JUSTICE COURT, LAS VEGAS TOWNSHIP

Also, Boylan overheard one of the appraisers assure Sandy Murphy that the appraiser's company could generate a document indicating that the sale price of the silver was less than the actual negotiated sale price.

During roughly this same period of time, in April and May, 1998, Tabish had several conversations with Leo Casey about Ted Binion. In the conversations, Rick Tabish spoke about murdering Ted Binion and stealing Ted Binion's large collection of silver and rare coins.

Rick Tabish told Casey that Ted Binion was using a substantial amount of drugs. Tabish related "I'll overdose him [Ted Binion] and no one will know the difference." Further, Tabish explained that Ted Binion "...uses another drug that knocks him out that's when I can pump him up with other drugs."

Rick Tabish also talked about Ted Binion's girlfriend, Sandy Murphy. Rick Tabish revealed to Casey that Tabish was " … laying the pipe to Binion's girlfriend." Also, Rick Tabish explained that Tabish's relationship with Sandy Murphy would make it easier for Tabish to steal Ted Binion's silver.

Tabish stated that Tabish was going to obtain Ted Binion's silver and sell the silver to a coin collector in California. Also, Tabish explained that he was going to enlist John Joseph to assist Tabish in selling some of the silver bars. Tabish related that Joseph's banking connections would be a valuable resource.

Sometime after Goldberg had conducted his appraisal, Ted Binion contacted Goldberg and told Goldberg that he, Binion, did not wish to sell the silver. Goldberg then sent Ted Binion a bill for $31,000.00 for appraisal services.

A short time later, Sandy Murphy called Goldberg and told Goldberg that Ted Binion was upset about the amount of the bill. Goldberg expressed disappointment in learning that Ted Binion declined to sell his silver. Sandy Murphy concurred with Goldberg's feelings about the deal and stated ". . . they wanted the deal too". Goldberg understood "they" to mean Sandy Murphy and Rick Tabish. Goldberg concluded the telephone conversation by telling Sandy Murphy to "work on Ted" and that Goldberg would consider reducing his bill.

Goldberg also received a call from Rick Tabish. Tabish informed him that "...they were still working on the deal". Again, Goldberg understood "they" to mean Sandy Murphy and Rick Tabish.

About this same time, Sandy Murphy and Rick Tabish were developing a very close relationship. Affiant has reviewed Sandy Murphy's cellular telephone records. The records reflect numerous daily telephone calls between the two phones starting in April, 1998.

Matt Rivera shared an apartment with Tabish for the greater part of 1998, at the Meridian apartments, located just off of the strip. Rivera observed Tabish and Sandy Murphy to be affectionate with each other prior to Ted Binion's death.

Tabish spent considerable time at the Las Vegas Sporting House. According to Sporting house records, Sandy Murphy was listed as a member under Ted Binion's membership. However, in July 1998, Tabish added Sandy Murphy to Tabish's corporate membership. Although there is no evidence to indicate Murphy was an actual corporate employee.

On June 19, 1998, Tabish was able to obtain an extension on the business loan and line of credit from BankWest of Nevada. The $200,000 loan's maturity date was extended to September 19, 1998. The new maturity date was two (2) days after Ted Binion’s murder and the very day when, during the early morning hours, Rick Tabish, David Mattsen and Mike Milot were arrested stealing Ted Binion's silver.

In June 1998, Ted Binion decided to move the silver from the Horseshoe Casino vault to Binion's garage at the Palomino address. Rick Tabish and a number of Tabish's truck drivers assisted Binion in moving the silver. Willie Adler, Ronnie Dixx, Ki Walker, Dan Harkalis and Jared Pace participated in loading the massive amount of silver into a rental truck. Ronnie Dixx was the only driver to assist in unloading the silver at the Binion residence.

During the time the silver was stored in Binion's garage, Ted Binion told Sid Lewis that Binion was going to have a vault built to store his silver. Lewis, who is a part time building contractor, was asked by Ted Binion whether Lewis was familiar with Rick Tabish and Tabish's reputation as a contractor.

Ted Binion paid Rick Tabish and Joe Wadkins, who is Steve Wadkins brother, to build a cement vault on Ted Binion's property situated between Smith's Food King grocery store and Terrible Herbst's Casino in Pahrump, NV.

Rick Tabish told Leo Casey that Tabish would have control of Ted Binion's silver when the silver was transported to the vault.

Thereafter, on July 4, 1998, Rick Tabish and several MRT truck drivers transported Ted Binion's silver to Pahrump and sealed the silver collection in the underground vault.

