Lawyers for Binion estate heighten inheritance battle

Monday, Dec. 21, 1998 | 11:04 a.m.

Lawyers for Ted Binion's multimillion-dollar estate plan to escalate an inheritance battle with Binion's girlfriend, Sandy Murphy, in the coming weeks.

Harry Claiborne, one of the lawyers, said Sunday that civil litigation will be pursued to get back a valuable coin and currency collection he believes Murphy took from Binion's Las Vegas home following his Sept. 17 death.

Claiborne estimated the collection, which contains dollar bills dating back to the Civil War, to be worth $300,000. At least $20,000 in cash Binion had at the 2408 Palomino Lane home also is missing, Claiborne said.

Claiborne said the estate will appeal Friday's ruling by District Judge Myron Leavitt awarding the 26-year-old Murphy the home and $300,000 in cash.

Binion originally had set aside those things for Murphy in his will, but another one of his lawyers, James J. Brown, had filed court papers contending that the former gaming executive telephoned him the day before he died and instructed him to remove Murphy from the will.

On Friday, Leavitt, who was elected last month to the Nevada Supreme Court, ruled the communication between Brown and Binion wasn't legally binding because Brown didn't change the will until after Binion's death.

"We were shocked to say the least," Claiborne said. "We believe that we acted within the law."

On Friday, one of Murphy's lawyers, Oscar Goodman, praised Leavitt's order.

"This was the only thing that makes common sense," he said. "You can't just with a phone call willy-nilly change a will. That's what they tried to do, and it hit them right between the eyes."

Claiborne, meanwhile, confirmed an earlier Sun report that nothing of value was found in Binion's safe at his home following his death.

Homicide detectives have been investigating the 55-year-old Binion's death the past three months. Murphy reported discovering his body Sept. 17 on the floor of his den next to an empty bottle of the prescription sedative, Xanax, that he had picked up the day before.

Police found no evidence of foul play at the scene, but drug tests later discovered lethal amounts of both Xanax and heroin in his system. Binion was a known heroin user, but he did not like to take both drugs at the same time.

Clark County Coroner Ron Flud has refused to classify the manner in which he died as a suicide or accident. Binion's death officially is listed as undetermined.

Less than 36 hours after Binion died, Montana contractor Rick Tabish, a Binion friend, was arrested with two others for allegedly trying to steal a fortune in silver Binion had buried in Pahrump.

Nye County sheriff's deputies making the arrests found evidence of a possible romantic relationship between Tabish and Murphy.

Both Tabish and Murphy, who were observed at a posh Beverly Hills hotel the weekend before Binion died, were at Binion's home the day before his death.

On the day before he died, Binion also telephoned private investigator Don Dibble and asked him to follow Murphy around town.

Another private investigator, Tom Dillard, who is working for the estate, has uncovered cellular-phone records that show Tabish called Murphy eight minutes before she telephoned police to report Binion's death.

Police so far have refused to say whether they have any suspects in Binion's death. But a high-level meeting with homicide detectives and the coroner took place earlier this month at the offices of District Attorney Stewart Bell.