Key witness goes ‘off deep end’

Tuesday, Feb. 29, 2000 | 11:19 a.m.

Negotiations between David Mattsen and prosecutors collapsed Monday after the key witness in the Ted Binion murder case began acting erratically.

"He went off the deep end," Mattsen's lawyer, James "Bucky" Buchanan, told the Sun this morning. "He wasn't helping himself."

Buchanan said talks aimed at reaching an agreement for Mattsen to cooperate in the Binion case faltered after a series of strange actions by his client that began with an attempt to meet with Binion's sister, Becky Behnen, at the Horseshoe Club.

"That set up a chain of events that led to the downfall of the negotiations," Buchanan said. "I think it's probably over, and we'll have to go to trial."

The 54-year-old Mattsen is scheduled to stand trial in federal court Monday on charges of being an ex-felon in possession of firearms. He faces up to five years in prison if convicted.

Buchanan said he called off scheduled talks with prosecutors late in the afternoon.

"I think the pressure is getting to him," Buchanan said. "He's been acting a little erratic. It's just not the time to go and make a deal. There are a lot of things he's going to have to do to make it appear that he's trustworthy and a truthful witness."

As of this morning, Buchanan said, he hadn't heard from Mattsen since 2 p.m. Monday.

Behnen, who owns the Horseshoe Club, said she was told Mattsen showed up at the downtown hotel-casino about noon wanting to talk to her. Aides, she said, told Mattsen she was in an important meeting and couldn't sit down with him.

Mattsen eventually left the Horseshoe, but word of his visit spread to prosecutors, who raised questions about his behavior.

"We knew that he went to the Horseshoe and was making a pest of himself," District Attorney Stewart Bell said. "I called Bucky and asked him what's going on?"

Sources close to the Binion case said Mattsen privately had expressed concern about the publicity surrounding his effort to strike a plea agreement.

He also reportedly was complaining that prosecutors weren't interested in letting him share in the $100,000 reward money being offered for information leading to the conviction of those responsible for Binion's September 1998 death.

On Monday Mattsen was on the verge of striking an agreement to testify against Binion's accused killers, Sandy Murphy and Rick Tabish.

"We're closer to a deal now," Buchanan said. "The state is very interested and wants his testimony. Let's just say their mouth is watering."

Mattsen is considered part of the inner circle of Murphy and Tabish.

Buchanan has predicted that his client could "clear up some holes" in the well-publicized murder case.

Another snag in the talks came from the U.S. Attorney's office, which wants Mattsen to plead guilty to all 11 counts in the federal firearms indictment. Buchanan said he is looking to have Mattsen plead guilty to only one count.

Mattsen also wants prosecutors to drop state charges involving the theft of Binion's $6 million silver fortune in Pahrump two days after his death.

Chief Deputy District Attorney David Roger, the lead prosecutor in the murder case, could not be reached for comment this morning.

Roger, who has sought Mattsen's cooperation for months, has been reluctant to deal with him until he knows exactly what information about Binion's slaying Mattsen can provide.

Last week Roger said Mattsen has yet to come forward with details.

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

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.