KLAS-TV Channel 8 News Las VegasTabish, Murphy Found Not Guilty of Murder
(Nov. 23) evening -- The verdict in the Binion murder retrial case came after less than three days of deliberations. Sandy Murphy and Rick Tabish were found not guilty on the murder charges. In the end, the defense says it was reasonable doubt that gave them a victory on those murder charges.
Over a hundred witnesses, four weeks of testimony and 20 hours of jury deliberations -- the verdict came down to not guilty for the murder and robbery charges and guilty for stealing Binion's silver.
The defense attorneys presented numerous medical experts this time around who refuted the prosecution's theory that casino executive Ted Binion was murdered by a choking method called burking. It was a leading pathologist from New York, Dr. Michael Baden, who was the first person to come up with that theory and declare Binion's death a murder months after Binion's death.
Sandy Murphy's attorney, Michael Cristalli said, "Dr. Baden's theory wasn't supported by any scientific evidence whatsoever. So I think they did the right thing. They stayed focused on the evidence and that's to acquit.
Rick Tabish's lead attorney, Tony Serra, gave a dynamic and theatrical closing argument. But Serra believes his work only accounted for a small portion of the not guilty verdict. "In every decision it's a configuration of issues. Obviously that was part of it. I would say it's about 1/10th. Rick was 50-percent and the medical evidence was about 40-percent."
The combination of legal tactics did play a role in the verdict. But in the end, reasonable doubt is why Murphy and Tabish were found not guilty on the murder charges.
| Charges Against Tabish & Murphy | Rick Tabish | Sandy Murphy |
| Conspiracy to commit murder and/or robbery | not guilty | not guilty |
| Murder | not guilty | not guilty |
| Robbery | not guilty | not guilty |
| Conspiracy to commit burglary and/or larceny | guilty | guilty |
| Burglary | guilty | guilty |
| Grand larceny | guilty | guilty |
(Nov. 23) noon -- Jurors have found Sandy Murphy and Rick Tabish not guilty of murder in the death of Las Vegas gambling heir Ted Binion. However, both were found guilty on three other counts.
It was the second trial for Murphy, a former stripper, and Tabish, a former Montana contractor. They were accused of killing gambling heir Ted Binion in a plot to steal a fortune in buried silver. The seven-man, five-woman jury began deliberating on Friday around 2:30 p.m. The Defense has argued that Binion had died of an accidental overdose.
Tabish and Murphy were facing six different counts including murder, robbery and burglary. Both were found not guilty on murder and robbery charges. However, the pair was found guilty on three counts: conspiracy to commit burglary and/or larceny; burglary; and grand larceny. They will be sentenced on Jan. 28, 2005.
Murphy and Tabish were found guilty in 2000, but their convictions were overturned last year by the Nevada Supreme Court.
Rick Tabish returned to the High Desert prison at Indian Springs because he still has to serve his sentence for the extortion charges, which were originally included in this case.
Monday evening, Sandy Murphy was planning to be home with her family in Southern California Her attorney believes she could just get probation for the silver charges.
Sentencing is Jan. 28.
Tabish believes that his decision to take the stand in his own defense in this murder re-trial helped him, even though the jury said they didn't believe everything he said. More>>
The Eyewitness News I-Team camera was the only one present when Sandy Murphy and her defense team watched the video of the jury verdict for the first time. More>>
Clark County District Attorney David Roger says the two prosecutors who handled the Ted Binion murder case are disappointed with the outcome. More>>
The Jury continues to deliberate in the Ted Binion murder re-trial. On Monday, they re-examined testimony of a prosecution witness. More>>
