Binion witness tampering charged

Molly Ball

Tuesday, Aug. 10, 2004 | 8:56 a.m.

Prosecutors on Monday detailed charges that Sandra Murphy's defense team repeatedly tampered with witnesses, a pattern so "blatant and brazen" that "it shocks the conscience," according to documents filed by the district attorney's office.

After Murphy's conviction in 2000 in the murder of casino heir Ted Binion, Monday's filing states, "Unfortunately, the Defendant did not limit her attempt to gain redress through purely legal means; she and her defense team also set out on a hideous campaign in an effort to intimidate, influence and buy testimony favorable to the Defendant."

The prosecution brief is the latest volley in the seemingly never-ending case. Murphy and her lover, Rick Tabish, had their convictions overturned for the killing, in which the 55-year-old scion of the Binion gaming family was allegedly made to look as if he had overdosed on heroin and Xanax. The two are set to be retried in October.

The prosecution's Monday filing came in response to a defense motion that it was the prosecution that acted improperly. A defense filing last month sought to dismiss the case on the basis of prosecutorial misconduct.

Monday's filing focuses on a fringe player in the Binion trial saga, a man named John Prendeville. Acting as an agent of wealthy octogenarian and Murphy benefactor William Fuller, Prendeville allegedly tried to manipulate the testimony of three witnesses or potential witnesses.

A recent investigation uncovered recordings of phone calls between Prendeville and Steven Kurt Gratzer, a key witness in the trial who shortly afterward was jailed in Montana for driving under the influence.

The brief claims that Prendeville promised to pay Gratzer's legal fees to the tune of $35,000 in exchange for Gratzer testifying that Murphy was not involved in Tabish's plan to kill Binion.

In transcripts of seven conversations, the two men discuss Prendeville's efforts to find Gratzer a new lawyer and to find out how much Gratzer already owed in fees.

At one point, Prendeville told Gratzer, "Our commitment to you, you know aside from all of this, was to try and help you in any way we can, and I'll still do that in any event."

Gratzer replied, "Well, so far it takes money, I guess," according to the transcripts.

"Well, and, and that'll happen too," Prendeville answered.

In claiming prosecutorial misconduct, the defense produced a new affidavit from Gratzer stating that Murphy didn't know about the plot to murder Binion and charging that the DA's office withheld that information because it would have helped Murphy.

Chief Deputy District Attorney Christopher Lalli denied the defense's claims.

"The allegations are absolutely untrue that we tried to hide any evidence at all," he said.

A hearing on the allegations of prosecutorial misconduct is scheduled for Aug. 20.

The brief also cites a series of answering machine messages Prendeville left for witness Jason Frazer in April 2001. Frazer, a former business partner of Tabish, testified for the prosecution during the first trial.

In one message, according to transcripts, Prendeville stated, "We'll do whatever we can to make this work out for the better all around. But obviously things will improve there back to you back in Montana."

Monday's brief calls the messages "an obvious effort to buy him (Frazer) off" and notes that the witness "did not succumb to temptation and informed members of the Clark County district attorney's office of Prendeville's efforts."

Another alleged failed attempt occurred in late 2003, when convicted felon Avery Church told the FBI that he had information that could clear Murphy and Tabish.

The brief charges that Church "provided Prendeville with information he wanted to hear" about Murphy and Tabish in exchange for a favor from Prendeville.

According to a statement by Jack Battle, the man Church was jailed for attempting to kill, a man using the name "John Prenvilla" visited Battle in February 2004 and tried to convince him to recant his testimony against Church. Battle was in jail on domestic violence charges at the time.

"Prenvilla" failed to convince Battle. Federal investigators found Church's statements not to be credible.

The multiple alleged efforts by Prendeville were an illicit attempt to turn around Murphy's case, Lalli said.

"I think what you see here is a pattern," he said. "Innocent people don't do this kind of thing. People who are not guilty of murder don't pay people to change their testimony."

But Prendeville said the prosecution was grasping at straws. "They never expected a reversal" of the convictions, he said.

"Now they're upset that the core of their case is collapsing. Their case is falling asunder," Prendeville said.

Reached at his home in Las Vegas, Prendeville identified himself as a fellow Irishman and friend of Fuller, a secretive mining executive who has been bankrolling Murphy's defense. Prendeville said he was a construction project manager.

As for the accusation that Prendeville paid Gratzer's legal bills, "I won't comment on the issue of offering him (Gratzer) legal assistance," Prendeville said.

Herb Sachs, Murphy's former lead attorney, did not dispute that the defense paid Gratzer's legal fees but noted, "The defense team never paid Gratzer a penny directly, never paid for him to change his testimony."

Sachs described Prendeville as "an investigator for us" who "did a lot of legwork, did a lot of research work." But Prendeville denied he acted as an investigator, and Lalli said Prendeville was not licensed as such by the state.

Murphy's lawyer, Michael Cristalli, did not return a phone message left Monday.