Jury set after only two days

Wednesday, March 29, 2000 | 11:16 a.m.

A 12-member jury has been seated in just two days in the well-publicized Ted Binion murder trial.

Following intense questioning from both sides, nine women and three men were selected to sit in judgment of Sandy Murphy and Rick Tabish, who are standing trial in Binion's Sept. 17, 1998, slaying.

Murphy, a 28-year-old one-time topless dancer, and Tabish, a 35-year-old Montana contractor and Murphy's reported lover, are charged with killing the wealthy gambling figure and stealing his valuables. Both are in jail on no bond.

The jury's quick selection was accomplished despite earlier complaints from defense attorneys who tried to persuade District Judge Joseph Bonaventure that their clients could not get a fair trial because of massive media coverage in the case.

A defense motion seeking a change of venue now is expected to fall by the wayside.

Bonaventure, who has imposed a gag order on the case, was said to be happy with the fast pace.

"He's pleased with the progress of the jury selection," said Doug Bradford, an appointed court spokesman. "He seems to be moving quickly while at the same time protecting the integrity of the judicial process."

Bonaventure planned to select six alternate jurors today, give all 18 panel members the day off Thursday and schedule opening statements Friday morning. The prosecution could call its first witnesses as early as 1 p.m. Friday.

Most of the regular jurors selected Tuesday have heard of the 55-year-old Binion's death, but all said they could render an unbiased verdict based on evidence presented during the trial.

The panel members, many of whom have spent considerable time in Las Vegas, come from a variety of backgrounds, including a pharmacist, a registered nurse, a wildlife biologist and a computer network specialist. A retired aerospace industry supervisor also is on the jury.

The nine women all are middle-aged or older.

Legal observers believe that could give the prosecution an advantage as the expected two-month trial heats up. Murphy, who wears designer clothes and has a penchant for living in the fast lane, may not play well in court with the older women, the observers said.

The trial, which will be aired live on Las Vegas 1 and Court TV once opening statements begin, is expected to attract more national and international news organizations as opening statements begin. NBC's "Dateline" news magazine and the Los Angeles Times are among the organizations following the trial.

Prosecutors have alleged that Murphy and Tabish pumped Binion with heroin and the prescription sedative Xanax and suffocated him.

But defense attorneys contend Binion killed himself with an overdose of the drugs.

Chief Deputy District Attorney David Roger has asked Bonaventure to allow him to use an explosive quote from Binion's estate lawyer, James J. Brown, in his opening statement on Friday.

Brown, who is overseeing Binion's $50 million estate, has previously testified that Binion instructed him to remove Murphy from his will the day before he died.

"Take Sandy out of the will if she doesn't kill me tonight," Brown quoted Binion as telling him. "If I'm dead, you'll know what happened."

Those words are expected to come into play during the trial as both sides examine Binion's state of mind prior to his death.

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