Binion retrial figure appeals convictions

By Matt Pordum (contact)

Wednesday, May 12, 2004 | 9:31 a.m.

Avery Church, the inmate whose name recently surfaced in a defense motion for one of Ted Binion's alleged killers, was before the Nevada Supreme Court justices Tuesday appealing his convictions for attempted murder, robbery and kidnapping.

Church's lawyer, David Amesbury, told the court's panel in Las Vegas that at Church's trial, the state had inappropriately introduced tapes of jail conversations the 27-year-old Church had with his girlfriend.

Church is serving a sentence of eight years to life in connection with the beating and torturing of a man in southeast Las Vegas in a dispute over money.

But the way evidence was introduced led to an unfair conviction, his lawyer told the justices. Prosecutors had said they wouldn't introduce the tapes in court unless Church's girlfriend testified, Amesbury said. The girlfriend never testified, but the state used the tapes in the trial anyway, which equated to prosecutors "having their cake and eating it too," Amesbury said.

Chief Deputy District Attorney Chris Owens objected to Amesbury's argument that a conspiracy or sense of "sneakiness" surrounded the introduction of the jail tapes. Owens said the state simply acted in accordance with the law.

"The defense did things in the court that required us to bring the tapes in," Owens said. "We could (bring the tapes in) and we did."

Specifically, Owens said, Church's trial attorneys claimed a necklace of the victim was not stolen, but instead had been pawned by the victim. The state was forced to introduce the tapes to refute that accusation because on one of the tapes Church admitted to stealing and pawning the necklace, Owens said.

The state's high court is expected to rule on Church's appeal in coming weeks.

Church's name was in the news in recent weeks in connection with the upcoming retrial of Rick Tabish and Sandy Murphy for the slaying of Las Vegas casino executive Ted Binion.

During an unrelated drug investigation, Church allegedly told federal authorities he had information that could potentially clear Tabish and Murphy.

Murphy's attorney has since filed a motion in U.S. District Court asking for any information that the Justice Department might have that is exculpatory or could lead to exculpatory evidence in the case.

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