Tabish, Murphy appeals argued

Lawyers for Rick Tabish and Sandy Murphy, the one-time lovers who were convicted and later acquitted of murdering Las Vegas casino owner Ted Binion, are still trying to clear their clients' criminal records.

Murphy, 35, already has regained her freedom after completing a prison sentence for helping steal Binion's $7 million silver stash. But attorney Michael Cristalli said that isn't enough.

"She's always been looking for complete vindication of all the criminal allegations against her relating to Ted Binion's death," the lawyer said Thursday.

Earlier in the day, Cristalli had urged the Nevada Supreme Court to overturn Murphy's convictions for conspiracy, burglary and grand larceny. Murphy, who now lives in California, did not attend the hearing in Las Vegas.

The state high court also heard arguments Thursday from Tabish attorney Michael Schwarz. Tabish, 42, is imprisoned at the Southern Desert Correctional Center, a medium-security facility in Indian Springs.

"My client is in prison right now largely, I believe, for crimes for which he was acquitted," Schwarz argued.

Murphy and Tabish were charged in 1999 with drugging and killing Binion in what authorities described as a plot to steal his silver and prevent him from cutting Murphy out of his will.

The two were convicted of murder and other charges in 2000 and sentenced to life in prison. But the convictions were overturned by the Nevada Supreme Court, and the two were acquitted of murder by a second jury in 2004.

However, jurors convicted Murphy and Tabish of charges related to the theft of Binion's silver. Tabish also was convicted of charges related to a 1998 extortion.

Cristalli argued that prosecutors presented insufficient evidence to support Murphy's convictions in the silver case.

Of 130 witnesses in the case, the lawyer said, only 10 gave testimony about the silver theft. He said jurors heard no evidence that Murphy knew the location of the vault containing Binion's silver or helped excavate it.

Cristalli argued that murder evidence in the case cannot be used to sustain Murphy's other convictions.

Chief Deputy District Attorney Steven Owens countered that Murphy's acquittal on the murder charge does not erase all the related evidence, such as testimony that Murphy was having an affair with Tabish behind Binion's back.

Schwarz argued that prosecutors are treating the murder acquittal as a technicality.

"It's not a mere technicality, and it changes everything," the lawyer said.

Justice Jim Hardesty questioned the evidence supporting the burglary charges in the case. Nevada law defines burglary as the entry into a room, building or vehicle with the intent to commit a felony.

"This was a substantial vault that one could actually physically go into," Owens said.

But Schwarz compared the vault to a safe.

"I don't know how you can have a burglary on a vault," he said.

The lawyer also argued that Clark County had no jurisdiction over the burglary charges because the incident occurred in Nye County. Prosecutors have said the conspiracy to steal the silver began in Clark County.

Hardesty heard the arguments with Justices Ron Parraguirre and Michael Douglas. The justices took the appeal under submission and did not say when they would rule.

Murphy's octogenarian benefactor William Fuller, who is paying her legal fees, attended the hearing but declined to comment afterward. Murphy served 41/2 years before her release.

"My whole position from the very inception has been that if you cannot convict her on the conspiracy to commit murder and the murder, then there will be insufficient evidence to sustain a conviction against her on the silver counts," Cristalli said after Thursday's hearing.

Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or (702) 383-0264.