Did Ted Binion overdose,
or was he murdered?
INSIDE VEGAS by Steve Miller
AmericanMafia.com
October 18, 2004
LAS VEGAS - As you read this, the retrial of Sandy Murphy and Rick Tabish
will be underway. The appeal court found that the first trial was severely
flawed and remanded the case back to the original judge, Joseph
Bonaventure. This judge has often been accused of bias
in this case, and was once asked to step down. He refused.
...
Murphy and Tabish wave at family
members in court Judge Bonaventure admonishes Murphy
Now, speculation is that there will be new witnesses who will tell a
story about a secret plot to kill the drug addicted multi-millionaire,
steal his fortune, then blame his demise on his girlfriend and her lover.
Had Sandy Murphy not been convicted of his murder at the first trial,
she would have inherited a large portion of Ted Binion's estate including
his mansion where it was suspected he had buried
treasure. Because of her conviction, Binion's entire fortune went to
his family members, and the Palomino Lane estate -- after months of suspicious
activity -- was sold
Immediately following Murphy's conviction, I began to drive by Binion's
Palomino Lane estate on a daily basis. Each day I observed several white
panel trucks in the driveway. I suspect that the trucks contained x-ray
and ground penetrating radar equipment in addition to infrared cameras
to completely survey the house and grounds, but I could be wrong. My suspicion
was based on a September 30, 2002 Writ of Mandamus filed in Federal
Court by Tabish attorneys J. Tony Serra and Shari L. Greenburger to compel
the Department of Justice to order the FBI to produce evidence that was
unavailable to lawyers representing the defendants.
Tabish's attorneys contend that Ted Binion was the subject of a twelve-year
investigation, beginning in 1981, in which the former casino executive
was the target of at least three RICO investigations by the FBI.
The Writ states, "In December 1999, FBI Special Agent Gerald McIntosh
sought and obtained a warrant for a wiretap, seeking to intercept the communications
of various members of a criminal enterprise, which allegedly included Mr.
Binion before his death, in September 1998... In (an) intercepted conversation
on January 30, 1997, between Pete (Caruso) and Johnny (Branco), John says
he wants Pete with him because he is a good burglar guy. John says he can
help Pete with that thing with Binion, and that John can get him in there
as long as he knows that Pete will be loyal. They discuss the layout of
Binion's house. They say they can do it without whacking the guy, but will
do whatever is necessary."
The Writ then states, "In an intercepted communication on February
6, 1997, John Branco, Joe DeLuca, and Pete Caruso discuss what Ted Binion
likes to drink, and the value and location of riches hidden in his house,
including silver dollars, gold bars, jewelry, and diamonds. Further, Joe
discusses his knowledge about how much is buried on Binion's ranch in Pahrump,
Nevada, and the fact that Binion has marked it but forgotten. They discuss
'the thing in the garage that even the cop's won't be able to find things
in.'"
The Writ tells about a hiding place in a vent in Binion's kitchen containing
$80,000 worth of gold coins.
Had Sandy Murphy inherited the house, the alleged riches would have
been hers which inspires speculation that she may have been set up to take
the blame for Binion's sudden demise so the house and its purported treasures
would go to others.
FBI Special Agent John Plunkett testified at the hearing on Tabish's
motion for new trial. Plunkett said that beginning in February 1997, he
learned of an intended mob hit on Ted Binion, as well as a plot to rob
him, and passed this information on to Las Vegas Metro Police detective
Mike Franks. Agent Plunkett testified that he believed it was more appropriate
for Las Vegas Metro to tell Binion of the threat.
Plunkett stated, "In an intercepted communication on January 29,
1997, two individuals identified as Pete and Johnny Branco discuss silver
dollars in Ted Binion's garage, stating 'he has them in barrels in the
garage... they are brand new.' Pete tells Johnny that he is looking into
getting the silver dollars. Notably, there is 'talk of whacking him (Binion)
and how much money he has in his drawers.'"
Then there was that mysterious drive-by shooting at Binion's estate.
