DA denies snitch placed with Tabish

Wednesday, Feb. 9, 2000 | 11:23 a.m.

The lead prosecutor in the Ted Binion murder case said today he did not steer an informant to Rick Tabish at the Clark County Detention Center.

"There is absolutely no truth to the allegation that the prosecution planted an informant in Tabish's cell," Chief Deputy District Attorney David Roger told the Sun. "We are confident with our case, and we would not jeopardize the prosecution by using jail-house informants."

Roger called the allegation, primarily raised by Tabish's attorney Louis Palazzo, "another example of the young lawyer going off half-cocked."

Law enforcement sources said detectives first learned last week that the informant, David Gomez, was in the same protective custody cell block as Tabish. Gomez said he had information that Tabish was plotting to kill Binion's gardener, Tom Loveday, who is a key witness.

Detectives, however, did not find the plot credible and dropped the matter, the sources said.

Jail officials declined comment this morning.

But late Tuesday Palazzo, joined by John Momot, the lawyer for Tabish's co-defendant Sandy Murphy, filed a motion charging that Roger and jail officials planted Gomez next to Tabish to steal personal notes from Tabish before his March 13 trial. Both Tabish and Murphy are charged with killing Binion in September 1998 and stealing his valuables.

Defense lawyers asked District Judge Joseph Bonaventure to dismiss the murder charges against their clients because of the alleged wrongdoing.

"The misconduct at issue is so flagrant that nothing short of dismissal will serve to deter such unlawful and egregious tactics in the future," Palazzo and Momot wrote.

Bonaventure has scheduled a 9 a.m. hearing Friday. Attorneys are considering subpoenaing Roger, jail officials and Metro detectives.

In an affidavit, Palazzo charged that jail officials placed Gomez in the same protective custody block as Tabish "for the purpose of invading the defense camp and seeking to undermine Mr. Tabish's defense in this case.

"Further," Palazzo added, "it is believed that this informant has purloined personal notes and work product documentation relating to the defense of Mr. Tabish in the upcoming trial from Mr. Tabish's cell on behalf of the district attorney's office."

In their motion, the lawyers said Tabish reported the papers missing last Wednesday.

"The documents at issue include matters impacting upon trial strategy, as well as matters concerning impeachment material of various state witnesses," Palazzo and Momot wrote.

Law enforcement sources said Gomez provided detectives with documents last Thursday, but a handwriting analysis could not determine whether Tabish was the author.

Roger also looked briefly at the papers and said he couldn't identify the handwriting as Tabish's, the sources said.

"Detectives were convinced that the information provided (by Gomez) was not accurate information, and no further action was taken," one law enforcement source said.

The documents are believed to be in the custody of jail officials.

Defense attorneys described Gomez as a "reputed snitch who has repeatedly worked on numerous cases for the the state and federal government."

Tabish was placed in protective custody six weeks ago after jail officials reported they had received death threats against him.

Officials would not say how long Gomez has been in the same cell block with Tabish.