Police say Binion witness not credible

Jace Radke

Monday, May 3, 2004 | 11:27 a.m.

Clark County prosecutors shouldn't have been surprised late last week when they learned that a Nevada prison inmate had told investigators last year that he had information about how casino heir Ted Binion had been killed.

The FBI had told Metro Police about the development four and a half months ago.

In a letter dated Dec. 15, Las Vegas Supervisory Special Agent Jerry Hanford wrote that convicted felon Avery Church, "claimed to have information regarding the Ted Binion homicide. A great deal of the information appears to lack credibility including claims that the Binion family had paid of(f) the Clark County District Attorney and Judge Bonaventure."

The letter was addressed to Lt. Tom Monahan, the man in charge of Metro's homicide detectives.

Reached this morning, Monahan at first did not remember receiving the letter, but after looking it over, said he did recall it.

"I don't remember if I gave it to the detective on the case, or if I put it in the file, but I don't think I gave it to the district attorney's office," Monahan said.

Monahan said that he found the letter to be of an investigative nature and that, because the FBI said that Church lacked credibility, it wasn't something that was sent along to the district attorney's office. If the letter had stated that the FBI had thought Church's claims were credible, it would have been forwarded to the district attorney's office, Monahan said.

Roger said he first saw the letter late last week when it was faxed over to his office by Ellen Knowlton, special agent in charge of the Las Vegas FBI office.

"I think what happened was that the detective on the case had moved from homicide to robbery and it just got put in the case file, but I'm just guessing," Roger said.

Roger said had he received the letter sooner he would have given it to defense attorneys for Rick Tabish and Sandy Murphy, who are charged with Binion's murder.

Roger said he didn't think Church's statements would have any bearing on the guilt or innocence of the defendants, however.

"I bet you dollars to donuts that the defense will never admit that Ted Binion was murdered," Roger said. "All along their defense has been a drug overdose."

Hanford's letter states that although Church's information appeared to lack credibility he may have had some contact with the Binion family in the past, possibly with Benny Behnen, Ted Binion's nephew.

The FBI letter notes that, "Church claims that Becky and Nick Behnen were responsible for the murder."

Becky Behnen is Ted Binion's sister. She and Nick Behnen are Benny Behnen's parents.

Hanford's letter notes Church's lengthy arrest record and states that, "Church has credibility problems but in an excess of caution I am bringing this to your attention."

Church is an inmate at the High Desert State Prison in Indian Springs, where he is serving a five-year to life term for attempted murder, robbery and kidnapping.

Tabish has also been at High Desert.

Roger said he was bothered that a Los Angeles federal prosecutor didn't notify prosecutors about Church's comments, though the prosecutor did notify the attorneys for Tabish and Murphy.

In January Assistant U.S. Attorney Mark A. Young in Los Angeles sent a letter to Murphy and Tabish's attorneys making them aware of Church's statements, after Church was interviewed in Los Angeles about an unrelated drug case.

In response, Murphy's attorney, Michael Cristalli, has filed a motion in U.S. district court asking for any reports, documents, tape recordings or information that the Justice Department might have that is exculpatory or could lead to exculpatory evidence in the case.

The request does not change the defense's argument that Binion died of a drug overdose, but seeks any information in order to ensure Murphy's due process rights, according to the motion.

Attorneys for Tabish said they weren't likely to file a similar motion.

Murphy's motion relies on Young's letter sent to the defense attorneys in January.

Young's two-paragraph letter states, "During the course of an unrelated investigation, the United States has learned of potentially exculpatory information relating to your clients and their alleged role in the murder of Ted Binion.

"Specifically, the government has learned that an individual, Avery Church, has previously stated that he had personal knowledge that your clients did not participate in the murder of Mr. Binion."

Tabish and Murphy are accused of the September 1998 murder of Ted Binion, 55. The former part-owner of Binion's Horseshoe was found dead in the Las Vegas home he shared with Murphy.

Tabish and Murphy were originally convicted and sentenced to life in prison, but their convictions have since been overturned by the Nevada Supreme Court. A new trial is scheduled for Oct. 13, according to the motion.