Attorney OK’d for Tabish

Erica D. Johnson

Friday, March 12, 2004 | 11:18 a.m.

A local defense attorney who represented Rick Tabish's accomplice on charges of attempting to steal casino executive Ted Binion's silver fortune will now represent Tabish in his murder retrial.

During a hearing this morning, District Judge Joseph Bonaventure allowed prominent local defense attorney Tony Sgro to join Tabish's roster of high-profile attorneys.

Prosecutors had argued that Sgro's addition was a conflict of interest because he represented Michael Milot, Tabish's co-defendant, on charges of trying to take Binion's $6 million silver fortune from an underground vault two days after Binion's 1998 slaying.

Milot did not face charges relating to Binion's murder.

Defense attorneys said there was no conflict of interest because Milot, who pleaded no contest to conspiracy to commit grand larceny, has perform his community service and has paid his fine, and that case is closed.

Bonaventure said prosecutors had not proved an actual conflict of interest, only a potential one.

"The court sees no reason why Mr. Sgro cannot represent Mr. Tabish," he said. "It does not seem fair to deny Mr. Tabish the attorney of his choice due to what may occur."

Milot and Tabish, who were both in court, said they'd signed lengthy documents waiving their rights to a potential conflict of interest. They said they fully understood the risks involved.

Prosecutors said an ongoing investigation could result in charges being filed against Milot.

"There is an investigation that could result in criminal liability of Mr. Milot," Chief Deputy District Attorney Robert Daskas said.

Anthony Goldstein, an independent lawyer who was appointed to discuss the conflict of interest with Milot and Tabish, said he explained to Milot that more charges could be filed against him.

"He (Milot) has been advised that those charges could possibly include murder," Goldstein said.