Friday, April 19, 1996 | 11:59 a.m.
Judge Gerard Bongiovanni is more lenient on crime than 75 percent of his colleagues in Clark County District Court, state sentencing figures show.
Overall, the judge sentenced defendants to 19 percent less prison or parole time than what was recommended by state parole and probation officers who act as neutral advisers at sentencing hearings.
Bongiovanni's softer approach on crime has new meaning since the 50-year-old judge was indicted Tuesday for allegedly accepting bribes and gifts in exchange for such favors as fixing tickets and releasing inmates on personal recognizance bonds.
The judge, who has not commented on the federal felony charges, was temporarily removed from the bench.
His suspension, required under state law, will be formalized within seven days by the Nevada Judicial Commission. He will be replaced Monday by retired Douglas County Judge Norm Robison.
"I'm not afraid to litigate this case one bit," said Bongivoanni's attorney, Tom Pitaro. "(But) we're at a disadvantage. Wait 'til I get into the courtroom where I can fight better."
Indicted with Bongiovanni were casino show producer Jeff Kutash and Henderson car salesman Paul Dottore. A second indictment connected to the judicial corruption investigation also charged two others.
Kutash, the 51-year-old creator of the Riviera's "Splash," is accused of paying Bongiovanni and Dottore to rule in his favor in a civil lawsuit.
Dottore, 52, is charged with acting as a middleman, soliciting and accepting gifts and money on Bongiovanni's behalf.
Based on telephone wiretaps, the government contends that Bongiovanni needed the bribe money to pay off taxes and a mortgage. As a judge, he makes $79,000, which supports his chronically ill wife and their two teenagers.
The judge is characterized by former colleagues and employees as being a nice but quiet man. "There was always a hi or bye," Court Administrator Chuck Short said.
In his five years on the bench, Bongiovanni earned a reputation for being liberal.
"We probably didn't enjoy trying cases in his department as much as we did others," said Deputy District Attorney Chuck Thompson, who was a Clark County judge for 20 years before becoming a prosecutor in 1995.
"He wasn't our first choice to try a close case in front of."
The district attorney's office is reviewing its cases before Bongiovanni to determine if the judge's alleged biases affected prosecution, Thompson said.
Bongiovanni placed 13th out of 16 judges in a measurement of average sentence length.
Based on state figures from fiscal years 1992 to 1995, Judge John McGroarty issued the shortest average sentences -- 26 percent shorter than recommended.
The toughest judges on the bench, Jack Lehman and Sally Loehrer, were more likely to follow the recommended sentences. In fact, Lehman gave an average of 10 percent more time than recommended.
Bongiovanni, accused of taking bribes in connection with property and traffic violations, ranked in the middle of his colleagues on property offenses and was harsher than most with traffic violators, the state figures showed.
Clark County Deputy Public Defender Shane Emerick said he thinks Bongiovanni's leniency with criminals is not a sign of softness, but an effort to address the source of crime, often drug and alcohol abuse.
Rather than punish a defendant with a harsh sentence, Bongiovanni more often replaced prison time with required attendance in counseling programs aimed at rehabilitating the criminal, Emerick said.
"I didn't feel that going in he was going to be more lenient," the public defender said. "But he would always listen and if I was good enough and pursuasive enough, he would sometimes grant (the motions).
"He would not be afraid to take a chance, and I think a lot of people benefited as a result."
This week's charges reverberated throughout the legal community.
"I was saddened and indeed sickened when I read the 49-page (FBI) affidavit in what appears to be gross criminal misconduct," Thompson said. "It was justice for sale."
The 13-count indictment spelled out a conspiracy to undermine judicial impartiality, citing five examples of alleged bribery including a defendant's agreement to pay $5,000 to get a theft charge dismissed.
"This is not a reflection of the court as a whole, this is one judge," Short said.
"We need to restate the fairness in the system to the bar and the litigants and the public as a whole. But confidence has been shaken."
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