Saturday, August 21, 2004
Copyright © Las Vegas Review-Journal

BINION MURDER RETRIAL: Prosecutors cleared

Allegations of misconduct have `no merit whatsoever,' judge says

During a preliminary hearing Friday in District Judge Joseph Bonaventure's court, Sandy Murphy laughs as a prosecutor says that Ted Binion was a safe heroin user. Photo by Jeff Scheid. Rick Tabish, accused of the murder of Ted Binion, listens as dozens of motions concerning his retrial are argued Friday in District Court. Photo by Gary Thompson.

A judge dismissed accusations Friday that prosecutors in the Ted Binion murder case engaged in misconduct.

The decision by District Judge Joseph Bonaventure came during a hearing that also served as a primer for the upcoming trial of Binion's accused killers, Sandy Murphy and Rick Tabish.

Despite the ruling by Bonaventure, defense attorneys and Murphy expressed confidence they will eventually win the case.

"I'm going to be exonerated, and I'm going to restore my good name," Murphy said as she walked out of the Clark County Courthouse.

Murphy and Tabish are charged with murder and robbery in the death of Binion, a former gaming executive found dead in his Palomino Road home in September 1998. Prosecutors say Tabish and Murphy, Binion's live-in girlfriend, killed him in a plot to steal his fortune.

A jury convicted Tabish and Murphy of murder in 2000, and jurors later sentenced each to life in prison. In July 2003, the Nevada Supreme Court overturned the convictions, and a retrial is scheduled for October.

In court Friday, Bonaventure had a day-long hearing that probed into a series of pretrial motions filed by defense attorneys and prosecutors.

One of the motions involved accusations by Murphy's defense team that District Attorney David Roger and prosecutor David Wall, now a district court judge, engaged in misconduct and a cover-up during the defendants' first trial.

Specifically, the two men were accused of telling an important witness in the case, Kurt Gratzer, to keep quiet about claims that Murphy knew nothing of Binion's death. Murphy's attorneys asked Bonaventure Friday to dismiss the charges against Murphy as a result of the alleged transgression.

Also, defense attorney William Cohan of San Diego told the judge prosecutors provided defense attorneys with fabricated phone records of another witness; that they failed to memorialize notes from meetings with a coroner's office investigator; and that Wall hinted to Gratzer that he would be eligible for reward money from the Binion estate if he testified the way prosecutors and police wanted him to.

Roger and Wall have adamantly denied any misconduct, and Bonaventure rejected the accusations.

"You are saying a district attorney, a judge ... they are prominent people ... are liars," Bonaventure said. "That's a very serious allegation."

"It offends me," the judge said, adding the misconduct accusations have "no merit whatsoever."

But Murphy and Tabish's defense attorneys were able to claim some victories during Friday's court proceedings. Most notably, Bonaventure appears to be taking very seriously a request to bar a key piece of evidence against Murphy.

During the first trial, Binion estate attorney James Brown testified that Binion called him the day before he died with an ominous message.

"Take Sandy out of the will, if she doesn't kill me tonight. If I'm dead, you'll know what happened," Brown quoted Binion as saying.

In overturning the defendants' first conviction, the Supreme Court said Bonaventure should have given an instruction to the jury advising them on how much weight the statement should be given as potential evidence.

Murphy's defense attorney, Michael Cristalli, told Bonaventure Friday the statement is highly prejudicial and should be barred as evidence. Clark County prosecutor Robert Daskas, however, said the Supreme Court never said the statement couldn't be used as evidence. Justices said when a jury considers the statement, they should be advised as to what evidentiary value it should be given.

Bonaventure said he will make a decision later on whether to allow the jury to hear the statement. The decision might not be made until well into the second trial.

In addition, Bonaventure granted defense requests for an evidentiary hearing in two weeks to examine how a shirt Binion was wearing at the time of his death was lost.

Prosecutors said that because Binion's death was not originally believed to be a murder, the coroner's office simply did not keep the shirt.

Also, the September evidentiary hearing will examine whether any witnesses in the case were influenced by the payment of $100,000 in reward money to witnesses and others who aided authorities during the first prosecution.

Tabish defense attorney J. Tony Serra said the payment of the money is suspect because it might have corrupted trial testimony of some witnesses.

"It stinks," Serra said.