Wednesday, November 03, 2004
Copyright © Las Vegas Review-Journal

BINION MURDER TRIAL: Bondsman tells about conversation

Witness testifies he heard Murphy, Tabish talk about bailing ranch manager out of jail

A bail bondsman testified Tuesday he once overheard slaying suspects Sandy Murphy and Rick Tabish talking about getting Ted Binion's ranch manager out of jail before he "talks."

The ranch manager, David Mattsen, was arrested with Tabish and another man, Michael Milot, as the three dug up Binion's silver in Nye County on Sept., 19, 1998 -- two days after Binion's death.

Prosecutors have always suspected Mattsen knows what happened to Binion on the day he died, but Mattsen has denied it, and he has refused to cooperate with authorities.

During the murder trial of Murphy and Tabish on Tuesday, Dario Costantino, owner of A Best Bail Bonds at the time, said after Tabish, Mattsen and Milot were arrested digging up the silver, Murphy showed up at his office on Sept. 20, 1998, with her attorney to secure bail for Tabish and Milot.

"She wanted to get them out," Costantino said. "She was pretty eager, pretty energetic to get these two out. She seemed upset just because she wanted to get the bonds."

The $100,000 bonds for Tabish and Milot were posted that evening, and the next day, Milot and Tabish showed up at Costantino's office to fill out paperwork. Murphy was with the two, and Costantino said he overheard the group talking about getting bail posted for Mattsen.

"We need to get this bond posted right away," Costantino said of the contents of the conversation. "We don't want David to talk. We don't want him talking in there." He didn't specify exactly who made the comments.

Prosecutors contend the testimony shows Murphy was engaged in a conspiracy with Tabish, and that it also shows Murphy knew what was going on between Tabish, Milot and Mattsen.

"Several of the charges are conspiracy," prosecutor Christopher Lalli told District Judge Joseph Bonaventure outside the jury's presence. "There's a meeting of the minds. They are talking."

Murphy's attorney, however, was furious about Costantino's testimony. Michael Cristalli said Costantino had never previously testified to hearing Murphy and Tabish talking about bailing Mattsen out, and Cristalli said prosecutors never disclosed that Costantino would testify to such a fact.

"I'm totally taken aback by what has gone on with this witness," Cristalli told the judge. "I'm getting sandbagged in regards to this information. That has never been disclosed in the past, and it should have been."

Lalli said prosecutors have complied with the law regarding the sharing of information about witnesses prior to trial.

Murphy and Tabish are each charged with murder, larceny and conspiracy in the death of Binion. Authorities say Murphy, Binion's live-in girlfriend, and Tabish, killed Binion to steal his millions.

Defense attorneys argue Binion died of a drug overdose. The two were convicted by a jury of murder and other charges in 2000, but the convictions were overturned by the Nevada Supreme Court last year on appeal.

Also in court Tuesday, prosecutors confirmed they have taken a statement from Tabish's ex-wife, Mary Jo Jackson. Although prosecutors wouldn't discuss the specifics of what Jackson has told authorities, District Attorney David Roger confirmed the information provided by Jackson has the potential to contradict Tabish's claims that he was at a North Las Vegas construction business on the morning of Binion's death.

Tabish's defense attorney, J. Tony Serra, said Jackson is in the process of trying to terminate Tabish's parental rights to his two children, and anything Jackson says is probably motivated by the dispute.

"She's trying to take his children. ... she's bitter, hateful, and spiteful toward him," Serra said.

In addition, an officer who was involved in the apprehension of Tabish, Milot and Mattsen at the site of Binion's silver vault in Nye County described the arrests. Steve Huggins, who has since retired from the Nye County Sheriff's Office, said Tabish denied stealing the silver.

Huggins said Tabish claimed Binion ordered him to dig up the silver and secure it in the event of his death.

Tabish also told Huggins he had talked to then-Nye County Sheriff Wade Lieseke Jr. to notify him he was going to be digging up the silver.

"He advised me he was going to compensate him (Lieseke) to the tune of $100,000," Huggins said.