Jury acquits former judge of accepting bribes

Saturday, Oct. 31, 1998 | 10:59 a.m.

Another jury deliberated for 3 1/2 days in December but failed to reach a unanimous verdict on any of the 13 counts Bongiovanni faces. The second jury, which began hearing evidence about two weeks ago, was given the case Thursday afternoon and reached a verdict late Friday afternoon.

Defense attorney Thomas Pitaro passionately argued for an acquittal Thursday. He described his client as a vulnerable man who was used by his best friend and targeted by obsessive government officials.

"Gerard Bongiovanni is accused of some terrible crimes, and he didn't do them," Pitaro said. "He didn't sell his office out."

Jurors heard emotional testimony during the trial from Bongiovanni, about his wife's battle with multiple sclerosis and her death from the disease in July 1996 at age 48.

Pitaro told jurors during his closing argument that Bongiovanni wanted their understanding - not their sympathy.

A grand jury indicted Bongiovanni, his friend Paul Dottore and show producer Jeff Kutash in April 1996 on charges of racketeering, wire fraud and conspiracy. Kutash was acquitted of all charges after a separate trial in September 1997.

Prosecutors have alleged Dottore arranged bribes for Bongiovanni, including a $5,000 payoff from Kutash in 1995. Kutash, former producer of the "Splash" shows at the Riviera, had a civil case in Bongiovanni's courtroom at that time.

Dottore pleaded guilty in May 1997 to a racketeering charge and agreed to testify against his co-defendants. He admitted soliciting bribes for Bongiovanni beginning as early as 1991.

Bongiovanni, 52, was defeated in the 1996 primary election after one term on the bench.

Dottore's guilty plea came several weeks after he was convicted of bank fraud charges in another case. Dottore, who has admitted lying under oath during his bank fraud trial, was sentenced in March to two years in prison for his role in both cases.

Pitaro has attacked the credibility of Dottore and government informant Terry Salem, who participated in the bank fraud with Dottore. Salem pleaded guilty last year to bank fraud and was sentenced in April to a year in prison.

Assistant U.S. Attorney Jane Shoemaker said during her closing argument Thursday that Dottore and Salem only supported what other evidence in the bribery case proved. She said prosecutors initially pursued the case without any promise from Dottore to assist them.

The corruption case against Bongiovanni stemmed from an investigation that began about five years ago with court-ordered wiretaps. Authorities filled hundreds of cassette tapes with conversations they secretly recorded during the investigation.