Tabish relative cites claim to silver coins
Tuesday, May 17, 2005 | 10 a.m.
Rick Tabish's former brother-in-law believes he is entitled to the silver coins Tabish used as collateral for a loan for his legal defense, his attorney said Monday.
Dennis Rehbein's attorney, Trevor Hatfield, said there is no evidence to support that the silver coin collection Tabish gave him as collateral for a $25,000 loan was illegally obtained by Tabish and should be returned to Rehbein.
At trial Rehbein, the brother of Tabish's ex-wife Mary Jo Jackson, said on Nov. 1, 1998, Tabish first showed him an inventory list of silver coins before later giving him the coins when he was unable to repay Rehbein the $25,000 loan within the 30-day period they had agreed to.
Prosecutors had alleged the silver coins were stolen from Ted Binion's home after the millionaire member of the pioneer gaming family died. Tabish and Sandy Murphy were convicted of murder and robbery of Binion's home, but in a retrial a Clark County jury acquitted them of the charges of murder and robbing Binion's home.
The jury did find the duo guilty of conspiring to commit burglary 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.
Hatfield said it was only the Ted Binion estate's "opinion" that the coins were stolen from Binion's home by Tabish and Murphy. He said because the jury had acquitted Tabish and Murphy on charges they stole property from Binion's home, the coins in question should not be considered stolen property.
Hatfield's request came as part of the Binion estate attorney's, Bruce Judd, successful request 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.
District Judge Joseph Bonaventure seemed shocked at Hatfield's request as he asked Hatfield how Rehbein could make a claim to "ill gotten goods."
Bonaventure ruled the Binion estate could make an inventory of but not sell any of the silver for the next six months, during which all interested parties, including Rehbein could file motions with District Judge Michael Cherry who is handling the probate case related to Binion's death.
Murphy was willed Binion's 2408 Palomino Lane home, its contents and $300,000 in cash, but the Nevada Supreme Court ruled she was not entitled to the inheritance because of her original conviction.
Until the Nevada Supreme Court rules on Murphy and Tabish's appeal of their silver theft convictions the probate case hangs in limbo.
Binion's estate was estimated to be worth $55 million in 2001.
Another issue that might not be resolved until after the appeal will be $3,100 in $100 bills Nye County sheriff's deputies took from Tabish when he was arrested unearthing Binion's silver from his vault in Pahrump.
Tabish's attorney, Joe Caramagno, had hoped Bonaventure would rule on the issue on Monday, but the judge said the defense attorney had not properly filed a motion to address the matter.
Caramagno said since the jury acquitted Tabish and Murphy of stealing property from Binion's home, the cash should be returned to Tabish, its rightful owner.
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