Mattsen deal off, DA says

Monday, March 6, 2000 | 11:39 a.m.

A prosecutor said Sunday he no longer is seeking David Mattsen's cooperation in the Ted Binion murder case.

"It's over," Chief Deputy District Attorney David Roger told the Sun. "I have no desire to speak with David Mattsen anymore."

Roger said he believes Mattsen, who is standing trial today on federal firearms charges, has "ulterior motives," including an interest in obtaining reward money for his testimony against Sandy Murphy and Rick Tabish, the two people charged with killing Binion.

"The prosecution is not going to call a witness whose credibility is compromised," Roger said.

Last week Mattsen's lawyer, James "Bucky" Buchanan, said his client's erratic behavior killed any chance of striking a deal to testify at the Binion trial.

The trial, which could last up to three months, is set to start next Monday, but defense lawyers late Friday filed a motion seeking a two-week delay. District Judge Joseph Bonaventure plans to rule on the motion at a hearing on Tuesday.

Mattsen, who had been hiding out in Las Vegas, appeared in U.S. District Judge Philip Pro's courtroom as jury selection began in his federal weapons case. Mattsen is charged with being an ex-felon in possession of firearms and ammunition.

In court today Pro disclosed that the defense plans to call Roger as a witness during the trial, which is expected to last two days. The defense also plans to call attorneys James J. Brown and Harry Claiborne who represent Binion's $50 million estate. Tabish's former attorney, Steve Wolfson, also is listed as a witness.

Buchanan told the Sun early last week that Mattsen had "gone off the deep end" during negotiations with prosecutors because he was afraid for his life.

By the end of the week Buchanan described Mattsen's behavior as "paranoid," and he said he didn't believe Mattsen's life was in danger.

Mattsen met with Binion's sister, Horseshoe Club President Becky Behnen, at her home Friday night for a little more than two hours.

"He led me to believe that he was at the house at one point when Ted died," Behnen said. "He wanted to tell me his story."

Behnen said Mattsen told her he wanted to make a deal with prosecutors, but they wouldn't listen to him.

She said she didn't believe everything Mattsen told her.

Roger has publicly said that Mattsen, charged in state court with helping Tabish and Murphy steal Binion's silver fortune, wanted an agreement without telling him what he knows about Binion's death.

Prosecutors share Behnen's belief that Mattsen was at Binion's home at some point the day the wealthy gambling figure was killed.

Roger said Mattsen had a "window of opportunity" to be at the home during the morning hours Sept. 17, 1998, when police believe Binion died.

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.

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.