Sand pit activities described by guard

Kim Smith

Thursday, April 6, 2000 | 11:15 a.m.

Testimony in the Ted Binion murder trial this morning shifted to activities at a Jean sand pit as prosecutors began building a case alleging a Las Vegas businessman was tortured at the hands of defendant Rick Tabish.

Sand pit security guard Arlee Booher took the stand as the trial against Tabish, 35, and co-defendant Sandy Murphy, 28, entered its fourth day of testimony today.

Tabish and Murphy are accused of injecting a lethal dosage of heroin and Xanax into Binion on Sept. 17, 1998, and suffocating him.

Prosecutors believe the couple wanted to get their hands on Binion's fortune, but defense attorneys contend Binion, 55, committed suicide.

Booher told the jury he saw a makeshift grave shortly after Tabish, Leo Casey and Steven Wadkins drove to the sand pit on July 28, 1998.

Tabish and Wadkins are co-defendants in the alleged torture of Casey that night.

The 70-year-old security guard said he heard a piece of diesel equipment start up a short time after the three drove past him. When he later drove to that area, he said he saw Casey get into the passenger's side of the car.

When he drove to the area, he testified that he saw a 2-foot hole in the ground.

"It was just as long as the front-end loader was long," Booher said.

Prosecutors claim Tabish and Wadkins tortured Casey and threatened to bury him in the grave if he didn't turn over his interest in the sand pit to Tabish.

On Wednesday several witnesses testified that Murphy predicted Binion would die of a drug overdose.

Deana Perry, a former Neiman Marcus salon employee who gave a manicure and pedicure to Murphy seven days before Binion's death, testified Murphy predicted the death of her "husband."

Murphy also told Perry what she was planning to wear to the opening of the Bellagio hotel-casino and who her date would be.

Perry testified Wednesday that Murphy shared intimate details of her life during a Sept. 10, 1998, appointment despite the fact they had never met before. Murphy told her she was married to Binion, a wealthy, older man who owned a casino and had a drug problem.

Although unhappy and carrying on with another man, Murphy was going to stay in the relationship because she would get $3 million, a house, cars and a jewelry store upon Binion's death, Perry testified.

Several times throughout the conversation, Perry said Murphy predicted Binion "was going to die of a heroin overdose within three weeks."

Perry told Deputy District Attorney David Roger Murphy appeared to be happy throughout their conversation.

Murphy told her that she was planning to attend a party for Andre Agassi and the opening of the Bellagio in the weeks after Binion's death.

The Agassi event was scheduled first, and Murphy was disappointed her boyfriend wouldn't be able to attend, Perry said.

"She said it was too soon after Ted's death to bring her boyfriend, so he was just going to go to the Bellagio," Perry said. "She said it would probably be OK to bring him."

Under cross-examination from defense attorney John Momot, Perry insisted Murphy really did reveal her life story "in one fell swoop" during the first hour of their conversation.

She didn't tell her estranged police officer husband or anyone else about the discussion, Perry said, because she didn't take it seriously.

Later, when asked again why she didn't go to the police, Perry said, "Because I didn't think it was any big deal. It was none of my business, and I'm not a snitch."

Perry denied discussing with police and friends the amount of the reward offered in the case. She became angry when Momot began asking her questions about her father and the real reason she was testifying.

"My dad's got life without parole. There's nothing these guys can do to help him," Perry said, gesturing to Roger and fellow prosecutor David Wall.

When Momot again suggested perhaps her father provided her with an incentive to testify, Perry snapped, "That is absurd."

Despite what her former roommates may testify, Perry said she did not make up the Sept. 10 conversation with Murphy after watching TV or reading the newspapers.

Two other former Neiman Marcus salon employees took the stand Wednesday. One, Georgia Gastone, testified Perry told her Murphy predicted Binion's death, using the same language.

The other, Michelle Gillian, testified that she overheard Murphy say Binion had a severe drug habit and "the way he is going she didn't think he would have more than a few weeks left."

Gillian also told jurors that Murphy said she wasn't going to marry Binion until he was drug-free.

Also testifying Wednesday was Larry Stockett, an entrepreneur who had business dealings with the financially struggling Tabish.

Kim Smith covers courts for the Sun. She can be reached at (702) 259-2321 or by e-mail at kimberly@lasvegassun.com.