Judge denies bias toward Tabish

Friday, April 19, 2002 | 9:14 a.m.

District Judge Joseph Bonaventure filed a sworn affidavit this week insisting he has no bias against Ted Binion's two convicted killers.

"I have no implied or express malice toward Richard Tabish or Sandra Murphy that would prevent me from sitting in a fair and impartial manner on cases where they are defendants," Bonaventure wrote.

Bonaventure, who presided over the 2000 Binion murder trial, filed the two-page affidavit in response to a motion by Tabish's San Francisco lawyer, Tony Serra, seeking the judge's disqualification from future matters in the case.

Serra alleged that Bonaventure displayed his post-trial bias against Tabish when he signed books last August at Binion's Horseshoe for "Murder in Sin City," written by Sun reporter Jeff German.

Bonaventure defended his actions at the Horseshoe, saying he did not intentionally go there to sign books.

He said he went to the Horseshoe with his law clerk, Al Lasso, to buy a copy of Murder in Sin City because all of the bookstores were sold out.

"Jeff German offered me a complimentary copy of the book. I refused, but someone in line asked me for an autograph in his book, so I gave Al Lasso the money to buy a copy of the book for me.

"As more and more people asked for autographs, I moved over and out of the line a bit and began to sign their books."

Bonaventure said he never sat down at a nearby table where Binion prosecutors David Roger and David Wall were signing books.

Chief District Judge Mark Gibbons has scheduled a 9 a.m. hearing April 30 on whether Bonaventure should be disqualified from the case.

Gibbons, who is handling all Binion matters until Bonaventure's status is decided, also will hear a motion filed by Roger to oust Serra from representing Tabish.

Roger accused Serra of misleading the District Court about his disciplinary record with the California State Bar Association when applying in February to join Tabish's defense team.

Gibbons signed an order this week allowing Tabish to be transported to Las Vegas from the Nevada State Prison in Ely to attend the April 30 hearing. Murphy, housed at the Southern Nevada Women's Correctional Facility in North Las Vegas, also is seeking permission to be on hand.

Both defendants are serving more than 20 years in prison for their roles in the Sept. 17, 1998, slaying of Binion, a former Horseshoe executive.

The Nevada Supreme Court has scheduled arguments on their appeals at 9 a.m. June 27 in Carson City.

On Thursday Gibbons allowed attorney William Terry to withdraw from the District Court case. He's being replaced by Carson City attorney Patrick Walsh.

Terry asked to step aside last week after alleging Serra filed the motion to disqualify Bonaventure without his knowledge and approval as Tabish's chief local counsel.