Jury selection process enters a second day

Tuesday, March 28, 2000 | 11:14 a.m.

Jury selection in the Ted Binion murder trial moved into its second day this morning at a faster pace than expected.

District Judge Joseph Bonaventure, prosecutors and defense lawyers seated 12 prospective jurors Monday following intense individual questioning to determine whether the would-be panel members could render a fair verdict in the wake of massive media coverage.

The trial, which will be aired live on Las Vegas 1 and Court TV once opening statements begin, has attracted reporters from national and international news organizations.

Binion's girlfriend, Sandy Murphy, a 28-year-old former topless dancer, and Montana contractor Rick Tabish, her 35-year-old reported lover, are charged with killing the wealthy gambling figure on Sept. 17, 1998, and stealing his valuables. Both are in jail on no bond.

Murphy, wearing a beige pantsuit, showed up Monday in court looking pale and nervous. Tabish, in a navy coat, kept a straight face during most of the day's proceedings.

More than 100 citizens in the jury pool were summoned to court Monday to participate in the jury selection process. A total of 23 people were questioned, with 11 excused for various health, work-related and bias reasons.

Both sides began exercising their challenges this morning with the 12 temporarily seated jurors in an effort to choose a final panel by the end of the week. Each side can ask Bonaventure to remove up to 10 prospective jurors without cause.

Once someone on the panel is challenged, a new prospective juror will be questioned and seated. When each side uses up its 10 challenges, the final jury will be chosen. From there, Bonaventure will go through the same tedious process of selecting six alternate jurors. Each side will have four challenges there.

Before jury selection began, Bonaventure allowed Chief Deputy District Attorney David Roger, the lead prosecutor in the case, and defense lawyers to briefly address the prospective jurors.

Roger explained the state's theory that the 55-year-old Binion's accused killers pumped him with drugs and suffocated him. Attorney Louis Palazzo, who represents Tabish, contended that Binion killed himself with an overdose of heroin and the prescription sedative Xanax.

Both sides have well-known forensic experts to back up their theories.

The defense, meanwhile, is being aided this week by Texas jury consultant Robert Hirschhorn who has worked on several sensational cases.

One prospective juror, an elementary school teacher, made the initial cut, even though she said she had read everything about the case and acknowledged calling it "sick" in her jury questionnaire. Bonaventure kept her on the temporary panel after she said she still believed she could reach a verdict based solely on the evidence.

Another possible juror, a young single woman, told lawyers she thought it would be "pretty cool" to make the final cut. Prosecutors today exercised a challenge and asked Bonaventure to remove the woman from the panel.

Throughout most of the day, Bonaventure, a veteran of more than 21 years on the bench, maintained a sense of humor.

When one would-be juror told him she had once waited on Murphy's lawyer, John Momot, at a downtown casino restaurant, the judge asked, "Was he a good tipper?"

Another prospective juror was kept on the temporary panel even though she wrote on her questionnaire that she thought Murphy was a "fortune hunter."

One woman with three young children was quickly excused after she told the judge sitting on the jury for two months would "ruin" her life.

"We don't want to be responsible for ruining your life," Bonaventure said.

No cameras have been allowed in the courtroom during the jury selection process, and Bonaventure is identifying the prospective panel members by number only.

The faster pace of the selection process has led to talk that opening statements could be made in the high-profile case as early as Thursday.

Prosecutors plan to call 110 witnesses.

Defense lawyers have not ruled out calling Murphy, Tabish and their key family members to the witness stand when they present their case.

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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