Witness sought in Tabish alibi plot

Monday, Feb. 21, 2000 | 11:43 a.m.

Homicide detectives want to question a man identified as "Ishma" in the reported plot by murder defendant Rick Tabish to pay off alibi witnesses in Ted Binion's slaying.

Chief Deputy District Attorney David, the lead prosecutor in the murder case, told the Sun today that Ishma, whom he described as a black man of Hispanic descent, is considered a material witness or a suspect in the scheme.

"We're looking to contact him," Roger said. "We are not ruling out filing charges against him."

Ishma's name was given to homicide detectives by Jason Lee Frazier, a 28-year-old Montana man who has confessed to participating in the alleged payoff plot with Tabish.

Frazier, a Tabish friend and business associate, was arrested in Missoula, Mont., last Monday on a warrant out of Las Vegas seeking his testimony as a material witness at Tabish's March 13 trial. Tabish and his reported lover, Sandy Murphy, are charged with killing Binion in September 1998.

Frazier, now being held at the Clark County Detention Center on a $1 million bond, agreed to cooperate with Roger on the promise he would not be charged in the conspiracy.

Following his arrest, Frazier gave Missoula detectives a three-hour videotaped statement. On Friday, Metro homicide detectives interviewed him for two more hours at McCarran International Airport upon his arrival here.

Law enforcement sources said Frazier told detectives he paid Ishma $2,000 to $3,000 to find additional alibi witnesses for Tabish. Ishma's name is listed on hand-written notes by Frazier outlining the plot. Police obtained the notes, which were on Rio hotel-casino stationery, from Frazier's wife, Bobbi.

The Sun reported last week that Frazier visited Tabish a half-dozen times in jail last summer when prosecutors believe the two men may have hatched the purported payoff scheme.

Frazier first saw 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 Murphy, a 28-year-old onetime topless dancer, were arrested in Binion's slaying.

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 the Rio notes 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 murder trial.

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

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

Roger said today he expects to file papers in court this week seeking permission from District Judge Joseph Bonaventure to use the evidence gathered in the payoff investigation against Tabish at the trial. Bonaventure is likely to hold a hearing on the matter.

Last week, Bonaventure refused to reconsider setting bail for Tabish in part because of the just-disclosed scheme.

Tabish's lawyer, Louis Palazzo, has accused Roger of using a "heavy hand" in dealing with Frazier.

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

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