Murphy’s bail may be challenged

Tuesday, Sept. 28, 1999 | 11:18 a.m.

Prosecutors said Monday that they may seek to revoke the $300,000 bail of Sandy Murphy, one of Ted Binion's accused killers.

"We're researching whether there's a legal basis to revoke her bail status," Chief Deputy District Attorney David Roger told the Sun following a hearing in District Court in which Murphy and her co-defendant, Rick Tabish, pleaded innocent to killing the gambling figure.

No evidence that Murphy has violated the terms of her bail has surfaced, but prosecutors are said to be looking at whether the late decision to charge Murphy in a torture scheme related to Binion's death could affect her status.

Roger said prosecutors also will oppose any effort to set bail on Tabish's behalf.

Tabish, a 34-year-old contractor, has been in jail on no bond since both he and Murphy were arrested June 24 in connection with Binion's Sept. 17, 1998, slaying. His lawyer, Louis Palazzo, said he will seek bail for Tabish, whose father is a wealthy businessman in Missoula, Mont.

Murphy, 27, Binion's live-in girlfriend, was released from the Clark County Detention Center on July 15 and placed under court-monitored house arrest after she posted the $300,000 bail put up by Ireland native William Fuller, who was described as a "good Samaritan."

Fuller, an 81-year-old Nevada mining company executive with ties to the entertainment industry in Ireland, has been following Murphy's court appearances since meeting her in April.

Murphy has come to court wearing an electronic monitoring device around her ankle. She sparked controversy during last month's preliminary hearing when she painted the bracelet to match her designer clothes. Justice Court officials ordered her to remove the paint.

Tabish, reported to be Murphy's lover, wore a navy sport coat and tie during his arraignment Monday instead of his customary jail garb.

District Judge Joseph Bonaventure, who is presiding over the case, said he is allowing Tabish, the only defendant in custody, to wear civilian clothes during the murder proceedings.

Bonaventure on Monday set a March 13 trial date for Murphy, Tabish and two other defendants, David Mattsen and Michael Milot, who are charged with the accused killers in a scheme to steal Binion's silver fortune two days after his slaying.

Two other defendants, Steven Wadkins and John B. Joseph, will stand trial after the murder case on charges of plotting with Tabish and Murphy to torture a Las Vegas businessman into turning over his interests in a Jean sand pit two months before Binion's death.

Prosecutors last Tuesday disclosed that they had decided against seeking the death penalty for Murphy and Tabish.

They later disclosed during a meeting with Bonaventure on Thursday that they were looking to put Murphy behind bars again while she awaits her trial.

The new charges in the torture scheme weren't filed until the eve of the preliminary hearing, which occurred after Murphy's bail was set.

Bonaventure scheduled an Oct. 15 hearing on all bail motions and requests by defendants for separate trials.

Defense lawyers have until Oct. 23 to inform Bonaventure if they intend to stay on the case through the March 13 trial, which is expected to last up to three months.

Murphy reportedly has considered hiring New York lawyer Barry Scheck, a member of O.J. Simpson's "dream team." But her Las Vegas lawyer, Bill Terry, told Bonaventure Monday that he had no co-counsel. Scheck declined comment last week, referring a telephone call to Terry, who did not comment to reporters after Monday's arraignment.

Both Murphy and Tabish reportedly have retained Harvard University law professor Alan Dershowitz to work on defense strategy behind the scenes. Dershowitz, known as a celebrity lawyer, also was part of Simpson's defense team.

Bonaventure took the unusual step of reading the entire 11-count complaint on Monday before accepting the innocent pleas of all six defendants charged in the murder and related crimes. The half-hour hearing was televised live on Las Vegas 1, a local cable news channel.

Court TV, a national legal affairs network, is said to be considering covering the March trial live.

The murder investigation, which still is continuing, has attracted national attention.

Prosecutors believe the 55-year-old Binion, the son of the late legendary gaming pioneer Benny Binion, was pumped with drugs and suffocated.

His body was discovered at his 2408 Palomino Lane home next to an empty bottle of the prescription sedative Xanax. An autopsy found Xanax and heroin in his stomach.

Binion, who had a history of heroin use, bought 12 doses of crude tar heroin the night before he was killed.