Columnist Jeff German: DA keeps lid on key Binion info

Friday, Sept. 5, 2003 | 10:21 a.m.

Inside his cell at the county detention center, William Cassidy continues to sit on potentially explosive information in the Ted Binion murder case.

His lawyer, Jonathan MacArthur, describes what the former Binion defense investigator has to offer as "the best piece of information in the millennium" -- at least in Las Vegas, which has soaked up every tidbit it can on Binion's mysterious death for the past five years.

But unless District Attorney David Roger has a change of heart, it all will remain locked away with Cassidy as both sides prepare for the retrial of Sandy Murphy and Rick Tabish on charges of killing Binion in September 1998.

Roger now says he's not interested in bringing Cassidy before a county grand jury to reveal what Cassidy knows about Binion's slaying. Cassidy offered the information two months ago in a bid to strike a deal in his own criminal case, where he is charged with sexually assaulting his wife and burning down her massage parlor.

The district attorney, however, says the legal risks of obtaining Cassidy's information are too high.

"I wouldn't close the door completely, but my feeling is that it's not worth it," Roger says. "My main concern is the legal issue of invading the defense camp through Mr. Cassidy."

Roger says he fears that, if he lets Cassidy share his Binion secrets, he may give defense lawyers an opening to claim a violation of the attorney-client privilege and seek the dismissal of the case on grounds of prosecutorial misconduct. The Nevada Supreme Court already has tossed out the murder charges once, and Roger doesn't want that to happen again.

It's hard to fault Roger for being skittish, but you also would think the district attorney has an obligation to exhaust all avenues to find the truth behind Binion's death.

Cassidy, set to stand trial Sept. 30, and MacArthur both insist that what Cassidy has to say doesn't fall under the attorney-client privilege. Cassidy says he has direct knowledge of other potential crimes relating to Binion's death and can lead police to additional conspirators.

"If anyone's invading the defense, they're going through a door the defense left open," Cassidy says.

So far, Roger hasn't even bothered to ask MacArthur why the privilege might not apply to Cassidy.

And from what I've picked up from experienced criminal attorneys, Roger also hasn't explored every legal option that would allow him to secure Cassidy's testimony without harming the defense.

Roger, for example, could ask Cassidy to submit a sworn affidavit outlining his allegations to Chief District Judge Gene Porter and let the judge decide behind closed doors whether it falls under the attorney-client privilege. The affidavit could be kept sealed from the DA until Porter issues a ruling.

If Porter finds that Cassidy can testify before the grand jury, the judge then could stay his order to give defense lawyers a chance to get a second opinion from the Nevada Supreme Court.

Then, if the high court gives its blessing to Cassidy's testimony, the former defense investigator would be free to help prosecutors unlock the mystery behind Ted Binion's death.