DA battles Murphy’s bail

Erica D. Johnson

Tuesday, Aug. 5, 2003 | 9:12 a.m.

In a motion filed Monday, prosecutors listed dozens of reasons why Sandy Murphy should not be allowed out on bail while she awaits a second trial in the slaying of Ted Binion.

They also asked for more time to file a motion asking the high court to reconsider its decision granting the second trial and uphold Murphy's conviction, District Attorney David Roger said.

"Typically the court grants our motion," he said.

The filings came in response to a motion filed last week by Murphy's attorney, Herb Sachs, with the Nevada Supreme Court asking that his client be released from custody on bail pending her retrial.

The high court last month overturned the convictions of Murphy and co-defendant Rick Tabish, 38.

In the meantime, Roger said, Murphy, 31, should remain in custody while the court determines whether a second trial will go forward.

If the court decides its ruling for a retrial should stand, Murphy should remain in custody until and during the trial, he said.

"It's our position that (Murphy) is not entitled to bail as a matter of law," Roger said.

In a 38-page opposition to Murphy's motion, the state outlines a laundry list of reasons why prosecutors say they adamantly oppose Murphy's release.

Murphy and Tabish were convicted of the 1998 killing and robbing of Binion, 55, son of Benny Binion, founder of the Horseshoe casino in downtown Las Vegas.

Sachs' motion asks that Murphy receive the same bail conditions she had during the first trial -- $300,000 bail and house arrest with electronic monitoring.

Sachs could not be reached for comment late Monday.

Prosecutors state in their opposition that Murphy is even more of a flight risk now than she was during the initial trial.

Because a jury already found that there was enough evidence to warrant her conviction, Murphy could be more likely to flee prior to trial, they said.

Murphy's appeal contending there was insufficient evidence to convict her was also rejected by the Supreme Court, prosecutors argued.

"Though she has gained the benefit of retrial, seeing the number of persons who believe the evidence warrants her conviction mounting undoubtedly gives the defendant greater incentive to flee the jurisdiction if allowed bail," the document states.

Prosecutors argued that the request should be addressed at the District Court level, accusing Murphy of "forum shopping at the 11th hour."

"Perhaps defendant perceives a difference in receptiveness between the court that reversed her case and the court that presided over her conviction," the document states.

The prosecution also argues that in 2002 Murphy constantly ignored court orders while on house arrest, and even went on shopping sprees at local furniture stores.

Prosecutors said Murphy's "cavalier" attitude would likely be repeated if she were released from custody.

While some of Binion's silver is still missing, Roger said the possibility of Murphy getting to it was not a factor in the state's opposition to her bail motion.

"That thought process has not entered our minds," he said.

Tabish's attorney, Bill Terry, said he has no plans to file a motion for bail because Tabish is still serving a prison sentence on an extortion conviction.