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Judge Frees Man Pending Extradition In 13-Year-Old Murder

May 2, 1988

SALT LAKE CITY (AP) _ A man charged with killing a Baltimore tavern owner 13 years ago was freed Monday on $10,000 bail pending extradition proceedings.

Despite Deputy Salt Lake County Attorney Bud Ellett’s objections, 3rd Circuit Judge Eleanor VanSciver told Daniel Eugene Binick he would be free pending arrival of a Maryland arrest warrant later in May.

Ellett argued that Binick’s surrender to the FBI last month was not as voluntary as it appeared.

Defense attorney Kendall Hatch countered that Binick’s surrender stemmed from his desire to clear up the Maryland charge. He emphasized that Binick, 40, maintains his innocence.

A friend of Binick’s, Nancy Lombard, said she was posting the $10,000.

″I have absolute faith in this man. I have no worry about him going anywhere,″ said Lombard, an acquaintance of nine years. ″He and his wife have helped an enormous number of people. I simply believe this is the time when someone should help him.″

Binick turned himself in to the FBI March 14, 12 years after he assumed the name of Jerry LeBaue.

″I’ve looked over my shoulder for 13 years on this charge and I was tired,″ he told VanSciver at a hearing last week.

Binick said his attorney had talked to the FBI 72 hours before he surrendered and if he had wanted to run he had plenty of chances to do so at that time.

A Maryland grand jury indicted Binick for murder in the March 5, 1975, slaying of Walter Seborowski, shot during a robbery of his tavern. The crime was widely publicized because Seborowski was a World War II hero who had escaped a prisoner-of-war camp.

Binick is married with two stepchildren. He has been active in Alcoholics Anonymous and other community work for a decade and friends have petitioned Gov. Norm Bangerter to intervene in his behalf.

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