Attorney hopes to meet with Mattsen

Friday, March 3, 2000 | 11:43 a.m.

David Mattsen, whose testimony has been sought in the Ted Binion murder case, is preparing for his federal firearms trial while in hiding, his lawyer said this morning.

"He's calm and rational now, but he's still in hiding," attorney James "Bucky" Buchanan said. "He's still fearful for his life."

Buchanan said he hoped to meet with Mattsen, who has refused to disclose his whereabouts, this afternoon to map out a strategy for Monday's trial in the courtroom of U.S. District Judge Philip Pro.

Metro Police homicide detectives today also planned to meet with Assistant U.S. Attorney Thomas O'Connell, who is prosecuting Mattsen on 11 charges of being an ex-felon in possession of firearms and ammunition. Detectives seized the weapons during a raid on Mattsen's Pahrump home a year ago.

Buchanan said Mattsen's erratic behavior this week has killed any chance of striking a deal to cooperate in the Binion case.

Prosecutors, who believe Mattsen can shed new light on Binion's death, want his testimony against the gambling figure's accused killers, Rick Tabish and Sandy Murphy.

Mattsen, a former Binion ranch manager in Pahrump, is charged with helping Tabish and Murphy steal the wealthy gambling figure's silver fortune two days after his Sept. 17, 1998, death.

Buchanan said he spoke with Mattsen on the telephone Wednesday night and came to the conclusion that he didn't believe his client's life was in jeopardy.

"I think he's just paranoid and reacting to the overall pressure," Buchanan said. "He won't tell me where he is."

On Tuesday Buchanan told the Sun that he believed Mattsen had gone "off the deep end" during negotiations with prosecutors.

He said friends found the white pickup, which Mattsen had been driving, at a local bar Tuesday afternoon.

Sources close to the Binion case said Mattsen had said he no longer trusts anyone, including prosecutors and his own lawyer.

Chief Deputy District Attorney David Roger said this week that investigators have uncovered "significant circumstantial evidence" suggesting Mattsen was at Binion's house the day of his slaying.

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

Police have cellular phone records that show numerous phone calls between Mattsen and Tabish in the hours before and after Binion's death. And Mattsen's wife can't account for his whereabouts for a good portion of the morning of Sept. 17, 1998.

Talks between Mattsen and prosecutors faltered Monday after Mattsen tried to meet with Binion's sister, Becky Behnen, at the Horseshoe Club.

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