Complaints continue against Murphy team

Wednesday, May 9, 2001 | 10:52 a.m.

Another key prosecution witness in the Ted Binion murder case has reported being harassed by Sandy Murphy's defense team.

Manicurist Deanna Perry told the Sun on Tuesday that she has been receiving late-night telephone calls from the defense team on her unlisted home and cell phones for the past three weeks.

Perry testified during the murder trial that Murphy predicted Binion was going to die of a heroin overdose a week before his Sept. 17, 1998, slaying.

"They're calling me at 9 and 10 at night," Perry said. "They're not rude messages, but I have no reason to talk to them. I feel it's harassment. I just want them to leave me alone."

This comes as Jason Frazer, another important prosecution witness, has obtained a temporary restraining order in Missoula, Mont., to stop Murphy's father, Kenneth Murphy, from having any direct contact with him.

The order, issued late last week, prohibits Murphy from coming within 1,500 feet of Frazer and his Missoula home and trucking business. It also bars Murphy from telephoning him.

A judge has scheduled a May 17 hearing in Missoula on whether to grant Frazer a permanent restraining order against Murphy.

Frazer sought the order after Murphy, a Southern California businessman, told him he planned to come to Missoula this week to talk to him.

In recent weeks Murphy private investigator Ted Gunderson and another man associated with the defense, John Prendeville, have been pressuring prosecution witnesses to come forward with information that will help Murphy win a new trial.

Prendeville, who is not a private investigator, has put the word out that he's representing William Fuller, a wealthy 84-year-old mining executive who has shelled out hundreds of thousands of dollars for Murphy's defense over the past two years.

Murphy, a one-time topless dancer, and her lover, 36-year-old Montana contractor Rick Tabish, were convicted May 19 of killing Binion at his 2408 Palomino Lane home. Prosecutors alleged the 55-year-old gambling figure was pumped with heroin and Xanax and suffocated.

Both defendants are appealing their convictions to the Nevada Supreme Court.

Perry said Gunderson was among those who have telephoned her wanting to talk about the murder case. She said she played a tape of Gunderson's most recent phone message for Chief Deputy District Attorney David Roger, who prosecuted Murphy and Tabish.

Gunderson, who once headed the Los Angeles FBI office, also has contacted Frazer, who testified about a plot hatched by Tabish to pay off alibi witnesses.

The Nevada Private Investigators Licensing Board this week stepped up its probe into allegations Gunderson and others associated with the defense team are working in the state without a license.

An investigator has been in Las Vegas all week conducting interviews.

Roger, who has accused Murphy of trying to manipulate witnesses from her prison cell, was among those questioned.

"I'm concerned that non-licensed investigators are harassing witnesses," Roger said this morning. "If their efforts continue in this manner, I believe the witnesses will have to consider alternative means to stop them."

Roger said the Murphy defense team appears out of control.

"There's no supervision over their activities by an objective employer," he said. "In my experience I have never seen this type of investigative effort used after a trial. Their actions can only be described as desperate."

Murphy's lawyer, Herb Sachs, denied that the defense was acting in a desperate manner.

"We have a very viable appeal," Sachs said. "We're just trying to gather information for a motion for a new trial to get an innocent person out of jail before the appeal is heard."

Sachs also denied that Gunderson was harassing the prosecution's witnesses.

"Ted Gunderson is a former FBI guy who knows how to treat people," Sachs said. "He's not going to harass people. He's been told specifically by me that if people refuse to talk, just walk away and say thank you."

Gunderson has not responded to requests for interviews, and Prendeville has referred comments to Sachs.

Fuller, who Sachs has said is paying for the latest Murphy defense effort, also has not responded to interview requests.