In a June 4, 1997 police report, Ted Binion identified three of the shooters
as Grover Chance LeSueur, Avery Church, and Ted Binion's nephew Benny Behnen.
The DA who later prosecuted Murphy and Tabish refused to prosecute the
accused shooters.
On April 30, 2004, George Knapp of KLAS TV News reported
that Avery Church reportedly "told federal agents that he knows plenty
about Ted Binion's death because he was hired to carry out a hit on Binion,
along with at least two other men. The new information shows the local
FBI warned Metro Police about Avery Church's claims back in December, but
-- there was no follow-up."
Knapp also reported, "Avery Church is serving a life term in a Nevada
prison for a long list of serious crimes, so his credibility might be considered
shaky. But, he was considered to be of enough value to the FBI that, last
fall, agents from California took him from prison and spent six weeks debriefing
Church about a host of crimes, including the Ted Binion murder."
Behnens grieving at first trial
(L to R) Benny, Becky, & Nick
Leading up to the shooting incident is an eyewitness statement made
by Murphy telling a story of three unwelcome visits to the Palomino Lane
house by the Behnens or their associates during the weeks prior to the
drive-by shooting.
Through sources that wish to remain anonymous, INSIDE VEGAS obtained
exclusive copies of Nevada Gaming Control Board Intelligence Reports, a
Las Vegas Metropolitan Police Report, and an answering machine tape and
written transcript produced by the Nevada Gaming Control Board that for
unknown reasons were not entered into evidence at the first trial. The
documents and tape may shed light on others yet unnamed who had severe
animus toward Binion, and as some believe, should be considered suspects
in his mysterious death.
According to Murphy, in 1998, three unwelcome visitors were ordered
off Ted Binion's Palomino Lane property at gunpoint. The visitors reportedly
were Ted's brother-in-law Nick Behnen and his son Benny, along with Grover
"Chance" LeSueur. The "Nick" and "Benny" referred to in the CONFIDENTIAL
transcript are purported to be the same father and son.
The obvious animosity between the Behnens and Ted Binion surfaced publicly
in June of 1997 when Binion filed a police report accusing his nephew and
others of participating in the drive-by shooting.
One of the accused drive-by shooters, "Chance" LeSueur, is referred
to on the answering machine tape. On the tape transcript, Nick Behnen reportedly
told LeSueur, "Trust me. You're not going to throw down. You come to
rob me...Now you tell this guy this. You ever had this gun to you before?...Oh
you think this is funny. Cause this is how they look, this is how they
read out of the book see, this just like it happens, everybody just kind
of visits and then pretty soon -- pop."
LeSueur was reportedly being held against his will at the time of the
taped calls, some think as a method of frightening him into keeping his
mouth shut about any plot to kill Binion.
Following the drive-by shooting, LeSueur was initially charged with
attempted murder, but eventually pleaded guilty to lesser charges. On May
24, 2001, LeSueur, was found
dead of unknown causes in Mesa, Arizona. He was 24.
In confidential state Gaming Control Board documents,
Murphy described an event wherein she claimed to witness Nick and Benny
Behnen visiting Ted Binion's house. She said both Behnens were intoxicated
and engaged in a "screaming match" with Binion in the garage. Binion reportedly
grabbed a shotgun and cocked it saying "Get the hell out of here." The
Behnen's left the property, however Nick Behnen called Ted later that night
and left the eleven messages on his answering machine.
In another incident according to Murphy, a Behnen
associate named Russell "R.D." Matthews came over to Binion's house with
Benny Behnen wishing to talk to Ted. She said she opened the door "like
a dummy." They allegedly forced their way in. Murphy stated, "I tried to
shut the door on them, but they pushed me aside. I said Ted is in his room
sleeping, but he got up and began yelling at R.D. and Benny, and it got
to be a scene. Then R.D. left and told Ted that he was 'going to be sorry.'"
