KLAS-TV Channel 8 News Las VegasBinion Witness Gives Contradicting Testimony

Binion Witness Gives Contradicting Testimony

(Oct. 19) -- A witness for the prosecution gave contradicting testimony making it difficult to understand what he was saying. Kurt Gratzer helped convict murder suspects, Sandy Murphy and Rick Tabish, during Ted Binion's first murder trial.

Gratzer changed his story so many times in court Tuesday; it became difficult to understand fact from fiction. Kurt Gratzer did give contradictory testimony, even though he was supposed to be a key witness for the prosecution.

The state was able to call other witnesses that could clarify Gratzer's story about being asked by Rick Tabish to kill Ted Binion. That's what Gratzer testified to during the first Binion trial in 1998. Gratzer then claimed that he would receive money from the Binion estate if he helped Tabish kill Binion.

But Tuesday, Gratzer would not clearly state that he was asked by Tabish to assist in the murder. Gratzer said he believed it was all a joke among old friends from Montana. But the state then called other Montana witnesses who had heard the murder-for-hire plot. "Some guy in Vegas died and Tabish might have something to do with it," witness Terry Sweeney said.

Gratzer also said Tuesday that Tabish had told him that he was going to move Binion's silver fortune to an underground vault, to protect it from getting into the wrong hands in the Binion family. The prosecution claimed that was the first time that Gratzer had made such a statement, and implied that he was changing his story favorable to the defense.

During pre-trial motions, the prosecution revealed that Gratzer's recent DUI legal bills of $30,000 was paid for by Sandy Murphy's benefactor. That information was never revealed to the jury Tuesday because the judge ruled that the defense would have to bring it up through testimony, and they never did Tuesday.

During the first Binion murder trial, Gratzer was paid $20,000 for his testimony by the Binion estate.