LAS VEGAS — Casino heir Ted Binion did not die from a heroin overdose, but from a cruel method of asphyxiation called "burking," an expert testified Tuesday in the murder trial of Binion's girlfriend and her secret lover.

Noted forensic pathologist Dr. Michael Baden told jurors that he believed one person blocked Binion's mouth and nose — possibly with a pillow, towel or hand — while another person sat on his chest to prevent his diaphragm from moving.

His description of the murderous process, known as burking, appeared to bolster the prosecution's theory that Binion was killed by his live-in girlfriend, Sandra Murphy, and her lover, Rick Tabish, in an attempt to steal the tycoon's $7 million in silver buried in a vault in the desert.

Murphy, 32, and Tabish, 39, maintain they had nothing to do with the 55-year-old's death on Sept. 17, 1998, which was initially ruled a drug overdose.

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According to witnesses, Binion purchased 12 balloons of Mexican black tar heroin on the eve of his death and convinced his doctor neighbor to write him a prescription for a month's supply of Xanax, which he often used to help him detox after a heroin binge.

Baden, a consultant who has aided investigations ranging from the assassination of President John F. Kennedy to the Jayson Williams manslaughter trial, said he did not conduct the autopsy on Binion, but relied on medical reports and case files to come to the conclusion that Binion did not die from a heroin overdose.

According to witnesses, Binion never injected or snorted heroin. He preferred to inhale the vapors after heating the black tar on a piece of aluminum foil. Baden characterized this method, also known as "chasing the dragon," as the safest and most inefficient use of the drug because so much of it is wasted.

"Have you ever seen a case in which an individual has died from chasing the dragon?" prosecutor Robert Daskas asked.

"No," Baden said.

Baden also testified that the levels of Xanax, Valium and morphine — a heroin byproduct — found in Binion's system were not enough to kill him.

"In my opinion, they are the kind of levels one would find in any heroin addict walking around the streets of Las Vegas and New York and are not lethal levels," Baden said.

Signs of suffocation

Baden estimated the millionaire was killed between 8:30 a.m. and 12:30 p.m., based on examination of the bruises and scrape marks found on his body.

The forensic pathologist held up autopsy photos of Binion's body as he walked the length of the jury box describing the telltale signs that he said supported his burking theory.

The term "burking" dates back to 1829, when a heavyset murderer named William Burke was hanged in Edinburgh after his cohort Edward Hare admitted that Burke sat on their victims while Hare suffocated them. Burke and Hare sold dozens of bodies to medical schools.

Baden displayed one photo depicting a red area over Binion's upper lip, which Baden said likely occurred due to compression as his mouth was "rubbing against something, a hand, towel or pillow."

Another photo showed bruises on Binion's back, which Baden said may have come from the pressure of someone's hands or knees against his body.

On Binion's wrists were small scrapes with distinctive markings that Baden testified were likely caused by wrist restraints.

In photos of Binion's eyes, he found petechial hemorrhaging, or burst capillaries, a condition generally caused by strangulation or asphyxiation.

Baden also held up photos for jurors showing Binion in the minutes after paramedics responded to Murphy's frantic 911 call at 3:55 p.m. reporting that her "husband stopped breathing."

Binion was found laying on his back with his shirt partially unbuttoned and his jaw showing the early stages of rigor mortis, according to a paramedic who testified earlier.

On Binion's chest were two small, reddish-brown marks in a vertical position, which the defense contends were from a dermatological condition.

But Baden testified that the marks were abrasions from two buttons on Binion's shirt rubbing up against his skin. His testimony appeared to support the burking theory, as one person would have to apply intense pressure to Binion's chest while the other obstructed his breathing.

"Do you have an opinion as to the manner of death?" Daskas asked.

"Yes," Baden said. "Homicide."

'Fantasy theory'

Baden went toe-to-toe with Tabish's defense attorney Tony Serra during a somewhat contentious cross-examination.

The gray-haired and ponytailed Serra is a legend in his own field and the inspiration for James Woods' character in the film True Believer.

Serra started by questioning Baden's resume, pointing out that while the renowned forensic pathologist performed more than 20,000 autopsies in his 44-year career, he had conducted only about 1,000 since 1985.

Baden also conceded that he was paid about $350 per hour, or $3500 per day, by the Binion estate for his services.

Baden was questioned for about five hours Tuesday. At one point, his cellphone went off and the judge teased him as its Pink Panther themed ring tone sent muffled laughter throughout the courtroom.

Serra posited a theory that the aluminum foil Binion burned while abusing heroin may have poisoned him, but he mainly attempted to discredit Baden's familiarity with the drug's purity, implying that the "synergy" of drugs in Binion's system could have caused the death.

The attorney's most forceful questioning was about the alleged button marks. If Binion's shirt was buttoned, Serra said, there would be two layers of fabric between his skin and the button.

"If the button isn't against the skin, your fantasy theory goes out the window, doesn't it?" Serra barked at Baden.

"No," Baden replied, asserting that the pressure could have been so great as to cause the mark or the shirt could have been twisted, putting the buttons face down on Binion's chest.

Murphy, who smiled and whispered to her defense attorney throughout the exchange, could be heard in the hallway during a brief recess telling a friend that Baden "got rocked."

Murphy's attorney, Michael Cristalli, picked up with the button-mark theory, unbuttoning his own shirt to show Baden that there are actually four layers of fabric, including the seam.

Cristalli also introduced a November 2002 letter from a Harvard dermatologist, who concluded from a photo that the marks were skin lesions due to dermatitis.

"I would respectfully disagree with his opinion," Baden responded, saying that the marks appeared to have dried out and changed in appearance many hours after Binion's death, something that would not happen with a dermatological condition.

Murphy and Tabish are charged with murder, burglary, and grand larceny, among other counts.

In 2000, a jury found them guilty of all charges, but an appeals court overturned the convictions in 2003. They face 20 years to life in prison if convicted in the retrial.

Court TV Extra is streaming the trial live on the Web.