Judge questioned Tabish on mob-involved film deal

Thursday, Dec. 16, 1999 | 11:10 a.m.

District Judge Joseph Bonaventure disclosed Wednesday that he questioned one of Ted Binion's accused killers and his lawyers behind closed doors about a mob-involved movie project on the gambling figure's death.

At a hearing, Bonaventure said he left the secret session with Rick Tabish and his attorneys, Louis Palazzo and Robert Murdock, convinced that the legal fee arrangements between the three men was proper.

The Sun has reported that reputed mob associate Joseph Cusumano may have obtained a piece of Tabish's movie rights in return for help with his legal fees.

An attorney for Binion's chief heir, his 19-year-old daughter Bonnie Binion, said after the hearing that Bonaventure's conclusions will not deter him from proceeding with efforts to determine the extent of the relationship between Tabish and Cusumano, who has acknowledged participating in the Binion movie project.

"This will have no effect on what I intend to do," said Harry Claiborne, who filed papers in District Court this week indicating Bonnie Binion intends to seek any profits Tabish might earn from the movie deal.

In his papers, Claiborne asked District Judge Michael Cherry -- who is overseeing the daughter's wrongful death lawsuit against Tabish and her father's other accused killer, Sandy Murphy -- to take Cusumano's deposition and others reported to be involved in the project.

Claiborne said Wednesday he also has no plans amid the judge's remarks to stop pressing Palazzo and Murdock to reveal whether they may be receiving legal fees related to the movie deal.

And private detective Tom Dillard, who's working for Ted Binion's estate, said he's continuing to investigate the movie deal at Claiborne's direction.

Bonaventure, meanwhile, said he met "in camera" with Tabish and his attorneys in the presence of a court reporter for about a half-hour before Wednesday's hearing in open court. He said he informed Chief Deputy District Attorney David Roger, the lead Binion prosecutor, of the meeting.

The judge, who declined to disclose details of the meeting, said he scheduled the closed session because of the Sun reports referring to the movie deal.

He said he was obligated to review the fee arrangements to ensure that Palazzo and Murdock weren't influenced by any such deal.

The two lawyers were acting above board and in their client's best interests, Bonaventure said.

Last month Cusumano, a reputed top lieutenant of slain Chicago mob kingpin Anthony Spilotro, confirmed through a friend that he was participating in a Binion film project with a Los Angeles company identified as Edgebrook Productions.

Hollywood producer Michele Berk, who runs Edgebrook, acknowledged that she had obtained Tabish's movie rights and was putting together a film on Binion's death for the Showtime cable network.

Steve Wolfson, Tabish's former defense lawyer, confirmed that Cusumano had telephoned him a couple of times this past summer wanting to discuss the movie deal.

And a man who identified himself as Salvatore Galioto, signed in to visit Tabish at the Clark County Detention Center on Aug. 16. Galioto, identified by the Chicago Crime Commission as an associate of the Chicago mob, has a history of ties to the movie industry.

Bonnie Binion filed her wrongful death suit against Tabish and Murphy in October, accusing the two of "engaging in a secret sexual relationship" while plotting her 55-year-old father's death. At the time, Murphy was living with the former casino executive.

Tabish, 34, and Murphy, 27, also are facing criminal charges of killing Ted Binion and stealing his valuables, including his silver fortune in Pahrump and a $300,000 collection of rare coins and currency. Binion's body was discovered at his 2408 Palomino Lane home in Las Vegas next to an empty bottle of the prescription sedative Xanax.

In other action Wednesday, Bonaventure refused to allow Binion's estate to sell the silver until after the March 13 trial of Tabish and Murphy.

Defense lawyers consider the silver, which is being stored at an undisclosed site in Las Vegas, crucial evidence and want a jury to view it during the trial.

Bonaventure also granted a defense request giving Murphy and her lawyer, John Momot, an opportunity to tour the Palomino Lane home and its death scene without prosecutors or police so that she can properly prepare for her trial.

A judge last year awarded Murphy the home, its contents and $300,000 in cash, but Binion's estate is appealing the decision to the Nevada Supreme Court.

Prosecutors believe Murphy took a wine glass that may have been used in Binion's slaying during a videotaped tour of the home the day after his death.