Judge finds no help for Tabish in FBI’s probe

Jace Radke

Monday, Feb. 3, 2003 | 9:51 a.m.

A federal judge has ruled that the FBI does not need to turn over an investigation allegedly tied to the murder of Ted Binion.

Attorneys for Rick Tabish had said the drug trafficking and racketeering case could contain information that would clear Tabish of Binion's murder, but after reviewing a sealed affidavit from FBI Special Agent Gerald McIntosh, U.S. District Judge James Mahan ruled Friday that the case contained no such evidence.

McIntosh filed the affidavit after he was ordered to reveal whether he knows of any evidence that could clear Tabish or shift the blame to other parties.

"I believe that the FBI agent did respond to my areas of concern," Mahan said. "In light of the last affidavit being under seal, this ends matters."

Mahan had asked McIntosh to divulge any evidence in a 1999 case that either ties Tabish to the murder, clears him or reveals new witnesses. The FBI has previously filed court documents stating that there is nothing in McIntosh's investigation that clears Tabish.

"The judge asked us to provide any information that was inculpatory or exculpatory (of Tabish) and he said in open court that he is satisfied with what was provided," said Steven Myhre, first assistant U.S. attorney for Nevada.

Binion, 55, whose family owns the Horseshoe downtown, was found dead in the Las Vegas home he shared with his girlfriend, Sandy Murphy, in September 1998. Tabish and Murphy were convicted of the murder and are waiting for a Nevada Supreme Court decision of their appeal.

The 1999 drug and racketeering case included wiretaps and focused on a group of conspirators. Among those investigated was Robert Marshall, who was found guilty in federal court in October of brokering a deal for a kilogram of cocaine.

Marshall, a four-time felon, is scheduled to be sentenced Friday by U.S. District Judge Lloyd George. Authorities believe Marshall may have information about the 1972 car-bombing that killed former FBI agent William Coulthard, who was the landlord of the Horseshoe at the time of his death.

FBI agents and Metro Police homicide detectives have been unsuccessful in getting information from Marshall about that car-bombing.