Wednesday, March 10, 2004
Copyright © Las Vegas Review-Journal

Tabish's helper stealing silver mentioned as slaying suspect

Michael Milot Caught digging up millions of dollars in silver Ted Binion buried in Pahrump

One of the men caught stealing Ted Binion's silver fortune is being investigated as a potential suspect in Binion's death, according to court proceedings Tuesday.

"He is aware that there is a potential murder charge ... however remote that possibility may be," said attorney Anthony Goldstein, who was appointed by a judge to consult with Michael Milot over the matter.

Milot was working for Rick Tabish when Binion, a former gaming executive, died in September 1998.

Two days after Binion's body was found, Milot and Tabish were among those caught digging up millions of dollars in silver Binion had buried in a vault in Pahrump.

Milot was never charged in Binion's death. Tabish and Binion's girlfriend, Sandy Murphy, were found guilty of murder. Their convictions were overturned and they are awaiting trial.

On Tuesday, prosecutors told District Judge Joseph Bonaventure they have new information that could incriminate Milot.

Prosecutors Christopher Lalli and Robert Daskas would not discuss details of the new information.

"There could be additional criminal liability against Milot or there may not be," Lalli said. "We are led to pursue this, but we don't know if there will ever be any charges."

Milot's former attorney, Tony Sgro, said Milot is aware he again is the subject of an investigation stemming from the Binion case.

"He feels like he's already been through this once, and he doesn't understand how and why his name has to be tarnished again," Sgro said.

In connection with the silver theft, Milot was ordered to pay a $2,000 fine after pleading no contest to conspiracy to commit grand larceny, a gross misdemeanor.

Tuesday's hearing was convened because prosecutors object that Sgro now represents Tabish. Prosecutors say that conflicts with the lawyer's prior representation of Milot. Sgro said there is no conflict.

In asking Bonaventure to order Sgro off the case, prosecutors revealed the existence of the new information. They asked Bonaventure to review details of that information under seal so he could consider it in deciding whether Sgro should be allowed to represent Tabish.

"We received information that may incriminate Milot and which may heighten the conflict," Daskas said.

Lalli told the judge, "We are sternly opposed to this information being disclosed at this time."

Bonaventure declined the request to seal the documents.

"I don't know why we have to fool with this secret stuff," the judge said. "This really bothers me."

Bonaventure said if prosecutors gave him the information to review, he could not assure them that attorneys for Tabish and Milot would not be allowed to see it.

Prosecutors then indicated they would not file the information with the judge, instead keeping it to themselves.

"There is a long history of witness intimidation in this case," Lalli said.

Sgro and Goldstein both said they didn't know the specifics of the new information.

"The only thing we know is it is potential witness testimony, as opposed to forensic science," Sgro said. "Things that people are telling them."

Of the new information, Sgro speculated that it is "someone, somewhere at some point said Milot was around Tabish in some relevant time frame."

Sgro said police already conducted an extensive investigation into Binion's death. That investigation yielded no evidence Milot was involved in the death, Sgro said.

For that reason, he said, any new information a witness provides so late in the investigation should be viewed with skepticism.

"Who is the person who had this epiphany and now all of the sudden realized they left Mike Milot's name out?" Sgro said.

Also, Sgro said prosecutors would contradict their prior case theory if they tried to cast Milot as a suspect in Binion's death.

Prosecutors have contended that Tabish and Murphy were lovers who suffocated Binion after incapacitating him with drugs. Defense attorneys have said Binion, a notorious drug addict, overdosed.

"If they are going to talk about a new suspect, that changes the case from trial one to trial two," Sgro said. "That is relevant to Rick Tabish in terms of a changing theory."

Milot, like Tabish a native of Montana, worked for Tabish's trucking company.

Prosecutors contended he knowingly tried to help Tabish steal Binion's buried silver.

In a 2000 interview, Sgro said Milot thought he was simply helping his boss complete a legitimate task.