Tabish will have to stay in prison

Monday, May 10, 2004 | 9:24 a.m.

District Judge Joseph Bonaventure denied a bid by Rick Tabish to get out of prison while he awaits a second trial in the 1998 murder of casino figure Ted Binion.

Tabish, whose conviction was overturned by the state Supreme Court last year, is still completing a prison sentence for extortion after his conviction of beating a former business colleague.

Tabish asked Bonaventure on Friday to reduce that sentence, a move that would allow him to seek parole and bail. His co-defendant on the murder charge, Sandy Murphy, is out of prison on $250,000 bail. Their new trial is scheduled to begin Oct. 13.

Bonaventure said that while he had the jurisdiction to reduce the sentence, if anything he was too lenient in giving Tabish 18 to 120 months for the 1998 beating of Leo Casey.

"I was more than fair (in sentencing Tabish)." Bonaventure said. "If I was to modify the sentence, I would modify it up."

Attorney Tony Sgro argued that Tabish was wrongly treated "20 times" harsher than co-defendants John Joseph and Steve Wadkins, who reached plea agreements with the state for the 1998 beating of Casey.

Tabish, Joseph and Wadkins kidnapped Casey, beat him with a phone book, put a gun in his mouth and placed a knife under his fingernails in hopes of forcing Casey to sign documents turning over his interest in a sand pit he operated.

Sgro argued that Tabish was treated differently because his conviction on Binion's murder prejudiced the jury and the subsequent sentencing.

Deputy District Attorney Christopher Lalli said Tabish, who has convictions ranging from assault to stealing a $600,000 painting from a former attorney, was treated differently because of his criminal history.