Preliminary hearing in Binion theft case delayed

Thursday, March 18, 1999 | 11:23 a.m.

Those anticipating a showdown in Pahrump Justice Court on Friday in the criminal case involving the attempt to steal Ted Binion's silver fortune will have to wait another five months.

Justice of the Peace Margaret Tsafos on Wednesday notified both sides that she has postponed a preliminary hearing for three defendants charged with digging up and trying to haul away as much as $4 million in silver from Binion less than 36 hours after his Sept. 17 murder.

Tsafos re-scheduled the hearing, which will determine whether the defendants should stand trial, for Aug. 16.

"I'm disappointed we couldn't get this matter under way toward the goal of exonerating these clients," said Las Vegas defense attorney Louis Palazzo, who represents Montana contractor Rick Tabish, one of the defendants.

Palazzo said he has plenty of witnesses who can testify that there was no criminal intent on the part of his client.

Nye County Deputy District Attorney Kirk Vitto said the August date was the "absolute earliest time" the matter could be heard because of the judge's crowded courtroom calender.

Vitto said Tsafos told him she knew the hearing would last more than one day, and she didn't want to conduct it by "piecemeal."

Both sides had subpoenaed about 20 witnesses, including Nye County Sheriff Wade Lieseke and Las Vegas attorney Richard Wright, who represents Binion's $30 million estate.

Tabish and two other men -- David Mattsen and Michael Milot -- are charged with burglary, grand larceny, attempted grand larceny, attempted embezzlement and conspiracy to commit grand larceny.

The three men were arrested by Nye County sheriff's deputies about 3 a.m. Sept. 19 after they allegedly had transferred the fortune in silver coins and bars from an underground vault to a large dump truck. All of the silver was recovered by deputies.

Tabish, a two-time convicted felon who had befriended Binion, has been romantically linked to Binion's girlfriend, 27-year-old Sandy Murphy. The Montana man had built the vault on property Binion owned in the heart of downtown Pahrump. The treasure was hauled there from the Horseshoe Club in July after Binion lost his gaming license and gave up his interests in the downtown hotel-casino because of drug use and ties to organized crime figures.

Tabish has insisted he dug up the silver at Binion's request.

But Wright has called Tabish's story "ludicrous," saying Tabish never bothered to inform the Binion family of his plans to remove the silver.

Lieseke had been subpoenaed by defense lawyers who contend Tabish had informed the sheriff of his plans to dig up the silver. But Lieseke called Tabish's claim a ruse and part of an effort to set up an alibi for himself.

Last month, Metro Police executed search warrants at a Green Valley apartment shared by Tabish and Murphy and businesses that Tabish owns in Las Vegas and Montana. A map of Binion's Pahrump ranch was found in the search.

This week, Clark County Coroner Ron Flud formally declared Binion's death a homicide. This came as Binion's estate raised its reward from $25,000 to $100,000 for information leading to the arrest and conviction of anyone involved in Binion's slaying.

Binion's body was discovered by Murphy at his Las Vegas home. Drug tests found lethal levels of both heroin and the prescription sedative, Xanax, in his system.