Cops: Jail visits led to alibi scheme

Thursday, Feb. 17, 2000 | 11:16 a.m.

Jason Lee Frazier visited murder defendant Rick Tabish a half-dozen times in jail last summer when, prosecutors believe, they hatched a plot to pay witnesses to provide Tabish with an alibi in Ted Binion's slaying.

The 28-year-old Frazier, a Tabish friend now cooperating with prosecutors in the bribery investigation, first visited Tabish at the Clark County Detention Center on June 25, jail records show.

That visit occurred the day after Tabish, a 34-year-old Montana contractor, and his co-defendant, Sandy Murphy, were arrested on charges of killing Binion.

Frazier next went to the jail on July 4 with his wife, Bobbi, who later tipped off police about the alibi scheme, records show.

And then without his wife, records show, Frazier visited Tabish on July 9, 12, 23 and Aug. 13. All of those visits occurred at 9 p.m.

Police learned of the reported bribery conspiracy from Bobbi Frazier in August, when she found notes on Rio hotel-casino stationery in her husband's briefcase.

"It was readily apparent to your affiant that these notes are notes outlining a false alibi for Richard Tabish," homicide detective James Buczek wrote in an affidavit. "Also, the notes reflect that the alibi witnesses were to be paid for their testimony."

One of the notes 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."

The next day Frazier went to see Tabish in jail.

Buczek said he believed the two men on that note were Martin A. Frye and Roger M. Davis, who prosecutors expect the defense to call as witnesses for Tabish at the March 13 murder trial.

Frazier, who was arrested on a material witness warrant in Missoula, Mont., on Monday, also was observed at several pretrial hearings in the Binion case, including the three-week preliminary for Tabish and Murphy before Justice of the Peace Jennifer Togliatti.

Police conducted court-approved wiretaps during the preliminary hearing to gather more information about the reported alibi plot.

On Tuesday, Chief Deputy District Attorney David Roger filed court papers saying Frazier has given prosecutors a windfall of information in a videotaped statement.

"Frazier has provided crucial information that will eliminate Rick Tabish's alibi for the day of Ted Binion's murder," Roger wrote.

At Roger's request, District Judge Joseph Bonaventure Tuesday ordered Frazier to post a $1 million bond when he returns within the next few days. Frazier currently is being held without bail in Missoula on a warrant seeking him as a material witness at the March 13 Binion murder trial.

The $1 million bail was set in Las Vegas because Roger expressed a fear that Frazier might flee the country even though he has agreed to testify against Tabish at the trial and has been promised he won't be prosecuted for his role in the alleged bribery plot.

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

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

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.

Jeff German is the Sun's senior investigative reporter. Reach him at german@ lasvegassun.com or 259-4067.

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