Murphy battles for control of videotape

Wednesday, March 31, 1999 | 11:13 a.m.

A videotape showing the inside of Ted Binion's home the day after his Sept. 17 murder has become the subject of another dispute between his girlfriend, Sandy Murphy, and his estate.

Murphy's lawyer, David Chesnoff, was in District Court today fighting to not turn over the tape, which is in his possession.

Chesnoff and other Murphy lawyers had asked District Judge Michael Cherry to block Binion's $30 million estate from forcing Murphy to give up the tape. They contended in court documents that it's part of their work product and, if turned over, it could violate Murphy's Fifth Amendment right against self-incrimination.

The estate has been working closely with homicide detectives investigating Binion's death. Murphy, reported to be a target of the probe, took the Fifth Amendment more than 200 times during a court hearing in the estate case earlier this year when asked about valuables missing from Binion's home.

Cherry today said he wanted to view the tape before deciding whether to give the estate a copy. He set another hearing for next Tuesday.

The tape was made by Murphy's civil lawyer, William Knudson, on the afternoon of Sept. 18 to leave a record of the contents inside the gaming executive's $900,000 home.

It was made, sources said, after Binion's safe was cleaned out of valuables, including a $300,000 collection of rare currency.

Murphy, who was living with Binion at the time of his death, stands to receive the home, its contents and $300,000 in cash. But her inheritance is threatened by the homicide investigation and her reluctance to help the estate gather the missing assets for an accounting to Cherry.

Attorney James J. Brown, who represents Binion's brother, Jack Binion, the executor of the estate, was present during the videotaping. So was Murphy's mother and two friends, Linda Carroll and Tanya Crop.

Homicide detectives and the FBI's Criminal Apprehension Team are looking to arrest Carroll, who lives in Orange County, on a material witness warrant and bring her to Las Vegas to testify before a county grand jury. Carroll spent the night with Murphy at a neighbor's home after Binion's body was discovered on the floor of his home Sept. 17.

Cropp, who was hired as Binion's new bookkeeper before his death, already has been hauled before the grand jury.

Attorneys for Binion's estate have subpoenaed the tape as part of their efforts to determine Binion's assets.

Brown submitted an affidavit to Cherry contending Knudson had previously agreed to give him a copy of the tape.

But Knudson said in his own affidavit that he no longer has the tape. He said he turned it over to Chesnoff.

In court papers, Chesnoff acknowledged that Brown was promised a copy.

"However," Chesnoff added, "the circumstances have changed as a result of the (homicide) investigation and the hostile position taken by the estate's lawyers."

Chesnoff argued that "those seeking the tape have pulled no punches in suggesting (Murphy) is a criminal."