By Laura Barandes
Court TV

Defense witness Dr. Raymond Rawson proved a headache for prosecutors Thursday when he testified that millionaire Ted Binion was not manually suffocated to death.

An expert in dentistry and oral pathology, Chief Dental Examiner Rawson testified that, from looking at pictures and studies of Binion's mouth area, "I don't see anything consistent with suffocation."

Sandy Murphy, Binion's live-in girlfriend, and Rick Tabish, her lover, are accused of killing Binion for his money and to free her from an allegedly abusive relationship. Prosecutors contend that the pair forced a potent mixture of heroin and Xanax down Binion's throat and then suffocated him when the gardener showed up unexpectedly. The defense argues that Binion, a heroin addict for nearly 20 years, died of an overdose at his own hand.

There has been no evidence to dispute the fact that Binion himself bought 12 balloons of tar heroin and filled a prescription for Xanax the day before he died. However, prosecutors claim that redness around Binion's mouth, marks on his chest and other abrasions on his body are evidence of murder.

Rawson took the stand in spite of heated argument from the prosecution that he was not qualified to give testimony about how Binion died nor about the so-called "button marks" found on the dead man's chest. Rawson is not a licensed forensic pathologist.

But defense attorney John Momot insisted that he had to be allowed to dispute the allegations of prosecutors that one of the marks was consistent with the muzzle of a gun. Momot complained that he had no other way to defend his case on that point because all of Binion's clothes, including the shirt that might hold the significant button, had simply vanished from the hands of state investigators.

Although the particular "muzzle" theory was never actually stated during the state's case, Judge Joseph Bonaventure decided to allow Rawson to testify regarding the forensics of Binion's death.

"I simply ruled out the gun barrel," said Rawson, addressing the pictures of circular marks on Binion's chest. "There is no doubt in my mind at all that the button is what made that mark...Really, this is very straightforward."

Though Rawson's testimony seemed to support the prosecution's contention that one of the defendants applied constant pressure on Binion's chest to keep him from expanding his lungs, major differences soon emerged.

Rawson said of the darker mark, "there is a repetitive nature to this," noting that the pattern of the button moved slightly. "This button had been pressed into the tissue several times." He testified that type of mark was consistent with the repeated jars from CPR or from a sternum rub, not from a constant pressure of someone sitting on the chest or pressing down on it with a knee.

Prosecutor David Wall, visibly angry that Rawson was allowed to give this testimony, pointed out that Rawson was not qualified as a forensic pathologist. However, Wall's ire seemed to hamper his cross-examination of the witness. He directed Rawson's attention to an unrelated 1988 deposition in which the doctor outlined that his expertise was limited to four areas, all confined to oral and dental pathology.

But Rawson, unshaken, countered that in the twelve years that had passed, he had done research and published many articles on the subjects he was covering in the Binion case. He even observed that "no one knew" in 1988 about some of the science used in this current investigation.

Rawson also damaged the prosecution's suffocation theory by testifying that the absence of marks on the inside of Binion's lips suggested that no great pressure had been applied to his mouth.

"It doesn't take a significant outside injury to cause an inside injury," said Rawson. By this testimony, Rawson suggested that the redness around the outside of Binion's mouth area was not suggestive of pressure from suffocation because there would have been damage to the more sensitive inside tissue.

"There were no tears, no bruises, no lacerations," said Rawson.

Seemingly taking advantage of the court's latitude with the scope of his expertise, Rawson even gave dermatological testimony. He said that the redness around Binion's mouth looked at lot like irritation from "shavers' itch."

Wall also attacked Rawson's experience dealing with suffocation deaths in general. At first he seemed to have backed Rawson into a corner, getting him to admit "it's not my area of expertise." However, Rawson expanded by saying he meant that it was not his job to conclude cause of death as Chief Dental Examiner. He testified he did observe many autopsies and reports dealing with forced suffocation, such as rape victims whose mouths were covered.

Prosecutors are banking on the fact that jurors will give their medical expert, Dr. Michael Baden, more weight. Baden, who has personally conducted more than 20,000 autopsies and is an expert in heroin-related deaths, testified during the state's case that he believes Binion was suffocated by persons other than himself.

Rawson, who delved into the specialties of dental pathology, instruments of death, forensic pathology and even dermatology, reported only on external observations. He gave no testimony regarding the drugs in Binion's system.