Mattsen ready to tell truth on stand

Tuesday, March 7, 2000 | 11:31 a.m.

After a week of hiding out, David Mattsen said he planned to take the witness stand today to "tell the truth" in his federal firearms trial.

"I'm not going to lie about anything," Mattsen told reporters during a break in his trial Monday in the courtroom of U.S. District Judge Philip Pro.

Mattsen, also charged in the theft of Ted Binion's $6 million silver fortune in Pahrump, has been sought as a cooperating witness in the state case against the gambling figure's accused killers, Sandy Murphy and Rick Tabish.

But over the weekend, Chief Deputy District Attorney David Roger told the Sun he no longer was interested in striking a deal with Mattsen, whose credibility has been "compromised" because of last week's erratic behavior.

Mattsen's lawyer, James "Bucky" Buchanan, said Mattsen, whom he described as having "gone off the deep end," probably killed any chance of an agreement with prosecutors.

On Monday, Mattsen, who once managed Binion's ranch in Pahrump, appeared calm and coherent, as he and Buchanan battled the weapons charges in federal court. He said he no longer feared for his life having met Friday night with Binion's sister, Horseshoe Club President Becky Behnen.

Behnen said Mattsen led her to believe he was at her brother's 2408 Palomino Lane home at some point during the murder conspiracy.

But his version of the facts, which allege Binion was restrained by his accused killers the night before his Sept. 17, 1998, slaying, differs with prosecution witnesses who saw Binion outside his home on the morning of his death.

Roger believes Mattsen had a "window of opportunity" to be at the home during the morning hours of Sept. 17 when police believe Binion died. Police have not charged Mattsen in Binion's death, but they have been looking for evidence of his possible role.

In federal court Monday, Buchanan mounted a furious assault on the weapons charges against his client.

"This case isn't about guns," Buchanan told the 12-member jury in his opening statement. "This case is about the Ted Binion murder case."

Mattsen is charged with illegally possessing seven handguns and some ammunition seized by Metro Police homicide detectives during a March 9, 1999, raid on Mattsen's trailer home in Pahrump. Detectives had obtained court-approved warrants to search the residence for evidence linking Mattsen, a two-time convicted felon, to Murphy and Tabish.

Michael Karstedt, an investigator with the district attorney's office, testified that Mattsen told him during the search that the guns, which were found in his bedroom, belonged to him.

But Buchanan said he planned to present evidence during the trial that will show the firearms belonged to Binion, an avid gun collector, and not Mattsen.

He said Mattsen would testify that Roger persuaded federal prosecutors to file charges against Mattsen to move him to cooperate in the murder probe.

The trial was expected to wrap up either this afternoon or Wednesday morning.

Mattsen is scheduled to stand trial in the theft of Binion's silver after the murder case, which now is expected to get under way March 27.

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.