Feuding intensifies within defense team in Binion case

Tuesday, Nov. 28, 2000 | 11:02 a.m.

Defense team infighting in the Ted Binion murder case has intensified as lawyers for his convicted killers have sought a four-month extension to file their appeal briefs with the Nevada Supreme Court.

Prosecutors aren't opposing the additional time, which means appeals for Sandy Murphy and Rick Tabish could be filed as late as June. The current filing deadline is February.

Harvard University law professor Alan Dershowitz is said to be helping lawyers for Murphy and Tabish prepare their appeals. Both defendants were convicted in May of killing Binion on Sept. 17, 1998.

Murphy's lead attorney, John Momot, recently found himself sued by her latest benefactor, 84-year-old William Fuller, who is footing the bill for her appeal.

The complaint, filed Oct. 19, was part of a counterclaim by Fuller in a legal dispute with defense team investigator Michael Wysocki.

Earlier this year, Wysocki sued Fuller, a wealthy, Irish-born mining executive, for failing to pay him $37,338 in investigative fees.

In his response, Fuller said Momot, who worked with Wysocki, was liable for any fees owed the private investigator.

Fuller also contended that he fired Wysocki in April after he had "double-billed" and "overcharged him" for work on the case.

Wysocki sat at the defense table during much of the murder trial at his own expense merely as an observer, Fuller said.

But Wysocki's attorney, John Fadgen, on Monday charged that Fuller's claims were "totally incorrect."

Fadgen said Wysocki was much more than an observer and worked every day of the trial on behalf of the defense.

He also said it was "ludicrous" to suggest that Wysocki had overcharged Fuller.

"If anything, he undercharged him," Fadgen said. "I've worked with Mike on several cases. He was like my right-hand man. I think he's the best investigator in town."

Fadgen said he found it odd that Fuller, who has spent a lot of money on lawyers for Murphy's defense, filed his counterclaim and complaint without the help of an attorney. Fuller personally signed both documents.

Momot, who has been paid more than $250,000 by Fuller for his trial work, filed a response to Fuller's complaint last week, saying he was not responsible for paying Wysocki.

Wysocki contracted directly with Fuller for his services, Momot said.

Fuller's discontent with Wysocki is said to be deeper than the dispute over Wysocki's fees.

It reportedly stems from Wysocki's failure to get along with another defense team member, William Cassidy, a shadowy private investigator from California.

Fuller paid Cassidy $217,000 for three months work as a consultant during the trial.

Cassidy, now a top City Hall aide to Las Vegas Mayor Oscar Goodman, privately accused Wysocki of being too close to another investigator, Tom Dillard, during the trial. Dillard, hired by Binion's estate, worked closely with prosecutors on the case.

This morning, Dillard said it was "preposterous" to think that Wysocki shared defense secrets with him during the trial.

"Mike Wysocki is one of the most ethical investigators that I know," Dillard said. "I have great respect for him, unlike other investigators on the defense team."

Wysocki was a witness for Dillard in his litigation against Cassidy for allegedly threatening Dillard's life. Dillard contended Cassidy had asked Wysocki to convey the death threat to him, a charge Cassidy denied.

In July, Cassidy came under fire from Tabish's lawyer, William Terry, who contended the investigator secretly had called the shots for the defense during the trial against his client's interests.

Terry, in a motion for a new trial for Tabish, alleged that Cassidy had made several unfulfilled promises to the defense team, such as guaranteeing that Dillard and key prosecution witness Leo Casey would be indicted prior to the trial.

Troubles within the defense during the trial are expected to be addressed in the Supreme Court appeals.