Judge delays arraignment

Tuesday, June 29, 1999 | 11:24 a.m.

Sandy Murphy and Rick Tabish were told today they will have to remain behind bars through the July 4 weekend on murder charges in the slaying of former Horseshoe Club executive Ted Binion.

Justice of the Peace Jennifer Togliatti put off their arraignment and bid for freedom until 9 a.m. July 7, as Chief Deputy District Attorney David Roger announced in court that he was reserving his right to seek the death penalty in the case.

Togliatti delayed the bail issue a week to give prosecutors and defense lawyers a chance to state their positions on bond in writing and voice any objections to her remaining on the case.

After today's half-hour hearing, Bill Terry, who represents Murphy, told the Sun he intends to ask next week that Murphy be released on her own recognizance. Roger reiterated his desire to fight to keep both Murphy and Tabish in jail while the well-publicized case proceeds to trial.

Togliatti, following a 45-minute meeting with both sides in her chambers, disclosed in court that she has asked defense attorneys to let her know whether they would like her to disqualify herself because of a potential conflict. District Attorney Stewart Bell, who has taken an active role in the Binion murder investigation, showed up for the private meeting as what he called an "interested party."

Togliatti acknowledged receiving a campaign contribution from the Horseshoe Club, but she said in court she had no relationship with the Binion family and did not intend to get off the case.

Defense attorneys told the new justice of the peace in court they did not expect to seek her removal.

Both Murphy, the 27-year-old girlfriend of Binion, and Tabish, a 34-year-old Montana contractor reported to be romantically linked to her, were present for today's half-hour hearing. They have been in jail since their widely reported arrests last Thursday in connection with Binion's Sept. 17 slaying.

Dressed in navy blue jail garb and chained to other prisoners, Murphy often smiled at members of the crowded courtroom gallery during the hearing. She once mouthed the words, "I love you" to her brother. Tabish kept a straight face and tried not to look at the horde of reporters and cameramen covering the hearing.

They each are facing murder, robbery, burglary and grand larceny charges in the plot to kill Binion and steal his assets.

Tabish also has been charged with kidnapping, assault and extortion in a scheme with two other men to torture a business partner into turning over his interests in a Jean sand pit. One of other men, Steven Lee Wadkins, has been released on a $25,000 bond. Bail for the other, John Bradford Joseph of Orange County, Calif., has been set at $100,000.

In court today, David Lee Mattsen, the last of the six suspects charged last week still at large, surrendered himself to authorities. Togliatti agreed to allow Mattsen to apply his $15,000 bail on criminal charges in Pahrump to the Las Vegas charges.

Mattsen, a former Binion ranch manager in Pahrump, and Michael David Milot are charged in the Sept. 19 attempted theft of Binion's silver fortune in Pahrump.

Milot and Mattsen were arrested with Tabish in Pahrump Sept. 19 after they allegedly had dug up $4 million in silver Binion had buried in an underground vault. The original theft charges were filed in Nye County, but they now have come under the jurisdiction of Clark County authorities investigating the murder.

At today's hearing, Steve Wolfson, who represents Tabish, asked to meet with Togliatti to discuss a request to hire an attorney at taxpayer expense to assist him in Tabish's defense. Togliatti agreed to sit down with Wolfson, Terry and Roger on Wednesday.

Tabish and Murphy previously have retained famed Harvard law professor Alan Dershowitz, who Terry said after the hearing still was in the picture as a defense-team member.

Outside the courthouse, meanwhile, Tony Sgro, who represents Wadkins, accused prosecutors of trying to pressure his client and others accused of lesser charges in the Binion case into cooperating against the two murder defendants.

Mattsen's lawyer, James "Bucky" Buchanan, previously has leveled the same allegations.

Last week police released a 109-page affidavit, signed by Metro Police homicide detective James Buczek that detailed the murder and robbery plot against Binion, the son of the late legendary Horseshoe Club founder, Benny Binion.

Murphy for the first time was linked by police in the affidavit to the silver theft, as well as the removal of valuables from Binion's Las Vegas home after his death.

The affidavit, used to persuade Togliatti to issue arrest warrants for the six suspects, said police have concluded that the death scene at Binion's 2408 Palomino Lane home was staged.

Murphy reported discovering Binion's body Sept. 17 next to an empty bottle of the prescription sedative Xanax. Drug tests conducted by the coroner later found lethal levels of Xanax and heroin in his stomach.