People v. Gionis

Facts

One year after marrying, Defendant-Appellant and Alissa Marie Wayne (Wayne) had a daughter, Anastasia. That same year, Wayne left Defendant-Appellant, taking Anastasia with her. Wayne had Defendant-Appellant served with divorce papers and, upon receiving the papers, Defendant-Appellant called a friend and attorney, John Lueck (Lueck), and requested that Lueck come to his house. Lueck went to Defendant-Appellant’s house after, “making it clear that he would not be willing to have any involvement as a lawyer” for Defendant-Appellant. When Lueck arrived at Defendant-Appellant’s house, Defendant-Appellant appeared upset and, “displayed very wide mood swings, alternating between tears and anger.” Defendant-Appellant at one point, “showed Lueck a declaration by Wayne in support of an order to show cause, and indicated he would like to change venue . . . .” Lueck told Defendant-Appellant, as a friend, that a change of venue may be appropriate, but at no time offered to file a motion with the court for the same. Defendant-Appellant also, during Lueck’s visit, showed Lueck holes in the wall and a closet door that had been thrown off-track. Defendant-Appellant told Lueck that, “the altercation which resulted in the holes in the wall was nothing relative to what he was capable of doing” and also that, “Wayne ‘had no idea how easy it would be for [Defendant-Appellant] to pay somebody to really take care of her.'” In 1988, Wayne began seeing a man named Roger Luby (Luby). After leaving an aerobics class together, Luby and Wayne returned to Luby’s home. Two men were waiting for them when they arrived, and when Luby and Wayne approached, the two men drew guns and struck Luby on the head, threatening to kill him if he yelled for help. Luby was handcuffed, and his face was smashed into the concrete floor; his Achilles tendon was also severed. Wayne was also threatened and her face also slammed into the concrete. At Defendant-Appellant’s trial, Defendant-Appellant did not testify, but the prosecution did call Lueck, who testified as to the comments Defendant-Appellant had made to him concerning the holes in the wall and the relative ease with which Defendant-Appellant claimed he could have Wayne “taken care of.” After being convicted, Defendant-Appellant appealed the conviction, arguing that the admission of Lueck’s statements was in violation of the attorney-client privilege. The Court of Appeal agreed and reversed Defendant-Appellant’s conviction, after which the prosecution filed a petition for review.