Defendants in Binion murder to seek release

Sandy Murphy and Rick Tabish, who remained in jail over the Fourth of July weekend in the murder of Ted Binion, are expected back in Justice Court Wednesday to seek their release while they await trial.

Murphy's lawyer, Bill Terry, has said he will ask Justice of the Peace Jennifer Togliatti to free Murphy, Binion's 27-year-old girlfriend, on her own recognizance, a request that Chief Deputy District Attorney David Roger plans to oppose.

Roger, who said in court last week that he was reserving his right to seek the death penalty against Murphy and Tabish, expects to argue that both defendants should stay behind bars without bail.

This comes as Tom Pitaro, the lawyer for Steve Lee Wadkins, who's charged with Tabish in the torture of a business partner, filed papers in Justice Court today seeking to sever Wadkins from the upcoming preliminary hearing in the murder case.

Togliatti is considering setting an Aug. 16 hearing to determine whether to bind over for trial all six defendants charged in an 11-count indictment involving Binion's Sept. 17 murder and related crimes. The hearing is expected to last as long as two weeks because of the large amount of evidence accumulated during the nine-month homicide investigation.

Murphy and Tabish are charged with killing Binion, a former Horseshoe Club executive, and robbing him of his silver fortune in Pahrump. Two other men, David Lee Mattsen of Pahrump and Michael David Milot of Las Vegas, also are charged in the silver theft plot. Both are free on bail.

Pitaro said in his papers today that having Wadkins, also free on bail, lumped together with the murder defendants will prejudice his client's ability to receive a fair hearing on kidnapping, assault and extortion charges in the alleged torture of Leo Casey.

"The overwhelming majority of the time spent in court will have to do with the murder and silver theft counts, with which Steven Lee Wadkins is not charged," Pitaro wrote. "It is unfair and prejudicial to him that he must bear the expense of an extended preliminary hearing solely to accommodate the state."

Other defendants not charged in the murder are expected to join Wadkins in his move for a separate preliminary hearing. Roger opposes breaking up the case.

On Wednesday, Togliatti also will take up a bid by Tabish's lawyer, Steve Wolfson, to add an attorney at taxpayer expense to Tabish's defense team. Both Wolfson and Terry have previously said that famed Harvard University law professor Alan Dershowitz has been retained to assist in the defense.

Togliatti told defense lawyers last week she expected them to let her know by Wednesday whether they will seek her removal from the case because of a campaign contribution she received from the Binion family. The lawyers said in court they weren't likely to ask Togliatti to step aside.

Homicide detectives, meanwhile, have alleged that Tabish was the brains behind the scheme to murder Binion and steal his assets.

A 109-page affidavit filed by police accuses Tabish, 34-year-old Montana contractor, of using us close relationship with Murphy to gain access to Binion's wealth. Binion's estate has been estimated at $30 million.

Detectives contend Murphy and Tabish were having an affair at the time the murder conspiracy was hatched.

Murphy and Tabish have denied being romantically involved and having anything to do with Binion's death.

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