Tuesday, Nov. 18, 2008 | 6:13 p.m.
CARSON CITY – In a 4-3 decision, the Nevada Supreme Court has refused to re-consider the decision, upholding the burglary conviction of Sandra R. Murphy, once convicted and then acquitted of the murder of Las Vegas casino owner Ted Binion.
Murphy was sentenced to 1-5 years for her part in stealing the silver collection of Binion that was buried in a vault in the desert near Pahrump. She has since been released and has moved to California.
Murphy and Rick Tabish were initially convicted of the murder of Binion in September 1998. But the Nevada Supreme Court overturned that conviction. They were acquitted at a subsequent trial but found guilty of burglary and larceny.
The Supreme Court, in a 2-1 decision in March this year, upheld these convictions of Murphy, now 36-years-old. She sought a re-hearing of the full court which was denied Tuesday.
Tabish, now 43, is confined to the Southern Desert Correctional Center in Clark County serving a 10-year term in connection with the 1998 beating of Leo Casey at a sandpit in Jean.
.Chief Justice Mark Gibbons and Justices Bill Maupin, Ron Parraguirre and Michael Douglas signed the majority decision. Justices Michael Cherry, Jim Hardesty and Nancy Saitta would have granted the motion for the full court to consider the conviction of Murphy.
In the 2-1 decision in March, the court said there were sufficient facts showing Murphy entered into an agreement with Tabish to commit burglary and larceny to steal the silver.
Hardesty dissenting said there was insufficient evidence to show Murphy conspired with Tabish to steal Binion’s silver.