Mattsen could still talk in Ted Binion murder case

Wednesday, March 8, 2000 | 11:12 a.m.

He no longer has federal firearms charges hanging over his head.

But David Mattsen still may have incentives to cooperate with prosecutors in the Ted Binion murder case.

A federal jury, in a decision that surprised prosecutors, acquitted the 54-year-old Mattsen of all charges of being an felon in possession of firearms after a two-day trial in the courtroom of U.S. District Judge Philip Pro.

"I don't consider this a major setback," said Tom Dillard, a private investigator working closely with Metro Police homicide detectives probing Binion's September 1998 slaying. "He's still not off the hook. He's still looking at the silver charges."

And still looming on the horizon is a $100,000 reward offered by Binion's estate for information leading to the conviction of those responsible for the former casino executive's death.

Binion's girlfriend, Sandy Murphy, and her reported lover, Rick Tabish, are set to stand trial March 27 on charges of killing the 55-year-old Binion at his 2408 Palomino Lane home.

Though Chief Deputy District Attorney David Roger, the lead prosecutor in the Binion case, said this week he no longer is interested in talking to Mattsen, there were signs that Mattsen still wants to disclose what he knows about Binion's slaying.

After the verdict, Mattsen, who told reporters he "felt great," again said he didn't understand why prosecutors refused to listen to him.

The self-described "cowboy" has told Binion's sister, Horseshoe Club President Becky Behnen, that he was at the Palomino Lane home at some point with the gambling figure's accused killers. But his contention that Binion was restrained the evening before his death contradicts prosecution witnesses who saw the gambling figure outside his home in the early hours the day of his death.

Mattsen also reportedly is not fond of the boisterous Murphy, a 28-year-old one-time topless dancer who lived with Binion in the three years leading up to his death. Murphy and Tabish, a 34-year-old convicted felon from Montana, are charged with Mattsen in the theft of Binion's Pahrump silver fortune two days after his slaying.

Before Tuesday's verdict, Mattsen took the witness stand in his own defense, insisting the weapons case was brought about because of his connection to the Binion investigation.

"I think they were trying to hang me out for something," Mattsen told the jury under questioning from his lawyer, James "Bucky" Buchanan. "All I did was be a good friend to Ted Binion."

Homicide detectives, looking for financial ties between Mattsen and Murphy and Tabish, found seven weapons in his bedroom during a March 9 raid on his Pahrump mobile home. By law Mattsen is barred from having any guns in his possession because of his 1972 and 1982 felony convictions.

But Mattsen, who managed Binion's ranch in Pahrump until his death, denied ever possessing the weapons.

His wife, Thressa Mattsen, testified that the weapons inadvertently were removed from the couple's trailer on the ranch after Binion's death when lawyers from his estate kicked them out without warning.

She said she discovered the weapons with other belongings at their new mobile home outside the ranch and hid them in her husband's bedroom. At the time, her husband was in jail on the theft charges.

David Mattsen testified that he never knew the firearms, which included rifles and shotguns, were inside his bedroom until police executed search warrants last March at his mobile home. He also testified that the weapons belonged to Binion.

The federal trial capped a tumultuous week for Mattsen that began Feb. 28, when he unsuccessfully sought to meet with Behnen and then went into hiding in the middle of negotiations with prosecutors who were hoping to use his testimony against Tabish and Murphy.

After Mattsen bolted, Buchanan said his client had "gone off the deep end" and probably killed any chance of an agreement with prosecutors.

Over the weekend Roger told the Sun he no longer was interested in striking a deal with Mattsen, whose erratic behavior, he said, had "compromised his credibility."

Roger made his comments after learning that Mattsen had ended up meeting late last week with Behnen.

On Monday Mattsen appeared calm and collected, as he and Buchanan showed up in federal court to battle the weapons charges. He said he no longer feared for his life after meeting with Behnen.

Buchanan, meanwhile, mounted a furious assault on the weapons charges.

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

In his closing statement, Assistant U.S. Attorney Thomas O'Connell urged the jury not to be distracted by Buchanan's attacks and to "keep your eye on the ball."

But in the end, panel members took less than two hours to acquit Mattsen.

Afterward, Mattsen said he was thankful that he had the "best attorney in the United States."

Some legal observers said Mattsen may have helped restore his credibility with his testimony on the witness stand.

But if there is any chance of new talks with prosecutors, Buchanan gave little indication of that after the verdict.

The attorney came out firing again.

"I think this is the opening salvo in the Binion murder case," he said. "This is going to put a crimp in what they thought was an impregnable wall."

Roger said this morning that he believed the verdict will have "no effect" on the upcoming Binion trial.

"Bucky Buchanan is not even involved in the murder case, and I doubt that he's spent a great deal of time reviewing the evidence," he said. "Therefore, his opinions are worthless to me."

Staff writer Kim Smith contributed to this report.