Columnist Jeff German: Cassidy may testify in Binion case

Friday, Aug. 8, 2003 | 11:09 a.m.

If you follow this space, you know that William Cassidy has been giving me an earful about his knowledge of Ted Binion's death.

Now the former Binion defense investigator may have a chance to tell all under oath to a county grand jury.

It's an option District Attorney David Roger said he's considering to get Cassidy on the record.

Cassidy's lawyer, Jonathan MacArthur, already has held preliminary talks with the district attorney to free Cassidy from the burden of his own criminal troubles. Cassidy is charged in the sexual assault of his wife, whom he insisted this week he "still loves 100 percent."

If Cassidy can provide information that will help prosecutors in the high-profile Binion case, and it can be corroborated, it would seem to be in Roger's best interest to strike a deal and get Cassidy's testimony.

Roger's ears have perked up because Cassidy, who is eager to talk to the grand jury, now claims to have direct knowledge of other potential crimes relating to Binion's Sept. 17, 1998, slaying.

"There is criminal conduct prior to and after Ted Binion's death that hasn't been examined," Cassidy told me in his latest jailhouse interview this week.

What kind of criminal conduct?

According to Cassidy, solicitation of murder for hire, subornation of perjury, obstruction of justice, witness tampering and concealing and converting stolen property.

Cassidy wouldn't disclose details of the possible crimes and who planned or committed them. He also wouldn't come out and say whether his secrets relate in any way to Rick Tabish and Sandy Murphy, who are being retried in Binion's slaying.

Because murder charges already have been filed in Binion's death, the grand jury can't specifically investigate the slaying. But it can probe additional crimes and, if those crimes end up having an impact on the murder case, that's, as they say, the way the cookie crumbles.

There's still a question, however, whether Cassidy, who says he believes Binion was indeed murdered, can divulge what he knows without violating confidentiality guidelines.

As a key defense consultant during the first trial, Cassidy had many conversations with Tabish and Murphy and their lawyers and may be prohibited from disclosing his information under a natural extension of the attorney-client privilege.

But his status in the case is murky, which could give Roger an opening to challenge the defense privilege. Cassidy never worked directly for any of the defense lawyers and was not paid by them. He said William Fuller, a mysterious Murphy benefactor, hired him on Murphy's behalf.

Any information Cassidy would offer about Tabish and Murphy outside the scope of the actual murder charges, however, is fair game.

If that were to happen, the privilege would not apply, and Cassidy would be free to talk all he wants.

The grand jury would be the perfect place to do it.