Within a short time, Sgt. Steve Huggins of the Nye County Sheriff's Office received a telephone call from Ted Binion. Ted Binion told Huggins that Binion had built a vault on Binion's ranch property located between Terrible's Town and Smith's Food King in Pahrump, Nevada. Ted Binion disclosed to Huggins the vault contained a large amount of silver. Binion was concerned that people who knew the location of the vault might attempt to steal Binion's silver. Of course, this would include Rick Tabish and the MRT employees who helped relocate the silver. Ted Binion asked Sgt. Huggins to patrol the property for Binion.

During the course of the investigation into the murder of Ted Binion, Thressa, Mattsen, wife of David Mattsen, was summoned to testify before the Clark County Grand Jury. Thressa Mattsen invoked her statutory privilege not to testify against her husband. Prosecutor David Roger advised Thressa Mattsen that her testimony would not be used against her husband. Consequently, any information gleaned from Thressa Mattsen's testimony is offered for consideration against all defendants except David Mattsen.

According to Horseshoe Hotel payroll records, Ted Binion hired David Lee Mattsen to work for Binion as a ranch manager in September, 1994. At the time of Binion's death, Mattsen was being paid $498.99 net every two weeks' and was allowed to live on the Binion property.

David Mattsen spoke to Bill Browning, Mattsen's friend, about his employment with Ted Binion. Mattsen always complained about being underpaid by Ted Binion. Also, Browning noted that Mattsen never had more than two (2) dollars in his pocket. Mattsen constantly borrowed money from other club members.

In addition to asking Sgt. Huggins to watch the vault area, Ted Binion also asked David Mattsen to keep an eye on the vault.

Thressa Mattsen first met Rick Tabish at Ted Binion's Pahrump ranch shortly after Tabish transported Binion's silver to the vault.

Affiant has obtained documents from Cow County Title Company located in Pahrump, NV. The records reveal that David Mattsen and his wife entered into an agreement to purchase real property and a mobile home located at 1520 N. Appaloosa on July 14, 1998. The Mattsen's deposited $2000 earnest money into the escrow account. Thressa Mattsen maintained that the Mattsen's used their savings for the earnest money deposit.

Larry Baker, an acquaintance of David Mattsen, told the Clark County Grand Jury that Baker and Nickie Burgess helped Mattsen work on a plumbing problem at the Appaloosa address in May, 1998.

Linda Susan Carroll, a former cocktail waitress at Cheetah's topless nightclub, knows Sandy Murphy very well. Carroll has spoken to Estate of Ted Binion attorney, Richard Wright, on many occasions since Ted Binion's death. Also, affiant had a single telephone conversations with Linda Carroll. Throughout the investigation, Carroll has refused to meet with affiant to provide a formal statement.

Linda Carroll told Wright that Carroll enjoyed a very close friendship with Sandy Murphy. Carroll related to Wright that Sandy Murphy confided in Carroll about Murphy's relationship with Ted Binion. According to Carroll, Sandy Murphy tried to

control many aspects of Ted Binion's life. One way Sandy Murphy tried to control Ted Binion was by recording and listening to Ted Binion's telephone calls. Also, Sandy Murphy claimed to Carroll that Murphy handled Ted Binion's banking transactions.

During this same period of time, Sandy Murphy continued to complain to Ted Binion that Murphy was not included in Binion's will. On more than one occasion, Steve Morris heard Sandy Murphy berate Ted Binion for not providing for Murphy in Binion's estate plan. Ted Binion typically responded by telling Sandy Murphy, "Don't worry about it, you'll be taken care of if something happens to me."

On July 9, 1998, Ted Binion executed a codicil to his will. The codicil deleted the previous specific bequests and instead specifically bequeathed Sandy Murphy "...$300,000 and the residence and contents located at 2408 Palomino, Las Vegas, Nevada."

Sandy Murphy was very concerned about her financial well-being. According to Carroll, Sandy Murphy confided that Murphy was supposed to receive $3 million and Ted Binion's house upon Binion's death. In order to insure that Ted Binion's will was valid, Sandy Murphy took the document to an attorney for review.

Also, Carroll told Wright that Sandy Murphy hid a bag of silver behind the television in Murphy's bedroom at the Palomino residence. In fact, affiant observed a bag of silver in this location during the execution of a search warrant on January 14, 1999.

Carroll also told Wright that Sandy Murphy and Tabish grew closer over time. In fact Sandy Murphy stated to Carroll "Rick is okay. We did something together that would turn your stomach and land us in jail."

