Penalty phase begins

Tuesday, May 23, 2000 | 11:08 a.m.

Prosecutors began presenting their case in court today to keep Sandy Murphy and Rick Tabish behind bars for life as a result of Ted Binion's slaying.

Murphy, a 28-year-old former topless dancer, and Tabish, her 35-year-old lover, were convicted Friday of killing the wealthy gambling figure on Sept. 17, 1998, and stealing his valuables.

Both Murphy and Tabish looked grim in court today.

"They have committed the ultimate crime," Chief Deputy District Attorney David Roger said in his opening statement during the penalty phase of the murder trial. "These two people have taken a human life."

Roger said he would present evidence that will show more about "Ted Binion the person, not the heroin addict."

He told the same 12 jurors who convicted Murphy and Tabish that they also will hear more about the character of the two defendants.

Attorney John Momot, who represents Murphy, told the jurors he would present evidence that shows Murphy lived a "normal, trouble free" life.

And Louis Palazzo, who is defending Tabish, asked the panel members not to go along with "Bash Rick Tabish Day."

Roger and fellow Chief Deputy District Attorney David Wall are pushing to keep the defendants in prison for life on the first-degree murder charge, while defense lawyers are fighting for a chance for parole after 20 years.

After hearing testimony today and Wednesday, the jurors will return to the deliberating room to decide Murphy's and Tabish's fate.

Sources close to the defense told the Sun that Tabish has said he wants to take the witness stand when the defense presents its case Wednesday.

Momot said he hasn't decided whether Murphy will testify. Both defendants did not testify on their own behalf during the seven-week trial.

Jurors will make their recommendation to District Judge Joseph Bonaventure, who will pass a final sentence on Murphy and Tabish in about six weeks. Bonaventure also must consider an array of charges other than murder against the two at that time.

Among the other prosecution witnesses listed today is Binion's 19-year-old daughter and chief heir, Bonnie Binion. She testified at the trial about her sometimes stormy relationship with Murphy.

Prosecutors also are considering calling Ted Binion's older brother, Jack Binion, who has stood silent throughout the trial and the lengthy criminal investigation. Binion was in court today sitting in the front row between Bonnie Binion and her mother, Doris Binion.

Jack Binion, the longtime former owner of the family-owned Horseshoe Club, is the executor of his brother's estate. He hired private detective Tom Dillard to investigate his 55-year-old brother's death on behalf of Bonnie Binion.

In January 1999, Jack Binion was the first to publicly accuse Murphy and Tabish of having an affair and stealing his brother's valuables after his death.

Also on the prosecution's witness list are Binion's two sisters, current Horseshoe Club President Becky Behnen, and Brenda Michael, who lives in Texas.

Behnen was the first to publicly urge police to investigate her brother's death as a homicide. She was said to be in an emotional state today and reluctant to testify. On Friday Behnen broke into tears when the guilty verdicts were read.

Prosecutors today expected to bring out Murphy's substance-abuse problems, as well as Tabish's criminal record in Montana. Tabish served time in prison for a 1988 cocaine-trafficking conviction and once was charged with stealing a valuable painting from one of his lawyers.

Murphy's marijuana use was the subject of a complaint filed against Binion during his epic legal battle with state gaming regulators.

Stan White, an agent with the state Gaming Control Board, was expected to testify about a scam by Murphy in 1995 to circumvent a California house-arrest sentence for driving under the influence of alcohol. White investigated allegations Murphy persuaded Binion to go along with the scheme.

Prosecutors also planned to call longtime Binion friend, Joe Gonzaque, to testify about a conversation he had with Binion in July 1997 in which Binion indicated Murphy had attacked him with a large knife.

For the most part, defense lawyers, who have told reporters they believe they have a good shot at overturning the conviction on appeal, aren't talking about who they might call as witnesses at the penalty hearing.

Momot said he was thinking about asking Murphy's father, Kenneth, and her stepmother, Sandra, to take the witness stand again. Both testified at the trial.

Palazzo said he might ask Tabish's parents, Frank and Lani Tabish, to testify Tuesday.

Tabish's wife, Mary Jo, also might end up taking the witness stand. She has remained in Missoula, Mont., with the couple's two small children during all of the criminal proceedings against her husband.

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.