Countywide : Judge in Gionis Case Won’t Disqualify Self

A Superior Court judge refused to disqualify himself Thursday from hearing the child custody dispute between Dr. Thomas Gionis and his former wife, Aissa Wayne, rejecting Gionis’ claim that the judge is biased against him.

Gionis’ lawyer, Catherine A. Vincent, contended in court papers that Superior Court Judge Ronald E. Owen is biased in favor of the district attorney’s office, which is prosecuting an assault case against Gionis stemming from an October, 1988, attack on Wayne and her then-boyfriend. The trial is scheduled for March 6.

Owen refused to recuse himself, so another judge will hear the motion for disqualification. The judge has not yet been selected, and no hearing date has been set.

In a written motion seeking the disqualification, Vincent focused on Owen’s refusal last month to grant Gionis unmonitored visits with his daughter, 2-year-old Anastasia, who lives with her mother. She also attacked the way Owen handled the appointment of the monitors and said Owen’s friendship with Wayne’s attorney, E. Robert Lemkin, influenced his judgment.

Vincent said Owen first approved three monitors, then immediately disapproved them when Lemkin noted that it could create a conflict of interest because they worked for the district attorney’s office. If they overheard private statements by Gionis, he could use that to try to dismiss the assault case, Lemkin had argued.

Lemkin said Thursday that Vincent’s motion is unfounded because he is not “bosom buddies” with Owen.

“I don’t think the judge is prejudiced,” Lemkin said. “Remember, he first awarded custody (of Anastasia) to Dr. Gionis in the beginning. He clearly is not biased against him.”