Gionis Asks to Be Free While Court Weighs Conviction

Jailed surgeon Thomas Gionis on Wednesday asked a state appellate court to free him while it decides whether to reverse his conviction for hiring two henchmen to attack his estranged wife, the daughter of the late actor John Wayne.

Gionis’ attorney said a judge acted improperly Monday by revoking Gionis’ $2-million bail, which had kept the wealthy Irvine physician out of jail while his 1992 conviction was appealed.

The decision to put Gionis behind bars again “reflects a profound abuse of discretion,” attorney William J. Kopeny stated in court papers.

Gionis, who was being held at Orange County Jail, was arrested at work Monday at a Norwalk hospital after Orange County Superior Court Judge Theodore E. Millard revoked bail. State attorneys argued Gionis might flee after losing a crucial round in his appeal last week before the California Supreme Court.

Gionis did not know police were about to arrest him, Kopeny said.

“He’s been prepared for the possibility of losing (at the Supreme Court). I think he was surprised he was arrested,” he said.

The 4th District Court of Appeal in Santa Ana still has to settle several lingering issues in the case. That court reversed Gionis’ conviction last year, but the Supreme Court tossed out the lower court’s findings of improper testimony by an attorney and prosecutorial misconduct.