Tuesday, Dec. 16, 2003 | 9:39 a.m.
Rick Tabish and Sandy Murphy proclaimed their innocence on Monday as they prepared for an October retrial on charges that they killed casino figure Ted Binion.
Attorneys scheduled an Oct. 11 trial date during the hearing before District Judge Joseph Bonaventure.
During the pair's arraignment, Bonaventure asked Tabish, 38, and Murphy, 31, how they pleaded to six felony charges filed against them, which include an open murder count.
The defendants, flanked by several defense attorneys, each stood up to the address the court.
"I am not guilty," Murphy said. "Innocent, your honor," Tabish said.
Outside court the lead attorneys for the defendants, both from out of state, said they were eager to get the retrial under way.
San Francisco attorney Tony Serra, who represents Tabish, said his client would testify at the trial.
"It was a miscarriage of justice," Serra said of the first trial. "My client is not guilty. We're very eager to have him vindicated."
Serra attributed the first conviction to "strategic error and prosecutorial misconduct."
Houston defense attorney Dick DeGuerin, who will represent Murphy, said his client also maintains her innocence.
"I think Sandy Murphy is not guilty of murder. That's what we're going to prove," he said.
DeGuerin said he had not yet determined whether Murphy would testify at the second trial, but said she wanted to. He noted that Murphy wanted to testify at the first trial but was discouraged from doing so.
DeGuerin said new evidence could help bolster Murphy's claims of innocence. He had alleged in court that the FBI had knowledge of a planned mob hit on Binion in which Binion was supposed to be given an overdose of heroin.
The reports were made before Binion's slaying, DeGuerin said.
"Ted Binion died of a heroin overdose. There's no question about that," he said.
Serra and DeGuerin will each head a team of several out-of-state and local attorneys who plan to help defend Tabish and Murphy.
Local attorney Joseph Carmagno will assist with Tabish's case, while local attorneys Herb Sachs and Michael Cristalli will assist with Murphy's case.
When reporters asked DeGuerin why Tabish and Murphy chose to hire attorneys from outside Nevada, he replied: "I read that 75 percent of people in Las Vegas come from out of state. So what's the big deal?"
Monday's hearing marked the first time Tabish and Murphy, Binion's live-in girlfriend, were in court together since they were sentenced in 2000. After Binion's slaying in September 1998, it was learned that Tabish and Murphy were romantically involved.
The Nevada Supreme Court in July overturned the murder, robbery and burglary convictions in the slaying and ordered a new trial for both defendants.
The pair face one count each of murder, conspiracy to commit murder and/or robbery, robbery, conspiracy to commit burglary and/or larceny, burglary and grand larceny.
Bonaventure during the hearing addressed several motions filed by defense attorneys, including the confirmation of counsel. He put off hearing a defense motion requesting bail for Murphy until Monday.
At the request of defense attorneys, Bonaventure also signed an order approving a Monday visit between Murphy and her parents, who were visiting from out of state and attended the hearing.
Murphy was being held at the Clark County Detention Center but will be transferred to the Southern Nevada Women's Correctional Facility in North Las Vegas while she awaits trial.
Cristalli said inmates at the local jail were allowed visits only through television monitors and that it was unclear when Murphy would be transferred. Tabish will remain at the High Desert Correctional Center near Indian Springs while he awaits trial.
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