Celebrated case heads to jurors

Wednesday, May 10, 2000 | 11:26 a.m.

Ted Binion was killed for "money, love, greed and lust," a prosecutor told a jury this morning.

In the state's final closing argument, Chief Deputy District Attorney David Wall laid out a "classic case" of murder against Binion's 28-year-old live-in girlfriend, Sandy Murphy, and her 35-year-old lover, Rick Tabish.

"If this was suicide and Rick Tabish and Sandy Murphy are wrongly accused, a whole lot of people have to be lying," Wall said.

The case went to the 12-member jury this morning at the conclusion of Wall's remarks.

Prosecutors presented about 90 witnesses detailing the alleged murder conspiracy throughout the six weeks of testimony in the well-publicized trial.

Murphy, a onetime topless dancer, and Tabish, a married Montana contractor, are standing trial in the courtroom of District Judge Joseph Bonaventure on charges of killing Binion Sept.17, 1998, and stealing his valuables.

Wall told the jury that Murphy's relationship with the gambling figure was based on "deceit" and that Murphy was not the Binion "caregiver" she has claimed during the trial.

"For months she looked Ted Binion in the eyes and deceived him," Wall said. "She was concerned about Ted Binion, the ATM machine."

Wall said Tabish, who portrayed himself as Binion's friend, did the same thing while carrying on a romantic affair with Murphy behind his back.

The evidence, Wall said, shows both Murphy and Tabish gave Binion a lethal cocktail of Xanax and then suffocated him at his home while his gardener was working outside on his lawn.

The two defendants then cleaned out his home of valuables after the gardener, Thomas Loveday, left the yard, Wall said.

Wall charged that Murphy appeared upset when she received a 12:04 p.m. phone call from Binion's real estate agent because Binion was already dead, and she was trapped inside the home while Loveday was working.

Wall also suggested that Murphy opened a bottle of wine to "toast" Binion's slaying while she was at Binion's home with her entourage for a brief time the next day.

Prosecutors have alleged that a videotaped tour of the home showing a foul-mouthed, greedy Murphy that day shows her taking a wine glass that was believed to have been used to mix the lethal Xanax drink.

Wall also accused Murphy of acting hysterical the evening of Binion's death as part of the murder conspiracy.

And he charged that Murphy and Tabish were blaming everyone but themselves for Binion's death.

On Tuesday defense attorneys John Momot and Louis Palazzo attempted to punch holes in the prosecution's case during their closing arguments.

Momot, who represents Murphy, tried to discredit the prosecution's star witness, Dr. Michael Baden, a well-known New York pathologist, who has advanced the theory that Binion was pumped with drugs by his accused killers and then suffocated.

Momot told the jurors that four other medical experts, including the prosecution's own witness, Clark County Chief Medical Examiner Lary Simms, all disagreed with Baden that Binion was suffocated.

Simms has agreed with Baden that Binion was the victim of a homicide, but he has concluded he died of a forced overdose of heroin and Xanax.

One of the defense witnesses was Dr. Cyril Wecht, an equally famed Pittsburgh pathologist who like Baden has consulted on numerous high-profile murder cases.

Wecht has concluded that Binion committed suicide with an overdose of heroin and Xanax. But he was forced to acknowledge on the witness stand that the defense spoon-fed him information about Binion's death. Wecht testified that he never was given access to statements from dozens of witnesses alleging the murder conspiracy.

Momot portrayed Murphy as a victim of Binion's drug addiction, saying she was the only one who really cared for him while his family looked the other way.

"He went over the brink with his problem and into the abyss," Momot said.

Momot tried to lay blame for Binion's death on his neighbor, Dr. Enrique Lacayo, who gave him a prescription for Xanax the day before his death, and Peter Sheridan, the casino man's heroin supplier who dropped off 12 balloons of tar heroin that evening.

Momot also attacked the death scene as being "contaminated" by Binion's estate, which had control of his house the day after his death.

And he blamed the "Binion Money Machine" and its private detective, Tom Dillard, for railroading his client on the murder and robbery charges.

Wall rebutted the claim several times during his closing argument.

His first remark to the jury was: "I'm David Wall. I work for the district attorney's office. I don't work for Jack Binion or Becky Behnen (Binion's brother and sister)."

Binion was the son of the late gaming legend, Benny Binion, who founded the Horseshoe Club. His family has been politically connected in Las Vegas for decades.

Momot stressed the Binion prominence in the investigation in his opening argument six weeks ago and throughout the prosecution's case.

But he never presented any witnesses to testify that they were manipulated by Binion's $55 million estate. Momot also never called Dillard or any Binion family members, such as Behnen, the first to publicly suggest foul play in Binion's death, to the witness stand.

Murphy also never testified.

Prosecutors on the other hand presented witnesses who testified that Murphy and Tabish tried to manipulate testimony. Tanya Cropp, a close Murphy friend, testified that Murphy wanted her to lie to investigators, and Jason Frazer, a former Tabish business associate, told the jury about a plot by Tabish to pay off alibi witnesses.

In his closing argument, Tabish's attorney, Palazzo, said prosecutors presented no physical evidence that Tabish was at Binion's house on the morning of his death.

"All they've got is some 90 witnesses talking," Palazzo said. "Well, talk is cheap."

Several times Palazzo attacked prosecutors, saying their case was "sick" and saying it "stinks."

He asked the jury to remember that several key prosecution witnesses received immunity and other favors to testify.

Sheridan, both Palazzo and Momot said, was never given immunity but also was never charged for providing Binion with the drugs they said ultimately led to his death.

Palazzo created a stir in the courtroom toward the end of his argument when he asked Bonaventure if he could hit Tabish over the head with a phone book several times.

"You want to do what to whom?" Bonaventure asked.

Palazzo explained that he wanted to demonstrate the effects of hitting someone with a phone book in the manner in which Leo Casey claimed he was beaten two months before Binion's death.

Tabish also is facing charges of torturing Casey into turning over his interests in a Jean sand pit, but witnesses have testified they saw no marks on Casey immediately after the alleged beating.

After a 20-minute break and a brief hearing outside the presence of the jury, Bonaventure decided against allowing Palazzo to strike his client in court.

"I heard you were a hard-charging attorney, but not a hard-hitting attorney, Mr. Palazzo," Bonaventure said. "I can't allow that."

Earlier, Chief Deputy District Attorney David Roger voiced his opposition to the demonstration, arguing the defense was turning the trial into a "circus."

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