Judge refuses to drop Binion charges

Monday, Feb. 28, 2000 | 11:26 a.m.

District Judge Joseph Bonaventure today refused to dismiss murder charges against the two people accused of killing Ted Binion.

Bonaventure rejected writs aimed at tossing out the case filed by lawyers for the two defendants, Sandy Murphy and Rick Tabish.

The judge, however, dismissed several charges against Murphy related to the kidnapping and torture of a Las Vegas businessman before Binion's September 1998 slaying.

Bonaventure also refused to dismiss charges related to Binion's slaying against John Joseph and Steven Wadkins, who allegedly participated in the kidnapping conspiracy, and Michael Milot, charged in the plot to steal Binion's silver fortune in Pahrump after his death.

This came as defense lawyers were expected to grill private detective Tom Dillard on the witness stand as early as today.

Dillard, who has been investigating Binion's slaying for his estate, has never been called to testify in court during the well-publicized case.

From the beginning of the investigation into the wealthy gambling figure's death, Dillard has acknowledged being close friends with the lead prosecutor, Chief Deputy District Attorney David Roger, and he has said his orders from the estate were to cooperate fully with homicide detectives.

Last month attorneys John Momot and Louis Palazzo, who represent Murphy and Tabish, filed a motion challenging the evidence Dillard has collected for police.

At today's hearing before Bonaventure, the lawyers were expected to argue that prosecutors should be barred from using the evidence at the March 13 trial.

"Essentially wearing twin hats of state investigator and private detective, Dillard was the primary individual through which the Las Vegas police department and district attorney developed their case," Momot and Palazzo said in their motion.

That unusual relationship, the lawyers charged, resulted in the "contamination" of the death scene at Binion's 2408 Palomino Lane home and violated the constitutional rights of Murphy and Tabish. Murphy had been living with Binion for three years prior to his death.

Dillard, the attorneys alleged, was able to pursue evidence in the case without the normal constraints placed on police. The estate filed a wrongful death lawsuit against Murphy and Tabish several months after Dillard launched his investigation.

Roger has defended Dillard's role in the police investigation and has said he expected it to stand up to the defense scrutiny.

The motion is one of 42 filed by defense attorneys in the case.

Bonaventure has set aside this week to hold hearings on the motions in an attempt to resolve them by the start of next month's trial.

Defense lawyers also are seeking a change of venue in the case and have asked Bonaventure to sequester the jury and witnesses during the trial.

Jeff German is the Sun's senior investigative reporter. He can be reached at (702) 259-4067 or by e-mail at german@lasvegassun.com.