Monday, Feb. 16, 2004 | 9:41 a.m.
District Judge Joseph Bonaventure on Friday postponed his ruling on whether he will allow prosecutors to interview the attorney Rick Tabish accused of improperly handling his appeal on extortion charges.
Chief Deputy District Attorneys Robert Daskas and Christopher Lalli argued that Tabish waived his attorney-client privilege when he filed a motion questioning the decisions of his former attorney, William Terry. Bonaventure said he would reserve a ruling on the matter until a hearing March 19.
Tabish's conviction on charges he extorted Jean sand pit operator Leo Casey was the only ruling upheld by the Nevada Supreme Court when the high court ordered a new trial for Tabish and co-defendant Sandy Murphy on charges they killed casino executive Ted Binion.
In a writ of habeas corpus filed in December, Tabish said Terry ignored multiple requests to raise specific issues regarding the extortion charges when the case was appealed to the Nevada Supreme Court.
As a result, Lalli said, prosecutors have the right to discuss with Terry the preparation of Tabish's appeal, the strategies involved and any statements Tabish may have made to Terry.
"When you go after an attorney, you waive attorney-client privilege," Lalli said.
A team of attorneys for Tabish argued that Tabish had not waived his right to attorney-client privilege by filing the writ and that he had not alleged ineffectiveness of council.
J. Tony Serra, Tabish's San Francisco lawyer, insisted that while a conversation with Terry would not work to his client's detriment, Tabish's rights must remain protected.
"We have nothing to hide," he said. "Our client has always maintained his innocence."
In a second motion heard on Friday, defense attorneys argued to add local attorney Anthony Sgro to Tabish's roster of high-profile attorneys. Prosecutors objected to the motion, calling it a conflict of interest.
During the initial trial, Sgro represented Michael Milot in an attempt to take Binion's $6 million silver fortune from an underground vault.
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