Key figure in Binion case seeks plea deal

Wednesday, Feb. 23, 2000 | 11:27 a.m.

A central figure in the Ted Binion murder investigation planned to sit down with prosecutors today to discuss the possibility of cooperating in the probe.

David Mattsen, 54, whose cooperation had been sought for months, was to meet with Chief Deputy District Attorney David Roger, the lead prosecutor in the Binion case, as early as this afternoon.

"We'll have some discussions," Mattsen's lawyer, James "Bucky" Buchanan, said.

At the close of a hearing this morning before U.S. District Judge Philip Pro, Buchanan said his client intended to reach a plea agreement on federal and local charges against him.

Buchanan made the statement after Pro refused to toss out the evidence that led to Mattsen's federal firearms indictment.

Mattsen, who once managed Binion's 125-acre ranch in Pahrump, was indicted by a federal grand jury in October on charges of being an ex-felon in possession of firearms and ammunition. He also was charged in District Court in June in an alleged plot by Sandy Murphy and Rick Tabish, murder defendants in Binion's death, to steal $6 million in silver from Binion in Pahrump after his death.

The 11-count federal indictment was the result of a March 1999 raid on Mattsen's Pahrump home by Metro homicide detectives investigating Binion's September 1998 slaying.

Police found several weapons, including one that reportedly belonged to the 55-year-old Binion, during the court authorized search.

At the hearing before Pro, Buchanan argued that police should not have seized the weapons, because they did not know Mattsen was an ex-felon.

"We feel there was nothing enabling them to go out and pick up those guns," Buchanan said.

But Metro homicide Detective James Buczek, the lead investigator in the Binion probe, testified that he knew well before the March 1999 raid that Mattsen had felony conviction.

Pro, in refusing to supress the evidence, said it was clear to him that detectives were lawfully at Mattsen's home and had reason to seize the weapons.

Though prosecutors had been seeking Mattsen's cooperation for some time, Mattsen and Buchanan decided to wait until the outcome of today's hearing before looking for a deal.

Mattsen once reportedly offered his assistance, but he was asking for too much of the reward money, and prosecutors declined to deal.

Binion's $50 million estate has put up a $100,000 reward for information leading to the convictions of those who brought about Binion's death. So far, the money is unclaimed.

Sources close to the Binion case said prosecutors no longer are interested in letting Mattsen share in the reward money.

Prosecutors are said to believe the possibility of avoiding a stiff prison term should be enough motivation for him to cooperate. If convicted on the federal gun charges, Mattsen faces as much as five years in prison.

Assistant U.S. Attorney Thomas O'Connell, who is prosecuting Mattsen on the federal firearms charges, said it was possible that both sides could reach a plea agreement in that case as early as Friday.

Pro said he would be willing to accept the plea that day.

Meanwhile another witness in the Binion case remains in the Clark County Detention Center this morning after a hearing before District Judge Joseph Bonaventure was delayed until Tuesday.

Jason Frazier, who prosecutors alleged was involved in a plan to pay witnesses to provide an alibi for Rick Tabish on the morning of Binion's death, is in jail on $1 million bail.

Roger said he was considering obtaining a grant of immunity from prosecution for Frazier because he has been cooperating "100 percent."

Sun reporter Bill Gang contributed to this report.