Prosecutors want Tabish’s ex-wife cleared to testify

By Matt Pordum (contact)

Monday, Nov. 1, 2004 | 11:08 a.m.

Prosecutors have asked District Judge Joseph Bonaventure to allow the ex-wife of Rick Tabish to testify in the retrial of Tabish and Sandy Murphy for the murder of Ted Binion.

Deputy District Attorney Robert Daskas said an amended notice of rebuttal witnesses has been filed with the court to examine Tabish's alibi.

Daskas said Mary Jo Rehbien, who divorced Tabish in July 2000, could testify whether Tabish's alibi is consistent with what she knows.

Tabish's attorney, J. Tony Serra, said in opening arguments that witnesses would testify that Tabish was at work from 6 a.m. until the afternoon before resting briefly at his home, after which he met with his attorney and Murphy for lunch on the day Binion died.

Clark County Medical Examiner Dr. Lary Simms and Dr. Michael Baden have testified that Binion died between 8:30 a.m. and 1 p.m. on Sept. 17, 1998.

Under Nevada law, however, it's unclear whether Rehbien can be forced to testify or can testify without Tabish's consent.

The state's spousal privilege law states, "a husband cannot be examined as a witness for or against his wife without his consent, nor a wife for or against her husband without her consent. Neither a husband nor a wife can be examined, during the marriage or afterward, without the consent of the other, as to any communication made by one to the other during marriage."

The defense is expected to argue against Rehbien testifying.

It was unclear this morning whether there is case law that would force Rehbien to testify.

Under a ruling by the Nevada Supreme Court in the case of Peck v. State in 2000, the prosecution's subpoena of a spouse to testify "merely compels the attendance of a witness at trial." If subpoenaed, Rehbien could invoke her right not to testify.

Rehbien was absent during the first trial, but did testify during the penalty phase in an effort to spare Tabish a life sentence without the possibility of parole.

Prior to her involvement in the penalty phase Rehbien's only other involvement in Tabish's case came via requests for bail reduction and also a request to ban television coverage of the first trial.

In October 1999 Rehbien wrote a letter to Bonaventure saying, "Rick (Tabish) is not the type of man to run and hide, but rather to meet his opponents head-on and prove himself to the world."

Rehbien, who had been married to Tabish for eight years in 1999, also wrote, "I know him better than anyone, and at this time his main concerns are to clear his name, repay his debts and take care of his family.'