Las Vegas Sun

March 28, 2024

Jury probe ordered in Binion case

District Judge Joseph Bonaventure this morning agreed to hold an evidentiary hearing in the Ted Binion murder case to see if defense allegations of jury misconduct and an ineffective defense attorney are true.

Sandy Murphy and Rick Tabish's attorneys argued today that their clients should get a new trial because jurors acted inappropriately during deliberations. They also believe that Tabish's former attorney, Louis Palazzo, was ineffective because he allowed a City Hall official to play a key role in the trial.

Murphy, 28, and Tabish, 35, were convicted of first-degree murder in the September 1998 death of Binion in May. The pair were sentenced to life in prison with parole possible after 20 years.

Prosecutors argued that Murphy, who was Binion's live-in girlfriend, and Tabish, Murphy's lover, conspired to kill the former Binion Horseshoe owner to get their hands on his fortune.

The defense attorneys argued that Binion either committed suicide or died as the result of an accidental overdose of heroin and the prescription drug Xanax.

In a lengthy motion for a new trial filed last week, John Momot and William Terry allege that jurors used an unofficial summary of instructions and a timeline written by jury foreman Arthur Spear Jr.

Bonaventure scheduled the evidentiary hearing for a week from today and 11 of the jurors are expected to testify. A 12th juror will take the stand Aug. 21 because of vacation plans.

That 12th juror was originally scheduled to testify this morning, prompting defense attorneys to ask that the court proceeding be closed to prevent the other jurors from being tainted by media coverage of her testimony.

That issue was rendered moot when her testimony was rescheduled for Aug. 21.

As for the Palazzo issue, prosecutors David Wall and David Roger filed a motion Thursday asking Bonaventure to waive the attorney-client privilege so Palazzo could testify about the defense's claims.

Bonaventure will decide that issue before the evidentiary hearing begins. He could grant a partial waiver, a full waiver or not issue a waiver at all.

Terry believes Palazzo made decisions during the Binion trial based upon the advice of William Cassidy, an aide to Las Vegas Mayor Oscar Goodman, who once represented Murphy in the case.

Cassidy promised Palazzo that Binion estate investigator Tom Dillard and key witness Leo Casey would be indicted before the trial, Terry said. He also said Goodman would take the stand or cross-examine witnesses. None of those things happened.

Cassidy also convinced Palazzo and Tabish not to mention the fact that Murphy had brought bags of silver to Goodman's office shortly after Binion's death.

If Palazzo had presented that evidence, jurors would have learned that Murphy took the coins the day after Binion died and did not steal them on the day he died as prosecutors allege.

Jurors would have learned that Murphy took the coins because she thought she was being willed Binion's home and contents and her attorneys didn't think she had acted inappropriately.

The Sun reported last month that Goodman told Murphy the coins needed to be inventoried, but she took them back before an accounting could be made. Tabish later gave the coins to Dennis Rehbein, who was then his brother-in-law.

Terry also claims that "Mr. Palazzo neglected to call certain essential witnesses to deal with Mr. Tabish's finances and other matters, which were the subject matter of the trial."

One of those witnesses, Tabish's civil attorney William Knudson, would have testified he had lunch with Tabish and Murphy the day Binion died.

Murphy and Tabish, who face an additional 61 and 75 years, respectively, for other crimes committed as part of the plot, are to be sentenced Sept. 8.

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