Detectives conclude Binion drug overdose was staged

Friday, June 25, 1999 | 11:26 a.m.

Homicide detectives have concluded that Ted Binion's death scene at his Las Vegas home nine months ago was staged by his killers, according to a sworn police affidavit obtained by the Sun.

Binion, the 109-page affidavit theorizes, also was forced to either inhale or eat the fatal doses of heroin and the prescription sedative Xanax found in his stomach.

"It is affiant's considered opinion that the scene depicting Ted Binion's death was staged," homicide Detective James Buczek wrote in the affidavit. "It is clear to affiant that Ted Binion's killers positioned Binion's body in a manner that is inconsistent with the way decedents are normally found in similar situations."

Binion's girlfriend, Sandy Murphy, and her reported lover, Montana contractor Rick Tabish, were arrested late Thursday on murder charges in Binion's death.

Buczek said it was "very likely" that Binion's killers cleaned his body and the death scene before reporting his demise to police at 3:55 p.m. on Sept. 17.

His body, contrary to information put out by police early in the nine-month investigation, had "two fresh bruises" on his right side and back area that were caused by "recent blunt force trauma." Buczek said. Binion also had "postmortem" injuries to his knee, wrist and chest that could have occurred when his body was moved.

For the first time, Buczek provides details of the death scene in his affidavit.

He said Detective Pat Franks, one of the first to arrive at the scene, found Binion lying on his back on a mattress that covered a throw rug in the middle of his den. His arms were resting at the side of his body and his legs were straight and covered with a blanket.

The former gaming executive was clad only in an unbuttoned long-sleeve shirt and his underwear, Buczek said. Next to his body was a pair of jeans, a pair of "loafers," an empty bottle of Xanax, two disposable lighters, an opened package of cigarettes and a remote control.

In Binion's nearby bathroom, officers found heroin paraphernalia and a large knife with .03 grams of heroin on it.

Buczek said detectives ruled out the possibility of a drug overdose because there was no evidence of "purging" next to his body, an occurrence that is common in overdose cases.

Chief Medical Examiner Larry Simms, according to Buczek, concluded following an autopsy that Binion died between 5:30 a.m, when he was last seen by a neighbor's housekeeper, and noon on Sept. 17. Simms said there was a "great probability" that Binion died by 10 a.m.

Binion's body, though found on its back by police, had been lying on its right side for about four hours before detectives arrived at the scene, Buczek said. There was discoloring and abrasions near his mouth that could have been caused by chemicals or bodily fluids.

Simms concluded that Binion died within 1-2 hours after ingesting the drugs. No heroin was found in his lungs.

Buczek said all of the autopsy records were reviewed by Ellen Clark, a deputy medical examiner in Washoe County who came to the same conclusions as Simms.

"Dr. Clark observed that the abrasions on Ted Binion's face were consistent with the face having been rubbed or cleaned," Buczek said. "Also, Dr. Clark noted that the absence of purge on Ted Binion suggests that Binion's body was cleaned."

Clark determined that Binion's body was moved from a face-down to face-up position.

"Dr. Clark also recognized that ... pressure patterns on Binion's face might have occurred if Binion's face had been subjected to substantial blunt trauma in the form of sustained pressure," Buczek said.

When initially interviewed by police at Valley Hospital after Binion's death, Murphy denied providing Binion with any drugs and cleaning the crime scene, Buczek said.

At the time, Murphy was being treated at the hospital for what Buczek called an "apparent hysterical condition."

Murphy, who has refused to allow police to re-interview her, told detectives at the hospital that Binion was suicidal and had returned to using drugs after he lost his gaming license in May 1998.

She said she once saw Binion stick a gun in his mouth while under the influence of drugs, Buczek explained.

Murphy reported that Binion had awakened her in the middle of the night and asked her to watch him sleep because he feared he might be sick and have a seizure. She said she did that until he fell asleep and then left the house for a couple of hours.

When she returned, she said, she found Binion still sleeping and decided to sit on a nearby sofa and watch him.

After awhile, Murphy told detectives, she left the house again to run some errands and returned in the afternoon to find her boyfriend still sleeping.

Binion, she said, wouldn't wake up.

"I tried to make him breathe, but he wouldn't breathe," Murphy told detectives.

Murphy then telephoned police to report his death.