Tabish friend talks in bribe probe

Tuesday, Feb. 15, 2000 | 11:16 a.m.

A Montana man accused of paying witnesses to provide Rick Tabish with an alibi on the day of Ted Binion's slaying is cooperating with authorities.

Jason Lee Frazier, 28, arrested Monday in Missoula, Mont., on a material-witness warrant seeking his testimony at next month's Binion murder trial, has given Missoula police a "complete videotaped statement," a Las Vegas prosecutor told the Sun this morning.

Chief Deputy District Attorney David Roger, the lead prosecutor in the Binion murder case, declined to discuss the specifics of Frazier's statement.

But Roger said Frazier, a friend and business associate of Tabish, told Missoula detectives he was preparing to flee the country before his arrest in anticipation of being exposed in the alleged bribery scheme.

Roger said Metro homicide detectives, who flew to Missoula, are continuing to investigate the purported conspiracy to pay off witnesses.

"We will be contacting others who may have been implicated in this plot," he said.

Tabish's attorney, Louis Palazzo, said he doubted whether there was any bribery scheme, and he accused Roger of using a "heavy hand" in the well publicized case.

"This is designed to do nothing more than to create a chilling effect on potential witnesses," he said. "The timing is very peculiar and suspicious."

But in an affidavit attached to the material-witness warrant, Las Vegas homicide detective James Buczek described Frazier as a "critical witness" for the prosecution.

Buczek said he believes Frazier has knowledge that several individuals were "promised money in exchange for their testimony."

Roger would not say whether he anticipates filing criminal charges in the scheme prior to the start of the March 13 Binion trial.

Prosecutors here had been seeking a $50,000 bond for Frazier on the material-witness warrant, but Roger said a Missoula judge Monday ordered Frazier held without bond on the warrant until authorities decide what to do with him.

The bribery investigation was launched in August 1999 after Frazier's wife, Bobbi, gave Missoula police hand-written notes she had found in her husband's briefcase, Buczek wrote in his five-page affidavit.

"It was readily apparent to your affiant that these notes are notes outlining a false alibi for Richard Tabish," Buczek said. "Also, the notes reflect that the alibi witnesses were to be paid for their testimony."

One of the notes, written on Rio hotel-casino stationery, said, "Three guys, $2,000 up front. The rest the day after they take the stand -- $4,000 later."

Another note, dated Aug. 12, read "Roger and Marty will be here tomorrow night. Final prep and it is done."

Buczek said he believed the two men on that note were Martin A. Frye and Roger M. Davis, who are expected to testify for Tabish at the trial.

Palazzo filed notice last week that Tabish intends to use an alibi defense at his upcoming trial. A total of 10 witnesses were listed as being able to account for Tabish's whereabouts on Sept. 17, 1998, the day Binion was killed.

Tabish and his reported lover, Sandy Murphy, are charged with pumping Binion with drugs and suffocating him that day at his 2408 Palomino Lane home.

In his papers, Palazzo did not name Frye and Davis as alibi witnesses. But he listed seven other people, including Steve Wadkins and Michael Milot, two co-defendants charged with crimes related to Binion's murder, who would testify that Tabish was at All Star Transit Mix in North Las Vegas from 8 a.m. until 12:30 p.m. on the day of Binion's death. Prosecutors believe Binion was killed between 9 a.m. and 10 a.m.

At least one reported alibi witness, Michael P. Gary, an All Star Transit Mix employee, is named on Frazier's notes as being slated to receive a payoff. All Star is owned by Wadkins.

According to Buczek, police had obtained permission from two district judges to conduct wiretaps in August and September during the probe, as Justice of the Peace Jennifer Togliatti conducted a lengthy preliminary hearing in the murder case.

In one monitored conversation on Aug. 28, Buczek wrote, Wadkins told Gary that Milot had come by the previous night and said, "there's two guys that are going to testify that Rick was there that early morning."

Buczek quoted Wadkins as saying, "They're pretty hard core guys, very good witnesses. That's why we want you to testify as well that we were having problems. ..."

The detective said Gary responded, "Yeah, no problem."

Buczek said many of the monitored telephone calls appeared suspicious to detectives. Those talking appeared "guarded" in their conversations.