Judge refuses bid to bar Binion attorneys

Tuesday, Nov. 30, 1999 | 11:08 a.m.

District Judge Michael Cherry today refused to disqualify attorneys for Ted Binion's estate from a wrongful death lawsuit against the two people charged in the slaying of the gambling figure.

Lawyers for Sandy Murphy and Rick Tabish had asked Cherry to disqualify Harry Claiborne, Bruce Judd and Richard Wright, who brought a wrongful death claims to court, because they may be witnesses in the criminal case.

But Cherry, following an hour-long hearing, said the motion was premature.

"I think it would be a disservice to the estate and Ms. (Bonnie) Binion to knock these lawyers out at this time," Cherry said.

Claiborne filed the wrongful death suit against Murphy and Tabish on Oct. 12 on behalf of Bonnie Binion, the late casino executive's 19-year-old daughter and chief heir to his $50 million estate.

The suit accused Murphy, who was living with Binion, and Tabish of "engaging in a secret sexual relationship" while plotting Binion's slaying.

The estate leveled similar charges in court papers filed in the battle over Binion's assets.

Cherry also refused a defense request to dismiss the wrongful death action, because the estate did not name Binion's neighbor, Dr. Enrique Lacayo, and his heroin supplier, Peter Sheridan, as defendants.

Lacayo gave Binion a prescription for 120 tablets of the sedative Xanax the day before his death, and Sheridan sold Binion 12 doses of tar heroin that evening.

An autopsy found heroin and Xanax in Binion's stomach.

Robert Murdock, who represents Tabish, charged in court today that Lacayo and Sheridan were responsible for Binion's Sept. 17, 1998, death.

"The state has called this a homicide," Murdock said. "It was a homicide by Pete Sheridan and Dr. Lacayo."

Judd said the estate would present evidence that shows Murphy and Tabish killed Binion.

Police have charged Murphy and Tabish with pumping Binion with the drugs and suffocating him.

Murphy has been awarded Binion's 2408 Palomino Lane home, its contents and $300,000 in cash. But the estate, which contends Binion ordered Murphy taken out of his will the day before his death, has appealed to the Nevada Supreme Court.

Earlier this year, both Murphy and Tabish asserted their Fifth Amendment rights against self-incrimination and refused to answer questions in court about valuables stolen from Binion's home after his death. Among the missing items is a $300,000 collection of rare coins and currency.

Lawyers for Tabish and Murphy blame Binion's death on his brother, Jack Binion, the executor of his estate, his sister Becky Behnen, owner of the Horseshoe Club, and Wright and Claiborne, who are spearheading the estate probe into Binion's death.

Those lawyers charged all four knew about Binion's heroin habit, but did little to help him before he died.