Jail officials deny claim of stolen papers

Robert Macy

Saturday, Feb. 12, 2000 | 9:57 a.m.

Jail officials have denied that they recruited a dangerous inmate with links to the "Mexican Mafia" to steal papers from one of the accused slayers of casino figure Ted Binion.

Jail officers testified Friday at an evidentiary hearing sought by Binion murder defendants Rick Tabish and Sandra Murphy. Tabish claims that extensive notes compiled with his defense attorneys were stolen from his cell by inmate David Gomez at the behest of the Clark County district attorney's office.

Chief Deputy District Attorney David Roger bristled Friday at the suggestion he and his office had orchestrated a deal to have Gomez moved next to Tabish's cell at the Clark County Detention Center.

He read from a defense motion that referred to "jail officials acting in concert with the prosecuting attorney."

"That's a pretty serious allegation," Roger said.

"That's a pretty serious constitutional violation," Tabish attorney Louis Palazzo responded.

District Judge Joseph Bonaventure agreed to allow witnesses to testify in the case, saying: "Serious allegations have been made about Mr. Rogers' integrity."

Palazzo, joined by Murphy's attorney, John Momot, filed a motion Monday charging that Roger and jail officials planted Gomez next to Tabish to steal defense notes before the March 13 murder trial. Tabish and Murphy are charged with killing Binion in September 1998 and stealing his valuables.

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

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."

Dante Tromba, a Metropolitan Police corrections officer, said Gomez was transferred to the same block as Tabish because he was a snitch who was "affiliated with the Mexican Mafia out of Southern California."

Tromba denied that Gomez was recruited by prosecutors to spy on Tabish, calling the claim "totally false."

He said Gomez could not have accessed any of Tabish's papers unless Tabish left them outside his cell or left his door open at some point during the three hours a day he is allowed outside the cell.

Fellow guard James R. Peal said Tromba confronted him Feb. 3 and told him to obtain "the Tabish notes from Gomez."

Peal said Gomez replied he didn't have the notes and Tromba responded with a string of expletives, then the comment: "I've got a D.A. and a deputy chief waiting."

Tromba said Gomez denied having any paperwork and his cell was searched. Officers found a razor blade, a file and an ice pick hidden in a bag of coffee.

Tromba testified that even though Gomez was considered a dangerous inmate, he was allowed out to watch the Super Bowl.

"He was very cooperative," Tromba said of the reputed snitch.

"As long as he's not sticking you with an ice pick," Palazzo interjected.

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

The hearing will continue on Monday, when Gomez is scheduled to testify.