Private investigator seeking $37,338 tied to Ted Binion case

By Steve Green

Friday, Aug. 28, 2009 | 1:28 p.m.

Nine years after the first Ted Binion murder trial, Las Vegas private investigator Mike Wysocki is still trying to collect thousands of dollars he claims to be owed for his work on behalf of defendant Sandy Murphy.

Wysocki filed a lawsuit Wednesday in Clark County District Court in Las Vegas over the $37,338 he claims to be owed -- but not against Murphy.

Rather, Wysocki is suing an attorney he says represented him in a failed lawsuit against Murphy and her financial benefactor, William Fuller.

Murphy and her lover Rick Tabish were convicted in 2000 of killing Murphy's boyfriend, Horseshoe Club executive Ted Binion, in 1998. But both were acquitted of the murder counts during a 2004 retrial.

Wysocki initially sued Murphy and Fuller in July 2000 and was represented by another attorney at that time. Las Vegas attorney John Wawerna joined the case in April 2001, Wednesday's lawsuit says.

The suit against Wawerna says Wawerna failed to diligently pursue the case. Wysocki claims this caused the lawsuit to be dismissed, on a defense motion for lack of prosecution, by Clark County District Court Judge Susan Johnson in August 2007.

A request for comment was left Friday with Wawerna's office.

Wysocki is represented by attorney E. Brent Bryson in Wednesday's lawsuit.

Wysocki maintains he was retained by Murphy and Fuller to perform investigative services and that they have failed to pay the $37,338 plus accrued interest due under an enforceable oral contract.

Fuller has said he fired Wysocki after the investigator double-billed and overcharged him for work on the case.

Wednesday's suit against Wawerna seeks unspecified compensatory and punitive damages.

Wysocki claims Wawerna took no action to appeal or have the court set aside the 2007 dismissal of his case against Murphy and Fuller.

The suit, alleging breach of contract and other claims, also alleges Wawerna failed to timely file appropriate documents and bring the case to a trial within the required five years.

Wawerna breached "fiduciary duties by failing to exercise due care and skill in representing Wysocki," the lawsuit charges.