Clear differences drawn in opening arguments

Friday, Oct. 15, 2004 | 10:47 a.m.

After opening arguments in the retrial of Sandy Murphy and Rick Tabish for the alleged 1998 murder of Ted Binion were delivered on Thursday it was clear the jury will be choosing between two drastically different versions of what happened in the days and months leading up to millionaire casino figure's death.

Prosecutors painted Murphy and Tabish as a couple having an affair who sought to be together and who figured they could end their financial difficulties by murdering Binion.

The defense lawyers, however, argued that both defendants were financially sound and were trying to help an ailing heroin addict. Most importantly, they said, there's no real evidence that a homicide ever occurred. They argue, as did the duo's first set of lawyers in their earlier trial, that Binion died because he accidentally overdosed.

In 1998 Binion was found dead in the Las Vegas home he shared with Murphy. Soon afterward, Tabish 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.

Chief Deputy District Attorney Christopher Lalli in opening arguments alleged Murphy and Tabish began their secret affair shortly after Binion lost his gaming license in 1995.

Lalli said Murphy sensed her relationship with Binion was coming to end, so she and Tabish plotted and carried out the killing of Binion.

"The evidence will show that as Tabish's relationship with Murphy was heating up, his financial capability was cooling down," Lalli said. "He was in trouble with the IRS, with liens against himself and his business for hundreds of thousands of dollars in unpaid Montana state and federal taxes."

Lalli said Tabish's friend, Kurt Gratzer would testify that Tabish told him he wanted "help killing a guy named Ted who is a casino owner in Las Vegas."

The prosecutor said Tabish wasn't alone in making reference to Binion's "impending death," as he said Murphy's manicurist, Deena Perry, would testify that Murphy shared some incriminating words with her just seven days before Binion's death.

"Murphy volunteered (to Perry) that her husband was going to die of a drug overdose, and that it would happen within three weeks," Lalli said. "She (Murphy) said it was a better way, because she would get more property."

Although Lalli admitted investigators first believed Binion's death was the result of a drug overdose and not a homicide, he said Dr. Michael Baden, a well-known forensic pathologist who was the chief medical witness for the prosecution in the first trial, would testify that marks on Binion's chest, mouth and wrists indicated he was suffocated after a forced overdose of heroin and Xanax was taking too much time to kill him.

Tabish and Murphy's actions before and after the death, combined with Baden's testimony, would prove their guilt, Lalli said.

Tabish's attorney, Tony Serra, and Murphy's attorney, Michael Cristalli, followed the prosecution's opening argument by each taking turns deflecting the allegations that had been raised.

Serra said there "was no evidence there was ever a homicide," but instead only evidence to show Binion's death was the result of a heroin addict's "involuntary, independent death by overdose."

Cristalli said Binion's death was the result of him first losing his gaming license and over a period of time using more and more heroin each day. Cristalli conceded Murphy and Tabish had an affair, but, he added, "Ted's (Binion) mistress was dope."

Serra and Cristalli each said a homicide was only alleged six months after the "power, money and influence of the Binion family" was unleashed via a private investigation of the death.

While the initial autopsy concluded Binion's death was the result of a heroin and Xanax overdose, the death was changed to a homicide even though there was "no new medical evidence," according to Cristalli.

Serra said in regards specifically to his client, there "were no fingerprints or any element that relates to any theory of homicide." He said witnesses would testify that Tabish was at work from 6 a.m. until the afternoon before resting briefly at his home after which he met with his attorney and Murphy for lunch.

After lunch, Serra said Tabish drove to the airport with someone, and had a plane ticket for Montana so he could visit his wife. Serra said upon finding out the news of Binion's death his client canceled his plans and went to Binion's home to "comfort Sandy (Murphy)."

Serra next addressed the accusation of Tabish's alleged attempt to steal Binion's silver from an underground vault in Pahrump. Serra said Tabish wasn't guilty of attempting to steal Binion's silver, but instead of trying to honor Binion's wishes. He said Binion told Tabish someone was trying to kill him and if it happened he wanted him to "preserve" the silver and make sure Binion's daughter, Bonnie, got it.

Serra said Tabish, who assisted in the construction of the vault, had known its the combination since July and therefore could have taken it at any time.

Cristalli said Murphy didn't even know where the silver vault was located, and certainly didn't attempt to steal it.

Serra said ultimately Tabish and Murphy were "scapegoats" of the Binion family who held an "old fashioned vendetta" against Murphy because they didn't want to see inherit a penny of Binion's money.

Serra said if the Binion family could get Murphy arrested for homicide she wouldn't get any money promised to her in Binion's will.

Serra also said Tabish had complete "economic viability." Tabish had $800,000 in accounts receivable and had just acquired a contract expected to be worth $5 million at the time of Binion's death, Serra told the jurors.

"There is no motive here to steal, to kill, to do anything criminal," Serra said. "His dream had come true in his mind and, the evidence will show, in reality."

Cristalli also questioned the financial motive prosecutors alleged that Murphy had. He said because of a co-habitation agreement Murphy and Binion signed, she was entitled to keep a $90,000 Mercedes that Binion had purchased for her, stock in the Rio and $300,000 worth of assets, which she could collect anytime either she or Binion wanted to end their relationship.

Both defense attorneys used a portion of their opening arguments to attack arguably the prosecution's three most important witnesses against Tabish: Perry, Gratzer and Baden.

Cristalli said Baden examined photographs of Binion's body, but never the body itself, before pronouncing that Binion had been suffocated.

"Dr. Baden in the O.J. Simpson trial testified you can't make a diagnosis in regards to injuries based on photographs and that's what he did in this case," Cristalli said.

The veracity of the first trial's witnesses, who were paid reward money by the Binion Estate during the first trial, was under attack by both Serra and Cristalli in regards to Gratzer and Perry.

Serra said Gratzer, who received $20,000 from the Binion Estate after the first trial, was plain "crazy." Cristalli singled out Perry, who also received $20,000 in reward money from the Binion Estate, saying she didn't come forward with her information until after she confirmed reward money was available, while another employee of the same hair salon, who received no reward money, would testify Murphy never made the statements alleged by Perry.

With opening arguments completed, the prosecution called its first and only witness of the day: Binion's ex-wife, Doris Binion.

Doris Binion recounted her ex-husband's heroin addiction and also the day she overheard Ted Binion on the phone making a "lunch date" with a woman she later discovered was Sandy Murphy.

Doris Binion said she left Ted Binion in 1995 as a result of both the call she overheard and physical abuse she had allegedly suffered at his hands. She said Binion was a daily heroin user from 1980 through 1987, but he stopped to protect himself from losing his gaming license. She said although Ted Binion would often smoke heroin until he fell asleep, she never saw him pass out on the floor as defense lawyers allege happened on the day he died.

The state is scheduled to continue calling witnesses this morning and the trial is expected to last six to eight weeks.