Murphy, Tabish declared ‘indigent’

Wednesday, Dec. 29, 1999 | 11:24 a.m.

The two people charged with killing Ted Binion can receive up to $40,000 in taxpayer money for legal expenses, even though they both have private attorneys, a judge has ruled.

In separate orders quietly handed down earlier this month, District Judge Joseph Bonaventure said he found that both Sandy Murphy and Rick Tabish were "indigent" and had a right to as much as $20,000 each in taxpayer funds.

Murphy, 27, and Tabish, 34, are charged with killing Binion in September 1998 and stealing his valuables, including cash and a $300,000 collection of rare coins and currency. The cash and the collection still are missing. Both defendants are scheduled to stand trial in Bonaventure's courtroom on March 13.

Bonaventure issued his orders as a result of a December 1998 Nevada Supreme Court decision that found that criminal defendants who have private lawyers are "entitled to reasonable defense services at public expense" if they can show they are indigent and have a need for the services.

Chief Deputy District Attorney David Roger, the lead prosecutor in the Binion murder case, was informed before the judge's rulings.

In a two-page Dec. 20 order obtained by the Sun, Bonaventure said Murphy's legal fees to her attorney, John Momot, were being paid by a third party and that she was eligible for the public assistance.

Momot said Tuesday that Murphy has "no funds of her own."

Bonaventure did not identify the third party in his order, and Momot declined to name the person.

But it is believed to be William Fuller, an 81-year-old Irish-born mining executive who posted her $300,000 bail in July.

Fuller, who was spotted with Murphy shopping at the trendy Fashion Show Mall on Christmas Eve, testified during the bail hearings that he had previously given Murphy "pocket money" and had loaned her $125,000 to pay one of her former lawyers, Las Vegas Mayor Oscar Goodman. Murphy, who is under house arrest, had obtained permission from jail officials to go shopping.

On Dec. 22 Bonaventure issued a two-page order declaring Tabish, the son of a wealthy Montana businessman "personally indigent." He said he made his decision after meeting behind closed doors with Tabish's lawyers, Louis Palazzo and Robert Murdock.

Bonaventure also secretly questioned Palazzo and Murdock about a possible movie deal between Tabish and reputed underworld figure Joseph Cusumano and found that both attorneys were acting properly. The Sun has reported that Cusumano may have offered Tabish assistance with his legal fees in return for a piece of his movie rights.

Tabish's father, Frank Tabish, has said he was paying for part of his son's legal costs.

At last August's preliminary hearing for Murphy and Tabish, prosecutors alleged that both defendants, who are reported to be lovers, had financial motives to kill the 55-year-old Binion, a former casino executive worth more than $50 million.

Tabish was more than $900,000 in debt and needed access to Binion's wealth to keep open a Jean sand pit he had just taken over, prosecutors charged. Murphy, who was Binion's live-in girlfriend, was hoping to receive a $900,000 life insurance premium and her inheritance, Binion's $900,000 home, its contents and $300,000 in cash.

Prior to the gambling figure's death, prosecutors said, both defendants bragged about gaining access to his wealth.

According to a sworn police affidavit, Murphy told a clothing salesman 10 days before Binion's death that she hoped to obtain $2 million from a separation agreement with Binion. She also boasted that she had $4 million in the bank.

While Murphy was at the Clark County Detention Center following her June 24 arrest, she reportedly told an official there that she would be able to make bail no matter what the amount.

Prosecutors also have alleged that Murphy and Tabish went on romantic trysts at posh Beverly Hills hotels while they schemed to kill Binion. Records show they stayed at the Peninsula Hotel the weekend before Binion's death and ordered massages together.

In court proceedings this month, lawyers for both defendants complained about being flooded with documents from the prosecution. More than 27,000 pages of documents already have been turned over to the attorneys.

Some of the public money is expected to be used for copying expenses.

In both orders, Bonaventure said the state will have to pay for the court costs of Murphy and Tabish dating back to Nov. 15.

Bonaventure said Momot could come back to him in the future "upon good cause" and ask for additional taxpayer help.