DA’s office wants Tabish lawyer ousted

Tuesday, April 16, 2002 | 11:13 a.m.

The lead prosecutor in the Ted Binion murder case filed court papers Monday seeking the removal of well-known San Francisco lawyer Tony Serra from representing one of the gambling figure's convicted killers.

Chief Deputy District Attorney David Roger accused Serra of misleading District Judge Joseph Bonaventure about his disciplinary record with the California State Bar when applying in February to represent Rick Tabish on post-conviction matters.

Roger said Serra did not inform Bonaventure about a Jan. 3 public rebuke from the California State Bar Association. The sanction stemmed from a complaint against Serra for revealing over the Internet the addresses and phone numbers of key prosecution witnesses in the Los Angeles bombing trial of his client, Sara Jane Olson, a onetime member of the 1970s Symbionese Liberation Army.

"At a minimum, Mr. Serra misled the court and the Nevada State Bar Association by failing to disclose his recent public reproval by the California State Bar Court," Roger said in his papers. "Defendant's lack of candor displayed to the court and the Bar Association should be grounds for revoking Mr. Serra's privilege to practice in this state."

Roger also pointed out that Serra was convicted in 1974 and again in 1985 of failing to file tax returns. On his February application to practice here, Serra said the California bar suspended him for one month in 1988 as a result of his last tax conviction.

Serra could not be reached for comment.

Last week in Las Vegas Serra created a stir when he filed a motion accusing Bonaventure of being biased against Tabish because he signed books at an August book signing for "Murder in Sin City," written by Sun reporter Jeff German.

Serra alleged the book did not portray Tabish in a flattering light, and he asked that Bonaventure be removed from hearing further matters in the case.

The next day Tabish's Las Vegas lawyer, William Terry, filed court papers asking to withdraw from the case, saying Serra sought Bonaventure's disqualification without the local counsel's knowledge or approval.

Roger on Monday said Serra's actions violated a court stipulation in which he agreed to let Terry review all post-trial motions he wrote in the Binion case.

Chief District Judge Mark Gibbons has scheduled a 9 a.m. hearing Thursday on Terry's request to withdraw and additional hearings April 30 on the matters raised by Roger and Serra.