Judge will not ban TV cameras in Binion trial

Friday, Oct. 15, 1999 | 11:16 a.m.

District Judge Joseph Bonaventure today refused to ban television cameras from the courtroom during the Ted Binion murder trial.

Lawyers for Binion's accused killers, Rick Tabish and Sandy Murphy, had asked Bonaventure to bar the cameras on grounds their clients would be denied a fair trial.

But Bonaventure said the lawyers, Louis Palazzo and Bill Terry, presented no evidence that cameras would distort what occurs in the courtroom.

He said the public's access to the court proceedings "should not be chilled" without a proper reason.

"I think I'm capable of controlling this courtroom," said Bonaventure, who has been on the bench for 22 years.

Attorney Kevin Doty, representing KLAS Channel 8 and and KVVU Channel 5, argued against the camera ban.

Most of the pretrial proceedings in the case have been carried live by Las Vegas 1.

Both Las Vegas 1 and Court TV, a legal television network, have expressed an interest in covering the trial, which has attracted much local and national attention.

Murphy, Binion's 27-year-old girlfriend, and Tabish, her 34-year-old reported lover, are scheduled to stand trial March 13. Prosecutors expect to call as many as 150 witnesses during the trial, which could last up to three months.

Bonaventure today also heard motions for separate trials for Murphy and two other defendants, David Mattsen and Michael Milot, who are charged with helping Binion's accused killers steal his silver fortune in Pahrump after his Sept. 17, 1998, death.

Chief Deputy District Attorney David Roger opposed breaking up the case.

Bonaventure previously has granted separate trials for two other defendants, Steven Wadkins and John B. Joseph, who are charged with Tabish and Murphy in a plot to torture a Las Vegas businessman two months before Binion's death.

Bonaventure also was to take up requests today by Murphy and Tabish to lessen their bail conditions while they prepare their defenses.

Earlier this week, Tabish's family members sent letters to Bonaventure pleading with the judge to set bail for the Montana contractor.

Tabish's wife, Mary Jo Tabish, his parents, Frank and Lani Tabish, and his brother Greg Tabish, all made their emotional requests in the letters that were attached to court papers seeking $100,000 bail.

Murphy, who showed up in court today with a much darker hair color, has sought to be released from house arrest and a reduction in her bail from $300,000 to $100,000.

This week, Roger filed court papers opposing the defense efforts. He asked Bonaventure to keep Tabish behind bars and revoke Murphy's bail.

Roger contends both Tabish and Murphy now are flight risks because they have seen the evidence against them during their recent preliminary hearing.

Tabish has been held at the Clark County Detention Center on no bail since his June 24 arrest with Murphy.

"Rick is not the type of man to run and hide but rather to meet his opponents head-on and prove himself to the world," Mary Jo Tabish wrote. "I know him better than anyone, and at this time his main concerns are to clear his name, repay his debts and take care of his family."

His wife of eight years blamed the media for much of his troubles.

"Unfortunately, people don't realize that the press is putting a spin on reality to influence their thinking and creating a mini-drama to keep them coming back for more," she said. "For the press, the ultimate end to this story would be 'guilty.' Rick doesn't deserve to be part of this media charade."

Frank Tabish, who lives in Missoula, Mont., said in his letter that he believes in his son's innocence and that his son is not a flight risk, as prosecutors have alleged.

"Your honor, we have not frequented a courtroom much in our lives," the elder Tabish wrote. "But at the pretrial hearing, we could not believe that witnesses who lied, perjured themselves and were self-admitted drug dealers (who) supplied heroin to Ted Binion, testified and left the courtroom without any negative consequences."