Tabish’s former attorneys offer documents for appeal

Thursday, July 20, 2000 | 11:08 a.m.

The new attorney for convicted killer Rick Tabish said Wednesday that the former defense team has made "substantial compliance" in providing documentation that will help him prepare an appeal.

Bill Terry, who replaced trial attorney Louis Palazzo last month, filed subpoenas earlier this month to determine whether anyone on the defense team received fees as part of a book or movie deal about the Ted Binion murder case. If true, it would be considered a conflict of interest and possible grounds for a new trial.

There has been "substantial compliance with each of the subpoenas," Terry told District Judge Joseph Bonaventure.

Terry and attorney John Momot, who represents Sandy Murphy, convicted along with Tabish in Binion's murder, are in the process of filing for new trials.

Palazzo and Terry told the judge they went through many boxes of trial papers and found many of the documents that Terry had thought was missing.

Palazzo said there are still four or five documents that had not been found, but he believes they are in the "voluminous amount of materials" that he has provided to Terry.

Palazzo said he believes the documents are there because they he used them during the trial. Neither attorney divulged in open court what specifically was in the documents that Terry sought.

Palazzo said that a cost report that Terry had requested just Tuesday was provided to him in the judge's chambers Wednesday.

Terry, who was one of Murphy's original attorneys, said he does not believe that the search for the remaining documents will adversely affect the timetable that Bonaventura has set leading up to the Sept. 8 sentencing date.

Terry informed Bonaventure he would be requesting an evidentiary hearing. Bonaventure set an Aug. 4 hearing to determine whether he would grant an evidentiary hearing that Terry said would take about three days. It was not disclosed what witnesses would be called during that hearing.