Crucial Binion witness missing

Wednesday, March 1, 2000 | 11:22 a.m.

David Mattsen, whose cooperation is being sought in the Ted Binion murder case, has not been in contact with his lawyer or wife since Monday afternoon, his lawyer said this morning.

"He's missing right now," James "Bucky" Buchanan told the Sun this morning. "No one's heard from him."

On Tuesday Buchanan told the Sun that he believed Mattsen had gone "off the deep end" during negotiations with prosecutors seeking his testimony against Binion's accused killers, Rick Tabish and Sandy Murphy.

Buchanan said today friends found the white pickup Mattsen was driving at a local bar on Nellis Boulevard Tuesday afternoon.

Despite Mattsen's apparent disappearance, Buchanan said he still expects Mattsen to contact him before the start of his federal firearms trial on Monday.

Sources close to the Binion case have told the Sun that the 54-year-old Mattsen is concerned about his safety and has been hiding out in Las Vegas.

Those same sources said Mattsen has said he no longer trusts anyone, including prosecutors and his own lawyer.

Buchanan said he still wants to represent Mattsen and is preparing to go to trial without his client if necessary.

Chief Deputy District Attorney David Roger, the lead prosecutor in the Binion case, said this morning that he's still interested in hearing what Mattsen knows about Binion's Sept. 17, 1998, slaying.

"There's significant circumstantial evidence suggesting Mattsen was at Ted Binion's house the day of the murder," Roger said.

Mattsen, he added, had a "window of opportunity" to be at the home during the morning hours, when police believe Binion was killed.

Mattsen's wife, Thressa Mattsen, has told a Clark County grand jury that her husband went to Las Vegas between 6 and 7 p.m. on Sept. 16, 1998, and had not returned to the couple's trailer in Pahrump by the time she went to bed at 10 p.m.

Before leaving for Las Vegas, Mattsen had telephoned Tabish's cellular phone at 3:36 p.m., records show.

Mattsen apparently was back at his Pahrump home by 10:47 p.m.

Records show that from 10:47 p.m on Sept. 16 to 1:02 a.m. on Sept. 17, Mattsen made several calls from his trailer to Tabish's cell phone and Binion's home.

Mattsen made another call to Tabish at 6:28 a.m. on Sept. 17.

Thressa Mattsen told the grand jury she saw her husband the morning of Sept. 17, but could not account for his whereabouts the rest of the day.

Mattsen's whereabouts are unknown from the 6:28 a.m. call until he made another call to the Binion home from his Pahrump trailer at 12:03 p.m., records show. That call came a minute before Binion's real estate agent, Barbara Brown, telephoned the home and encountered a frantic Murphy on the other end of the line.

Mattsen also called Tabish at 12:15 p.m. on Sept. 17 and received calls at his home from Tabish at 12:24 p.m. and 1:32 p.m, records show.

Mattsen again telephoned the Binion home at 1:34 p.m., and there were several other calls between Mattsen and Tabish between 1:53 p.m. and 2:52 p.m.

Prosecutors believe Mattsen has a wealth of information to share about Binion's slaying.

But Buchanan said today that the last time he talked to his client was Monday afternoon, Mattsen had made it clear that he didn't want to cooperate with prosecutors.

Talks aimed at reaching an agreement faltered after Mattsen tried to meet with Binion's sister, Becky Behnen, at the Horseshoe Club, Buchanan said.

"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."

District Attorney Stewart Bell said he learned that Mattsen had made a "pest of himself" at the Horseshoe Club.

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

Mattsen also is charged with Tabish and Murphy in the theft of Binion's $6 million silver fortune in Pahrump two days after his death.

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