Private investigator refused to be served
Defense attorney J. Tony Serra, representing Rick Tabish, said during a Sept. 10
evidentiary hearing that he was flabbergasted about private investigator Tom
Dillard's unprofessional behavior outside a courtroom.
Dillard, a private investigator and former homicide cop, was the chief
investigator in the case against Tabish and Sandy Murphy in casino heir Ted
Binion's 1998 death. They were convicted, but the verdicts were overturned. A
second trial is scheduled for October.
During the latest hearing, Dillard said he was willing to hand over documents
from his files. Serra told Dillard he could expect to be served with a subpoena.
As Dillard stepped out of the courtroom, that's exactly what happened. But
Dillard, according to a witness, threw the subpoena to the ground, hung on to a
$26 check to cover his time, then stomped off.
"How dare he throw it to the ground," Serra told Judge Joseph Bonaventure. "He's
served."
Cindy Speigle, an officer at the High Desert State Prison, who accompanied
Tabish to court, told the judge: "Here's what I saw. Mr. Dillard was extremely
rude. He said, 'You can't serve me like this.' He picked up the check. He threw
down the subpoena. I was dumbfounded."
Witness says money used for favorable testimony
A witness in the recent Binion evidentiary hearing, requested by Murphy and
Tabish's attorneys, seemed to corroborate allegations that reward money offered
by Binion's estate appeared to be in exchange for favorable testimony for the
prosecution.
Key witness Kurt Gratzer said under oath that he was told by prosecutor David
Wall that there would be $10,000 for him if he "cooperated fully." The
prosecutors have publicly said the reward money was not offered until after the
trial, but Gratzer said otherwise.
"[Wall] threw out a figure. It was several days prior to the preliminary
hearing," Gratzer recently testified. "He said I stood to gain a substantial
amount of money.
"He said I was a shoe-in to gain $10,000 in reward money and asked if that would
make me feel more comfortable in testifying. I'd have to cooperate fully and I
would have to use those names [Murphy and Tabish]."
After the trial, Gratzer was given a $20,000 reward from the estate. He was also
given expense money before and during the trial to be in town to testify. Once,
he said, he received $3,000. That included the prosecution paying a $1,200 phone
bill Gratzer had racked up at his hotel. Former District Attorney Stewart Bell
at the time said it was just a few hundred dollars.
Also at issue during the latest hearing was a large payment -- between $22,000
and $35,000 -- made to Gratzer's criminal attorney by Murphy's former defense
team.
"You will go whatever way the money flows, isn't that a fact, sir?" Serra asked
Gratzer.
"No," Gratzer said.
Also, private investigator Tom Dillard testified that he had made
recommendations to Harry Claiborne -- the lead attorney for the Binion estate --
as to who would get a reward. "My recommendations weren't followed," Dillard
said several times during the hearing.
That's not exactly accurate. In fact, at least one of the private investigator's
recommendations was followed, that of Mary Montoya, Binion's housekeeper, who
ended up receiving $10,000.
Dillard also admitted that during his tenure as a homicide detective with Metro
he had never before seen a reward of $100,000. Secret Witness does offer
rewards, he said. The standard Secret Witness reward is $1,000, according to
Metro's Secret Witness program information.
Charges against Gratzer mysteriously disappeared
While much has been said in recent weeks about the late Harry Claiborne, because
of his role with the Binion trial reward money, an interesting piece of the
puzzle has so far been omitted.
Before prosecution witness Kurt Gratzer was to be tried in Montana on drug
charges, his case was suddenly dismissed.
Gratzer confirmed as much during the Sept. 10 evidentiary hearing when he told a
defense attorney under questioning, "My charges were dismissed and I didn't know
why."
A source close to Gratzer's criminal case in Montana said it was Claiborne --
the Binion family's longtime lawyer -- who made the case disappear.
"Claiborne went to Missoula, talked to the district attorney's office there, and
the case went away," a source said.
Claiborne, the first federal judge to be sent to prison, committed suicide in
January. President Jimmy Carter appointed Claiborne to the federal bench in
1978. In 1984 Claiborne was indicted on bribery, fraud and tax evasion charges
and was impeached two years later. He served 17 months in prison.
Feds question Ely inmates about mysterious letters
Federal and state investigators have questioned Nevada prison inmates, only to
learn they had nothing to do with the recent sending of booby-trapped letters
meant to catch fire. At least 15 governors received them.
The letters had return addresses from Ely State Prison, a maximum-security
facility in Northern Nevada. In three cases, a match inside the envelopes flared
when the letters were opened.
CATHY SCOTT IS A LAS VEGAS-BASED CRIME WRITER AND AUTHOR OF THE KILLING OF TUPAC
SHAKUR AND DEATH IN THE DESERT.