Jurors deliberate second day in Binion case

Thursday, May 11, 2000 | 4:25 a.m.

Jurors in the Ted Binion case interrupted their deliberations Thursday to ask for clarification on a kidnapping charge.

Jurors began deliberating the fate of Sandra Murphy and Rick Tabish on Wednesday. The two are charged with murdering Binion Sept. 17, 1998, then stealing his valuables.

The jury wanted to know if a person is found guilty of false imprisonment and extortion, does that elevate the charge of kidnapping?

District Judge Joseph Bonaventure told jurors no.

Prosecutor David Roger said he wasn't sure what the jury meant by "elevate" the charge of kidnapping.

Tabish is charged with kidnapping and extortion stemming from an incident at a Jean sand pit where he is alleged to have tortured the pit's owner into turning over his interest in the business.

If jurors don't find Tabish guilty of kidnapping, they can find him guilty of a lesser charge of false imprisonment, Roger said.

Murphy does not face kidnapping and extortion charges.

Prosecutors claim Binion, a former casino executive, was forced to ingest a lethal dose of heroin and the prescription drug Xanax, then was suffocated.

The defense contends Binion overdosed on heroin and Xanax, but it was either accidental or suicide.