Binion silver focus of testimony

A Nye County police sergeant was to resume testifying today about the arrests of three men who dug up Ted Binion's silver fortune two days after his Sept. 17 murder.

Sgt. Ed Howard testified on Saturday that Nye County sheriff's deputies seized $3,200 worth of fresh $100 bills from Montana contractor Rick Tabish and his employee, Michael Milot, during their early-morning arrests. Each man had $1,600.

Clark County prosecutors believe the $100 bills, most of which had sequential serial numbers, were stolen from Binion after his death. The longtime gambling figure had obtained $40,000 in new bills from his banker two days before he died.

Tabish, 34, and Binion's 27-year-old girlfriend, Sandy Murphy, are charged in Binion's slaying.

The couple, who were reported to be lovers at the time of Binion's death, Milot and one other man, David Mattsen, a former Binion ranch manager in Pahrump, are charged with trying to steal the silver, which had been buried in an underground vault. Binion's estate has estimated the silver is worth $4 million, but one appraiser said it may be valued as high as $5 million to $7 million.

Defense lawyers were to cross examine Howard on the witness stand today, as the preliminary hearing for the defendants entered its second week in the courtroom of Justice of the Peace Jennifer Togliatti. The hearing is taking place to determine whether there is enough evidence for the defendants to stand trial.

Steve Huggins, a former Nye County police sergeant who participated in the silver arrests, also was to testify today.

Jared Pace, a former Tabish truck driver, was expected to tell Togliatti later in the hearing that he had observed Tabish and Milot loading silver dollars in plastic tubes into Milot's truck from a Las Vegas storage facility the day after Binion's murder.

Prosecutors also have charged Tabish and Murphy with stealing Binion's valuables from his Las Vegas home following his death. Binion had kept a $300,000 collection of rare coins and currency at the home.

Howard described how Tabish, who owns transportation and contracting companies, and his co-defendants used heavy equipment to dig up and load the silver on tractor trailers in the middle of the night.

Sheriff's deputies found heavy silver bars, boxes of silver bullion, bags of coins and boxes filled with tubes of uncirculated silver dollars, Howard testified.

Tabish acknowledged lying to Howard when first asked why he was on Binion's property, the sergeant said.

Ultimately, Tabish presented Howard with a story that Binion had asked him to take the silver out of the vault in the event of his death, turn it into cash and set up a trust account for Binion's 19-year-old daughter, Bonnie, the chief heir to the casino man's estate.

Richard Wright, one of Binion's estate lawyers, is expected to testify later in the hearing that Tabish never had permission from the estate to dig up the silver.

Tabish also acknowledged to Howard that he was at Binion's Las Vegas home the day he died.

Howard said Tabish told him that Binion had indicated he was going to take a bottle of the prescription sedative Xanax, go to sleep and wake up free of heroin.

Prosecutors believe Tabish's statements to Howard will cut into his alibi claims in Binion's death.

Binion's body was found at his 2408 Palomino Lane home Sept. 17 next to an empty bottle of Xanax that he had obtained the day before his death. Binion also had purchased 12 balloons of tar heroin from his longtime street supplier that same day.

Prosecutors now are acting under the theory that Binion was suffocated by his killers as part of a scheme to make it appear as though he had died of a drug overdose.

Howard testified that Tabish told him Binion wanted him to "take care of" Nye County Sheriff Wade Lieseke after the silver was dug up. Tabish telephoned Lieseke several times prior to the attempted heist, but Lieseke said he knew nothing of Tabish's plans.

Defense lawyers are expected to call Lieseke to the witness stand after prosecutors present their case.

Earlier Saturday, Steven Kurt Gratzer, a 36-year-old high school friend of Tabish, made a controversial appearance in court.

Gratzer, who received immunity from prosecutors to testify, was evasive on the witness stand and appeared to contradict his previous statements to homicide detectives and a county grand jury.

Several times, Togliatti had to warn the Montana man not to sidestep questions and once informed him he could face contempt charges if he failed to cooperate.

Gratzer acknowledged Tabish had talked to him about killing Binion. But contrary to his previous statements, he said it was done in an ambiguous way and he thought Tabish was joking.

Gratzer denied making several statements to authorities in which he gave specifics about Tabish's alleged scheme to kill Binion. He often sparred with prosecutors and defense lawyers during his nearly five hours of questioning.

At one point during his testimony, courtroom observers and television viewers saw Tabish appear to wink at Gratzer.

Though he recanted some aspects of the murder plot, Gratzer acknowledged that he performed tasks for Tabish related to the scheme, including checking with a Missoula, Mont., pharmacist about what it would take to kill someone with heroin and anti-anxiety drugs.

At Tabish's request, Gratzer also checked with cellular phone companies about whether authorities could pick up the location of cell phone calls. Tabish was in regular phone contact with some of his co-defendants in the hours before and after Binion's death. He also telephoned Murphy eight minutes before she reported discovering Binion's body.

Gratzer told others in Montana, such as Missoula juvenile detention officer Timothy Boileau, about Tabish's efforts to involve him in Binion's murder. Prosecutors are considering calling Boileau, who was interviewed by homicide detectives, later in the hearing.

Prior to Gratzer's testimony, Binion's housekeeper, Mary Montoya-Gascoigne wrapped up her testimony Saturday.

Montoya-Gascoigne discussed a list of valuables missing from Binion's home following his death.

Under cross examination, the housekeeper acknowledged making inconsistent statements to investigators following a Sept. 25 interview with the Sun.

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