Columnist Jeff German: Acquittals don’t mean end of saga

Wednesday, Nov. 24, 2004 | 11:20 a.m.

You would think Tuesday's acquittal of Sandy Murphy and Rick Tabish of killing Ted Binion would be the end of the biggest murder case of all time in Las Vegas.

But you would probably be wrong.

The case now is likely to move to civil court to resolve a wrongful death lawsuit by Binion's estate against Murphy and Tabish, as well as, a palimony suit by Murphy against the $55 million estate.

Things, believe it or not, could even get nastier before those cases are settled.

Murphy and Tabish could find themselves in the same situation O.J. Simpson faced after his 1996 acquittal in the death of his wife, Nicole, and Ron Goldman.

Despite prevailing in the criminal case, Simpson later was held responsible for both deaths following a civil wrongful death trial and ordered to pay $33.5 million. That happened because the burden of proof is less in a civil case than in a criminal case.

The passion that the Goldman family showed in pursuing Simpson civilly could be exhibited by the Binion family in this case.

There has never been any love between Murphy and the Binion family, and a civil trial would only deepen the divide.

"Everything starts over," says Rob Murdoch, who is defending Tabish in the wrongful death suit. "I hope everything gets resolved and this saga comes to its final conclusion, but it probably won't."

Following the murder convictions of Murphy and Tabish in 2000, District Judge Michael Cherry granted the estate a summary judgment in the wrongful death suit, meaning the estate could pursue damages against Murphy and Tabish. Cherry also tossed out Murphy's palimony suit.

It was an easy decision for Cherry to make because under Nevada law the criminal murder convictions against Murphy and Tabish made them civilly liable for his death, too.

But Murphy and Tabish appealed Cherry's decision to the Nevada Supreme Court, which later overturned their murder convictions.

The high court has been sitting on the civil appeal until the outcome of the retrial.

Murdoch says he's preparing a stipulation for both sides to sign asking the Supreme Court to send the wrongful death suit back to Cherry for litigation.

Bruce Judd, who represents Binion's estate, is guarded about the family's next move.

"It's too early to say what's going to happen here," he says.

Jack Binion says he's "disappointed" with the verdict and doesn't know what his options are yet.

Murphy's millionaire benefactor William Fuller, who bankrolled her defense in the criminal case, also won't say what his side intends to do about the unresolved civil matters. He's just relieved that Murphy was acquitted of the murder charges.

Attorneys for both sides, however, said there's a strong possibility that much legal fighting still lies ahead.

In other words, the case is far from over.

Murphy still believes Binion willed her his $1 million home and its contents, along with $300,000 in cash. And the estate still believes Binion cut her out of the will just before his death.

The battle no longer is over Ted Binion's death, but rather over his money.