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November 29, 2009

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High court upholds new trial for Murphy, Tabish

Friday, Oct. 24, 2003 | 11:06 a.m.

CARSON CITY -- The Nevada Supreme Court today stood by its decision to order a new trial for Sandra Murphy and Richard Tabish, accused of the murder of Las Vegas gaming figure Ted Binion.

The court, without comment, rejected the petition of the Clark County District Attorney's Office to re-hear the case.

Murphy, the girlfriend of Binion, was sentenced to 22 years to life in prison and Tabish was ordered to serve 25 years to life.

The court earlier this year overturned the murder, robbery and burglary convictions of the two. It said there were errors committed in the first trial when the prosecution was allowed to go forward on the murder charges and also related charges surrounding the theft of silver stored in an underground vault in Pahrump that belonged to Binion.

The court, in a split decision, said the failure to sever the theft charges from the murder counts and the admission of a hearsay statement unfairly prejudiced the proceedings against Murphy.

The court said, "The errors were not harmless beyond a reasonable doubt."

Binion was found dead in his home in Las Vegas on Sept. 17, 1998. Medical experts said the death was caused by an overdose of heroin, Xanax and Valium.

But another expert testified Binion had been suffocated by one or more persons.

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