Fireworks erupt during hearing in Binion case

Kim Smith

Wednesday, Oct. 2, 2002 | 9:06 a.m.

District Judge Joseph Bonaventure ripped into Sandy Murphy's defense attorney Tuesday, telling him he is guilty of contempt of court for repeatedly filing motions in the case despite the fact the case is under appeal.

Bonaventure also criticized Murphy's attorney, Herb Sachs, for allowing an assistant, John Prendeville, to e-mail at least one media outlet about Tuesday's hearing in the Ted Binion murder case.

Tuesday's hearing was the result of a motion filed by Sachs demanding Bonaventure explain in open court why he has removed four defense motions from his calendar without hearing arguments on the motions.

"The court's repeated refusal to hear these motions without setting forth its reasons or legal authority constitutes a dereliction of duty, an abuse of discretion and an abdication of judicial responsibility," Sachs wrote in his motion.

Sachs had asked Bonaventure to force Metro Police and the district attorney's office to turn over copies of palm prints and fingerprints and Ted Binion's criminal history record. He had also asked for permission to examine two wine glasses taken from Binion's home.

Murphy, 30, and her lover, Rick Tabish, 37, are serving life sentences in connection with the September 1998 death of Binion, a 55-year-old member of a pioneer Las Vegas gaming family.

Attorneys in the case argued before the Nevada Supreme Court in June and are now awaiting a decision as to whether the couple's convictions should be overturned.

Bonaventure told Sachs Tuesday that the reason he pulled the motions off his calendar should be perfectly clear to him.

During hearings on May 10 and May 28 and in letters to Sachs, Bonaventure said he made it known he would not rule on any motions during the appeal process.

His law clerk also explained the stay to Sachs during numerous phone calls, Bonaventure said.

If Sachs disagrees with the stay, Bonaventure said the correct remedy is to appeal it to the Supreme Court.

"That's your remedy, not go to -- you and Prendeville -- go to the press and try this case in the press," Bonaventure said. "You're abdicating your responsibilities as an attorney, and that's almost criminal contempt of court.

"It is contempt of court when you willfully ... willful disobedience of the lawful process or mandate of a court. You should be guilty of a misdemeanor."

Bonaventure urged Sachs repeatedly to appeal his decision to suspend proceedings in the case to the Nevada Supreme Court.

In the meantime, Bonaventure said he supposes he can hear Sachs' motions, although he believes they are not collateral issues as Sachs has contended.

"It's taking my time, your time and the state's time. If you earn a fee that way and you want to do that, I guess I'll hear it," Bonaventure said.