Murphy’s lawyers fight for bail while appeal considered

Tuesday, Oct. 9, 2001 | 8:59 a.m.

Lawyers for Sandy Murphy on Monday asked District Judge Joseph Bonaventure to release her from prison on bail while she appeals her murder conviction in the death of Ted Binion.

In an eight-page motion, Las Vegas attorney Herb Sachs and Harvard University law professor Alan Dershowitz said the 29-year-old Murphy was entitled to bail under the Nevada Constitution while the Nevada Supreme Court considers her case.

"Sandra Murphy has always maintained that she is innocent of the charges against her and that Binion's death was the result of his own accidental or intentional drug overdose," the lawyers said.

"She should not have to spend the duration of the appellant process in prison since she has a 'meritorious appeal,' which most likely will conclude with a dismissal or new trial."

Murphy and her lover, Montana contractor Rick Tabish, were convicted May 19, 2000, of killing the 55-year-old Binion at his Las Vegas home. After the guilty verdicts, Bonaventure sentenced Murphy to a minimum of 22 years in prison and Tabish to 25 years behind bars.

Chief Deputy District Attorney David Roger, the lead prosecutor in the Binion case, said Monday he will oppose Murphy's motion for bail.

"The jury has spoken concerning her guilt, and the appellant issues have all been addressed by Judge Bonaventure in a very thorough manner," Roger said. "Ms. Murphy is not deserving of any special consideration by the court."

Bonaventure, who scolded Murphy for violating house arrest rules and ordered her in custody during the high-profile murder trial, has scheduled an 8:30 a.m. hearing Wednesday in her bid to gain freedom.

Sachs and Dershowitz said in their motion that Murphy has had no disciplinary problems since being incarcerated at the Southern Nevada Women's Correction Facility in North Las Vegas this past year.

They described her record as "impeccable."

The lawyers attached a letter to their motion from Dick Clark, the prison's assistant warden of programs, that for the first time provides some details of Murphy's life behind bars.

In the Sept. 20 letter, Clark acknowledged that Murphy does some volunteer work as a unit porter and assists the prison's "fitness coordinator."

Clark said Murphy also takes an adult vocational class one day a week and has received an "A" in four other educational classes.