Also, Carroll related to Wright that Tabish did not hide his ill will for Ted Binion when Tabish was with Carroll. Tabish stated, in Carroll's presence, that Tabish "...hated Ted and wanted Ted dead."

Moreover, Carroll was aware that Tabish was experiencing significant financial difficulties. Prior to Ted Binion's death, Tabish was desperately searching for an investor to contribute funds to Tabish's failing businesses. In fact, Carroll became friends with one of Tabish's potential investors.

Linda Carroll told Richard Wright that Sandy Murphy disclosed to Carroll that Murphy was having an affair with Rick Tabish. Sandy Murphy told Carroll that Murphy had purchased clothing items at Neiman Marcus for Rick Tabish. Sandy Murphy related to Carroll that Murphy made the purchases using the credit card that Ted Binion provided for her. Also, Ted Binion paid the monthly credit card bill.

On July 27, 1998, Sandy Murphy purchased a pair of men's Gucci jeans at Neiman Marcus. Brian Hall, a sales associate in the men's department, told the Clark County Grand Jury that Hall recalled waiting on Sandy Murphy and handling the transaction. Hall reviewed the store documents relating to the sale and stated that Sandy Murphy charged the transaction on her MasterCard account number #5420-7640-0008-5078. Sandy Murphy also had the size 36x34 jeans gift wrapped in a butterfly design wrap. (Ted Binion wore size 36x3I pants.)

Between July 25, 1998 and July 27, 1998, John B. Joseph summoned Leo Casey to Joseph’s office located at 9555 Las Vegas Boulevard South Suite #18, Las Vegas, Clark County, Nevada. Joseph asked Casey to take Steve Wadkins and Rick Tabish to the Jean Sand Pit to inspect the serial numbers of equipment that Joseph wanted to sell to Tabish.

On July 28, 1998, Leo Casey drove to the Jean Sand Pit with Steve Wadkins and Rick Tabish. After Casey and his passengers exited the car, Tabish and Wadkins, twisted Casey's arms behind Casey's back and immobilized Casey by placing thumb-cuffs on Casey's thumbs. Tabish and Wadkins began cursing at Casey and calling Casey "... a no good son-of-a bitch." Tabish and Wadkins accused Casey of embezzling money from Joseph.

While Casey was still restrained by the thumb-cuffs, Wadkins stuck a gun in Casey's mouth and threatened Casey. At another point Wadkins inserted a knife under Casey's fingernails. Tabish repeatedly struck Casey about the face and body with a yellow page phone book.

During the hour long torture session, Tabish and Wadkins threatened to kill Casey if Casey did not sign a confession indicating that he embezzled money and equipment and transfer Casey's ownership interest in the equipment to John Joseph. For a while, Casey refused to sign any documents; Wadkins and Tabish continued to beat Casey.

Then, Tabish told Wadkins to get a nearby front loader and dig a hole so that Tabish and Wadkins could bury Casey after killing him. After digging the would-be grave, Tabish and Wadkins dragged Casey over to the edge of it. Finally, Casey relented and agreed to sign the documents.

Tabish and Wadkins then returned Casey, who was still restrained by thumbcuffs, to the vehicle. During the trip back to town, Wadkins held a gun on Casey. Also, Casey heard Tabish call John Joseph on Tabish's cellular phone. Tabish instructed Joseph to meet their vehicle on the street in front of Tabish's business.

When Tabish pulled up to the front of MRT, Joseph approached the car. Casey attempted to get into the back seat. Joseph stopped Casey and told him to remain in the front seat. Wadkins sat in the back seat still holding a gun to the back of Casey's head.

Tabish, Wadkins and Joseph drove Casey to the offices of All Star Transit Mix located at 3930 East Lone Mountain Road, North Las Vegas, Clark County, Nevada. Upon arriving at the office, the thumb-cuffs were removed from Casey's thumbs. Then, Casey was escorted inside the offices where Casey signed a hand written document.

Thereafter, Joseph, Wadkins and Tabish escorted Casey to the law offices of Hutchison and Steffen to sign formal legal documents. Attorney Mark Hutchison drafted a three (3) page document titled "Asset Transfer Agreement" that was signed by Leo R_ Casey and John B. Joseph on July 28, 1998 in the presence of notary Kathy Carle.

After Casey signed the documents, Wadkins and Tabish warned Casey "not to meddle in their business" and "to leave town!'. Tabish and Wadkins stated that if Casey did not heed their warning, Casey's friends and family would suffer the consequences. Tabish and Wadkins explained that "...they would, you know, either cut their heads off or blow their goddamn heads off and they'd take [Casey's] daughters or, uh. girlfriend or ex-wife or whatever and fuck 'em to death and blow their heads off."

