Binion prosecutors vow to fight defense requests

Tuesday, Oct. 5, 1999 | 11:39 a.m.

Prosecutors plan to oppose defense efforts to lessen the bail conditions of Ted Binion's accused killers, Sandy Murphy and Rick Tabish.

Murphy's attorney, Bill Terry, asked District Judge Joseph Bonaventure Monday to reduce Murphy's bail from $300,000 to $100,000 and release his client from house arrest.

And Tabish's lawyer, Louis Palazzo, filed papers requesting that bail be set for his client, who has been in jail on no bond since his June 24 arrest with Murphy. Palazzo contends Tabish's incarceration presents a hardship on his defense in a case that has more than 22,000 documents.

Terry also filed a motion asking that Murphy be tried separately from Tabish.

Prosecutors have until Monday to respond in court to the defense requests.

Bonaventure, who will preside over the March 13 murder trial, set an Oct. 13 hearing on the bail and severance issues.

Chief Deputy District Attorney David Roger told the Sun today that he will fight 27-year-old Murphy's release from house arrest and ask Bonaventure to raise her bail.

"She's not a suitable candidate to be released from house arrest," Roger said. "We plan to urge the court to increase the amount of her bail."

Roger said he also will oppose Tabish's bid for bail.

"He's right where he belongs," Roger said.

Last week Roger said he was considering moving to revoke Murphy's bail because of additional charges filed against the onetime topless dancer linking her to an alleged torture scheme related to Binion's murder.

Roger said today that he's still researching that possibility.

In his court papers, Terry said Murphy is "totally committed" to her defense.

He said he anticipated prosecutors would move to increase her bail merely as a "tactic" designed to keep Murphy under house arrest.

But prosecutors said they believe new evidence that surfaced during last month's preliminary hearing provides sufficient grounds to persuade Bonaventure to raise Murphy's bail.

Murphy and Tabish, her 34-year-old reported lover, are charged with killing Binion on Sept. 17, 1998 and stealing his valuables, including his silver fortune in Pahrump. Homicide detectives believe Binion was pumped with drugs and suffocated at his 2408 Palomino Lane home.

The suffocation theory, developed through the testimony of nationally known pathologist Michael Baden was among the new evidence presented at a preliminary hearing that prosecutors intend to use against Murphy in their bid to hike her bail.

Tanya Cropp, a close Murphy friend, provided additional evidence against Murphy, when she testified during the 13-day hearing that Murphy had asked her to lie to investigators looking into the 55-year-old Binion's death.

Cropp also testified that Murphy wrote a newly discovered seven-page list of coins believed to have been stolen from Binion after his murder. Police believe the list links Murphy to the theft of Binion's valuable coin collection from his Las Vegas home.

Prosecutors also expect to point out in their response that the thumbcuffs used in the alleged July 1998 kidnapping and torture of businessman Leo Casey were found in a bag of coins in Murphy's bedroom after Binion's slaying.

And prosecutors plan to bring up Murphy's role in a purported scheme two years ago to use Binion to help her circumvent a court-ordered house arrest stemming from a drunk driving conviction.

The scheme was investigated by state gaming agents looking to revoke Binion's license as an executive at the Horseshoe Club.

Murphy, meanwhile, wants to be tried separately from Tabish so that she can exercise her option of taking the witness stand on a limited basis to deny her involvement in the Casey torture, Terry said.

Terry said his client also wants a separate trial in the torture scheme and the plot to steal an estimated $4 million in silver from Binion in Pahrump two days after his death.

Tabish also is seeking to be tried separately in the conspiracy against Casey.

Two defendants charged with Murphy and Tabish in the Pahrump theft -- Michael Milot and David Mattsen -- also filed papers requesting separate trials.

Last month Bonaventure agreed to sever Steven Wadkins and John B. Joseph, who are charged in the Casey kidnapping, from the March 13 murder trial.

Prosecutors expect to call as many as 150 witnesses during the trial, which could last up to three months.