Binion funeral costs at center of dispute

Kim Smith

Monday, Nov. 27, 2000 | 11:15 a.m.

Just because Rick Tabish and Sandy Murphy have been convicted of murder in the death of Ted Binion does not mean they are legally liable for his funeral expenses.

At least that is what the couple's attorneys plan to argue during a hearing next Monday before District Judge Michael Cherry.

Attorneys for Binion's daughter, Bonnie, and Binion's estate claim that Murphy and Tabish are automatically liable for Binion's funeral expenses because they were convicted in May of first-degree murder.

Cherry was scheduled to make a ruling in the matter today, but the hearing was postponed until Dec. 4 because of scheduling conflicts.

In a response to the state's motion, Tabish's attorney Robert Murdock argues the conviction is merely a "rebuttable presumption"

"The plaintiffs cannot establish, as a matter of law, that Mr. Tabish is liable to Bonnie Binion and, or the estate for anything," Murdock wrote. "The only thing the conviction establishes is a presumption. As this court is well aware, the defendant certainly can produce facts, which can rebut same."

Murdock points out to Cherry in his motion that if Cherry were to make Tabish, 35, and Murphy, 28, pay for the funeral based on their conviction and that conviction was later overturned, Cherry would end up having to reverse his decision.

A jury convicted Tabish and Murphy, who was Binion's live-in girlfriend, of killing Binion, 55, in September 1998 and stealing the wealthy gambling figure's fortune.

Tabish, a Montana contractor who was having an affair with Murphy, was strapped for cash and prosecutors believe he needed a large amount of money to buy out a Jean sand pit company.

The pair were sentenced to 20 years to life in prison on the murder charge in August.

Although they were ordered to pay restitution by District Judge Joseph Bonaventure, it is not unusual for plaintiffs in wrongful death lawsuits to ask that defendants be held accountable for funeral expenses in case the criminal convictions are overturned, Murdock said this morning.