Editorial: The jurors have spoken

Friday, Nov. 26, 2004 | 8:37 a.m.

This week -- more than six years after the death of Ted Binion -- Rick Tabish and Sandy Murphy were found not guilty of killing the millionaire casino heir. Off and on during that period, the fate of Tabish and Murphy transfixed the Las Vegas Valley, especially during their first trial in 2000, when they were both found guilty of killing Binion and trying to steal some of his money following his death. But in 2003 the Nevada Supreme Court, finding that District Judge Joseph Bonaventure had made errors during the first trial, granted new trials for both defendants.

Prosecutors had contended that Binion was suffocated while defense attorneys asserted that he died of a drug overdose. The circumstantial case built by prosecutors was successful in the first trial, which garnered national attention and dominated local media coverage. But post-verdict interviews with jurors in the second trial revealed that they didn't believe prosecutors presented enough evidence to overcome reasonable doubt that Tabish and Murphy were guilty of murder. Nonetheless, it is significant that the jurors this time also concluded that Tabish and Murphy were each guilty of three counts of theft.

While Tabish and Murphy are likely to appeal their convictions of lesser crimes, it's possible that they might not spend much more time in prison since they've already been incarcerated for three years. Murphy, who was free on bail during the second trial, could be released at her sentencing on the theft charges, receiving credit for time already served in prison. But don't think that the names Murphy and Tabish will vanish anytime soon following their sentencing in January. The Binion estate could pursue a wrongful death lawsuit in civil court against Murphy and Tabish. Murphy, meanwhile, could go forward with a lawsuit to get a financial settlement from the Binion estate. That's because the murder conviction the first time prevented her from inheriting Binion's $1 million home, its contents and $300,000 that Binion left her in his will.

Although it wasn't nearly on the same scale as the O.J. Simpson murder trial, whose not-guilty verdict is controversial to this day, the acquittals in the Binion murder trial almost certainly won't end the public debate as to exactly how Binion died. But, in the end, public opinion isn't relevant. What really matters is that the 12 men and women who made up the jury -- and who truly have the final say -- have spoken.