The day before his Sept. 17, 1998 death, Binion gave $50,000 to an unsuccessful
candidate for Nevada Governor. It was speculated that the money was in
exchange for reinstating Binion's gaming license prompting further speculation
that he might try to take back the Horseshoe from his sister and her family,
a family that was becoming increasingly dysfunctional. This, at a time
when the Horseshoe was losing
money (or possibly being skimmed to death) though Becky Behnen strongly
objected to stories I authored and denied
her business was in dire straights before or after her brother's death.
During my series on the death of Ted Binion, I received the following
e-mail.
Mr. Miller;
First I will give you some of my background. I am an member
of LCN crew... I also was with John (name withheld) and Fat Tony
(name withheld) when they planned to have Fat Herbie killed... They then
brought up getting Ted. Musso had worked for him and knew about his money.
Musso's girlfriend also is friends with Sandy M. They all did the
grand jury thing. They wanted to take care of Ted. I listened.
That Little Binion Kid came to Orange County, CA and met with me and my
buddies. Chris (name withheld) wanted us to steal some of Ted's hidden
cash. The Little Binion was behind this. We decided that we
did not like either Chris or Binion and we were going to hurt them and
take there watches and cash... Then Ted dies and they moved up the time
table. It was not the silver that Rick tried to dig up. I sent
some of my Crip buddies to Las Vegas to help steal the cash. It did
not work out because of some other law enforcement problems. I am saying
this... We talked of killing Herbie and Binion. there were
two different wires there. Tony and Bronco. Both guys were killed
Herbie and Binion and the FBI had warning. I am saying both of these
guys could have been saved. I have done horrible stuff in the past.
I am not just one of these talkers. I have beaten, kidnapped, Extorted,
shot, Stabbed I have been around and my record speaks for itself...
I can go on. I can tell you about Rick R. and Vinnie F. at the Crazy
Horse. This is a tidbit. check out what I just gave you. You
will find I am right on.
I did check out his information, and learned that my source was considered
quite credible.
Its yet to be determined if those who seemed so desperate to gain
immediate access to Binion's Palomino Lane estate on the eve of his death
were opportunists, or had completely honorable intentions. But many are
curious to know if the county officials who entered the house took advantage
of the fact that the death scene was unsealed? After Binion's body was
discovered, Murphy was inexplicably barred from entering the house for
over 24 hours. In the meantime, the death scene was allegedly contaminated
by persons other than police while the house was apparently being looted.
When Murphy was allowed re-entry the day after the death, she hired
a videographer to follow her as she took inventory. On the tape she emotionally
pointed out that most of the valuables were missing and it was visible
on the tape that the house had been ransacked and looted. One of
the items missing was a ten million dollar check which Binion was believed
to have recently received for his share of the proceeds from the sale of
a casino game called "Caribbean Stud" to Mikohn Gaming. In addition to
the check, cash in excess of $20,000 was reportedly missing.
On the night of Binion's death, TV news showed then-Clark County Public
Administrator Jared Shafer entering the house. The Public Administrator
is someone who had no apparent business entering the house of a decedent
who had an up to date Last Will and Testament, and next of kin. In the
case of Ted Binion, he had both. At the time of death, the Clark County
Coroner ruled the cause as an overdose of narcotics, so there was little
or no reason for Shafer to be there.
At the first trial, the District Attorney never questioned the fact
that non-police personnel had been allowed to contaminate the crime scene,
and that no yellow crime tape was apparent. Also, based on the fact that
no police officers were called as witnesses in the first trial, questions
regarding the reason for not sealing the crime scene were never asked.
Jared Shafer was also not called as a witness.
Shafer
In the video Murphy commissioned, she is heard using four letter words
to describe the disappearance of valuables during her absence.
The tape was shown to the jury at the first trial and Murphy's anger
and harsh language didn't help her case. Last month, against the pleadings
of defense attorneys, Judge Bonaventure again ruled that the tape is to
be shown at the retrial. The defense then asked that the audio be turned
off because it was prejudicial, but the judge ruled the audio will be played
in its entirety.
A motion for mis-trial was made, but the judge denied the motion.
