Battle brews over alleged 'rubbish' in Binion affidavit

Ted Binion's girlfriend and the chief suspect in the theft of his silver fortune in Pahrump are expected to fight an order forcing them to testify in court about valuables missing from the late gaming executive's Las Vegas home.

The testimony of Sandy Murphy, 26, and Rick Tabish, 33, one of three men arrested in Pahrump after digging up $4 million in buried Binion silver, is being sought in probate proceedings involving Binion's multimillion-dollar estate.

Both Murphy and Tabish, upon the advice of their lawyers, have refused to be questioned by homicide detectives investigating Binion's mysterious Sept. 17 death.

Tabish's lawyer, Louis Palazzo, on Tuesday described the affidavit from Binion's older brother, Jack Binion, that persuaded Chief District Judge Lee Gates to order Murphy and Tabish to court Feb. 4 as "rubbish" and an "absolute distortion."

"I think it's a twisted version of events to paint a picture that suits their (the estate's) interests," Palazzo said. "It's riddled with a host of inaccuracies."

Palazzo complained that Gates issued the order without giving him a chance to refute allegations linking Murphy and Tabish to the missing Ted Binion items that include a $300,000 collection of rare currency.

"We didn't have an opportunity to be heard by the judge," Palazzo said. "We'll file the appropriate response."

Palazzo refused to say what was inaccurate in Jack Binion's 10-page affidavit.

The Sun reported Tuesday that Binion, former president of the Horseshoe Club and executor of his brother's estate, had broken a four-month silence in the affidavit and raised new questions about the activities of Murphy and Tabish before and after Ted Binion's death.

Jack Binion alleged that Murphy and Tabish were having an affair and were observed together at two posh Beverly Hills hotels in the months before Ted Binion died.

Jack Binion also charged that Murphy and Tabish and the two other Pahrump suspects, Michael Milot and David Mattsen, either cleaned out Ted Binion's safe of its valuables after his death or have knowledge of the whereabouts of the missing items.

Besides the $300,000 collection of rare currency, Jack Binion said, a $20,000 bundle of $100 bills, 100 gold coins worth $35,000 and a bag of diamonds are missing from the safe.

Another District Court judge recently ruled that Murphy was entitled to Ted Binion's 2408 Palomino Lane home and contents and $300,000 in cash, despite a claim by the estate that Ted Binion had instructed his lawyer to cut her out of his will the day before he died.

Murphy's lawyers, Oscar Goodman and David Chesnoff, said Tuesday they planned to "fight tooth and nail" any attempts to take away what is rightfully hers.

"Teddy Binion intended for her to have the house and the contents, and we're going to make sure Teddy Binion's wishes are fulfilled," Chesnoff said.

Tom Dillard, a private investigator hired by the estate, found Murphy and Tabish together Tuesday at Tabish's MRT transportation company on the far south end of Las Vegas Boulevard and served them with the papers ordering them to court next month.

With two investigations (one in Pahrump and the other in Las Vegas) related to Ted Binion's death in the works, Murphy and Tabish could face legal liabilities if forced to take the witness stand.

"They'll have to testify truthfully about things they don't want to talk to the police about," one legal source familiar with both cases said.

Homicide Lt. Wayne Petersen said today that detectives will watch closely the proceedings next month in the estate case.

"We're certainly interested to see the outcome of the civil investigation," he said.

Petersen added that the probe into Ted Binion's death was "moving forward."

"There still are other things we're doing," he said. "We're gathering more information all the time."

David Roger, a top prosecutor in the district attorney's office, recently was assigned to help detectives with the investigation.

Clark County Coroner Ron Flud, meanwhile, said Tuesday that new toxicology tests found no common poisons, such as arsenic and strychnine, in Ted Binion's body.

Flud, who has officially classified the manner in which Binion died as "undetermined," said his office was in a "holding pattern" waiting for police to complete their investigation.

Previous toxicology tests found lethal levels of both heroin and Xanax, a prescription sedative, in the dead man's system.

Murphy telephoned police at 3:55 p.m. Sept. 17 to report finding his body next to an empty bottle of Xanax. Police found no signs of foul play at the home and no trauma on the body.

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