Murphy: Binion planned to enter rehab

Thursday, July 15, 1999 | 11:26 a.m.

An emotional Sandy Murphy told Metro Police on the day Ted Binion died that her boyfriend had been struggling with drugs and planned to enter a rehabilitation program.

Murphy's statements are contained in an eight-page report filed by detective Pat Franks, one of the first officers to arrive at the scene of Binion's Sept. 17 death at his sprawling 2408 Palomino Lane home.

The Sun has obtained a copy of the report, which was among hundreds of pages of evidence prosecutors turned over to defense lawyers last week.

At the time the report was put together, police did not suspect Binion was the victim of a homicide.

Following a nine-month investigation by homicide detectives, however, the 27-year-old Murphy and her reported lover, Montana contractor Rick Tabish, were arrested June 24 on charges of murdering Binion.

Tabish remains in jail, but Murphy has posted $300,000 in bail and was released Thursday from the Clark County Detention Center.

She was escorted out of the county jail holding a white towel over her face. Murphy got into a waiting car which was expected to take her to a Green Valley apartment where she will stay under house arrest.

The death scene report, meanwhile, sheds more light on the circumstances surrounding Binion's demise and the likely defense Murphy and Tabish will present during their Aug. 16 preliminary hearing before Justice of the Peace Jennifer Togliatti.

Tabish supported her comments about Binion's stepped-up drug use, when he was questioned by Nye County sheriff's deputies after his Sept. 19 arrest in the attempted theft of $4 million in silver from Binion in Pahrump.

Franks said in the report that as he entered Binion's front door on Sept. 17, he saw fire department paramedics assisting Murphy, who was seated on the steps between the sunken living room and formal dining area. Murphy, he said, was "sobbing uncontrollably."

Earlier, Murphy had placed a 911 call to police in an "hysterical" voice, saying her "husband" wasn't breathing, police records obtained by the Sun show. The call was made at 3:55 p.m.

At the home, while police and crime scene experts examined Binion's half-dressed body, which was lying face up on the floor of a den, Murphy was telling investigators about Binion's drug problems.

Franks said Murphy explained that Binion was a "long-term drug abuser and was currently a heroin addict." She said he was "constantly hiding his stash of drugs" and that when she found them, she would throw them away.

"Due to Ms. Murphy's uncontrollable hysteria," Franks said, "she began choking and vomiting. Medical personnel were requested back at the scene, at which time she was transported to Valley Hospital where she was released."

Among those who visited Murphy at the hospital, records show, were Tabish, Binion neighbor, Janice Tanno, and Richard Wright, a lawyer for Binion's estate.

Detectives also went to see Murphy at the hospital, where Franks said she was interviewed again after she had calmed down.

In a recorded interview, Murphy told detectives that Binion had been "sick and using drugs ever since he lost his gaming license" and that "when he got f... up, he would put a gun in his mouth.

"She went on to say," Franks said, "that Ted was attempting to stop his drug abuse and was planning to enter a rehabilitation program."

Franks, meanwhile, described the death scene at the den, which homicide detectives later concluded had been staged.

"On the floor ... was a throw rug, which contained a blue-type mattress," he said. "The victim was lying face up on the mattress with his head pointing in a northerly direction and his arms and legs extending from his body, slightly apart. The victim was covered with a multi-colored comforter."

Franks said Binion was wearing "a pair of white Calvin Klein underwear briefs and a brown and white striped long-sleeve shirt that was unbuttoned."

The detective observed no bruises on Binion's body. But he said he saw a semi-circular red mark just below the center of his chest.

To the right of Binion, he said, were two disposable butane lighters, a pack of Vantage cigarettes, a TV remote and an empty bottle of the prescription sedative, Xanax, that he had obtained the day before. On Binion's left was a pair of brown pants and two pairs of "house-type loafers."

Near a connecting bathroom, detectives found what appeared to be drug paraphernalia, including balloons and aluminum foil used in smoking heroin. A knife that turned out to have heroine residue also was discovered.

Detectives also found several weapons in the home, including an illegal short-barreled shotgun that was impounded.

"The appearance of the residence ... was clean and neat," Franks said. "There were numerous items of value, which appeared to be in place and undisturbed. There were no signs of trauma or signs of a struggle around the victim's body, or throughout the house."

Before Binion's body was transported to a mortuary, authorities removed a "white metal ring with a clear stone" from the little finger on his left hand.

"At this point, there is insufficient information to determine if the victim accidentally over-medicated or if this was an intentional overdose," Franks reported.

Three weeks later, toxicology tests disclosed that Binion had lethal levels of both heroin and Xanax in his stomach, a development that heightened the suspicions of homicide detectives called in to investigate his death.

About that time, Homicide detective James Buczek requested a transcript and a tape-recorded copy of the 911 call from Murphy on Sept. 17.

"This information is needed for the investigation and prosecution of a homicide," Buczek wrote in an Oct. 8 interoffice memo.