Agents to testify on Binion mob plot

Wednesday, Aug. 9, 2000 | 11:11 a.m.

Defense lawyers plan to put FBI agents and a private detective on the hot seat in court next week over a reported mob plot to kill Ted Binion.

California lawyer Gerald Scotti, who represents one of the gambling figure's convicted killers, Sandy Murphy, filed court papers Tuesday, saying he was subpoenaing FBI agent Charles Maurer, his former supervisor, John Plunkett, and Binion estate investigator Tom Dillard to testify about their knowledge of the plot.

Scotti recently obtained a seven-page report written by Maurer that detailed an underworld scheme to overdose Binion on heroin and steal his valuables.

The plot, Maurer wrote, was hatched by the men who shot to death Binion's friend, underworld figure Herbie Blitzstein, in January 1997.

Scotti and fellow defense lawyer John Momot, in a motion for a new trial for Murphy, charged last month that prosecutors should have disclosed the FBI report to the defense prior to the Binion murder trial.

Prosecutors responded that the defense was well aware of the mob conspiracy long before the trial and had an obligation to ferret out the report itself.

Murphy and her lover, Rick Tabish, were found guilty of pumping Binion with heroin and Xanax and suffocating him on Sept. 17, 1998. They have contended Binion died of a self-induced drug overdose.

Scotti contended in his latest court papers that the plan by organized crime associates to kill Binion and make it look like an overdose was consistent with the position taken by the defense at the trial and needs to be explored further to determine whether Murphy deserves to be retried.

The subpoenas for Dillard and the FBI agents order them to testify Tuesday on the last day of a three-day evidentiary hearing in the courtroom of District Judge Joseph Bonaventure, Scotti said.

The defense wants to know the extent that Dillard worked with the FBI on the murder case and whether he obtained information about the mob plot to kill Binion and withheld it from prosecutors and the defense. Dillard investigated Binion's death for his wealthy estate and shared his information with prosecutors and homicide detectives.

In his report, Maurer disclosed that he had obtained details about the Binion scheme from Antone Davi, one of the Blitzstein triggermen, during an April 20, 1999, debriefing. At the time Davi had agreed to plead guilty to shooting Blitzstein, a former top lieutenant of slain Chicago mob kingpin Anthony Spilotro.

Davi is quoted in the report as saying the subject of killing Binion was brought up by reputed mob associate Alfred Mauriello some time after Blitzstein's slaying.

Mauriello pleaded guilty last year to arranging the Blitzstein hit, which was carried out as part of a plot by the Los Angeles mob to take over Las Vegas street rackets.

Davi reported that Mauriello had told him and Blitzstein's other convicted shooter, Richard Friedman, that Binion had offered $50,000 to kill his sister, Horseshoe Club President Becky Behnen.

"Binion later changed his mind, and a plot was hatched to rob and kill Binion," Maurer wrote. "Mauriello told Friedman and Davi that Binion will be robbed and a door to his house would be left open so Davi and Friedman could kill him.

"Mauriello said Binion was a heroin user, and he gave Binion's address to Friedman and Davi. Friedman came up with a plan to use a Tazer (stun gun) on Binion and give him an overdose of heroin while he was under the influence of the Tazer."

Scotti said in his court papers that the defense is seeking reports on the FBI's debriefing of Mauriello, who is now a cooperating FBI witness, as well as any reports on Binion's response to being told about the contract on his life.

Prosecutors contend the mob figures who talked about the contract all were in jail at the time Binion's death.

But Scotti responded:

"The as of yet undisclosed debriefing of Alfred Mauriello will provide insight as to who placed the contract on Mr. Binion and whether that person was in prison at the time Mr. Binion died.

"The underlying plan of organized crime to murder Mr. Binion and make it look like an overdose could have been carried out by other organized crime functionaries."