Murphy, Tabish financially liable for Binion’s death

Wednesday, Dec. 13, 2000 | 11:03 a.m.

District Judge Michael Cherry today found Sandy Murphy and Rick Tabish financially liable in Ted Binion's death and subject to punitive damages.

Murphy, a 28-year-old one-time topless dancer who lived with Binion for three years, and her lover, Montana contractor Rick Tabish, were convicted May 19 of killing Binion at his Las Vegas home more than two years ago.

Following a hearing this morning, Cherry ruled that Murphy and Tabish must pay Binion's $10,999 funeral bill, but the judge said he would set a trial on how much punitive damages the convicted murderers must pay the wealthy gambling figure's estate at a later date.

He encouraged lawyers for Murphy and Tabish to appeal his decision to the Nevada Supreme Court to get a final resolution to the subject of civil liability in Binion's death.

"If there's one thing that Florida has taught us, we need to get issues resolved by the highest court," Cherry told the lawyers.

Cherry also gave Murphy some reason to smile, denying an estate motion to put a halt to her $2 million palimony suit. That means she still can pursue the claims she has against the $55 million estate. Murphy has been seeking Binion's $900,000 home, its contents, and $300,000 in cash, as outlined in an amendment to his will two months before his Sept. 17, 1998, death.

The judge said he would allow the estate to sell the home as the legal battle continues to play out in court. If Murphy were to prevail in any palimony action, she could obtain a judgment from estate funds, the judge said.

Estate lawyers Bruce Judd and Harry Claiborne had argued that by Nevada law, Murphy's murder conviction is enough to hold her financially liable in Binion's death and bar her from any claims against the estate.

But Murphy's new civil attorney, Herb Sachs, argued the law doesn't go into effect until after the Nevada Supreme Court rules on her conviction.

"To take her interest in the estate away ... prior to her completing and exhausting all appeal rights may well be construed as a denial of procedural due process," Sachs wrote in papers filed late last week.

Sachs said Murphy insists that the "record is replete with reasons why the conviction should be overturned."

He filed a sworn affidavit from Murphy in which she said her relationship with Binion was "one of violence."

Murphy said she was subjected to "nearly two years of physical and emotional abuse, threats, intimidation and physical beatings" from Binion "whenever he was drunk or under the influence of drugs."

Binion, she said, often pulled out chunks of her hair and threatened her with a loaded shotgun.

In 1996, Binion and slain Chicago underworld figure Herbie Blitzstein, whom she described as "our closest friend," also forced her to have an abortion at a Las Vegas clinic, Murphy said in her three-page affidavit.

And Murphy maintained that she signed a cohabitation agreement with Binion in January 1997 under duress.

Binion's estate lawyers filed court papers Tuesday, accusing Murphy of "concocting" the allegations of abuse as part of her efforts to win an appeal in the criminal case.

"Even if a tiny portion of Murphy's newest story had any semblance to truth, which it does not, Murphy ratified the cohabitation agreement by taking all the benefits of the agreement in the form of money and a lavish lifestyle while continuing silent about the alleged duress," Judd and Claiborne wrote.

"It also is remarkable that while Murphy makes a great many statements under oath, she never testified that she did not murder Ted Binion or rob him of his currency and coin collection."

In February 1999 Murphy asserted her Fifth Amendment right against self-incrimination and refused to answer questions about Binion's missing valuables when called to the witness stand in the estate case.

At her murder trial this year, she opted against testifying in her own defense.

But Murphy did make unsworn statements during the penalty phase after her conviction and at her sentencing. In both instances she talked about her love for Binion and the good times they shared. She never brought up the alleged physical and emotional abuse.