Mattsen, prosecutors reach an impasse

Friday, Feb. 25, 2000 | 11:16 a.m.

Negotiations aimed at striking a deal with David Mattsen to cooperate in the Ted Binion slaying case have reached an impasse.

There were no talks Thursday between prosecutors and Mattsen's lawyer, James "Bucky" Buchanan, and none were scheduled as of this morning.

"We're preparing to go to trial," Buchanan told the Sun today. "We've already requested subpoenas, and they'll be served for our defense."

The 54-year-old Mattsen -- considered part of the inner circle of Binion's accused killers, Sandy Murphy and Rick Tabish -- is set to stand trial in federal court March 6 on charges of being an ex-felon in possession of firearms. He faces up to five years in prison if convicted.

Mattsen, also charged in the theft of Binion's $6 million silver fortune in Pahrump, agreed to discuss cooperating with prosecutors in the Binion case after U.S. District Judge Philip Pro Wednesday refused to toss out the weapons charges.

Buchanan met with Chief Deputy District Attorney David Roger and Assistant U.S. Attorney Thomas O'Connell, who is prosecuting the firearms case, for two hours Wednesday afternoon, but they couldn't come to an agreement.

On Thursday Buchanan accused the district attorney's office of "dragging its heels" in the negotiations. But Chief Deputy District Attorney David Roger, the lead prosecutor in the Binion case, blamed the stalled talks on Buchanan.

Buchanan today said his client is very interested in cooperating. But he wants immunity from prosecution, the silver theft charge dismissed in state court and probation on the federal gun charges.

"All he wants to do is get on the witness stand and tell the truth about what happened, get these cases behind him and get on with his life," Buchanan said. "I think if they (prosecutors) come to their senses, they would get together with us."

But Roger insisted today the ball still was in Buchanan's court.

"I'll be checking my telephone messages," he said.

Mattsen, he added, has yet to tell him what information he can provide about Binion's September 1998 slaying.

"I'm not going to give him immunity unless I know what he's going to say," Roger said.

But Buchanan countered: "They know what his testimony will be. They know he can clear up some holes in this case."

Prosecutors, who have sought Mattsen's cooperation for months, believe he can shed light on the mystery surrounding the 55-year-old Binion's death.

Police have cellular phone records that show communications between Mattsen and the murder defendants in the immediate hours before and after Binion was killed.

If Mattsen reaches a deal with prosecutors, it would be considered a major break as the March 13 trial approaches. Mattsen's trial in the silver theft is scheduled to take place after the murder case, which is expected to last up to three months.

"Providing he tells the truth, this could open up a lot of new avenues," said private detective Tom Dillard, who has been investigating Binion's death for the former casino executive's $50 million estate. "Mattsen could be in a position to fill in the blanks on the day of the murder."

The defense, meanwhile, planned to return to the death scene today at Binion's 2408 Palomino Lane home with crime scene expert Paul Dougherty of California.

Lawyers for Murphy and Tabish, under a court order, showed up at the house Thursday with Cyril Wecht, a nationally known pathologist from Pennsylvania.

Murphy also made her first appearance at the home Thursday since Sept. 18, 1998, the day after Binion's death.

The Sun reported this week that Murphy nearly got away with persuading Nevada Power Co. to shut off the electricity at the $900,000 home and transfer the account to her new apartment at the posh Regency Towers on the Las Vegas Country Club.

Murphy stands to inherit the home, but Binion's estate, which currently has custody of the home, is challenging her inheritance.