Witnesses who shared in Binion reward can testify

Thursday, Oct. 14, 2004 | 9:38 a.m.

District Judge Joe Bonaventure on Wednesday refused to bar eight witnesses from testifying at the Ted Binion murder retrial that was set to get under way this morning.

Defense lawyers wanted the testimony of the eight excluded because they shared in a $100,000 reward paid by the Binion estate after the first trial resulted in the murder convictions -- later overturned -- of Rick Tabish and Sandy Murphy.

After three days of questioning potential jurors, prosecutors and defense attorneys were expected to present their opening arguments this morning.

In a ruling favoring the prosecutors, Bonaventure refused to exclude testimony of the eight witnesses.

"I don't see any foul play here," Bonaventure said. "The state didn't pay them -- instead the estate of the deceased paid them, which is a common practice -- and weren't payments made for testimony in my opinion."

Because of the number of witnesses and the amount of testimony and evidence that will be presented, the trial is expected to take six to eight weeks, and if for some reason one of the 12 jurors selected can't last or through the whole thing or gets booted from the jury, there are five alternate jurors, selected Wednesday, who will be standing by.

The alternate jurors selected are:

Deputy District Attorney Christopher Lalli was scheduled to lay out the prosecution's case this morning. Lalli said that until the trial is over, the prosecution will not comment on the case outside the courtroom.

Tabish's lead attorney, Tony Serra, was to follow Lalli, and Murphy's attorney, Michael Cristalli, will bring opening arguments to close once Serra is finished with his own separate opening argument to present to the jury.

"We're just happy to get started and finally let the jury listen to the evidence of the case," Cristalli said.

In 1998 Binion was found dead in the Las Vegas home he shared with Murphy. Tabish subsequently was caught digging up Binion's stash of silver in Pahrump. Tabish and Murphy were convicted of the murder in 2000 and were sentenced to life in prison, but the Nevada Supreme Court later overturned the convictions.

Prosecutors have maintained that Tabish and Murphy, who were lovers, killed Binion as part of a conspiracy to steal his assets. Lawyers for Tabish and Murphy have argued that Binion died of a drug overdose.

The publicity from the first case made jury selection an arduous process. In attempt to preserve what Murphy's attorney, Michael Cristalli, deemed a jury that represents "the middle of the road," Bonaventure this week emphasized how important it is for jurors to remain guarded.

Bonaventure warned the jurors several times to avoid any reports or media commentary about the case in newspapers, on the television, in magazines, the radio, the Internet or anywhere.

Jurors will have a designated parking area and a bailiff escort to take them to and from the courthouse each day. They will never be out of the bailiff's presence and will be supplied with a 24-hour hotline to inform the bailiff of any problems that occur.

Bonaventure said if any of the jurors discuss the case with anyone, including other jurors, prior to their deliberation about a verdict, he will find out. He told the jury of one female juror in a case who was getting her hair done and told her hairdresser about the case. Another patron in the salon overheard and reported it to Bonaventure, he said.

Bonaventure hasn't decided whether he will sequester the jury when the time comes for deliberations.

The defense attorneys have said they are willing to waive their clients' right to have a jury decide the penalty phase for the defendants if they are found guilty. The prosecution said they had no problem with the defense's request and upon the issuing of a written waiver Bonaventure said he would impose the sentence if the defendants were convicted.