State to return silver to Binions

Kim Smith

Thursday, June 1, 2000 | 11:19 a.m.

Despite the objections of defense attorneys, District Judge Joseph Bonaventure ordered the state this morning to return Ted Binion's $6 million silver fortune to his estate.

Bonaventure gave prosecutors and defense attorneys 20 days to videotape and photograph the silver, which has been stored in a warehouse since shortly after Binion was murdered Sept. 17, 1998.

The judge also set a Nov. 13 trial date for David Mattsen and Michael Milot, the two men who, along with Rick Tabish, are accused of digging up and stealing the silver two days after Binion, 55, died.

Two weeks ago, Tabish and Sandra Murphy, Binion's live-in girlfriend, were convicted of murdering the former casino executive and stealing the silver. The jury recommended they be sentenced to life in prison with the possibility of parole after 20 years.

The pair are expected to be formally sentenced Aug. 11 for the murder and on a multitude of other charges, including false imprisonment and robbery.

Attorney James J. Brown asked Bonaventure to release the silver to Binion's family, saying that it has cost Binion's estate $85,000 to store and transport the silver since the slaying.

The estate is paying $200 a day to keep the 48,000 pounds of silver bars and coins under tight security.

Brown pointed out that if Bonaventure forced the state to keep the silver as evidence until Milot and Mattsen's trial, it would cost the estate an additional $9,000.

Mattsen's attorney, James Buchanan, told Bonaventure he wouldn't be opposed to having the silver stored in its original storage space -- a vault at Binion's Horseshoe.

And, Milot's attorney, Anthony Sgro, said the silver should be kept because it is "at the heart" of his client's case and the jury needs to see it.

Defense attorney John Momot, who was representing both Tabish and Murphy at this morning's hearing, said he would like the silver kept until the appeals process is over.

Bonaventure agreed with Chief Deputy District Attorney David Roger in that the silver should be videotaped and photographed for the jury and appellate judges. He also said a representative sample of the silver should be kept.

"This court is of the opinion that the Binion family has suffered enough," Bonaventure said. "It is time to end the victims' suffering."

Bonaventure also set a Dec. 11 hearing for Steven Wadkins and John Joseph, who are accused along with Tabish of torturing Leo Casey two months before Binion died in a successful attempt to get him to sign over his shares of a sand pit and equipment company.

Tabish was convicted in connection with that incident as well.