Columnist Jeff German: Binion case may play a key role in DA’s race

Friday, March 16, 2001 | 3:44 a.m.

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

SANDY MURPHY played musical chairs with her lawyers again last week, firing Thomas Pitaro, her best chance at getting her murder conviction overturned.

But by week's end the courthouse set was talking more about the future of her co-defendant's lawyer, William Terry, who's eyeing a bid for district attorney in 2002.

Terry, one of the finer defense attorneys in town, has been involved in a number of high-profile criminal cases the past two decades.

None have given him more publicity than the Ted Binion murder case, where he has represented both Murphy and her co-defendant, Rick Tabish.

At the moment, Terry is helping Tabish prepare his appeal to the Nevada Supreme Court.

And that's what has the courthouse crowd talking.

Many are wondering how a defense lawyer, who is representing one of the most notorious convicted murderers in Las Vegas history, can run a law-and-order campaign for district attorney.

Terry says he can.

"My philosophy doesn't change whether I'm a prosecutor or a defense attorney," he says. "We're out to make sure that justice is done and the statutes are complied with."

His words are spoken like a true politician. But it seems clear to legal observers that Terry may have a tough time convincing voters that he's tough on crime while pushing for Tabish's release from prison.

Tabish, a 36-year-old Montana contractor, and Murphy, a 29-year-old one-time topless dancer, were convicted last May of killing the wealthy Binion at his home in September 1998 in a cold-blooded scheme to gain access to his millions. Both defendants, who became lovers during the conspiracy, are serving lengthy prison terms.

Their appeals must be filed in Carson City by June 15, about the time Terry will be looking to start raising money for his campaign to become Southern Nevada's top prosecutor.

Arguments before the high court likely won't take place until February 2002, just when Terry will have to organize his campaign.

Terry says his role in the Binion case will be over by March, when he has to formally declare his candidacy.

But if he's fortunate enough to win the race, the case may have a lasting impact on his duties as district attorney.

That assumes he's also successful in overturning Tabish's conviction, which many say is an uphill battle.

If that were to happen, however, Terry would place the office in a real bind.

His potential opponent, Assistant District Attorney Mike Davidson, believes Terry would have to seriously consider recusing the DA's office from retrying the case because of Terry's confidential legal communications with Tabish and Murphy.

That would leave the new prosecution to the attorney general's office, which doesn't specialize in criminal cases. It would mean that Chief Deputy District Attorneys David Roger and David Wall, who obtained the convictions of Murphy and Tabish, would not get another crack at the case.

"If the case were to come back, we would prefer to see the guys who lived and breathed it and know the most about it be able to follow up on any subsequent proceedings," Davidson says.

Terry says that still could happen.

He says the case law for such a scenario was established 20 years ago when Tom Beatty left the county public defender's office for the No. 2 job in the DA's office.

"If and when I'm successful in winning that position, I would have nothing to do with the Binion case," Terry says.

He explains that all he would have to do is issue an interoffice memo ordering his staff not to discuss the case with him.

The office still could handle the new prosecution without his input, and the rights of the defendants would be protected, he says.

But given the way the Binion defendants have been playing musical chairs with their lawyers, there's no guarantee they would go for that option.