Tabish seeks return of items

By Matt Pordum (contact)

Wednesday, June 1, 2005 | 9:09 a.m.

Rick Tabish's attorney said Tuesday that $3,100, a Mercedes and other personal items seized by police officers when Tabish was arrested for looting Ted Binion's silver vault in Pahrump should be returned to Tabish because he was acquitted of both killing Binion and stealing from Binion's home.

Joseph Caramagno said Nye County sheriff's deputies effectively "stole" his money and Henderson authorities "stole" his Mercedes and personal items when they arrested Tabish for unearthing Binion's silver.

Caramagno said because a jury acquitted Tabish and Sandy Murphy on charges of murdering Binion and then looted his home, the property "should be returned to its rightful owner."

On Nov. 23 a Clark County jury acquitted Murphy and Tabish in connection with the death of the millionaire member of a pioneer gaming family. The jury found the duo guilty of conspiring to commit burglar and/or larceny as well as guilty of burglary and grand larceny, however, in connection with their plot to steal Binion's horde of silver.

The defense attorney said trial testimony proved Binion paid Tabish the $3,100 from a "four-inch stack" of bills for building Binion's silver vault.

Caramagno said the money was paid to Tabish by Binion "pre-overdose" and was legally Tabish's money. At trial Caramagno and Murphy's attorneys argued Binion's death was the result of a heroin and prescription pain pill overdose.

Assistant District Attorney Christopher Lalli, however, said, "That's Ted Binion's money and we're not going to release it."

The prosecutor said he would file a written response to Caramagno's motion, and District Judge Joseph Bonaventure said the issue would be decided at an Oct. 14 hearing.

Lalli added that because both Tabish and Murphy have appealed their convictions the issue should not be addressed until the appellate process has concluded.

Bonaventure, who presided over both the original and subsequent retrial of Tabish and Murphy, showed signs he may have gotten his fill of the case when he said, "I'm tired of these Tabish motions."

Caramagno was dismayed by Bonaventure's decision not to rule on the matter on Tuesday, and in a nod to the recent impasse over judicial nominations in the U.S. Senate he accused the judge of "filibustering."

The defense attorney said he was simply following Bonaventure's order to file a separate motion on the issue after Caramagno unsuccessfully attempted to have it heard as part of a recent hearing regarding Binion's estate.

On May 16 a lawyer for the Binion estate successfully requested to have property belonging to Ted Binion used as evidence at trial, namely the silver, turned over to the estate so it could properly be inventoried.

Bonaventure ruled the Binion estate could make an inventory of, but not sell, any of the silver for the next six months. The judge said during that time all parties who believed they had a stake in the assets could file motions with District Judge Michael Cherry, who is handling the probate case related to Binion's death.

Binion's family, Murphy, and Tabish's former brother-in-law all believe they have a claim to part of the Binion estate.