Murphy lawyers seek immunity for snitch

Thursday, May 24, 2001 | 10:12 a.m.

Former jailhouse informant David Gomez, now serving time for perjury in federal prison, has resurfaced in the Ted Binion murder case.

Lawyers for Sandy Murphy, one of Binion's convicted killers, want District Attorney Stewart Bell to obtain immunity for Gomez so that he can testify about alleged misconduct by prosecutors in the murder investigation.

Two previous defense attempts to bring out the allegations failed when Gomez, while housed at the Clark County Detention Center, asserted his Fifth Amendment right against self-incrimination and failed to answer questions under oath in court.

The defense previously has claimed that Chief Deputy District Attorney David Roger, the lead prosecutor in the case, conspired with jail officials to plant Gomez in the same cell block as Murphy co-defendant, Rick Tabish, to steal Tabish's confidential notes prior to last spring's trial.

Roger has called the allegations "false" and "slanderous" and coming from a three-time convicted felon who has no credibility.

But Murphy attorney Herb Sachs said this morning that Roger's boss, District Attorney Stewart Bell, has an obligation to seek the truth about what Gomez has alleged in the past.

Sachs said he was hand-delivering a letter to Bell today asking for the grant of immunity.

"I am not accusing the district attorney of any unlawful or unethical conduct, but he should get Mr. Gomez immunity so his accusations can be aired out," Sachs said. "If they don't get him immunity, it will be perceived as a coverup."

Bell was out of town and could not be reached for comment this morning.

But the district attorney is not expected grant Sachs' request.

Last August, when District Court Judge Joseph Bonaventure tossed out the informant's allegations in court, Roger charged that Gomez had psychological problems and a hard time telling the truth.

Gomez later was ordered to undergo a psychiatric evaluation in federal prison.

Sachs is working on Murphy's appeal to the Nevada Supreme Court and a motion for a new trial based on prosecutorial misconduct.

Murphy and Tabish were convicted May 19, 2000, of killing Binion at his 2408 Palomino Lane home. Prosecutors alleged the killers pumped the wealthy gambling figure with drugs and suffocated him.