Facebook
Fark
Digg
Reddit
StumbleCOURTS:
Murphy has tough road to prove case against state
LAS VEGAS SUN FILE
Sandy Murphy reacts along with her attorney, Michael Cristalli, in November 2004 in District Court when jurors found her not guilty of killing casino figure Ted Binion, but guilty of conspiring to commit burglary and/or larceny as well as guilty of burglary and grand larceny.
Tuesday, Dec. 22, 2009 | 2 a.m.
Sun Archives
- Murphy suing state for malicious prosecution in Binion case (12-16-2009)
- Murphy loses in appeal to collect from Binion’s estate (1-8-2009)
- Court rejects appeal of Sandra Murphy (11-18-2008)
- The dead tycoon, his girlfriend, her lover and stolen silver (10-24-2008)
- Appeals denied for Tabish and Murphy in Binion case (3-4-2008)
- Binion cases long on drama but out of time (7-11-2007)
- Lawyer recounts why he cut Murphy out of will (10-28-2004)
Sandy Murphy is going to great lengths to clear her tarnished image as a defendant in the highly publicized death of Las Vegas casino executive Ted Binion, but she’s a long shot to succeed in the courts.
Now an art gallery owner in Laguna Beach, Calif., Murphy is attempting to erase her felony record by suing Nevada, alleging malicious prosecution and false arrest.
In arguably the highest profile trial in Las Vegas’ history, Murphy, who was Binion’s girlfriend, and her lover Rick Tabish were convicted in 2000 of suffocating the 55-year-old casino heir. A second jury acquitted Murphy and Tabish when the case was retried in 2004.
But the second panel of jurors agreed with the first on another aspect of the case — that Murphy and Tabish plotted to steal Binion’s $6 million-plus in silver bullion from an underground vault in Pahrump. Because the Nevada Supreme Court upheld Murphy’s convictions for burglary and grand larceny, those remain on her record even though she was released from prison for time served after the second trial.
Those convictions present what is likely an insurmountable hurdle for Murphy, experts say.
Winning this type of lawsuit is virtually impossible when the alleged malicious prosecution resulted in a conviction that stands, professor Ralph Brill of the Chicago-Kent College of Law said.
To prove false arrest and malicious prosecution, a plaintiff must be able to show that “officials lacked probable cause to believe that the defendant committed the crime, and acted out of personal malice and not out of a desire to bring a supposed criminal to justice,” Brill said. “Usually, the fact of conviction for the crime proves that there was probable cause to bring the charges.”
In Murphy’s case, she was convicted twice on the silver charges.
Las Vegas criminal defense attorney Osvaldo Fumo agreed Murphy “faces an uphill battle” because of her burglary conviction. Fumo said it is one thing to claim malicious prosecution during the pretrial stages where, for instance, the defendant is a drug dealer or pimp who prosecutors personally detest. But it’s another matter to try to make that argument after a conviction, he said.
“That’s when it’s very, very difficult to prove,” Fumo said.
That may explain why the 37-year-old one-time stripper is acting as her own attorney. She has gotten off to a rocky start, too.
The suit she filed Dec. 15 included a claim that her lawyer, Michael Cristalli, had been ineffective. But in an Associated Press story published Dec. 17, she said part of her lawsuit was a mistake and she intended to amend it. She hadn’t as of Monday afternoon, however.
The Binion case had all the elements of stirring drama, which is why former Sun columnist and investigative reporter Jeff German’s book about the case, “Murder in Sin City,” was turned into a made-for-TV movie. Mena Suvari of “American Beauty” fame portrayed Murphy.
It was a story that revolved around a love triangle featuring Murphy, Montana contractor Tabish and the son of the late Benny Binion, founder of the famed Horseshoe Club that gave birth to the World Series of Poker. Elements of illicit drug use, buried treasure and missing rare coins made the story all the juicier.
The trials were sensational, even by Las Vegas standards where reputed mobsters had been run through the courts for years. There were colorful defense attorneys and ambitious prosecutors. Murphy even had a wealthy elderly benefactor pay for her defense during both trials. Hordes of media covered the case.
Murphy’s lawsuit shows she can still make news in Las Vegas, but her effort to clear her name completely appears destined to wind up as more of a passing footnote to the Ted Binion saga than an additional chapter.
Discussion: comments so far…
Comments are moderated by Las Vegas Sun editors. Our goal is not to limit the discussion, but rather to elevate it. Comments should be relevant and contain no abusive language. Comments that are off-topic, vulgar, profane or include personal attacks will be removed. Full comments policy. Additionally, we now display comments from trusted commenters by default. Those wishing to become a trusted commenter need to verify their identity or sign in with Facebook Connect to tie their Facebook account to their Las Vegas Sun account. For more on this change, read our story about how it works and why we did it.
Only trusted comments are displayed on this page. Untrusted comments have expired from this story.
No trusted comments have been posted.
Post a comment
Most Popular
- Viewed
- Discussed
- E-mailed
- Coolican: Henderson officials out of loop on police brutality case, raising red flags
- Lumberjacks — ‘Where the Big Boys Eat’ — hiring for North Las Vegas location
- Berkley draws stark contrasts with Heller over immigration
- Two dead after accident in downtown Las Vegas
- Howard Miller, prominent lawyer and ‘true Las Vegas native,’ dies at 68
- Instant Analysis: Debating whether UNLV should continue series with San Diego State
- Superstar Whitney Houston dies at 48
- Short memories may serve president
- Police looking for man in white Ford Explorer
- Saying ‘No mas’ to government
Blogs
The Kats Report
Color from scene at Thomas & Mack: We have a wire job! Rebels win, and Louie Armstrong sings!
South Point owner Michael Gaughan's take on 'Vegas Stripped': 'I'll give it an 8' (4 Comments)
Author relishes writing the life story of ‘larger-than-life’ Oscar Goodman (3 Comments)
Elsewhere
Landowner: All roads could lead to Uxbridge casino
Revel reveals smoke-free casino opening
Cirque du Soleil show in Sands China casino to close this month
Meet the woman behind Sheldon Adelson
The Sun
Locally owned and independent for more than 50 years.
Keep it up Sandy! we need you now more than ever! While your at it bring OJ, Bugsy and Lefty along for the ride! This is good stuff for promoting Vegas!!!
"The suit she filed Dec. 15 included a claim that her lawyer, Michael Cristalli, had been ineffective."
So she's found not guilty of murder but now claims she had ineffective counsel????
I think they were/are both guilty of murder.
dwms Does the word accomplice come to mind. the district attorney has every right to bring charges,whether directly or through a grand jury. There were more than enough factors to charge Murphy with murder.
In the picture above it looks as if Cristalli just saved her butt. Pictures say a thousand words.
I think some day Sandy should run for Mayor!
Michael Cristalli wears a ton of gel in his hair, and that makes him colorful?
I believe she gave Teddy a killer cocktail and planned for life after Teddy was gone and with his money. She sheds crocodile tears.
You literally couldn't pay an attorney to bring this case. It would be a violation of ethical standards. Say what you will, but in a high profile case like this, the State Bar may actually take notice. I predict this case will end before January does.