State Seeks to Revoke Gionis’ Medical License : Charges: New allegation of sexual misconduct with a patient is brought against physician convicted of masterminding an assault on ex-wife Aissa Wayne.

State officials Monday took the first step toward revoking the medical license of Pomona physician Thomas A. Gionis, leveling new charges that he engaged in “sexual misconduct” with a patient.

Gionis, 38, was convicted last month of masterminding an assault on his estranged wife, Aissa Wayne--daughter of the late film legend John Wayne--and her then-boyfriend in the midst of a 1988 child custody dispute arising from their separation.

Gionis faces up to eight years in prison on the assault conviction and will be sentenced next month.

The state routinely seeks to revoke the licenses of doctors convicted of felonies. But state papers served on Gionis Monday include not only the assault charges raised in his trial, but also the new sexual misconduct allegation as well.

Gionis, who is now free on bail, could not be reached for comment. His criminal attorney, William Kopeny, did not return several phone calls.

Deputy Atty. Gen. Randall B. Christison, who is handling the case, said that Gionis will now have several weeks to respond to the civil accusation.

If he contests the allegations of sexual misconduct, the matter will be tried before an administrative law judge, who will then make a recommendation to the Medical Board of California on whether Gionis should have his license revoked or face less stringent disciplinary action, such as a suspension.

The new charge against Gionis alleges that the Pomona physician “committed an act of sexual abuse and misconduct against a patient in the course of his practice.” It goes on to allege that Gionis had the patient partially disrobe without medical need, massaged her “for purposes of sexual gratification,” and then initiated sexual contact with her.

Christison, the prosecutor, said in an interview that the patient, who was about 20 years old at the time, went to Gionis for back or neck pain after a car accident. But she became alarmed after Gionis had her take her bra off and began massaging her and rubbing against her.

“She said, ‘I’ve had enough of this,’ got up, put on her clothes and scurried out of the office,” Christison said.

Christison said that if the case goes to trial before an administrative law judge, the state will put on evidence concerning both the sexual misconduct allegation and the assault on Aissa Wayne for which Gionis was convicted.

Six weeks ago, a jury in Orange County Superior Court found Gionis guilty on charges of conspiracy to commit assault, conspiracy to commit residential trespass, assault with a deadly weapon and assault with a firearm. It was his second trial on the charges after a jury deadlocked 9 to 3 in 1990.

The charges stemmed from a 1988 attack at the $3-million Newport Beach estate of Roger W. Luby. During the attack, Luby and then-girlfriend Aissa Wayne were assaulted at gunpoint. Wayne’s head was smashed twice against the concrete floor of the garage, while both of Luby’s legs were slashed in the area of his Achilles tendon in an apparent attempt to permanently disable the tennis buff. The couple were warned by the attackers that they were making trouble for “the wrong people.”

Prosecutors maintained that Gionis was “obsessed” with winning custody of his young daughter from Wayne and orchestrated the attack, using a private detective in Beverly Hills to hire the two men who carried it out.

Christison said that with the allegations of both the Wayne assault and sexual misconduct against Gionis, “we’re confident that there’s sufficient grounds for a revocation of his medical license.”