Motion for new Tabish-Murphy trial planned

Tuesday, Dec. 14, 2004 | 8:50 a.m.

The attorneys representing Rick Tabish and Sandy Murphy on Monday said they believe inconsistencies in the testimony of a key prosecution witness could be grounds for a new trial on the onetime couple's convictions for conspiring to steal Ted Binion's silver.

On Nov. 23 a Clark County jury acquitted Tabish and Murphy of murdering Binion but found them guilty of conspiring to commit burglary and/or larceny as well as guilty of burglary and grand larceny.

Tabish attorney Joseph Caramagno said a motion for a new trial based on newly discovered evidence regarding the silver counts would be filed within the next 60 days.

Although Caramagno would not provide specifics he did say the basis for the motion would be sworn testimony given by former Nye County Sheriff Wade Lieseke in a "civil setting" that "contradicts" what he testified to during the trial.

Murphy's attorney, Michael Cristalli, said the "burglary counts were the result of a compromised verdict, and we feel we will be able to present enough evidence to get a new trial as per the silver counts."

"This motion could spell huge problems for Lieseke and the prosecution," Caramagno said.

Chief Deputy District Attorney Robert Daskas said he hadn't heard anything regarding the motion from either Caramagno or Cristalli prior to Monday's hearing. After hearing the little information shared, Daskas balked at Caramagno's claims.

"He's (Caramagno) the master of the sound bite," Daskas said. "I challenge Caramagno and Cristalli to come forward with any accusations about myself, (Chief Deputy District Attorney Christopher) Lalli or the district's attorney's office."

In his testimony Lieseke acknowledged that Tabish called him three times the day after Binion's death, but Lieseke said Tabish never told him, as Tabish said he did, that he was going to Pahrump to dig up Binion's silver. Tabish contends that he was going to preserve the silver for Binion's daughter Bonnie.

Lieseke said Tabish never told him he was fulfilling Binion's wishes by unearthing Binion's $7 million worth of silver from his underground vault in Pahrump.

Additionally Lieseke said Tabish said "Ted liked me (Lieseke) quite a bit" and had left $250,000 in his will for Lieseke. He said he didn't believe Tabish because while "he was friends with Ted, he was certainly not that good of friends with him."

Nye County deputies wound up arresting Tabish, his employee Mike Milot and David Mattsen, manager of Binion's Pahrump ranch, for burglary.

The peek into the upcoming motion for a new trial expected to be filed by the defense attorneys came as a result of a request for a time extension in which to request a new trial on the silver counts.

District Judge Joseph Bonaventure refused to grant the request. He ruled that the defense attorneys simply missed the deadline to file for a new trial. They should have filed the motion for a new trial and filed a "supplement" motion for an extension, he told them.

Under Nevada law an appeal for a new trial must be received within seven days of a conviction.

Bonaventure said other remedies exist for such a motion, saying Nevada law allows up to two years for a motion for a new trial based on newly discovered evidence to be filed.