William "Willie" Alder, a truck driver foreman for MRT, was present at the sand pit. Alder observed Leo Casey, Rick Tabish and an unidentified individual, who Casey identifies as Steve Wadkins, drive up in Casey's vehicle. Alder told the Grand Jury, on April 28, 1999, that Tabish told Alder that Tabish and Casey were looking at some equipment. Alder did not recognize Steve Wadkins as the third person in the vehicle. That was the last time that Alder saw Leo Casey.

Mark Hutchison Esq. spoke with District Attorney Investigator Mike Karstedt about Hutchinson's interaction with John B. Joseph and Leo Casey. On July 28, 1998, in the early morning hours, Jim Randall, a partner in the law firm Hutchison & Steffan, received a telephone call from either John Joseph or someone from Joseph's office. Randle was told that Joseph had learned that Leo Casey had been stealing money from Joseph's company. Randle was urged to cancel any pending appointments because Joseph and Wadkins were going to bring Casey to Hutchison's office to sign a confession and other legal documents. Randle was advised that time was of the essence because Casey was going to leave town. Because Jim Randle was unable to rearrange his schedule, Mark Hutchison agreed to meet with John Joseph, Leo Casey and Steve Wadkins.

Affiant reviewed Steve Wadkins' cellular phone records for July 28, 1998. Wadkins; placed calls to Hutchison & Steffan law offices at 12:18 p.m. and 12:31 p.m.

Later that day, John Joseph, Steve Wadkins and a burly, unidentified individual, identified by Casey as Rick Tabish, accompanied Leo Casey to Hutchison's office. Hutchison noted that Leo Casey was shaking and appeared very upset. After Hutchison prepared the documents, Casey and Joseph signed the instruments.

According to LVMPD records Steve Wadkins was issued a concealed weapons permit for a Glock .9mm. firearm on or about April 14, 1997.

Mike Karstedt assembled a photo line-up that included a photo of Steve Wadkins. Affiant asked Sgt. Tom Edmonds, an officer with the Beverly Hills Police Department, to show the line-up to Leo Casey. On April 30, 1999, Leo Casey immediately identified the photo of Steve Wadkins, in the third position in the line-up, as one of Casey's kidnappers.

Also, Mike Karstedt assembled a photo line-up that included a photo of John B. Joseph. Karstedt showed the line-up to Mark Hutchison on May 25, 1999. Hutchison identified John B. Joseph as the person who accompanied Leo Casey to his law office.

Affiant obtained a multi-page document entitled " MRT Contracting, Inc. Investor's Summary." The document's author was William H. Knudson, Esq., General Counsel for the MRT Corporations. According to the summary, MRT corporation was soliciting individuals to invest $500,000 in the company. In return, MRT offered to provide investors with a promissory note bearing 18% interest.

William Knudson wrote that MRT was interested in obtaining funds to purchase the option rights to a 50 year lease of the Jean Sand Pit and North Wash Plant from John B. Joseph's corporations. Knudsen explained:

The extremely favorable terms offered to MRT are a result of DW & PWAC's desire to sell said business in order to mitigate economic losses incurred from company mismanagement as well as losses in excess of $500,000.00 suffered as a result of embezzlement by a former corporate officer and manager.

Following DW & PWAC's discovery of corporate misconduct DW & PWAC hired MRT's co-owner and president, Mr. Rick Tabish, to run its sand and gravel operations. Mr. Tabish, who owns and operates MRT Transportation of Nevada, Inc., also holds the exclusive contract with DW & PWAC's for the transport of its sand to the Las Vegas market.

Included were four (4) letters of commitment from Las Vegas area concrete companies. Steve Wadkins wrote one of the commitment letters on behalf of All Star Transit Mix. All of the commitment letters were dated either July 21 or July 22, 1998.

Affiant has reviewed account inquiry records from Alltel Communications for Sandy Murphy's cellular phone. The records reflect that Sandy Murphy called a customer representative on July 28, 1998 at 7:15 p.m. Murphy requested that the telephone call descriptions or "details" be removed from her future telephone bills. Also, the records provide that Murphy instructed that "... no information is to be given to anyone except the account holder - not even her secretary."

On August 3, 1998, Brian Hall waited on Sandy Murphy and another female in the men's department at Neiman Marcus. Using Ted Binion's MasterCard, Sandy Murphy purchased a pair of black Armani slacks for $240, a Wilke Rodriguez Knit shirt for $85.00 and an Armani woven top priced at $445. The items were gift wrapped in a butterfly wrap package design. Hall overheard Sandy Murphy say to her female companion that Murphy was going to surprise the unidentified male recipient by placing the present on the bed.

