Judge delays arraignment

Justice of the Peace Jennifer Togliatti today agreed to set bail for Sandy Murphy in the murder of Ted Binion.

But Togliatti ordered Rick Tabish, the second suspect in Binion's slaying, to remain behind bars, calling him a flight risk and a danger to the community.

Togliatti set bail for Murphy at $300,000 or a $3 million surety bond and imposed tight restrictions on her freedom.

Murphy was ordered to stay under house arrest with electronic monitoring, surrender her passport, have no contact with any other defendants and not talk to any witnesses in the case unless in the presence of her attorney.

Togliatti told Murphy she would have "zero tolerance" if she violated any of the conditions.

The justice of the peace at the request of Chief Deputy District Attorney David Roger agreed to hold a hearing as early as Friday on the source of the bail Murphy posts.

In Tabish's case, Togliatti said she was denying bail because he faces several other criminal charges including those involving alleged crimes of violence.

Murphy, 27, Binion's live-in girlfriend, and Tabish a 34-year-old Montana contractor linked romantically to her, have been in jail since they were taken into custody by homicide detectives on June 24.

Their arrests capped a well-publicized, nine-month investigation that attracted national media attention.

On Wednesday, Togliatti scheduled an Aug. 16 preliminary hearing for Murphy and Tabish and the four defendants charged with lesser crimes related to Binion's Sept. 17 murder.

Following that hearing, which is expected to last up to 10 days, Togliatti will decide whether there's enough evidence to order the six defendants to stand trial on the charges contained in an 11-count indictment filed June 24.

The four facing lesser charges -- David Lee Mattsen, Michael David Milot, Steven Lee Wadkins and John Bradford Joseph -- all are asking Togliatti for separate preliminary hearings and trials. Togliatti said she will hear those requests at 10 a.m. on July 23.

Mattsen and Milot are facing charges with Tabish and Murphy stemming from the attempted theft of $4 million in silver from Binion in Pahrump two days after his murder. Wadkins and Joseph are charged with Tabish in a plot to kidnap and torture a onetime business partner.

Murphy and Tabish, shackled and wearing Navy blue jail garb, were present during Wednesday's 90-minute hearing. Murphy's demeanor was solemn, and she looked slightly haggard, possibly from the toll of two weeks in jail. She cried throughout much of the hearing -- in stark contrast to her perky court appearance last week in which she often smiled at the gallery and mouthed the words, "I love you" to family members.

Defense lawyers for Murphy and Tabish had sought the release of their clients on $100,000 bond with tight supervision, saying both weren't flight risks or threats to the community.

Bill Terry and Steve Wolfson said their clients have known for months that homicide detectives were looking to arrest them and neither one has fled the state.

But Roger disagreed, pointing out the alleged violent tendencies of the two murder defendants and insisting they each had access to large sums of money capable of enhancing their ability to flee.

Terry and Wolfson also attacked the credibility of the district attorney's witnesses against their clients and predicted they would prevail at trial.

"I submit to you," Wolfson told Togliatti, "this case isn't as strong as they feel it is."

Wolfson said Tabish and Murphy were not having an affair, as police allege, and that Binion even knew and approved of the two staying at a posh Beverly Hills hotel the weekend before his death.

Tabish's wife, who lives in Missoula, Mont., with the couples two small children also "stands by her husband," Wolfson said.

Terry described Murphy as someone who "babied" and cared for Binion, who was hooked on drugs and alcohol.

"He was a heroin addict. Is this a big surprise?" Terry asked.

But Roger pointed to evidence contained in a 109-page police affidavit that suggested Binion died violently by having heroin and the prescription sedative, Xanax, forced into his system.

Roger said medical and physical evidence shows that the death scene at Binion's house was staged.

Binion died on his right side, but his body was discovered by police on its back in a near mortuary pose, Roger said.

Roger described the lengthy homicide investigation as "methodical," saying there was "no rush to judgment."

Binion's house was ransacked and cleaned out of its valuables before police arrived on the scene, he added.

archive