Murphy can’t stop sale of Binion home

Wednesday, May 30, 2001 | 10:29 a.m.

District Judge Michael Cherry today refused to block the sale of Ted Binion's $1.5 million home.

At a hearing this morning, Cherry said Sandy Murphy, one of Binion's convicted killers, does not have standing now to stop the sale.

"She is a convicted murderess," Cherry said. "She is not entitled to one dime from Mr. Binion's estate."

Binion had willed Murphy the 2408 Palomino Lane home, its contents and $300,000 in cash, but the Nevada Supreme Court ruled she was not entitled to the inheritance because of her conviction.

A jury in May 2000 found Murphy and her lover, Montana contractor Rick Tabish, guilty of killing Binion at the 8,000-square-foot home on Sept. 17, 1998.

Murphy's attorney, Herb Sachs, said in court papers this month that there was a strong likelihood the Supreme Court would overturn Murphy's conviction, which would make her eligible once more to receive her share of the estate.

But Cherry said Murphy's "got a lot of things to overcome here" in the appeal process.

"I don't want this hanging around my calendar for the rest of my career," Cherry said.

The judge added he has an obligation to resolve Binion's $55 million estate, and selling the house is a priority.

Binion estate lawyers Bruce Judd and Harry Claiborne had maintained Murphy should not be allowed to interfere with the estate's administration.

The Binion lawyers charged that Murphy was attacking the estate as part of a desperate scheme to overturn her murder conviction.

"This court must not permit Murphy to use this probate proceeding to become a play thing as part of her criminal appeal," the attorneys wrote.

Afterward James J. Brown, Binion's longtime attorney, said he has had several offers for the house, one of which was for $1 million in cash.

But Brown said the estate was holding out for the $1.5 million asking price.

Judd and Claiborne also had sought sanctions against Sachs for "scurrilously" claiming that Brown, improperly removed valuable items from the home.

However, Cherry today refused to impose any penalties on Sachs.

That prompted an angry response from Brown, who told the judge he was offended by the tactics of Murphy and her lawyers in trying to discredit him.

"I am tired of being a victim of their litigation strategy," Brown said.