Gibbons refuses to disqualify Binion judge

Tuesday, April 30, 2002 | 11:01 a.m.

Chief District Judge Mark Gibbons today refused a defense request to disqualify the presiding judge in the Ted Binion murder trial.

Following a brief hearing Gibbons said Nevada law prevented Rick Tabish, one of Binion's convicted killers, from seeking the removal of District Judge Joseph Bonaventure after the trial.

But Gibbons stayed his order for seven days to allow defense lawyers to appeal the matter to the Nevada Supreme Court.

Gibbons said his research showed that defendants must file such motions 20 days before trial.

Tabish's San Francisco lawyer, J. Tony Serra, sought to prevent Bonaventure from hearing new post-trial motions to overturn the murder convictions of Murphy and Tabish.

Bonaventure presided over the well-publicized Binion case which led to the May 2000 convictions of Tabish and his co-defendant, Sandy Murphy.

Serra had filed court papers accusing Bonaventure of bias, because he attended an August book signing at Binion's Horseshoe for "Murder in Sin City," a true crime paperback he contended did not portray the convicted defendants in a flattering light. The book was written by Sun reporter Jeff German.

Serra was not present at today's hearing, but his associate Anna Ling said the book was "riddled with salacious accounts" of the relationship between Murphy and Tabish and included the "unsubstantiated opinions" of the author.

Ling said the book "basically demonized our clients," and the judge should have known better than to attend the book signing. Tabish was transported from the Ely State Prison to attend the hearing.

Bonaventure filed a sworn affidavit earlier this month insisting he has no bias against Murphy and Tabish, who now are serving more than 20 years in prison for Binion's September 1998 slaying.

Prosecutors also submitted court papers opposing the defense motion.

"It can hardly be said that because Judge Bonaventure signed a book, the judge exhibited bias in this case," Chief Deputy District Attorney David Roger wrote.

In court this morning, Roger said defense lawyers had no evidence to substantiate their claims of bias.

"Judge, this call is an easy one," Roger told Gibbons.

Defense lawyers plan to seek a new trial based on prosecutorial misconduct and newly discovered evidence pointing to other suspects in Binion's slaying.

The stay order expires at 5 p.m. May 7, and Gibbons set a May 10 hearing in front of Bonaventure to hear other matters in the Binion case, including a motion by prosecutors to remove Serra as Tabish's lawyer.