Defense attacks creditability of witness in Binion murder case

Kiley Russell

Monday, Aug. 30, 1999 | 4:27 a.m.

The defense vigorously attacked the creditability Monday of a key prosecution witness who claims to have been tortured in a crime linked to the death of former gambling boss Ted Binion.

A defense attorney repeatedly fired questions at Leo Casey in an attempt to color him as a shifty businessman whose word ought not to be trusted.

On Friday, Casey took the witness stand to testify about how on July 28, 1998, Rick Tabish and another defendant, Steven Wadkins, tortured him until he agreed to sign over his ownership of mining equipment at a sand pit operation in Jean.

The 64-year-old Casey said that Tabish and Wadkins beat him repeatedly with a phone book, shoved a knife under his fingernails and threatened to bury him alive in a shallow grave if Casey didn't give up the equipment and sign a document admitting he embezzled money.

Casey said he signed the documents and left town the next day.

Tabish allegedly wanted to own the Jean pit and needed $500,000 to get into the operation. The prosecution says that provided a motive for Tabish to kill Binion and steal his fortune of silver bouillon buried in the desert.

The extortion scheme was supposedly cooked up by the pit's owner, John B. Joseph, who now faces charges along with Tabish and Wadkins.

On Monday, Joseph's attorney, C. Stanley Hunterton, retraced Casey's previous testimony, looking for opportunities to poke holes in it.

"Somebody stuck a five inch or six inch knife blade under your fingernails in July, 1998 and I don't see a thing," said an incredulous Hunterton, inspecting Casey's fingers for tell-tail scars from the alleged torture.

"How about your face, Mr. Casey," Hunterton pressed. "You say you sustained this beating for about one hour and 15 minutes and you didn't even have a fat lip to show for it?"

But Casey seemed undaunted by the barrage, answering the questions with short, terse responses and never backing off his original statements.

"I'd say that would be my testimony," he said.

Hunterton also questioned Casey about his business dealings with the Jean sand pit and other mining and equipment management companies in Nevada and Arizona.

According to Casey, Joseph agreed that Casey would work for a Joseph-owned company called Pacific West Aggregate. The agreement supposedly netted Casey a $3,000-a-week salary and half ownership of all the mining equipment.

Casey said Joseph also agreed to let him buy the equipment wholesale and sell it back at retail prices to Pacific West Aggregate. The money from those deals would go to pay off Casey's debts.

But Hunterton said that when Casey was allegedly forced to sign the hand written document confessing his embezzlement, he was admitting to the truth and that there was no agreement between he and Joseph.

Hunterton specifically pointed to a lease deal involving a piece of heavy machinery called a "cone crusher." He said company records show the first and last month's rent for the machinery amounted to $14,000, but that Casey "took $28,000.. and paid a $14,000 bill."

"You say appropriate, I say stole," Hunterton snapped.

But Casey insisted that Joseph knew the money would eventually go to pay off the debts.

"Where did you write it down?" Hunterton continued.

Casey said the records of the agreement were stored in files at his girlfriend's house - but when he fled town, the records were stolen.

Tabish and Binion's live-in girlfriend, Sandra Murphy, are charged with Binion's Sept. 17 murder.

Prosecutors believe he was either suffocated or forced to eat lethal amounts of heroin and the prescription drug Xanax. Defense attorneys are trying to portray Binion as a sick drug addict who overdosed.

The preliminary hearing continues Tuesday in Justice of the Peace Jennifer Togliatti's courtroom. After the hearing, Togliatti will decide if there is enough evidence for the defendants to stand trial.