Binion’s last days described

By Matt Pordum

Friday, Oct. 22, 2004 | 11:05 a.m.

Ted Binion's drug dealer, an experienced heroin user himself, testified Thursday that it was "inconceivable" to think someone would stop breathing from smoking heroin.

Defense attorneys for Sandy Murphy, Binion's former girlfriend, and her former lover, Rick Tabish, contend that the couple did not kill Binion. They say that the millionaire casino figure died of an accidental overdose on Sept. 17, 1998.

Binion had been smoking heroin for years, and Peter Sheridan testified that he had delivered 12 bags of "black tar heroin" to Binion the day before Binion died.

Sheridan had been called to the witness stand by prosecutors, but some of his testimony that appeared to be the most helpful to them came while Sheridan was being questioned by Murphy's lawyer, Michael Cristalli.

Although Sheridan agreed with Cristalli that it was common for someone using heroin to have someone with them to make sure they didn't stop breathing, he said Binion had a "pretty big habit" and wouldn't overdose or experience a "hot shot" from smoking the drug.

"Hot shot" refers to a dose of heroin, usually taken by intravenous injection, that is stronger than usual and can kill. He said only someone with a "regular habit" who injects the drug is at risk.

Sheridan testified that he sold Binion four "balloons" of heroin once or twice a week during the final two months of his life. He said the 12 balloons he sold Binion on the night before his death was the most he ever sold Binion in one transaction, and that Binion told him he needed the extra supply because he was going to go to his ranch in Pahrump for at least a few days.

Sheridan, who has a felony conviction in 2003 for intent to sell an illegal substance, said Binion "seemed calm" and "kind of stoned" when Sheridan delivered his heroin order on Sept. 16.

Murphy, who had cried during earlier testimony by her friend Tanya Cropp, began crying when Sheridan said she had opened the door for him at Binion's home.

Sheridan said Binion paid him $180 for the heroin plus a tip of $100 and about 30 pills of Xanax. Although he didn't see Binion take heroin that night, he said he warned Binion that "it's never good to mix heroin with anything."

The Xanax to which Sheridan was referring apparently came from a prescription Binion had obtained from his neighbor, Dr. Enrique Lacayo. Lacayo said Binion had told him he had been doing heroin and wanted the prescription for Xanax to help him get through the withdrawal of kicking his heroin habit.

Lacayo said Binion "seemed sincere" and after a 20-minute conversation and an "eyeball appraisal" of Binion he agreed to give him the prescription of what he characterized as a "therapeutic dose" of Xanax.

The rest of Thursday's witnesses featured several people who collectively were among the last to see or talk to Binion before his death.

Binion's housekeeper Mary Montoya-Gasciogne said Binion was excited the day before his death as he was awaiting the arrival of Jan Jones, who was mayor of Las Vegas at the time. Binion had invited her to his house so he could give her a $40,000 campaign donation for her run for governor.

Jones would later testify "Teddy (Binion) was in a great mood, nostalgic, talking about the old days" when she met with him. Jones said Binion didn't seem frustrated about losing his gaming license and instead was looking forward to getting it back someday.

Montoya-Gasciogne said after Jones left around 11 a.m. Tabish arrived at the house "after noon" with Murphy showing up roughly five minutes later. She said although she regularly worked from 10 a.m. to 3 or 5 p.m. five or six days a week for Binion, Murphy came to her while she was cleaning Binion's bedroom and "told me to leave, (because) she didn't trust me anymore."

Montoya-Gasciogne said she didn't know why Murphy said that and, as she left, Binion and Tabish were sitting in the den talking and laughing. She said she told Binion she would see him in the morning and his last words to her concerned whether "she needed any money."

As Montoya-Gasciogne prepared to leave her house for the Binion home at 9 a.m. on Sept. 17, 1998, Murphy called and, for the only time in Montoya-Gasciogne's 11 months working for Binion, Murphy told her "not to come in this morning, or today," the maid said. She testified that Murphy told her "they (Murphy and Binion) had stayed up all night and Ted (Binion) wasn't feeling good and they were going to sleep all day."

Montoya-Gasciogne also said that in all the time she had worked for Binion she had never seen the drapes closed on the window in the den that overlooks the property's back yard. Authorities and witnesses have testified that the drapes were closed on the day of Binion's death.

Binion's former housekeeper said she wouldn't characterize her former boss' relationship with Murphy as being stable and said the two "screamed a lot." She also said Murphy told her Binion had physically abused her, she had seen bruises on Murphy and Murphy once asked Montoya-Gasciogne to "call 911," but she "never saw anyone get hit."

Montoya-Gasciogne was one of several key witnesses for the prosecution in the 2000 trial that resulted in Murphy and Tabish being convicted of murder in connection with Binion's death. They were sentenced to life in prison, but the Nevada Supreme Court later overturned the convictions.

When Montoya-Gasciogne was asked whether she was happy with the $10,000 reward the Binion estate gave her for providing information leading to arrests and convictions in connection with Binion's death she said, "I thought I should have gotten $20,000," then added, "No, I'm just kidding. I was surprised I got anything."

Tabish seemed miffed by Montoya-Gasciogne's sense of humor, and he turned to one of his lawyers, Joseph Caramagno and said, "She threw that in there."

Montoya-Gasciogne also said that on two occasions close to the date of his death, Binion had unloaded all of the various guns he had in the house. He told the maid that he did that because he didn't want Murphy to be able to shoot him with them, she said. The defense suggested that Binion unloaded the guns prior to abusing Murphy.

Tanya Cropp a self-described "good friend" of Murphy also testified Thursday. Cropp said she regularly went shopping, dancing and to the movies with Murphy.

Like other witnesses, she testified Binion was in a "good mood, happy and coherent" on Sept. 16, 1998. Cropp was at Binion's home for what was her first and last day as Binion's personal secretary.

Cropp, however, she would later feel "stuck in the middle" after Binion asked her if Murphy was cheating on him. She said she told Binion, "I don't know, but the intentions might be there."

Cropp said Binion looked "normal for Ted," which she said meant "normal for someone who uses heroin." She said she had seen Murphy lecture Binion about how "she wanted him to stop using drugs."

Before Cropp left Binion's home that afternoon, Binion had shown her "a bottle of pills" he said would help him stop using heroin, Cropp said.

Binion's nephew, Key Fechser, testified that Binion told him the day before he died that his relationship with Murphy "was over" and that he was looking forward to his future without her.

Fechser was prepared to tell the jury Binion told him he was taking Murphy out of his will, but Bonaventure said doing so would violate his order precluding any mention of whether or not Binion had instructed his attorney James Brown to take Murphy out of his will.

In a pretrial ruling Bonaventure said that allowing Brown's statement from the first trial in which he testified Binion called him the night before his death saying "take Sandy (Murphy) out of the will ... if she doesn't kill me tonight. If I'm dead, you'll know what happened" would violate Nevada's rule against hearsay. He said the statement would in essence allow "Binion to speak from the grave."

The prosecution is scheduled to continue its case this morning, for the tenth day of what is expected to be a six- to eight-week trial. The entire trial is being broadcast on Las Vegas ONE, Cox cable channel 19.