Friday, April 30, 2004
Copyright © Las Vegas Review-Journal

TED BINION CASE: Inmate says pair innocent

Federal prosecutor informed Murphy, Tabish defense teams of new information

Sandy Murphy faces a new trial in October in the death of Ted Binion. REVIEW-JOURNAL FILE PHOTO

A state prison inmate has told federal authorities that Sandy Murphy and Rick Tabish did not kill Ted Binion, according to a letter written by a federal prosecutor in Los Angeles.

Assistant U.S. Attorney Mark A. Young sent the letter to Murphy and Tabish's defense attorneys in January. The Review-Journal obtained the document Thursday.

In the letter, Young said federal authorities have interviewed Nevada prison inmate Avery A. Church, 27, about Binion's death. Church told investigators he knows Murphy and Tabish were not involved in Binion's demise, Young said.

"During the course of an unrelated investigation, the United States has learned of potentially exculpatory information relating to your clients and their alleged role in the murder of Ted Binion," Young wrote in the letter.

"Specifically, the government has learned that an individual, Avery Church, has previously stated that he had personal knowledge that your clients did not participate in the murder of Mr. Binion," Young wrote. "Mr. Church also may have tape-recorded statements that might exculpate your clients. The government has never received a copy of these tapes or reviewed them."

The federal prosecutor offered no additional details about the specifics of the claims made by Church, who is serving a life sentence in the Nevada prison system for attempted murder.

But one of Murphy's attorneys, Michael Cristalli, has prepared a motion that is expected to be filed this morning in federal court in Las Vegas. The motion asks a judge or jury to compel the FBI and federal prosecutors to turn over any and all information relating to Church and the Binion case.

"What I can tell you is that this information is out there and the federal government has got it," Cristalli said. "The federal government has debriefed this individual."

Young could not be reached for comment at his Los Angeles office late Thursday night.

When contacted Thursday evening, Clark County prosecutor Christopher Lalli said he was unaware the federal government had even made any recent inquiries in the Binion case. Lalli said federal prosecutors never notified the Clark County district attorney's office about the claims made by Church.

"We have not been contacted by the federal authorities at all," Lalli said.

However, Lalli reiterated that prosecutors are confident Murphy and Tabish killed Binion, a former gaming executive.

"There is little doubt in our mind that we have the right people," Lalli said.

District Attorney David Roger said he was bothered that an assistant U.S. attorney did not contact his office about any newly uncovered information in the Binion case.

"It seems to me that if a law enforcement agency feels they are in possession of evidence that explains away a person's guilt, it is incumbent on them to immediately turn that information over to prosecutors," Roger said. "I am very bothered that this assistant U.S. attorney felt he had exculpatory evidence and decided not to provide it to the district attorney's office."

Murphy and Tabish are accused of killing Binion at his Las Vegas home in September 1998. Their trial is set for Oct. 11.

Murphy was Binion's live-in lover. Tabish was a friend of Binion's and had a secret affair with Murphy.

Prosecutors say they killed Binion in a plot to steal his riches. The defense maintains that Binion, a notorious drug abuser, died of an accidental or intentional drug overdose.

Tabish and Murphy were convicted of murder in 2000 and sentenced to life in prison, but their convictions were overturned last year by the Nevada Supreme Court.

Church's name previously has surfaced in the Binion case.

Just days after Binion died, Murphy went to the Gaming Control Board and claimed Binion's brother-in-law, Nick Behnen, once plotted to kill Binion.

Murphy told the Gaming Control Board that Church was one of three individuals who told her Behnen had asked them to kill Murphy and Binion in a robbery plot.

Murphy told the Gaming Control Board the other two individuals involved in the plot were Grover Chance LeSueur and Jimmy Walker.

Murphy said Behnen eventually found out that Church, LeSueur and Walker had alerted Murphy and Binion about the plot.

Murphy told the Gaming Control Board this prompted Behnen to kidnap LeSueur. She said Behnen then repeatedly called Binion and indicated he was holding LeSueur against his will.

"Hey Ted, pick up the (expletive) phone, this guy wants to tell you he wanted to rob you," a man Murphy identified as Behnen said on a audiotape Murphy provided to the Gaming Control Board.

Murphy said the conversation occurred just days prior to a drive-by shooting at Binion's home, which occurred June 4, 1997.

Behnen has never been charged with any wrongdoing in the Binion case. Nor has he ever been charged with any crime involving LeSueur. Behnen could not be reached for comment late Thursday.

Murphy and Behnen have been at odds for years. Prosecutors have previously said Murphy threatened to kill Behnen in 1996.

"She said he better keep his mouth shut or he'll find himself dead on the streets," according to a prior prosecution filing.

LeSueur died in Arizona of a drug overdose in 2001, according to an autopsy report.

Church is currently serving a sentence of five years to life at High Desert State Prison for attempted murder, robbery and kidnapping. The charges arise from the stabbing of a Las Vegas man in what authorities said was a botched drug deal.

Church has a lengthy criminal history that includes convictions for leading police on a 61-mile police chase to Mount Charleston. Police have described him in the past as a career criminal who has three separate arrests for battery on police officers. In addition, Church was acquitted by a jury of murder in another unrelated robbery case in 2001.

In his court motion, Cristalli said he has been told the FBI pulled Church out of High Desert in September 2003, and he was then moved to "a secret location in Southern California for questioning."

Young, the assistant U.S. attorney, sent the letter about the interviews with Church to Cristalli and Tabish's defense attorney, J. Tony Serra, on Jan. 15, 2004.

Serra and Cristalli then asked Young to hand over the contents of the Church interview and any other relevant information about the Binion case, but the U.S. attorney's office in Los Angeles refused to do so.

Cristalli said he believes Church has given the federal authorities information indicating "someone else may have been responsible for Ted Binion's demise."

Cristalli said his pursuit of the contents of the Church interview does not mean the defense team has changed its opinion of how Binion died.

"At this particular time we maintain the position we've always maintained: He died of an overdose," Cristalli said. "But the information we are getting from federal authorities is interesting, and we are obligated to take a closer look."

Roger said in his opinion, Murphy and Tabish could never abandon the drug overdose theory and admit that Binion was murdered because the state can show Murphy was at Binion's house at the time of his death.

"These defendants will never, ever acknowledge Ted Binion was murdered, so therefore none of this information is relevant," the district attorney said. "Once they acknowledge Ted Binion was murdered, they are in deep trouble. That is because Sandy Murphy was at the house during the time Ted Binion was murdered.

"There is also strong evidence to indicate Rick Tabish was at the house when Ted Binion was murdered, and they are the individuals who stole all of Ted Binion's belongings," Roger said.