Louis Palazzo, Rick Tabish's attorney, said there was no evidence that his client was at the scene when Ted Binion died.

By Laura Barandes
Court TV

The lawyer representing murder defendant Rick Tabish asked for permission to beat his client about the head with a telephone book during closing arguments Tuesday.

"You want to beat the hell out of your client now?" a stunned Judge Joseph Bonaventure asked defense attorney Louis Palazzo.

"As hard as I can," Palazzo responded, eliciting nervous laughter from the courtroom.

Rick Tabish, who is accused with Sandy Murphy of killing casino mogul Ted Binion for his money, also faces separate charges that he tortured businessman Leo Casey into signing away his interest in the Jean Sand Pit.

Casey claims that on July 28, 1998, Tabish restrained him with thumbcuffs, stuck the blade of a knife under each fingernail, threatened to bury him alive and beat him severely with a telephone book. Casey said he finally agreed to confess to embezzlement and to sign over his share of the company to partner John Joseph.

Palazzo argued that the beating Casey described was so severe it would have been apparent to people who saw him soon afterwards. However, the prosecution could find no witnesses to testify that Casey appeared bruised, bleeding or even disheveled in the hours after the alleged assault.

Rick Tabish's parents sat through all of closing arguments Tuesday. (Court TV)

"There was nothing to indicate that there was evidence of a beating whatsoever," Palazzo told jurors.

During the trial, Palazzo surprised the court by having Casey come down from the witness stand to demonstrate with a phonebook how Tabish had beaten him. It seems that Palazzo wanted to go one step further Tuesday when he asked for permission to beat Tabish himself with the same prop.

"What is happening to this case, judge," said lead prosecutor David Roger, "is that it is turning into a circus, a hollywood drama." The judge ruled that Palazzo would not be allowed to give his unusual demonstration.

In the less dramatic portion of his closing argument, Palazzo argued that "heroin junkies overdose all the time...this is probably just drawing more attention because it is Ted Binion."

Echoing John Momot, who represents Murphy, Palazzo insisted that the state took a wrong turn when it decided not to prosecute Peter Sheridan, Binion's drug dealer. Sheridan admitted on the stand that he provided the millionaire with 12 balloons of tar heroin the day before he died.

Under Nevada law, if Binion died from drugs Sheridan supplied, the drug dealer could be charged with first degree murder. "How about having the benefit of a confession from Peter Sheridan," who escaped prosecution even though he was not formally granted immunity, noted Palazzo. "Doesn't that stink?"

Palazzo also addressed the charge that Tabish was stealing Binion's silver at 2 a.m. Sept. 19, 1998. The defense claims that Binion told Tabish to dig up the silver if he died. During cross-examination of Binion's divorce attorney, Palazzo was able to elicit testimony that the attorney was present when Binion made the request. "We have the benefit of Mr. Standish saying 'Yes, [Binion] did give the directives to Mr. Tabish even though I advised him not to,'" Palazzo told jurors.

The defense argued during its case that Tabish would never have thought he could steal 46,000 pounds of silver, using tons of heavy equipment bearing his company's name, from an underground vault located just off the main road in Pahrump, Nevada.

As Momot argued earlier, Palazzo said that the "Binion money machine" was responsible for unleashing private detective Tom Dillard into a deceitful investigation. Unrestrained by search warrants or other lawful guidelines, "[Dillard] is just on his own with no oversight," said Palazzo. "It's like being in Nazi Germany." Dillard never took the stand.

Most important, said Palazzo, "There is no evidence at all that Rick Tabish was present at the scene on Sept. 17, 1998," the day Binion died. Palazzo presented several alibi witnesses who testified that Tabish was at work during the time prosecutors say Binion was being drugged and smothered.

But Jason Frazer, a friend and business partner of Tabish, testified under a grant of immunity from the state that Tabish asked him to pay off alibi witnesses. The defense countered that Frazer was intimidated by prosecutors and that none of the people he allegedly contacted were listed on Palazzo's official notice for an alibi defense.

Palazzo concluded by telling jurors, "I would just urge you to spend time examining the evidence — we are entitled to the benefit of the doubt."

He also reminded the jury of the committment they had agreed to as early as jury selection. "You promised me at the early parts of the case," said Palazzo, "that you would be able to look [the prosecutors] in the eye and tell them they didn't prove the case." They will certainly remember Palazzo's theatrics.

Prosecutors will deliver their rebuttal Wednesday morning and then the judge will instruct jurors before they begin their deliberations.