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November 11, 2009

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Attorney seeks evidence of conflict of interest

Lisa Snedeker

Friday, July 7, 2000 | 4:46 a.m.

LAS VEGAS - Former defense attorneys in the Ted Binion murder trial were ordered to turn over financial records Friday in a bid to determine whether convicted killers Sandy Murphy and Rick Tabish received an adequate defense or deserve a new trial.

Bill Terry, Tabish's current attorney and Murphy's former counsel, wants to know whether any members of the defense team received money for movie or book deals about the murder case during the trial.

If Terry can prove they did, it could be ruled a conflict of interest and a violation of the Sixth Amendment right to a fair trial.

District Judge Joseph Bonaventure ordered attorneys Louis Palazzo and Robert Murdock, and others associated with the defense to turn over the "privileged" information by Wednesday.

Before the judge ruled, Murphy and Tabish first had to waive their rights to attorney-client privilege because Terry had originally represented her before she changed attorneys. Tabish only recently hired Terry to replace Palazzo.

Though the Murphy and Tabish were tried together, they had separate defense teams.

Murphy and Tabish were convicted in May of the September 1998 slaying of Binion, 55. Murphy, 28, who was Binion's live-in girlfriend, and Tabish, 35, who became her lover, killed the wealthy gambler for his money, prosecutors said.

The jury recommended a life sentence with the possibility of parole after 20 years on the first-degree murder charge.

Attorney John Momot, who represented Murphy at trial, has continued as her main counsel. Terry has not requested Momot's financial records.

But Terry said financial information was missing from the 30 boxes of documents Murdock turned over.

Murdock told the judge he had given Terry everything his law firm had on the case.

Momot, meanwhile, said he has procured the services of Gerald Scotti, a Beverly Hills, Calif., attorney to help him with the appeals process.

Also Friday, Bonaventure extended the formal sentencing date for Tabish and Murphy to Sept. 8 for the other charges in the case.

Attorneys have until July 26 to file written motions for a new trial, the second such extension granted.

Arguments will be heard Aug. 11, the original sentencing date.

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