State close to having Mattsen testimony

Monday, Feb. 28, 2000 | 11:35 a.m.

David Mattsen was on the verge of striking an agreement today with prosecutors to testify against Ted Binion's accused killers.

"We're closer to a deal now," Mattsen's lawyer, James Bucky Buchanan, told the Sun this morning. "The state is very interested and wants his testimony. Let's just say their mouth is watering."

The 54-year-old Mattsen, Binion's former ranch manager in Pahrump, is considered part of the inner circle of Rick Tabish and Sandy Murphy, the two people charged with killing the wealthy gambling figure in September 1998.

On Friday, as negotiations with prosecutors stalled, Buchanan said his client could "clear up some holes" in the well-publicized case.

Buchanan said this morning the only snag in the talks is coming from the U.S. attorney's office, which wants Mattsen to plead guilty to all 11 counts in a federal firearms indictment. Buchanan said he is hoping to plead Mattsen to only one count.

Mattsen also wants the district attorney's office to drop charges against him involving the theft of Binion's $6 million silver fortune two days after his death.

Chief Deputy District Attorney David Roger, the lead prosecutor in the murder case, and Assistant U.S. Attorney Thomas O'Connell, who is handling the weapons case, declined to comment this morning.

Buchanan said he and Mattsen expected to meet late today with prosecutors in the hopes of reaching an agreement.

Following an impasse, negotiations between Buchanan and prosecutors resumed late Friday.

Prior to the talks Buchanan said he was preparing to go to trial on the firearms charges.

Mattsen 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.

Last week, Buchanan accused the district attorney's office of "dragging its heels" in the negotiations.

He said his client was very interested in cooperating.

"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."

Local prosecutors, who have sought Mattsen's cooperation for months, have been reluctant to deal with him until they know exactly what information on Binion's slaying he can provide.

Roger said last week that Mattsen had yet to come forward with details.

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 murder trial approaches. Mattsen's trial in the silver theft is scheduled to take place after the murder case, which could 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 his estate. "Mattsen could be in a position to fill in the blanks on the day of the murder."

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.