Murphy seeks bail while awaiting high court appeal

Tuesday, July 16, 2002 | 9:18 a.m.

CARSON CITY -- Sandy Murphy's attorney has asked the Nevada Supreme Court to free her on bail pending the appeal of her conviction in the killing of Ted Binion.

Attorney Herbert Sachs said oral arguments before the court June 27 showed Murphy "has a substantial chance of prevailing on her appeal."

Sachs said the court or one of its justices could grant the request and could set any condition that would offset the risk that Murphy might flee.

The Clark County district attorney's office has 10 days to file an answer to the Murphy petition.

Chief Deputy District Attorney David Wall, one of the prosecutors in the case, could not immediately be reached for comment.

Murphy and Rick Tabish were convicted of the 1988 slaying of the Las Vegas gaming figure.

During the oral arguments last month, justices asked prosecutors numerous questions about the dual theories presented by the prosecution on how Binion was killed, whether Murphy should have been given a separate trial and whether prosecutors should have charged Binion's heroin dealer in his death.

Murphy was sentenced to 22 years in prison and Tabish got 25 years.

During oral arguments, Harvard University law professor Alan Dershowitz, representing Murphy, asked for bail to be set. Sachs followed that with a written motion filed Friday with the court.

"(Murphy) believes that ultimately she will be exonerated and she looks forward to that day," Sachs said. "Flight would be completely antithetical to that end."

After her arrest, Murphy was freed on $300,000 bail and ordered confined to her Las Vegas home. She violated the condition by visiting a furniture store and bail was revoked.

After her conviction, attorneys for Murphy sought to get her released on bail pending her appeal to the Supreme Court. District Judge Joseph Bonaventure denied bail based on the belief that the conviction would be upheld, Sachs said.

The attorney said Bonaventure felt that the 22-year sentence "would be reason enough for one to flee if they got a chance" if bail was granted.

"Because Bonaventure substantially underestimated the odds that the conviction will be reversed, he necessarily overestimated the risk of flight," Sachs said.

"If released on bail, Ms. Murphy, who has now spent more than two years in prison as a result of that incident, would have tremendous incentive to comply with all the conditions imposed upon her in order to avoid any possibility of an unnecessary and avoidable return to confine."

During her time in prison, Murphy has had one minor infraction, Sachs said. It came in February this year for giving soap and shampoo to a fellow inmate.