Tabish hires new attorney; more time sought to file for new trial

Kim Smith

Monday, June 19, 2000 | 11:13 a.m.

Convicted murderer Rick Tabish has a new attorney and both he and Sandra Murphy's attorney have asked for more time to file a motion for a new trial in the Ted Binion murder case.

Louis Palazzo, who represented Tabish at trial last month, officially informed District Judge Joseph Bonaventure Thursday that William Terry has taken over the case.

Terry's first official act was to ask Friday for more time to work on a motion for a new trial. He and Murphy's attorney, John Momot, have asked if they can be given until July 13 to file their motion. The attorneys were originally given until June 29.

Momot said with Terry just now coming back aboard the case, they need the time to prepare their motion. Terry represented Murphy early on in the case.

Although he declined to elaborate, Momot said he and Terry are asking for a new trial based upon new issues in addition to what they perceive to be procedural errors that took place during the eight-week trial.

Tabish and Murphy were sentenced May 24 to life in prison with the possibility of parole after being convicted of first-degree murder in the Sept. 17, 1998, death of Binion, a wealthy gambling figure.

The jurors also convicted Tabish and Murphy on a slew of other charges, including the theft of Binion's silver fortune. Tabish faces an additional 75 years on those charges and Murphy an extra 61 years when Bonaventure sentences them Aug. 11.

There has been talk for weeks that Palazzo was about to be fired by Tabish.

Sources told the Sun that Tabish was displeased with Palazzo's closing argument and that he did not call a number of witnesses, including Tabish, to the stand.

Palazzo has repeatedly denied the rumors of dissension. On Friday, Palazzo said he spent close to two hours with Tabish earlier in the week and there was no hint of "animosity or hostility."

"I withdrew from the case because Mr. Tabish retained appellate counsel to provide a fresh perspective on the case and that is not that uncommon," Palazzo said.

While defendants and their attorneys often "pull out all of the stops" during the appellate process, including arguing that their trial attorneys were ineffective, Palazzo said he would be surprised if that were the case in this case.

Thanks to the coverage received in the Binion case, Palazzo said millions of viewers saw that he was an "aggressive advocate" for his client.

"I've had glowing remarks from all over the country," Palazzo said.

Palazzo called Terry a fine and capable attorney.

"I wish them all the luck," Palazzo said.