Knappster: Prosecutors, defendants ready to rumble in Binion II

By George Knapp

The latest skirmish in the Ted Binion murder saga unfolded last week in the courtroom of District Judge Joe Bonaventure, and based on assorted news accounts about the intense, complicated hearing, it sounds like the defense was handed its head on a platter. As you might guess, that isn't how the defense sees things at all.

Sandy Murphy was excited, almost giddy when she called to leave a message for me a few hours after the hearing ended. Murphy will not comment about the case on the record. But her views, and those of her attorneys, were made clear to the Knappster in subsequent conversations.

Watching from home as the story unfolded on TV, I got the impression that the defense had its clock cleaned by prosecutors. The newspapers reported much the same thing the next day about more than 40 defense motions that were denied by the judge, including an explosive allegation that prosecutors had ordered a key witness to keep his mouth shut about potentially exculpatory information. Judge Bonaventure made short work of the prosecutorial misconduct motion, proclaiming that it had no merit whatsoever and that it was simply unbelievable on its face considering the reputations of the lawyers involved. Personally, this writer also has a tough time believing that David Wall and Dave Roger would ever stoop to the things they've been accused of by the defense.

Buried in the news coverage of last week's hearing was any acknowledgement that the defense team scored what it sees as major victories, setting the stage for fireworks to come. Remember the powerful testimony during the first trial from Jim Brown, who was Ted Binion's lawyer? Brown told the court that Binion had called the night before his death to warn that if he were dead the next day, Brown should take Sandy Murphy out of Binion's will. The clear indication was that Binion was worried Murphy was going to kill him. The defense complained that Brown's testimony was hearsay, that there was no way to verify whether Dead Ted had ever said any such thing.

Chances are, the jury in the second trial will never hear Jim Brown's damning allegation. Contrary to some media accounts, Bonaventure DID express an opinion about how, or IF, Brown's statement could be introduced in the next trial. The only way it will happen is if it is used to rebut the defense's theory on how Binion might have died. If the defense suggests Binion killed himself, then Brown's statement could be introduced as a way to clarify Binion's state of mind at the time. But if the defense doesn't argue the suicide defense, Brown's statement will likely never be introduced.

"This was the one we really wanted to win," says Murphy's attorney, Michael Cristalli. "There is no way we are going to argue that Binion killed himself, so Brown's statement is out."

Something else the defense may not have to deal with the second time around is the testimony of potential hitman Kurt Gratzer. An evidentiary hearing will be held in two weeks to figure out just exactly where things stand with Gratzer, who told the first trial that he was approached by Rick Tabish to carry out a hit on Binion. The defense thinks prosecutors will be forced to impeach their own witness. The state is understandably concerned about Gratzer's trustworthiness since he accepted $30,000 worth of legal help from the defense after the first Binion trial. Gratzer is the witness who claims he told prosecutors that Sandy Murphy had nothing to do with the murder plot. In an affidavit first filed in 2001, Gratzer alleged that he was advised by the state to remain mum on that subject.

The defense acknowledges that Gratzer got help with 30 grand worth of legal bills but says there was no deal made for him to change his testimony. What's more, the defense argues, is the payment to Gratzer's lawyers any worse than the $20,000 in cash he personally received from the Binion estate for his pro-prosecution testimony in the first trial? Was his testimony for sale only once, or twice, or not at all? It's a sticky situation that could end up with Gratzer out of the picture entirely, something the defense wouldn't mind a bit.

But what really gets the defense jazzed is the upcoming chance to tee off on the star witness of the first trial, famed pathologist Dr. Michael Baden. Baden doesn't know it yet, but he will be called to testify at the upcoming hearing about the so-called button marks on Ted Binion's chest. Baden's testimony in the first trial is largely credited with leading to the convictions of Murphy and Tabish. He theorized the the killer had sat on Binion's chest while smothering the victim or otherwise "burking" him. The weight of the killer supposedly forced the buttons on Binion's shirt to cut little impressions or wounds into Binion's chest.

