Print expert’s report studied

Tuesday, Nov. 23, 2004 | 9:21 a.m.

The jurors deliberating the fate of Ted Binion's alleged killers had the testimony of a Metro Police latent print examiner read back to them Monday morning.

Court reporter Tom Mercer read the testimony of Ed Guenther, who testified twice during the six-weeklong trial.

Guenther's two appearances on the witness stand had focused on the results of his search for fingerprints on a variety of items found around Binion's body -- on a money collection inventory, on a wine glass found on an end table and on the exterior pane of defendant Sandy Murphy's bathroom window.

Guenther said the absence of fingerprints on a bottle of Xanax, a pack of cigarettes and three lighters recovered within inches of Binion's body was consistent with them being wiped clean.

Prosecutors argued the items were wiped clean because the scene was staged by Murphy and Rick Tabish after they killed the millionaire casino figure.

Of all the items he examined, Guenther said he found the fingerprints of Tabish and Murphy on the money collection list. He also found Murphy's fingerprints on the wine glass. Guenther said he was unable say when or where the fingerprints were made.

The money collection inventory, which Murphy's attorney, Michael Cristalli, has conceded was created by his client, is a comprehensive list of specific bills and coins by name and date -- all of which had belonged to Binion.

Murphy's friend, Tanya Cropp, testified during the trial that a week after Binion died, Murphy asked her to "safeguard" some papers, including the list.

Tabish's brother-in-law, Dennis Rehbien, also testified Tabish showed him the inventory list of silver coins. Rehbien testified to giving Tabish a loan of $25,000 for his legal defense. When Tabish was unable to pay him the loan back in the 30-day period they agreed to, Rehbien said Tabish gave him two bags of silver coins.

Murphy's fingerprints were found on the exterior of her bathroom window at the Binion home, but Guenther was unable to say if the prints would have been made by someone from inside or outside the home.

On Sept. 17, 1998, the day Binion was found dead, a chair was found outside and under the open window. Prosecutors have argued Binion had kicked Murphy out of the house after he discovered she was cheating on him with Tabish. Murphy had sneaked back into the house using the bathroom window, prosecutors said.

The jurors took diligent notes throughout the reading of Guenther's testimony, most actively when the subject of the Xanax bottle, cigarette pack and lighters were discussed.

Prosecutors allege Murphy and Tabish suffocated Binion and tried to make it look like an overdose. A day later Tabish went to steal Binion's silver in Pahrump, prosecutors said.

The defense lawyers contend that Binion died of an accidental overdose of heroin, Xanax and Valium, and that Tabish was simply following Binion's order to preserve the silver for Binion's daughter.

Four years ago Tabish and Murphy were convicted of murdering Binion and were sentenced to life in prison, but the Nevada Supreme Court later overturned the convictions.

Due to the approaching Thanksgiving holiday, District Judge Joe Bonaventure will allow the jury to continue deliberating today and Wednesday, but give them the rest of the week off.