Columnist Jeff German: Murphy’s defense in disarray

Tuesday, Jan. 27, 2004 | 10:45 a.m.

Any time you have big-name defense lawyers in a criminal case, and a guy with deep pockets paying them for the defendant, you're asking for trouble.

Surprise. There's unrest again within Sandy Murphy's high-powered, but ever-changing, defense team.

It's the kind of trouble the average murder defendant, who has to pay his own legal bills, will never see.

But it's also the kind of trouble that could have a big impact on Round 2 of the most publicized -- and maybe most complex -- murder case in Las Vegas history.

An unhappy defense team that's fighting itself has less time to fight the prosecution.

It all comes down to the job description of Murphy's well-paid dream team members -- who are anchored by Harvard University law professor Alan Dershowitz and Houston attorney Dick DeGuerin.

Before we get to that, however, let's talk about that mystery man with deep pockets bankrolling the defense. His name is William Fuller, an Irish-born, 80s-something mining executive who likes to shy away from reporters.

Fuller supposedly met Murphy at an upscale restaurant in April 1999, a couple of months before she and her lover, Rick Tabish, were charged in the 1998 slaying of Ted Binion, the wealthy casino boss Murphy had lived with for three years.

As the story goes, Fuller took an immediate liking to Murphy, who had no independent income of her own at the time -- and still doesn't. He has been footing the bill for her defense, and a lot more, ever since.

Because Fuller isn't talking, and we don't have access to the defense's financial records, exactly how much money Fuller has poured into Murphy's defense is unknown. My best estimate from a variety of courthouse sources, however, is that he has spent about $2 million since July 1999, when he first bailed her out of jail for $300,000.

Fuller has paid big bucks to some of the brighter legal minds in Las Vegas, including Oscar Goodman, William Terry, John Momot, Thomas Pitaro and Herb Sachs. Fuller also has given huge retainers to Dershowitz, who helped get Murphy's 2000 conviction overturned by the Nevada Supreme Court, and DeGuerin, who is the lead trial attorney for Binion 2 in October.

Infighting, primarily over Fuller's way of calling the shots, hampered the defense during the first trial, so it is not a total shock that it might be happening again.

Dream team members won't discuss the latest trouble, which comes at a time when prosecutors and police are stepping up their investigative efforts for Round 2.

"It's none of your business," an angry DeGuerin said Monday. "You ought to find something else to write about."

But here's what we know so far.

First off, Sachs, the only defense lawyer familiar with the case's history, has been pushed aside as Murphy's local counsel in favor of Michael Cristalli, a former law clerk for District Judge Joseph Bonaventure, who is presiding over the retrial.

Cristalli, I'm told, won his way onto the team by persuading Fuller that he still has Bonaventure's ear.

Last month, with Cristalli in the courtroom, Bonaventure bought defense arguments and released Murphy on $300,000 bail the second time around over the strenuous objections of prosecutors.

Sachs, who declined comment, is said to be unhappy about getting dumped and is threatening to make noise about money he contends Fuller still owes him.

As late as last week, DeGuerin also reportedly was in a tizzy because he was being asked to take charge of important pretrial motions, which apparently was not part of his deal with Fuller. I'm told that Dershowitz and his brother's New York law firm are supposed to oversee that task.

But word is that neither Dershowitz nor DeGuerin want the assignment unless Fuller puts up more money.

Fuller has yet to come up with the cash, which might explain why we've heard very little from the high-profile Murphy camp of late.

My guess is that Fuller either is getting smart and being more careful about spending his money, or his pockets aren't as deep anymore.

Either way it spells trouble for Sandy Murphy.