Information from witness erases Tabish alibi, DA says

A prosecutor filed court papers late Tuesday confirming that a Montana man has described in detail an alleged plot by murder defendant Rick Tabish to pay witnesses to provide him with an alibi on the day of Ted Binion's slaying.

Chief Deputy District Attorney David Roger said Jason Lee Frazier, a 28-year-old Tabish friend and business associate, has given prosecutors a windfall of information in his videotaped statement in Missoula, Mont.

"Frazier has provided crucial information that will eliminate Rick Tabish's alibi for the day of Ted Binion's murder," Roger wrote.

At Roger's request, District Judge Joseph Bonaventure Tuesday ordered Frazier to post a $1 million bond when he returns to Las Vegas next week. Frazier currently is being held without bail in Missoula on a warrant seeking him as a material witness at the March 13 Binion murder trial.

The $1 million bail was set in Las Vegas because Roger expressed a fear that Frazier might flee the country even though he has agreed to testify against Tabish at the trial and has been promised he won't be prosecuted for his role in the alleged bribery plot.

"Frazier stated that he was concerned that law enforcement was going to contact him about the alleged alibi witnesses," Roger said. "As a result, Frazier stated that he was going to be leaving Montana to attend Mardi Gras (in New Orleans).

"Thereafter, Frazier stated that his plan was to monitor Rick Tabish's murder trial through the news media. Thereafter, if necessary, Frazier planned to leave the country to avoid testifying at Tabish's trial."

Roger said Frazier has "implicated several people" in the reported payoff scheme.

On Tuesday, Tabish's attorney, Louis Palazzo, said he doubted whether there was any bribery conspiracy, and he accused Roger of using a "heavy hand" in the well-publicized case.

"This is designed to do nothing more than create a chilling effect on potential witnesses," he said. "The timing is very peculiar and suspicious."

The bribery investigation was launched in August 1999 after Frazier's wife, Bobbi, gave Missoula police hand-written notes she had found in his briefcase, Las Vegas homicide detective James Buczek said in an affidavit.

"It was readily apparent to your affiant that these notes are notes outlining a false alibi for Richard Tabish," Buczek said. "Also, the notes reflect that the alibi witnesses were to be paid for their testimony."

One of the notes, written on Rio hotel-casino stationery, said, "Three guys, $2,000 up front. The rest the day after they take the stand -- $4,000 later."

Another note, dated Aug. 12, read "Roger and Marty will be here tomorrow night. Final prep and it is done."

Buczek said he believed the two men on that note were Martin A. Frye and Roger M. Davis, who are expected to testify for Tabish at the trial.

Palazzo filed notice last week that Tabish intends to use an alibi defense at his upcoming trial. A total of 10 witnesses were listed as being able to account for Tabish's whereabouts on Sept. 17, 1998, the day Binion was murdered.

Tabish and his reported lover, Sandy Murphy, are charged with pumping Binion with drugs and suffocating him that day at his 2408 Palomino Lane home.

In his papers, Palazzo did not name Frye and Davis as alibi witnesses. But he listed seven other people, including Steve Wadkins and Michael Milot, two co-defendants charged with crimes related to Binion's murder, who would testify that Tabish was at All Star Transit Mix in North Las Vegas from 8 a.m. until 12:30 p.m. on the day of Binion's death. Prosecutors believe Binion was killed between 9 a.m. and 10 a.m.

At least one reported alibi witness, Michael P. Gary, an All Star Transit Mix employee, is named on Frazier's notes as being slated to receive a payoff. All Star is owned by Wadkins.

Police had obtained court permission to conduct wiretaps in August and September during the probe, as Justice of the Peace Jennifer Togliatti conducted a lengthy preliminary hearing in the murder case.

Jeff German is the Sun's senior investigative reporter. Reach him at german@ lasvegassun.com or 259-4067.

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