Sides are ready for long-awaited start of Binion murder case

Thursday, March 30, 2000 | 11:25 a.m.

Las Vegans at long last will get a chance Friday to hear attorneys on both sides in the Ted Binion murder case explain their theories on the wealthy gambling figure's well-publicized death.

Opening statements in the biggest murder trial in Las Vegas history are scheduled to begin at 9:30 a.m. under tight security in the courtroom of District Judge Joseph Bonaventure, a seasoned no-nonsense jurist.

Prosecutors have alleged that Binion's live-in girlfriend, Sandy Murphy, and her reported lover, Montana contractor Rick Tabish, pumped the former casino man with drugs and suffocated him at his home on Sept. 17, 1998.

But defense lawyers contend that Binion, a known heroin and alcohol abuser, killed himself in a drug overdose.

Both sides have well-known forensic experts to back up their theory of Binion's death.

Chief Deputy District Attorney David Roger, the lead prosecutor in the case, will be the first to deliver his opening statement.

On Wednesday Bonaventure gave Roger permission to refer to an explosive quote from Binion's estate lawyer, James J. Brown, during his statement to the jurors.

Brown has testified that Binion, the son of the late legendary gaming pioneer, Benny Binion, told him the day before his death to remove Murphy from his will.

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

At the preliminary hearing for Murphy and Tabish last September, Roger weaved a tale of love, betrayal and greed when laying out his case for the first time.

He charged that Murphy and Tabish had fallen in love and conspired to kill Binion for his money.

"She had a new flame in her life, and she wanted to move on based on Ted Binion's money," Roger said of Murphy, a 28-year-old former topless dancer.

Tabish, 35, a married convicted felon who comes from a prominent Montana family, was hoping to gain access to Binion's wealth to ease his failing businesses, Roger charged.

The prosecutor alleged that the 55-year-old Binion was restrained with his own handcuffs, forced to drink a liquid mixture of the heroin he had bought the night before he died and then was suffocated.

His body was discovered on the floor of his den next to an empty bottle of the prescription sedative Xanax. Police have concluded that his accused killers staged the death scene.

The suffocation theory was unveiled during the preliminary hearing when Dr. Michael Baden, a celebrated New York pathologist, took the witness stand.

Baden, director of forensic sciences for the New York State Police, testified that Binion was suffocated by a 19th century method called "burking," in which the killer sits on the chest of the victim and covers the victim's nose and mouth.

His testimony contradicted Lary Simms, Clark County's chief medical examiner who had performed the autopsy on Binion's body. Simms has concluded that Binion was forced to ingest fatal doses of heroin and Xanax, which were found in his stomach.

But the defense contends Binion willingly took the drugs.

Dr. Cyril Wecht, a nationally known Pittsburgh pathologist, has provided defense lawyers with a 17-page report that concludes Binion died of "a combined heroin and Xanax overdose" as part of a planned suicide.

"I believe that Mr. Binion initially inhaled heroin smoke, as he had in the past, and this led to thoughts of suicide," Wecht wrote.

The defense contends that Binion was despondent and had returned to using heroin after his gaming license at the Horseshoe Club was revoked months before his death because of ties to an underworld associate.

Attorneys John Momot and Louis Palazzo, who represent Murphy and Tabish, are expected to touch on that theme during their opening statements Friday.

The lawyers also are likely to lay blame for Binion's death on his heroin supplier, Peter Sheridan, and neighbor, Dr. Enrique Lacayo, who gave Binion the Xanax prescription the day before he died.

Defense lawyers also are expected to chastise Binion's family members for allowing his heroin addiction to get out of hand.

Momot has previously charged that Murphy is the victim of the "Binion money machine," which has not wanted to accept responsibility for the ex-casino executive's demise.

The first of some 110 prosecution witnesses could be called as early as Friday afternoon.

The trial, which is being carried live on Las Vegas 1 and Court TV, is expected to last two months.

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