By Lisa Sweetingham Court TV
LAS VEGAS The day after casino heir Ted Binion's suspicious death, his live-in girlfriend, Sandra Murphy, went through the home with attorneys and made a video inventory of its entire contents, from valuable artwork to refrigerator magnets. Murphy was teary as she watched the 25-minute video that was presented to jurors Thursday at her murder trial. "Video everything in the drawers very well — I don't want nothing gone," Murphy's voice was heard on the tape. At one point, she traipsed past a spot in the den where a pillow and mat on the floor marked the spot where she had allegedly found Binion's dead body the previous afternoon.
Detectives found an empty bottle of Xanax and heroin paraphernalia near Binion on Sept. 17, 1998. The long-time heroin addict's cause of death was initially deemed an overdose. Six months later, after an investigation by the Binion family, it was ruled a homicide. Prosecutors allege that Murphy and her secret lover Rick Tabish killed Binion that morning, tried to make it look like an overdose, and then made a greedy grab for cash and valuables in the millionaire's home. At about 2 a.m. on Sept. 18, detectives found Tabish and two assistants on Binion's desert ranch digging up a vault filled with $7 million in silver. Tabish maintains he was securing the treasure for Binion's daughter. Murphy, 32, and Tabish, 39, are charged with six counts, including murder, burglary and grand larceny. A jury found the couple guilty of all charges in 2000, but an appeals court overturned the convictions and paved the way for the retrial, now in its third week. Removed from will James Brown, the attorney for the Binion estate, testified in the first trial that on Sept. 16 Binion asked him to take Murphy out of his will "if she doesn't kill me tonight." Brown testified that in July 1998, Binion changed his will to leave Murphy the home, all of its contents and $300,000 if he died. The couple also had a cohabitation agreement that would have given her the black Mercedes she drove, and Rio casino stock valued at about $900,000. Based on Brown's eve-of-death conversation with Binion, however, the casino tycoon immediately took steps to block Murphy from entering the home they had shared for more than three years, in order to "preserve the assets of the estate," he told jurors Thursday. Brown said that on Sept. 18 he obtained a court order barring Murphy from the home, but agreed to allow her attorney to videotape the contents in his presence. On the video, a desperate Murphy occasionally is seen opening cabinets and arguing with Brown. "I know you don't trust me for whatever reason it is, but I don't trust you either," she tells him while instructing her attorney to film every item in the home. "Make sure you get all my knickknacks," Murphy said. "This is all very important and, don't worry, they'll steal anything they can get their hands on." Jurors saw nearly all of the couple's lavish home, including Vargas artwork; closets full of clothing, jewelry, and shoes; hand towels and utensils in kitchen drawers; and an empty safe in the garage. "I can't trust anyone anymore," Murphy said. "I can only trust one person, my old man, and he's not here anymore so I got to protect myself." Caught on camera Prosecutors say that Murphy and Tabish spent the morning killing Binion and then pillaging his home before Murphy's frantic 911 call at 3:55 p.m. to report that Binion had "stopped breathing." Forensic pathologist Michael Baden testified earlier this week that Binion was likely suffocated to death between 8:30 a.m. and 12:30 p.m. Although Murphy alleged in the video that someone stole $20,000 from the home, prosecutors questioned several witnesses Thursday about items they believe went missing before paramedics arrived. Binion's daughter, Bonnie, told jurors Thursday that her father always carried about $10,000 in cash on him, and kept more cash, rare coins and precious stones in hiding places in his home. Bonnie said that the morning after her father's death there was no money in his wallet or pants, his coin collection was missing, and his usual cash-hiding spots were empty. She conceded, however, that she took a few sentimental items and some Canadian currency. Binion's housekeeper returned to the stand to testify about a long list of items that were missing, including gold pocket watches and silver coins. Two security guards hired by the estate to monitor the property testified that they did not see anyone stealing from the home after Binion's death. Prosecutors also showed jurors slow-motion replays of three moments on the tape in which Murphy pocketed items. In one scene, Murphy appeared caught off-guard by her attorney, who entered the kitchen where she was standing near a counter by some wine glasses. Prosecutors have previously theorized that Murphy had slipped a wine glass into her bag and that the item may have contained evidence related to Binion's murder. The defense has stated that Murphy had poured herself a glass of wine and didn't want to be captured drinking on tape. On cross-examination, Brown conceded that he had allowed Bonnie Binion to enter the home and collect a few items, but tried to prevent Murphy's access, even telling police that he couldn't say for sure whether she lived there, despite his long relationship with the couple. Another will Outside the presence of the jury, Murphy's attorney argued that there was an additional 1995 will in which Binion had handwritten a provision for Murphy to receive $10 million. It was not legally binding, and Binion eventually scratched out the provision. Murphy, who appears to be quite involved in her own defense, exclaimed, "He testified to it at the prior proceeding," referring to Brown. "Who are you?" Judge Joseph Bonaventure admonished Murphy. "Are you co-counsel now? Sit down, sit down." The defense claims that the document, which was not allowed in, shows that Murphy had a greater motive to kill Binion in 1995 when his death was worth $10 million to her; and that it also bolsters their assertion that Binion commonly made requests to have Murphy taken out of his will and her credit cards canceled, only to change his mind days later. Bonnie Binion testified that her father had likewise threatened to have her removed from the will on occasion. Troubled relations Bonnie also discussed her rocky relationship with Murphy, who moved into Binion's home within 30 days of his divorce to Bonnie's mother. Bonnie, a teenager at the time, said Murphy accused her of trespassing during a June 1998 visit. Bonnie said that Murphy once hung up on her when she called to speak to her father, stating "he doesn't have a daughter." Bonnie's last conversation with Binion was on Sept. 13. After jurors were excused for the day, an offhand remark made by a man delivering water was put on the record. According to attorneys, the man could be heard mumbling the word "guilty" in earshot of jurors who were on recess. Bonaventure joked that jurors would be given beer from then on. Murphy and Tabish face 20 years to life if convicted. Court TV Extra is streaming the trial live on the Web. Court is dark Friday due to a state holiday. |