Columnist Jeff German: Cassidy case giving Roger fits

Friday, Sept. 26, 2003 | 11:04 a.m.

William Cassidy, the would-be star witness in the next Ted Binion murder trial, was supposed to stand trial himself Tuesday on charges of sexually assaulting his wife and burning down her massage parlor.

But District Judge Lee Gates has put off Cassidy's case until Nov. 25.

Cassidy, who has offered to help prosecutors bolster their case against Binion's accused killers, has been trying without success to strike a deal in his own case.

The delay gives District Attorney David Roger, the lead prosecutor in the first Binion trial, a chance to reconsider pursuing the information Cassidy claims to have about Binion's Sept. 17, 1998, slaying.

Roger doesn't want the headache of listening to Cassidy, a key defense consultant at the first Binion trial. The prosecutor would have to overcome the attorney-client privilege, and Cassidy's credibility could create problems.

Since the state Supreme Court overturned the convictions of Rick Tabish and Sandy Murphy, Binion's former girlfriend, there are questions whether the prosecution's case can hold up against an all-star team of defense attorneys being assembled.

The case was exhaustively researched, but it was based on circumstantial evidence.

In several jailhouse interviews, Cassidy has told me things that, if true, would not only bolster the prosecution's case but clarify its dual theories of how Binion died. On appeal, the defense has tried to poke holes in those theories.

Though he would like to hear what Cassidy has to say, questions still linger in Roger's mind about whether Cassidy is obligated to keep confidential everything Murphy and Tabish told him. Roger doesn't want to risk being accused of violating the rights of the defendants. That would give the defense lawyers an opening to get murder charges tossed out before the second trial even takes place.

Roger simply doesn't want to mess this up. The Binion case has been a big part of his life for more than four years, even giving him the kind of name recognition he needed to get elected district attorney.

What Roger has been unable to figure out is a strategy to nail down Cassidy's testimony and protect the rights of the defendants.

This dilemma has stalled negotiations with Cassidy over the last three weeks.

Cassidy now is suggesting that he might be better off going to trial, which is not what Roger wants to hear if he's serious about learning the truth behind Binion's death.

Right now, the only thing keeping Cassidy in the talks is his desire to avoid mounting a defense that would attack on the witness stand the credibility of the wife he still loves.

None of this is pretty -- the DA would have to cut a deal with Cassidy in his criminal case and then find a way to overcome one of the legal system's basic rights.

After all of that, it may turn out that Cassidy won't have the answers, but it's still worth pursuing.

Binion's murder is the most publicized case in Las Vegas history, and some aspects remain a mystery.

We need more answers. There may be additional conspirators or other motives.

Roger should try to find those answers. Doing anything less would be a disservice to the public, to the Binion family and to the truth.