Murphy’s attorneys ask judge to put Binion estate funds on hold

Kim Smith

Monday, Dec. 11, 2000 | 11:28 a.m.

District Judge Michael Cherry should not award any money to Ted Binion's estate in its wrongful death lawsuit against Sandy Murphy and Rick Tabish unless their appeals are denied.

At least, that is what Murphy's attorneys will be arguing to Cherry on Wednesday.

Murphy and Tabish were convicted of murdering gambling figure Binion in May and are now serving life sentences. On Wednesday attorneys for Binion's estate and Binion's daughter, Bonnie, will ask Cherry to go ahead and grant a partial judgment against Murphy and Tabish.

However, according to motions filed Friday, Murphy's attorneys believe no decision should be made until the couple's criminal case goes through the appeals process.

"Murphy suggests and argues that certain witnesses lied on the witness stand and were paid to give false testimony to obtain a conviction," the motion reads.

Murphy's attorneys also argue that Murphy's $2 million palimony suit against Binion should not be dismissed, and she should not be cut out of Binion's will.

According to the motions, Murphy was forced to sign a cohabitation agreement in 1997 and to use an attorney picked for her by Binion. The attorney, Glenn Lerner, did not explain to her what rights she would be giving up by signing the agreement, the motions state.

"(Murphy) had been instructed by Lerner to sign and did sign under fear that not to do so would result in her death," the motion states.

"Murphy further states in her affidavit that Binion would drive her out into the desert and hand her a shovel to dig her own grave while he held a shotgun on her," the motion states. "Murphy lived in a state of fear. Either she did as Binion directed, or she would face beatings or worse."

Murphy also claims in the motions that Binion and his late friend, mob figure Herbie Blitzstein, forced her to get an abortion in 1996.

Harry Claiborne, Bonnie Binion's attorney, declined comment.