Tabish-Murphy sentencing delayed

Kim Smith

Monday, July 10, 2000 | 11:02 a.m.

Rick Tabish and Sandy Murphy will have to wait an extra month to find out just how much time will be tacked onto their life sentence for the murder of Ted Binion.

District Judge Joseph Bonaventure gave the defense an extra month to file their motions for a new trial Friday after Tabish's attorney, Bill Terry, won access to financial documents pertaining to the case.

Terry is trying to find out if anyone on the defense team received fees as part of a book or movie deal about the murder case. If that can be proven, it would be considered a conflict of interest and Tabish could get a new trial.

Murphy and Tabish were convicted May 19 of killing Binion on Sept. 17, 1998, and stealing portions of his fortune. They were given life sentences with the possibility of parole after 20 years, but face an additional 61 and 75 years, respectively, for other crimes committed as part of the plot.

Terry replaced Tabish's trial attorney, Louis Palazzo, last month, but Murphy continues to be represented by John Momot, who has been joined by Beverly Hills, Calif., attorney Gerald Scotti.

Bonaventure moved the couple's sentencing date from Aug. 11 to Sept. 8 at the Friday hearing.

Also on Friday, Murphy formally gave Terry her permission to use whatever information she provided him while he was defending her in his representation of Tabish.

Terry was one of Murphy's original attorneys, and Bonaventure went to great lengths Friday to make sure Murphy knew that by waiving her attorney-client privileges she runs the risk of damaging her own case if defense strategies suddenly change.

Tabish also was asked if he understood that Terry's loyalties could one day become divided. He said he did.

Bonaventure instructed Palazzo, attorney David Chesnoff, Trial Consultants Inc. and investigator Michael Wysocki to hand over those records to Terry by Wednesday.

Palazzo had objected to turning over some of the documents, saying that Terry was asking for records that are covered by attorney-client privilege. The only documents not covered, he said, are those that show the amount of the fee, how it was paid and by whom.