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Binion Case Index Profiles of the Players in the Case Read Ted Binion's Autopsy Report |
Updated April 19, 2000, 6:24 p.m. ET Defense tries different strategies in discrediting Baden
LAS VEGAS (Court TV) Rick Tabish and Sandy Murphy face identical charges of murdering a casino millionaire, but their defense attorneys diverge on how to undermine Dr. Michael Baden, the state's star witness. Murphy's attorney, James Shellow, chipped away at the pathologist's testimony for more than five hours with a line of questioning so detailed and quarrelsome that Judge Joseph Bonaventure joked he would be an old man before Shellow finished. In contrast, Tabish's lawyer, Rob Murdock, went after Baden Wednesday with just 18 minutes of tightly-focused cross-examination that culminated in an argument for reasonable doubt that even the prosecution called "dramatic."
Baden, hired by Binion's family and later by the prosecution, is the only expert advancing the state's theory that Murphy and Binion restrained and then suffocated Binion. The Las Vegas medical examiner, for example, testified earlier that Binion was murdered, but said there was no medical evidence of suffocation. Murdock, Tabish's attorney, focused exclusively on the differing opinion's of medical examiner Dr. Lary Simms and Baden, who he repeatedly noted was "brought in from New York by the Binion estate." He set up two easels before the jury, one labeled Simms and one Baden. He questioned Baden about differences in the doctors' experience and conclusions, and wrote his answers on the easels. He noted that Baden had never seen Binion's body while Simms had, that Baden relied on polaroids while Simms made observations in person, and that Baden read blood test reports while Simms actually drew the blood. He highlighted medical disagreements between the doctors, such as whether the drug levels in Binion's body were lethal. "Reasonable people can disagree, right?" Murdock asked. Baden answered "Yes," and Murdock wrote "REASONABLE" on one easel. Murdock continued, asking if "another word for two people disagreeing is that two people doubt each other, right?" Baden agreed and Murdock wrote "DOUBT" on the easel. "So what we have here between the two of you" said Murdock, circling the two words and slamming down his pen, "is reasonable doubt, isn't that right, doctor?" Prosecutor David Wall who followed Murdock in questioning Baden warned the jury, "I won't be quite as dramatic." Murdock's cross-examination seemed especially theatrical coming on the heels of Shellow's painstaking two-day questioning of the pathologist. Shellow, a Wisconsin septuagenarian hired by Murphy specifically to question Baden, grilled the doctor on a wide range of subjects, including medical studies on drug abuse dating to the 1930s and the details of Baden's 1982 employment dispute with then New York City mayor Ed Koch. Shellow tried to highlight inconsistencies in Baden's writings and testimony over his 40-year-career. For example, when Baden said his demotion as New York City medical examiner was not politically motivated, Shellow confronted him with a two-decade old deposition in which he said it was. During this questioning, Baden often attempted to give lengthy explanations while Shellow insisted he answer "a simple yes or no." Judge Bonaventure repeatedly had to interrupt bickering from the two men.
Harriet Ryan |
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