New Charges Sought in Assault on John Wayne’s Daughter

In an apparent attempt to make it easier to win a conviction, prosecutors Thursday sought to broaden the charges against Dr. Thomas A. Gionis, accused of masterminding the assault on his ex-wife--the daughter of the late actor John Wayne--and her then-boyfriend two years ago.

“Obviously, the prosecutor wouldn’t be doing this if he didn’t think it would help him get a conviction,” said William J. Kopeny, one of Gionis’ attorneys.

Gionis’ first trial in December ended in a mistrial with the jury deadlocked 9-3 for conviction.

Gionis, 47, an orthopedic surgeon from Pomona, is accused of ordering the Oct. 3, 1988, attack on Aissa Wayne and Roger W. Luby in the garage of Luby’s Newport Beach estate.

Luby’s right Achilles’ heel was cut and he was beaten with a gun. Wayne’s face was smashed into the concrete floor several times.

Prosecutors want to change the charge of conspiracy to commit assault with a deadly weapon to simply conspiracy to commit assault. They also want to add a charge of conspiracy to commit residential trespass. Two counts of assault against Gionis would remain unchanged. The district attorney would drop four charges: two counts of false imprisonment, one count of residential burglary and one count of intimidation of a witness.

The new charges are broader and would essentially leave prosecutors with less to prove in court. The prosecution’s proposal must be approved by Orange County Superior Court Judge Theodore E. Millard, who has set a hearing for Feb. 21. At that time, Gionis’ lawyers may oppose the move.

Deputy Dist. Atty. Christopher J. Evans declined to comment. However, one law enforcement official involved in the case said it is not uncommon to revise charges after learning what jurors at a first trial thought of the case.

If the judge rules in favor of the prosecution, it could mean a new round of pretrial hearings.

Prosecutors claim that Gionis, who was engaged in a bitter child custody fight with Wayne, hired two gunmen through a private investigator to intimidate Wayne before she testified at an upcoming custody hearing.