Deputy says 24 tons of silver removed from vault

Defense attorneys sought Monday to portray their clients as innocent victims who were trying to retrieve 24 tons of silver at the behest of slain casino executive Ted Binion.

Nye County Sheriff's Department Detective Sgt. Ed Howard testified that Missoula, Mont. contractor Rick Tabish told him he had discussed taking the silver with Howard's boss, Sheriff Wade Lieseke.

Tabish, Michael David Milot and David Lee Mattsen were arrested in Pahrump, Nev. early on the morning of Sept. 19, two days after Binion was found dead in his Las Vegas home. The death was eventually ruled a homicide. Prosecutors believe Binion was killed either by suffocation or by being forced to ingest a lethal dose of heroin and the prescription drug Xanax.

Tabish and his reputed girlfriend, Sandra Murphy, are charged with murder in Binion's death. Murphy, a former topless dancer, was Binion's longtime live-in girlfriend.

Howard testified Monday at the preliminary hearing for Tabish, Murphy, Milot, Mattsen, John Joseph and Steven Wadkins.

Tabish, Murphy, Milot and Mattsen are charged with attempting to steal $7 million in silver belonging to Binion. The silver was buried in an underground vault in Pahrump.

Howard said Tabish told officers at the scene he had talked with Lieseke about digging up the silver. The sheriff has acknowledged receiving a call from Tabish, but has denied giving his approval to dig up the silver.

Howard said the sheriff was not acting normal when officers arrived at the vault in the pre-dawn hours. He said the sheriff was very agitated about Tabish's claim that he'd been given permission to dig up the silver.

Tabish said he'd been told by Binion to dig up the silver if anything happened to him and put it in a trust fund for the gambler's daughter.

Howard admitted under cross examination that his testimony might not sit well with his boss.

"Does your testimony today affect your position with the Nye County Sheriff's office," defense attorney Anthony Sgro asked.

Howard paused, then responded, "That's a possibility."

Howard confirmed that Tabish was insistent the sheriff be contacted, and that the sheriff would confirm Tabish's plans.

Mattsen and Milot are free on bond on the silver theft charges.

Only Tabish and Murphy are charged in the murder. Murphy is free on $300,000 bond while Tabish is being held without bond.

Murphy, Tabish, Steven Wadkins and John Joseph are charged with kidnapping, assault and extortion in the kidnapping of Leo Casey. Authorities contend Tabish was trying to take control of a sandpit owned by Casey.

Wadkins and Joseph are free on bond on those charges.

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