Judge worried about leaked poll results

Wednesday, April 12, 2000 | 11:31 a.m.

District Judge Joseph Bonaventure today voiced concerns to defense attorneys in the Ted Binion murder trial over their release of poll results about the progress of the case.

Bonaventure summoned both prosecutors and defense lawyers to his chambers before the start of the trial this morning to discuss the public dissemination of the results.

Prosecutors reportedly complained that the results could have an impact on the 12-member jury hearing evidence in the well-publicized case.

"The judge has his own concerns about the polls," Doug Bradford, a spokesman for the judge, said this morning.

Bradford said the judge wanted to meet again with the lawyers during the lunch break to gather more information.

The poll results were solicited by 15-second ads put together by Trial Consultants of Nevada, which includes key members of Las Vegas Mayor Oscar Goodman's campaign team. Goodman once represented one of Binion's accused killers, Sandy Murphy.

Bonaventure two weeks ago lifted a gag order barring everyone involved in the case from talking to the media after he was able to select a 12-member jury and six alternates in less than three days.

When he imposed the order on March 22, he said he was concerned both sides were trying to manipulate the media and the potential jurors.

"This court has observed a virtual pipeline of information to particular journalists from both the defendants and the prosecution," Bonaventure said. "Guilt or innocence must be determined in the courtroom -- not the market place of public opinion."

In the two months leading up to the gag order, the defense had mounted a public relations campaign to put a favorable spin on Murphy and her co-defendant, Rick Tabish.

Defense attorneys contended they were trying to counter what they claimed were prosecution leaks early in the homicide investigation.

Their campaign included persuading one television station to air home movies of Murphy and Binion.

Just before the start of jury selection, the defense leaked poll results showing an overwhelming majority of Las Vegans believed Tabish and Murphy were guilty. Those results were leaked while Bonaventure was considering a defense request to move the trial outside Las Vegas because of the massive media coverage.

Then as the prosecution began calling witnesses last week, the defense again leaked poll results, this time showing that more people were starting to believe the two defendants were innocent.

This week, the defense leaked results on how the testimony of certain witnesses was being viewed by those surveyed over the telephone.

Jeff German is the Sun's senior investigative reporter. He can be reached at (702) 259-4067 or by e-mail at german@lasvegassun.com.