Private Eye Ordered to Trial in Attack on Wayne and Luby

O. Daniel Gal, the private investigator who has admitted to police that he played a role in the attack on John Wayne’s daughter and her former boyfriend, was ordered to stand trial Wednesday after he waived his right to a preliminary hearing.

Gal claims that prosecutors reneged on a promise to reduce the charges against him if he cooperated with them in their case against Aissa Wayne’s former husband, Dr. Thomas A. Gionis. The physician is accused of ordering the assault by two henchmen allegedly hired by Gal. The attack occurred Oct. 3, 1988, in Newport Beach.

The doctor’s first trial ended in a mistrial, and a second trial is scheduled for June.

But prosecutors, who refused to use Gal as a witness at either Gionis’ first trial or the trial of one of the attackers, deny that any deal was made. A judge has denied Gal’s motion that prosecutors be forced to allow him to plead to lesser charges.

But Gal, 34, has since fired his attorney and said he will renew that motion with his new attorney when his case reaches Superior Court.

Gal’s arraignment has been scheduled for May 14. He is charged with eight assault-related charges and could be sentenced to up to 12 years in state prison.

Deputy Dist. Atty. Clyde Von der Ahe said Wednesday that Gal agreed to waive the preliminary hearing because all of the witnesses against him already are on record.

“Some of these witnesses have testified as much as seven times,” the prosecutor said. “There really wasn’t any need to go through all that again.”

Gal was arrested in Switzerland several months after the attack on Wayne and her then-boyfriend, Roger W. Luby, at Luby’s estate.

Gal has said he did not fight extradition back to the United States because prosecutors had sought his cooperation against Gionis.

Gal has told police that it was Gionis who ordered that Aissa Wayne be “taught a lesson” on the eve of a bitter custody dispute over their daughter, then 2.

Gal said he hired Jerrel Hintergardt, 39, who is already serving a 12-year sentence for his role in the attack, and Jeffrey K. Bouey, 37, who has admitted his role and is cooperating with authorities.

Bouey’s case will remain pending until after he testifies against Gionis at the doctor’s retrial, prosecutors said.