In the meantime, after 29 months of CONFIDENTIAL letters
from the Executive Director, and thousands of taxpayer's dollars expended
on private investigators, the Nevada Commission
on Judicial Discipline has yet to make a determination as to whether Judge
Bonaventure violated Judicial Canons for an event
that occurred on August 11, 2001, or if he is fit to preside over this
now ongoing case.
The retrial is expected to last six weeks.
Additional information:
COURT TV Live Gavel to Gavel Coverage
http://www.courttv.com/live/
KLAS TV webpage:
http://www.klas-tv.com/Global/category.asp?C=9949&nav=168XS1MG
THE JERRY PIPPIN SHOW
Daily commentaries about the trial.
http://www.jerrypippin.com/ted_binion_murder_retrial.htm
Death in the Desert: The Ted Binion Homicide
By Cathy Scott
http://www.cathyscott.com/binion.htm
CORRUPTION IN NEVADA? ( PART SEVEN)
TWISTED BADGE.COM
Conspiracy to commit Ted Binion murder probed by FBI
By Steve Miller
http://twistedbadge.com/nevada_7.htm
Judge, Prosecutors Reveal Prejudices
© Copyright Las Vegas Tribune, Inc.
November 7, 2001
By Steve Miller
http://www.stevemiller4lasvegas.com/JudgeBonaventureSignsBook.htm
Murphy Files for New Trial - New Allegations Surface
© Copyright Las Vegas Tribune, Inc.
May 22, 2002
By Steve Miller
http://www.stevemiller4lasvegas.com/ProsecutorialMisconduct.htm
Attorneys for Tabish file Motion for Writ of Mandamus in Fed Court
Names of others surface as possible killers
© Copyright Las Vegas Tribune, Inc.
October 16, 2002
By Steve Miller
http://www.americanmafia.com/Inside_Vegas/10-21-02_Inside_Vegas.html
Bad Judgment
INSIDE VEGAS by Steve Miller
AmericanMafia.com
February 24, 2003
http://www.americanmafia.com/Inside_Vegas/3-3-03_Inside_Vegas.html
New evidence may surface in Binion case
INSIDE VEGAS by Steve Miller
AmericanMafia.com
April 7, 2003
http://www.americanmafia.com/Inside_Vegas/4-7-03_Inside_Vegas.html
Vegas Judge should be sanctioned
INSIDE VEGAS by Steve Miller
AmericanMafia.com
June 16, 2003
http://www.americanmafia.com/Inside_Vegas/6-16-03_Inside_Vegas.html
The assault on the Stupaks at Piero’s
INSIDE VEGAS by Steve Miller
AmericanMafia.com
June 30, 2003
http://www.americanmafia.com/Inside_Vegas/6-30-03_Inside_Vegas.html
Binion murder convictions overturned
INSIDE VEGAS by Steve Miller
AmericanMafia.com
July 21, 2003
http://www.americanmafia.com/Inside_Vegas/7-21-03_Inside_Vegas.html
Vegas judge should recuse from Binion retrial
Judge autographed books alleging "dalliances" between litigants scheduled
for re-trial in his court
INSIDE VEGAS by Steve Miller
AmericanMafia.com
December 8, 2003
http://www.americanmafia.com/Inside_Vegas/12-8-03_Inside_Vegas.html
Others yet unnamed...
INSIDE VEGAS by Steve Miller
AmericanMafia.com
December 15, 2003
http://www.americanmafia.com/Inside_Vegas/12-15-03_Inside_Vegas.html
Names of others surface as possible killers
New corroborating evidence to be presented in re-trial of Binion case
after the original verdict was overturned by the Nevada Supreme Court
INSIDE VEGAS by Steve Miller
American Mafia.com
February 9, 2004
http://www.americanmafia.com/Inside_Vegas/2-9-04_Inside_Vegas.html
Like Father, Like Son
INSIDE VEGAS by Steve Miller
AmericanMafia.com
September 27, 2004
http://www.americanmafia.com/Inside_Vegas/9-27-04_Inside_Vegas.html
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