Rick Tabish's sworn statement of what happened when he was discovered digging up Ted Binion's silver.

DCLR
T. LOUIS PALAZZO, ESQ.
Nevada Bar No. 4128
ROBERT E. MURDOCK, ESQ.
Nevada Bar No. 4013
MURDOCK & PALAZZO, CHTD.
520 S. Fourth Street, 2nd floor
Las Vegas, Nevada 89101
(702) 384-5563
Attorney for Defendant, TABISH

DISTRICT COURT

CLARK COUNTY, NEVADA

I, RICHARD BENNETT TABISH, being first duly sworn, upon oath, hereby declare the following:

At approximately 8:00 p.m. on September 18, 1998, the day after Ted Binion died, Mike Milot and David Mattson were helping me excavate sliver that had been previously stored in Pahrump. Ted Binion had directed me to excavate the silver if anything happened to him, since I had helped build and bury the vault and was provided the vault combination. On September 18, 1998, after learning how Jim Brown and others were ransacking and removing items from Ted and Sandy's house, I sought to arrange the excavation as Ted had previously requested of me.

As were were securing the machinery, a person I later identified to be Deputy Howard approached us on the property.

Deputy Howard asked me if he could climb up and look into the trailer. I told him he should call Sheriff Lieseke, as he previously had been informed of the nature and purpose of my presence, and had authorized us to be at the property. Deputy Howard insisted, and I told them there was nothing in there he needed to see, but if he really wanted to see what was in the trailer, he should try to get a search warrant.

Despite my continued urging that Deputy Howard call Sheriff Lieseke, Deputy Howard told another deputy to look into the trailer, and also later himself got up onto the trailer, climbed up the ladder, pushed the tarp open and looked down into the trailer.

At no time did I ever give consent to Officer Howard, or anyone else for that matter, to allow anyone to climb onto the trailer, push open the tarp and look inside.

Further I sayeth naught.

_________________________
RICHARD BENNETT TABISH

SUBSCRIBED and SWORN to before
this 21st day of January 2000.

SHANNON GEARING
Notary Public - Nevada
No. 98-4275-1
My appt. exp. Feb. 1, 2002

____________________________
NOTARY PUBLIC In and for said
COUNTY and STATE