Bonaventure hit with startling news

Friday, Aug. 10, 2001 | 4:23 a.m.

Editor's note: This is the last in a series of seven excerpts from the new book, "Murder in Sin City: The Death of a Las Vegas Casino Boss." The book, which takes the reader into the heart of the Ted Binion murder investigation, was written by Jeff German, the Sun's senior investigative reporter. The series is exclusive to the Sun.

Less than a month before the Sept. 15, 2000, sentencing of Sandy Murphy and Rick Tabish, District Judge Joseph Bonaventure received some startling news that prompted him to haul lawyers and investigators to a secret hearing in his chambers.

Summoned to the Aug. 22 hearing were Chief Deputy District Attorney David Roger, defense attorneys John Momot and William Terry and defense investigators Jim Thomas, Michael Wysocki and Robert Maddox.

"On Friday, Aug. 18, while on duty, my bailiff, Hank, received a telephone call in chambers from a certain individual asking to speak to me," Bonaventure said, according to a secret transcript of the hearing.

"At the time of the call, I wasn't available, and in substance, it was relayed to Hank that Mr. Tabish, the father of defendant Richard Tabish, was upset by the apparent result of court proceedings during the recent hearing on the motion for a new trial for his son, Rick."

Bonaventure said the caller indicated that Frank Tabish had hired Thomas to "dig up dirt" on him to influence his decision because he felt that Bonaventure was in the "pocket" of the prosecution.

The judge added that he was told the defense planned to slowly leak derogatory information about him.

"I talked to the individual myself, and he confirmed that," Bonaventure said. "And this individual -- I'm not going to name his name -- seems to me a very reliable person. And it seems to me, the one he talked to had access to the defense camp. So I received this information about some, perhaps investigation being undertaken against me, in order to influence the outcome of my decision. And that certain threats were made.

"I don't have any reason to believe this is happening," the judge added. "But I wanted to make a record of it. That's basically why we're here ... And it's not affecting at all my partiality in this case."

Bonaventure then put the defense team on notice that Nevada laws make it a felony to threaten or try to influence a public official.

"There could be federal crimes involved," he said. "I don't know. But this is what I'm receiving from this inquiry. And this is where we're at. Does anybody want to say anything?"

"I do sir," Thomas said. "Your honor, that's the most ridiculous thing I've heard this week. I was hired on this case in May 1999 to do an investigation for the defense of Rick Tabish. I have at no time been hired to do an investigation into you. I have not done an investigation into you. I have not investigated you in any way.

"OK," Bonaventure responded.

"I don't know who your source is, but he needs to get better information," Thomas added.

"I've got some questions," Bonaventure said. "Are you aware of any ongoing or planned investigation of myself?"

"No I'm not. You know the only thing I heard there that was true was that Mr. Tabish was upset."

"Has anyone approached you with the idea of investigating me?"

"No sir."

"Are you aware of any other parties who have been approached about the possibility of investigating me?"

"No sir."

"Has it ever been suggested to you that I should be investigated?"

"No sir."

"Do you have any knowledge at all about any investigations of myself being discussed as a possibility?"

"No sir."

Bonaventure then asked Maddox and Wysocki the same questions and got the same responses. He told Momot and Terry that their names had not come up during his discussion with the tipster.

"I wouldn't even insult you with suggesting that you or Mr. Momot were in any way even mentioned," he said. "Do you understand that?"

"Judge, I understand that," Terry responded. "And I appreciate the court's comments because, quite frankly, I've known the court for a long time ... I have nothing but respect for this court. I can look you in the eye, take a polygraph, whatever you want. That has never been a directive from me to Mr. Thomas. Mr. Thomas and I have never discussed such a situation."

After further conversation, Terry added: "We're also not unmindful of the fact that your honor is going to be doing the sentencing," Terry said.

"From a realistic point of view, the last thing I'm going to do in representing a client is authorize a direct investigation on a judge, even if it was for the purpose of getting it out in the media ... So I have no hesitation in telling you neither Mr. Thomas nor I have ever talked about that."

Terry said he recalled Frank Tabish not being happy about one of the judge's decisions.

"And I can remember what I told him," he explained. "I said you know you have to live with the judge's decision. You respect him for the decision, even if you disagree. There are other courts. And that was the totality of the conversation."

But Bonaventure continued to press the lawyers and the investigators.

"It's just incomprehensible to me that this could happen, that somebody would investigate me to influence my decision because there would be felonies committed here," he said. "I don't know if Frank Tabish is aware of this. Maybe he should be aware of it -- if he's even thinking about it."

Momot suggested that maybe others not in the room had hatched a plot against the judge.

"I can say besides Mr. Terry, I think I've known the court the longest in this jurisdiction," he said. "And I would take it as a personal affront if that was ever brought to my attention."

That gave Bonaventure an opening to inquire about William Fuller, who probably had spent more than $1 million by that time on Murphy's defense.

"You know, I haven't talked to the man, in I don't know how long," Momot said.

"Well, again," Bonaventure said. "I don't even necessarily believe any of this is true. I just thought it was incumbent upon me to bring this to everybody's attention in a sealed condition.

"We could all surmise, surmise and surmise. But I mean, it's not coming from you. It's coming from somebody like Frank Tabish, like Bill Fuller. Somebody like that that doesn't like what's happening here ... if they do it, there are going to be serious consequences."

Bonaventure concluded the secret hearing by saying, "I hope it stops now ... a word could be brought to these people that if something like this is going to be perpetrated, it's going to have dire consequences."

Terry asked the judge if he minded whether he talked to Tabish's father about it.

"No, I have no problem with you discussing it with Frank Tabish," Bonaventure said. "In fact, it would probably be a good thing that you do it to prevent him from doing something stupid."

"Correct," Terry replied.

"And the same with maybe Fuller, if he has any ideas. But that's, you know, that's something that you'll have to determine."

Bonaventure then told the parties present that he would keep the transcript of the hearing sealed. Terry later reported to the judge that Frank Tabish denied hiring an investigator. Momot separately reported that Fuller did not respond to his inquiries.

Days later, despite his serious conversation with the defense camp, Bonaventure got another tip that a defense investigator had gone to the clerk's office and discovered that the judge did not have his required oath of office and bond on file from his 1996 re-election.

The judge heard that the defense was going to try to use that information to get him disqualified from the case before he ruled on the motions for a new trial.

But it turned out the clerk's office merely had misplaced the items.

On Sept. 8, Bonaventure, to no one's surprise, refused to grant Murphy and Tabish a new trial. He quoted a U.S. Supreme Court decision that said the defendants were entitled to a fair trial but not a perfect one.

"Murder in Sin City" by Jeff German is available for $6.99 at all major bookstores in the greater Las Vegas area and around the country. It is published by Avon Books, an imprint of HarperCollins Publishers in New York.

archive