Affidavit of Joan Sanders
STATE OF NEVADA COUNTY OF CLARK
I, JOAN SANDERS, being first duly sworn upon oath hereby depose and state:
1. I was one of the members of the jury in the above-captioned matter.
2. I have personal knowledge of the facts herein and am competent to testify to these facts if called upon to do so.
3. I bought a sofa and a chair through a friend of a friend. That person said the sofa came from someone in the Binion family.
4. No member of my family or any friend ever worked at the Binion Hotel & Casino.
5. The typed-written documents entitled "Charges", "Witnesses", and "Instructions Binion Case" were given to all jurors the second or third day of the guilt phase deliberations. I do not know who prepared the documents or who distributed the documents in the jury room.
6. I was under the impression that the three documents were from the Court.
7. The term "depraved indifference" was used by a male juror during a discussion with a group of approximately five jurors during the guilt phase of deliberations.
9. During the last day of the guilt phase of deliberations I said that I thought the defendants were in the house while Mr. Binion died, but that I did not believe they were responsible for his death. Fellow jurors told me that if the defendants were in the house at the time of death, that is the same as murder. In response to the fellow jurors' comments, I became physically ill and cried.
10. I do not believe Sandy Murphy or Rick Tabish did anything to Lonnie "Ted" Binion on September 17, 1998 to cause his death.
11. The day before the verdict was given, the other jurors stated that they would dress up the following day to deliver a verdict.
13. Other jurors badgered Juror Number 9 when she voiced her opinions throughout deliberations causing Juror Number 9 that she had health problems. The other jurors were aware of Juror Number 9's health problems.
14. When we were first given the case for deliberations, a preliminary vote was taken on the murder charge, and the result was 7-5 for acquittal. the murder charge was voted on again at the end of the deliberations. The vote at that time was 10-2 for guilty of murder. I changed my vote to guilty when it was told to me by the other jurors, "if you are in the house when a person dies, and do nothing to assist, that is murder."
15. I heard the term "depraved indifference", sometime thereafter, the jurors, as I mentioned earlier, said if you are present in the house while the person is dying you are guilty just as if you actually committed the act because you are not assisting the dying person.
16. Juror Number 6 knew a lot about the medical evidence because of his past experience at different jobs. I think he worked at a coroner's office.
17. Further Affiant sayeth naught.
JOAN SANDERS
SUBSCRIBED AND SWORN to before me this 10th day of August, 2000.
NOTARY PUBLIC in and for said County and State
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