"I don't want to let Ted Binion's addiction destroy Sandy Murphy," her attorney John Momot said during closing arguments.

By Laura Barandes
Court TV

Las Vegas millionaire Ted Binion died of a drug overdose at his own hand, neglected by those he called family and friends, a lawyer for murder defendant Sandy Murphy argued Tuesday in closings.

"The sad fact is that Ted Binion did die of a conspiracy — a conspiracy between himself and heroin," said John Momot. Binion was a known heroin addict for nearly 20 years, often adding alcohol and prescription drugs to his habit.

Murphy, Binion's live-in girlfriend, and Rick Tabish, her lover, are accused of killing Binion on Sept. 17, 1998 in a plot to steal his money and free Murphy from an allegedly abusive relationship with him. According to the state, Murphy and Tabish surreptitiously slipped a potent drug mixture into Binion's drink and then suffocated him when the gardener showed up unexpectedly.

The 'Binion Money Machine'

Momot painted his client as a young, naive woman who got in over her head in the care of a 55-year-old drug addict. In his closing statement, Momot argued that Murphy was a victim of the "Binion money machine," a powerful family and estate that never accepted her as family and had its own agenda.

"They humiliated her, they mocked her...they pushed her around...up to and including today," said Momot. From the day Binion died, Murphy was kicked out of her own home, with only the clothes on her back.

Sandy Murphy cried when her attorney talked about the day Ted Binion died. (Court TV)

And Momot attacked the man who headed the estate's alleged assault on Murphy: James Brown. It was Brown, argued Momot, who lied and finally got a court order to bar Murphy from the house. Brown hired private investigator Tom Dillard. And Brown claims that he received a disturbing phone call from Binion the day before he died.

According to Brown, Binion called on Sept. 16, 1998 and said "'Take Sandy out of the will, if she doesn't kill me tonight. If I'm dead you'll know what happened.'"

Then why, Momot asked jurors, did Brown not mention this alleged statement to police until many days after Binion's death? Brown testified that when he came upon Murphy outside the Palomino home on Sept. 18, 1998, he only told police that she was not a Las Vegas resident — although he knew she had lived there for more than three years. Brown admitted that he never told police at the house about the phone call, nor did he ask that they secure what could be a murder scene.

Instead, said Momot, Brown took control of the estate, allowing people to go in and out as he saw fit. The defense has argued that the crime scene, which was only sealed off as such weeks later, was hopelessly contaminated.

And Murphy never tried to cover up anything, her attorney argued. "She wasn't hiding anything," said Momot, "she called the police," to the house when Brown refused her entry. "She took the video of the house," Momot added.

Momot also addressed the infamous glass that Murphy appears to be removing from the counter in the video tape. "There's nothing magical about it," said Momot. Prosecutors have argue that Murphy and Tabish used that glass to drug Binion into submission. However, Momot told jurors that Murphy was drinking wine herself that day in the house, as her step-mother testified.

But the prosecution, said Momot, never brought Brown back as a rebuttal witness to say that Murphy was not drinking from a wine glass nor that he saw her hide it in her bag.

"Where do you think Jimmy Brown is?" asked Momot. He was supposedly following Murphy closely throughout the house to insure nothing was removed without his permission.

In his closings, Momot also argued that everyone in Binion's life wanted something from him. "Everybody's got their hand out," said Momot. His friends wanted loans, his family wanted money, his acquaintances wanted business and his neighbors wanted the prestige of associating with a millionaire.

Yet none of them, said Momot, lifted one finger to help Binion or Murphy with a million-dollar drug habit. Many of the prosecution's own witnesses testified that Murphy spoke to them about Binion's addiction, asking for assistance, but admitted they never supplied any.

Murphy's father, Ken, and her step-mother, also named Sandra, both testified in her defense. (Court TV)

Momot attacked the prosecution for bringing charges against Murphy while allowing a known drug dealer to remain on the streets. Peter Sheridan admitted supplying the casino mogul with 12 balloons of tar heroin the night before his death. According to Nevada law, anyone who gives drugs to a person who dies from them, can then be charged with first degree murder. But Sheridan was never charged.

The state decides "who should get arrested, who should get a pass, who should get immunity, who should get a reward," said Momot. "Is that fair?" What happens, asked Momot, to the man who sold Binion drugs that proved fatal? "Nothing."

Only One Expert Concludes Death by Suffocation

Finally, Momot shifted to his own case, directing jurors' attention to the medical evidence. Momot argued that Dr. Michael Baden, the state's star pathologist, was the only medical expert to testify that Binion showed medical signs of suffocation or foul play. Even Dr. Lary Simms, the Clark County Medical Examiner who also testified for the prosecution, noted no evidence of suffocation in his report. His determination of homicide came not from new medical evidence, but from the reports of police and investigators.

That, the defense has argued, spells reasonable doubt.

Momot closed by telling jurors that Binion was a man destroyed by his dependence on drugs. "Here was a man who had everything you could possibly want in this life," said Momot. "He had a gaming license, he came from...a famous family," and he once had a beautiful wife and daughter living with him.

"And all you have to do is one thing: you just don't have to do drugs," said Momot. "But Ted Binion couldn't stop using heroin."

According to the defense, Binion's addiction destroyed his family, his relationships and his professional life. Concluded Momot, "I don't want to let Ted Binion's addiction destroy Sandy Murphy."

He can only hope the jury agrees.