One problem this time around is that Binion's shirt and its infamous buttons are nowhere to be found. The hearing will try to figure out what happened to the shirt, whether it was tossed away accidentally or on purpose. What's more, the defense will argue that close-up photos taken of the marks on Binion's chest were never made available to them during the first trial, and that the photos make it abundantly clear the marks on Binion's chest weren't caused by buttons, but are cancerous lesions instead. Baden will be asked to defend his original testimony about the button marks in light of the fact that he never saw Binion's shirt himself. He will also be asked to pass judgment on the intriguing close-up photos of the marks/lesions. (Dr. Baden has been through the ringer before and has proved to be a tough hombre on the stand.)

In light of all of this, it's no wonder Sandy Murphy described last week's marathon hearing as "a great day" for the defense. The DA's office won't comment on the record about the case but informed sources say the office is pleased with how the case is proceeding and that no problems are anticipated at the evidentiary hearings. The sources also hinted that they have a big surprise coming for Rick Tabish concerning his alibi on the day of Binion's death. From what I've heard, the state has obtained some potential blockbuster testimony from a key witness and can't wait for the full trial to begin. Even without Brown and Gratzer, they have a long list of potential witnesses and some downright nasty testimony they're anxious to uncork.

Sandy's Sartorial rebuttal

Murphy says she was mildly amused by snide remarks directed her way by an unnamed female journalist who covered the hearing. The lady reporter told a local columnist that Murphy should not have been wearing black at this time of year. She also said the stiletto heels were out of line.

Murphy says the reporter doesn't know beans about fashion. While it is still summer in Las Vegas, the big fall fashion shows have already been held, meaning it's fall, not summer, in the world of fashion. As for stilettos, Murphy says she doesn't even own any.

Newcomers to town might wonder what such picky fashion questions might possibly have to do with a murder trial. During the first go-round, Murphy's choices of outfits, hairstyles, jewelry selections and overall demeanor were the source of endless analysis, comments and catty criticisms among trial watchers.

This week's Monorail Moment

Whew, a close call for those monorail passengers who were riding the train when the doors flew open, exposing them to the potential of a long drop to the ground far below. The monorail operator responsible for the accident has been disciplined, we are told, and, what the heck, there are going to be little snafus with any new system like this, right?

It makes me wonder what would happen if a few tourists really did take a header out the door of the newfangled train and ended up cracking their skulls on the asphalt below. Would the monorail once again morph into a public entity in order to take advantage of limitations on lawsuits that can be filed agaisnt government agencies? Or would it remain a private company, which is what it does when its executives are asked about their large salaries? Just asking.

Names and faces

My friend and colleague Norm Clarke is getting rave reviews for his new book, 1000 Naked Truths, published by Stephens Press (which is part of the media company that owns the Mercury). Knappster greatly appreciates the payola that arrived by mail; a copy of the book (wrapped in an eyepatch) and a Norm bobblehead doll. The Norm bobblehead will be positioned in a place of honor, right next to the Oscar bobblehead on my bookcase. ... Longtime Las Vegas bar owner Nick Bobrick, now retired, is so sick of George W. Bush that he has put up his own cash to distribute a political CD featuring the song "Misunderestimate," inspired by one of the president's better-known malaprops. The song, sung to the tune of "The Yellow Rose of Texas," takes some pretty hard shots at W.'s record and may be the perfect gift for the hardcore Democrat in your family. You can find out more at Nick's website at MISUNDERESTIMATE.US. Bobrick also created a series of "No More Bush" battle ribbons that he has been distributing to his pals at the "Veterans for Kerry" meetings held at the local VFW Hall. It's a wonder local party officials haven't latched on to Nick's musical production. ... Hollywood madam Heidi Fleiss recently toured the Chicken Ranch brothel with a team of investors trailing behind her. Fleiss apparently decided against buying the Pahrump bordello, which is on the market for an estimated $5 million. Rival brothel owner Joe Richards has expressed some interest in buying the Chicken Ranch but has yet to reach a deal with the owners.