Binion lawyers want murder probe

Ted Binion's lawyers Wednesday urged Metro Police to conduct a full-blown murder investigation into the longtime gaming figure's death following a toxicology report that found lethal levels of heroin and Xanax in his body.

"The fact that there were both of those substances there raises grave suspicions in my mind," said Harry Claiborne, who tried numerous murder cases during his well-known career as a criminal defense attorney.

"These results should convince the police department to do an all-out homicide investigation."

Richard Wright, another prominent defense attorney with murder trial experience, said he also "hoped" that homicide detectives now would step up their probe.

"If Ted had lethal doses from two different substances, that rules out an accidental overdose," said Wright, who is overseeing Binion's multimillion-dollar estate. "And I know he didn't kill himself."

Binion's sister, Horseshoe Club hotel-casino owner Becky Behnen, who has previously urged police to treat her brother's death as a homicide, took the results of the toxicology tests hard on Wednesday.

"It makes me feel sick inside," Behnen said. "I'm heartbroken."

Though the 55-year-old Binion had a history of heroin use, his friends and family members insisted he was not the type to take his own life.

Friends all described him as upbeat the week of his death.

Clark County Coroner Ron Flud, who received the toxicology report, refused Wednesday to classify Binion's death as an accident, suicide or homicide.

Flud said the death is being listed as "undetermined" until evidence suggesting one of the other three possibilities is brought to him.

"We're keeping an open mind because of all of the allegations that are flying out there," Flud said. "I'd say there are still some questions that need to be answered."

Homicide Lt. Wayne Petersen said detectives view Binion's death as "suspicious," but aren't willing to call it a murder.

An autopsy and evidence at Binion's home, where his body was found Sept. 17 next to an empty bottle of Xanax, a prescription sedative, did not show signs of foul play, Petersen said.

"There's still nothing to indicate that this is a homicide," Petersen said. "If any other drug abuser died of an overdose, it probably would have been ruled accidental."

Petersen, however, acknowledged there are unanswered questions about Binion's death and that detectives now plan to spend time interviewing potential witnesses.

"The only person who really knows all the details is Ted Binion, and we can't talk to him," Petersen said. "We'll talk to as many people as we can to try to ascertain the truth."

High on the list of those police want to interview are Binion's girlfriend, Sandy Murphy, who reported his death to authorities, and Rick Tabish, who was charged this week with trying steal a fortune in buried silver from Binion in Pahrump less than 36 hours after his death.

Detectives investigating the Sept. 19 theft of an estimated $4 million in silver coins and bars have uncovered evidence of a possible romantic link between Murphy and Tabish.

Lawyers for Murphy and Tabish have so far refused to allow Metro homicide detectives to interview them.

Murphy's attorney, David Chesnoff, said today he's not sure whether he'll agree to an interview in the wake of the toxicology report.

"She's still grieving at the loss of her friend, whom she lived with," Chesnoff said.

He added there's nothing in the toxicology report that suggests Binion's death wasn't caused by the "ingestion of the mixture of drugs."

Chesnoff was critical of Claiborne and Wright for encouraging police to conduct a homicide investigation.

"It's amazing how defense lawyers are now telling policemen how to conduct police investigations," he said.

Petersen said detectives intend to question several Binion employees and associates interviewed by the SUN who have pointed out suspicious occurrences at Binion's home prior to his death.

A housekeeper told the SUN that Murphy, who had a stormy relationship with Binion, instructed her not to come to work the morning of Sept. 17.

Binion's real estate agent, Barbara Brown, said she spoke to a distressed Murphy on the telephone several hours before Murphy reported his death to police.

Surveillance expert Brad Parry said a recorder linked to four video cameras outside Binion's home had been tampered with two days before Binion died and was being repaired on the day of his death.

And Wright told the SUN this week that a valuable collection of old coins and currency Binion kept at his home is missing.

A longtime Binion friend said Binion told him a day before his death that he kept $500,000 in a safe at his home. The friend said Binion also showed him $50,000 in his pocket that day.

Wright indicated there was nothing of value in Binion's safe the day he died.

On Wednesday, another Binion employee stepped forward.

Thomas Loveday, who was Binion's gardener for 14 years, said he noticed several odd things while working on Binion's yard from 9 a.m. until 1:15 p.m. on the day of his death.

He said the curtains in the living room, which normally were open, were drawn that day. The curtains blocked a view of the den where Binion's body was found by police.

Loveday said Binion's bed looked as though it hadn't been slept in.

"His room was immaculate he said," adding that it usually looked messy whenever he saw it.

Loveday said he never saw or heard anyone inside the house while doing his yard work.

Both of Binion's dogs, he added, were outside and acting nervous the entire time.

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