Prosecutors claim Murphy is flight risk

Erica D. Johnson

Friday, Dec. 19, 2003 | 9:50 a.m.

In court documents filed late Thursday, prosecutors claim Sandy Murphy is a flight risk and a danger to the community who should remain behind bars without bail while she awaits a new trial.

Chief Deputy District Attorneys Robert Daskas and Christopher Lalli detailed a litany of reasons that Murphy, 31, should remain in custody while she and co-defendant Rick Tabish, 38, await an Oct. 11 retrial on murder charges in the 1998 slaying of gaming figure Ted Binion.

Because Murphy now faces life in prison without the possibility of parole, prosecutors say, she poses a serious flight risk.

At the time their convictions were overturned, Murphy was serving a minimum sentence of 22 years in prison and Tabish was serving a minimum of 25 years.

"Now, more than ever, she poses a great risk of flight. She clearly poses a danger to the community," the motion states.

"Most importantly, she is incapable of conforming her conduct to what is requested by the court for release," the prosecutors wrote.

Prosecutors claim Murphy attempted to influence the testimony of potential trial witnesses by making threatening phone calls.

"If released, the defendant will, no doubt, continue to obstruct the prosecution by intimidating witnesses and engaging in every sort of skullduggery imaginable," the motion states. "The court simply should not take the risk."

Murphy's local attorney, Herb Sachs, said he did not want to comment on the motion until he had time to discuss it with Murphy's lead defense attorney, Texas attorney, Dick DeGuerin.

DeGuerin could not immediately be reached for comment.

District Judge Joseph Bonaventure is expected to decide the issue of Murphy's bail in a hearing scheduled for Monday.

In a motion for bail filed Dec. 10, defense attorneys asked Bonaventure to set bail at $100,000 and prevent Murphy from traveling outside the jurisdiction.

Murphy is being held at the Southern Nevada Women's Correctional Facility in North Las Vegas.

Defense attorneys had argued that Murphy was entitled to bail the moment the Nevada Supreme Court overturned the pair's convictions.

"Ms. Murphy's convictions having been reversed, and her sentence thus having been vacated, Ms. Murphy has an absolute right to bail," the motion states.

But Daskas and Lalli say Murphy's conviction was reversed only on "technical" terms and that Murphy still faces a murder charge. The high court affirmed the evidence used against her in the first trial, according to the state's motion.

"Though she has gained the benefit of a retrial, seeing the number of persons who believe the evidence warrants her conviction mounting undoubtedly gives the defendant greater incentive to flee the jurisdiction," they wrote.

State law does not give defendants charged with murder the constitutional right to bail, the motion states.

Defense attorneys, however, claim newly discovered evidence make the state's case "far weaker than the close, circumstantial case it presented at the initial trial."

Daskas and Lalli also note in their motion that unlike most defendants, Murphy has the financial means to flee.

"She has found the means to, no doubt at great expense, hire an extensive legal team to defend her from the charges she faces. It is well-documented that the defendant has a wealthy benefactor who is assisting her financially."

The state's motion also mentions Murphy's behavior while out on bail prior to the initial trial. Murphy had bail set at $300,000 at that time.

The bail was eventually revoked because of Murphy's "complete disregard for courts," according to the motion. Murphy was caught shopping while under house arrest when she was supposed to be meeting with her attorneys.

Defense attorneys said Murphy's bail was revoked for going to a furniture store. They added that the infraction was "not in and of itself overly serious and did not involve a crime, drugs, violence or attempted flight."