Binion murder trial delayed for two weeks

Tuesday, March 7, 2000 | 11:16 a.m.

District Judge Joseph Bonaventure today granted defense lawyers a two-week continuance in gaming executive Ted Binion's murder trial, which had been set to get under way Monday.

A new March 27 starting date was set.

"It is this court's belief that the request for continuance was made in good faith and not for the purposes of delay," Bonaventure said in a prepared statement on live television.

"While this court has set ample time for counsel to prepare, a two-week continuance is neither unwarranted nor unreasonable when considering the undertaking about to begin."

Late Friday, attorneys Louis Palazzo and John Momot, who represent Binion's accused killers, Rick Tabish and Sandy Murphy, filed a motion seeking the continuance on grounds prosecutors have "bombarded" them with "vast amounts" of new evidence in the case on the eve of the trial.

"Defense counsel's ability to adequately prepare for the trial is greatly hindered by this new production of discovery, which seems to have no end in sight," the lawyers wrote.

Palazzo and Momot said they've received 3,500 pages of documents from prosecutors within the past two weeks.

That included 1,234 pages of wiretap transcripts in the just-disclosed alleged plot by Tabish to pay off alibi witnesses. The transcripts were made available after prosecutors struck a deal with Tabish friend, Jason Frazer, to testify about the reported alibi scheme.

Chief Deputy District Attorney David Roger, the lead prosecutor in the case, did not oppose the two-week continuance.

Roger, who last week issued subpoenas for more than 200 trial witnesses, acknowledged that nearly 40,000 pages of documents have been gathered for the trial, which is expected to last as long as three months.

Bonaventure today also denied defense motions aimed at tossing out key evidence seized by police during the well-publicized Binion investigation.

One motion alleged private detective Tom Dillard, who has been probing Binion's September 1998 slaying for his estate, contaminated the death scene at the gambling figure's 2408 Palomino Lane home.

The motion sought to bar prosecutors from using any evidence at the trial that was provided by Dillard.

From the beginning of the investigation into Binion's slaying, Dillard has acknowledged being close friends with Roger, and he has said his orders from the Binion estate were to cooperate fully with homicide detectives.

Palazzo and Momot argued that Dillard's "twin hats" allowed him to pursue evidence without the normal constraints placed on police.

But Bonaventure said he found no evidence that Dillard was acting on behalf of the police or that detectives encouraged him to violate the due process rights of Tabish and Murphy.

"Mr. Dillard never answered to anyone but to those employed by the Binion estate or family," Bonaventure said. "Mr. Dillard had an ongoing parallel probe."

Bonaventure said he didn't want to set a precedent for discouraging private citizens from assisting police.

This morning Dillard said he was pleased with the judge's decision.

"I'm not surprised," he said. "I kind of thought it would go this way, and we're still investigating."

Also today Momot told Bonaventure he no longer wants the judge to declare Murphy indigent and entitled to taxpayer funds.

Bonaventure had allowed Murphy, who clams to have no funds of her own, to receive up to $20,000 in public funds for legal fees.

But last week Bonaventure expressed concern that Murphy might be living a life of luxury after hearing she had moved into a posh apartment at the Regency Towers at the Las Vegas Country 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.