Use of juror prompts criticism

Wednesday, Oct. 31, 2001 | 9:15 a.m.

A Nevada Supreme Court panel studying the jury system plans to hear testimony this week from the foreman in the Ted Binion murder trial despite objections from lawyers in the case.

Bill Gang, a spokesman for the high court, said the 15-member Jury Improvement Commission wants to know how the Binion jurors handled the pressure of a high-profile case.

Panel members from the well-publicized Margaret Rudin and Jesseca Williams trials also have been invited to speak at Thursday's 4:30 p.m. hearing at the Clark County Courthouse.

Binion foreman Arthur Spear Jr. said he expects to address the commission on Thursday.

But Bill Terry, who represents Rick Tabish, one of Binion's convicted killers, and Chief Deputy District Attorney David Roger, the lead prosecutor in the case, both informed the commission this week that they believe it would be improper for the panel, which includes two Supreme Court justices, to listen to any of the Binion jurors.

The high court currently is considering appeals from Tabish and his co-defendant, Sandy Murphy, who are seeking to overturn their May 19, 2000, murder convictions in part because of jury misconduct during the trial.

"The Nevada Supreme Court will ultimately determine whether or not the jurors engaged in misconduct that was so egregious it denied Mr. Tabish his right to a fair trial," Terry said in a letter to Chief District Judge Mark Gibbons, who is serving on the new commission.

"In the interest of justice and fundamental fairness, I urge the Jury Improvement Commission to refrain from hearing testimony from jurors who served in this matter."

Gang, however, said the commission's focus is on the jury service process and not the closed-door deliberations and interactions between jurors.

"I expect that the commission will discourage any such comment from jurors," Gang said. "The commission believes it is important to hear from those who served as jurors in high profile cases."

The commission plans to study the jury system for nine months and submit a report to the Supreme Court.