Judge issues gag order in Binion murder case

Wednesday, March 22, 2000 | 11:27 a.m.

District Judge Joseph Bonaventure issued a gag order today barring attorneys, witnesses and court employees from talking with the media during the Ted Binion murder trial.

Bonaventure said the increasing amount of media coverage in the well-publicized case has threatened the integrity of the judicial system and the right of the defendants, Sandy Murphy and Rick Tabish, to a fair trial.

He said both sides in recent weeks have sought to manipulate the media and the potential jurors in the case.

"This court has observed a virtual pipeline of information to particular journalists from both the defendants and the prosecution," Bonaventure said. "Guilt or innocence must be determined in the courtroom -- not the market place of public opinion."

Bonaventure also said today he will not sequester the jury at night during the expected two-month trial, which gets under way on Monday. That is expected to save taxpayers thousands of dollars in hotel bills.

The judge, however, said he is taking several measures to protect the jury from contact with the reporters and the public, and he didn't rule out the possibility of putting up the jury in a hotel during its deliberations.

Prosecutors, meanwhile, filed court papers late Tuesday urging Bonaventure to keep Murphy behind bars.

This came as Murphy's lawyer, John Momot, proposed releasing her from the Clark County Detention Center with an increase in her $300,000 bail.

Bonaventure was to hold a hearing this morning to decide what to do with Murphy, who appeared in court wearing jail garb.

Murphy was arrested last Thursday for the second time in five months for violating the terms of her house arrest.

In his papers, Chief Deputy District Attorney David Roger said Murphy has demonstrated a disregard for house arrest rules and now poses a flight risk on the eve of the murder trial. Murphy and Tabish, her reported lover, are accused of killing Binion in September 1998 and stealing his valuables.

"At the very outset of this case, the state informed the magistrate that the defendant was not a suitable candidate for house arrest," Roger wrote. "Defendant's repeated violations of the rules and regulations that all house arrest defendants must follow have proven that the state was correct.

"Defendant was given an opportunity to enjoy freedom while awaiting serious murder charges. It is the defendant's misconduct that has landed her in jail. Now, the defendant must suffer the consequences during the remaining months of this litigation."

Roger pointed out that Bonaventure scolded Murphy following her last arrest in October for her "cavalier attitude" toward authority.

"It is apparent that the court's admonishment fell on deaf ears," Roger said.

Roger added that Murphy's $300,000 bail was not posted by her, but rather by a wealthy benefactor.

"As a result, defendant has nothing to lose by fleeing the jurisdiction before conviction," he said.

Momot, however, said in his papers that "but for one prior infraction" Murphy has complied with all of the conditions of house arrest.

He suggested that a "reasonable increase in bail" coupled with "intensive supervision" would ensure his client's presence at trial.

"It is respectfully submitted," Momot said, "that counsel cannot emphasize enough the need for the defendant's out-of-custody assistance during the course of the upcoming trial due to the amount of witnesses and the complexity of this case."

Last week, following Murphy's arrest, jail officials told the Sun they would recommend kicking Murphy out of the house arrest program.

Murphy was taken into custody about 4:30 p.m. last Thursday at her new Regency Towers apartment at the Las Vegas Country Club for lying to jail officials about her whereabouts a month ago, officials said.

Officials said Murphy told officials Feb. 17 that she was at her attorney's office, but witnesses placed her at Walker Furniture that day. She had permission to move into the Regency Towers that evening.

In his papers, Roger said three Walker Furniture employees saw Murphy and local radio disc jockey Craig Williams at the store between noon and 9 p.m.

"Defendant was overheard saying that she was having a housewarming soon and that she needed furniture for her house quickly," Roger said.

Murphy was jailed Oct. 21 on another house arrest violation after officials discovered she had left her then Henderson apartment all day without notifying them. She maintained that she was at her lawyer's office. Before her arrest, homicide detectives secretly watched Murphy going into a tanning salon a couple of times.

The detectives were investigating reports that Murphy was planning to flee to the Philippines.

Police had received an anonymous tip that Murphy was looking to hire an airline pilot and pay a locksmith to remove her electronic ankle bracelet.

The Sun has received unconfirmed reports that Murphy tried to find a locksmith again prior to her recent arrest.

Momot has insisted that Murphy is looking forward to her trial and is not a flight risk.

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

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