On August 8, 1998, Rick Tabish checked into the Beverly Hills Hotel, located in Beverly Hills, California, with a guest. The hotel guest registration records reflect the name "Ms. S. Tabish." Tabish's wife's name is Mary Jo. The couple rented a single room with a deluxe king size bed. Later that evening, Rick Tabish and Ms. S. Tabish had drinks in the hotel's Polo Lounge. The couple ordered a Coor's Light and a glass of Merlot wine.

The following morning, a telephone call was placed from the room registered to "Mr. Rick Tabish and Ms. S. Tabish to Ted Binion's residence. "Mr. Rick Tabish and Ms. S. Tabish" rented a pool side cabana for the day. The charge slip was authorized by "Sandy Murphy (a.k.a. Tabish)." The pool café server who waited on the party, Dante Cabanas, remembered the couple. Cabanas identified photos of Rick Tabish and Sandy Murphy.

In July or August 1998, Mike Milot asked several truck drivers, including Willie Alder, to transport heavy equipment owned by MRT to Rich Brothers Auction House in Phoenix, Arizona. Numerous items of equipment were transported to Phoenix to be auctioned. Milot did not offer an explanation for the sale of the equipment that was normally used in the MRT operations; however, truck driver Harrison Windham told the Clark County Grand Jury that his paychecks started to bounce in August and September, 1998. Willie Alder confirmed that truck drivers began to complain that many casinos were refusing to cash MRT paychecks because of past bounced checks.

Affiant reviewed bank account records for certain of Rick Tabish's companies:

MRT Leasing of NV, Inc., MRT Contracting, Inc. and MRT Transportation of NV, Inc. These bank account records do not offer a complete picture of Tabish's financial condition in August and September, 1998; however, the records reflect that the companies suffered substantial liquidity problems. In September, over $130,000 in checks of MRT Transportation of NV, Inc were returned because of insufficient funds. The ending account balances of all of the companies taken together totaled a negative $47,058.

Also, affiant obtained a copy of a memo dated November 25, 1998 authored by MRT Controller Jim Donahue. Donahue wrote to Fred Schmidt, Chief Financial Officer for Rubber Technologies, a company that purchased MRT in October, explaining the MRT bank reconciliation records. Donahue advised that Bank West charged MRT $25.00 for each check returned because of insufficient funds on deposit. Donahue related these charges have been between $3000 - $6000 every month for several months."

On August 10, 1998, General Electric Capital sent default notices to Rick Tabish and his corporations for delinquent equipment lease payments in the amount of $67,259.

The Internal Revenue Service was also pursuing Rick Tabish and his corporations for $337,884 in unpaid employee withholding for 1997. Subsequently, the IRS filed a lien on Rick and Mary Jo Tabish's residence located at 7125 Buckhorn Lane, Missoula, Montana.

Additionally, on August 20, 1998, First Security Bank of Missoula filed notice that they were foreclosing on property owned by Washworks, Inc. According to the Montana Secretary of State, Rick Tabish is the President of the corporation. Also, Rick Tabish and Mary Jo Tabish are Directors of the corporation.

The foreclosure notice indicated that Washworks defaulted on a $75,000 loan in March, 1998. Also, the notice reflected that MRT Transport Inc., guaranteed the loan. Rick and Mary Jo Tabish also guaranteed the loan. Apparently, First Security Bank was the second lien holder.

Affiant reviewed a letter, recovered during the execution of a search warrant at Rick and Mary Jo Tabish's Missoula, Montana residence, from a representative of First State Bank of Thompson Falls, Montana, addressed to Rick Tabish's father-in-law, Marvin Relibein. The correspondence revealed that First State Bank was the first lien holder on the property. The lien secured a $139,000 loan. The loan was guaranteed by Rick Tabish, Mary Jo Tabish and her father, Marvin Relibein.

According to Thressa Mattsen, on August 24, 1998, her husband, David Mattsen interviewed with Rick Tabish for a job as a truck driver with MRT Transport, Inc. Thressa Mattsen indicated that David Mattsen told her he had been hired to work for MRT. Thressa Mattsen drove David Mattsen to the MRT offices on a few occasions in August and September 1998.

David Mattsen also told Bill Browning that Mattsen had been hired by MRT Transport to " ... head the fleet of trucks and drivers." Mattsen stated that Mattsen was required, periodically, to drive the company trucks.

Bill Browning observed that David Mattsen began driving a new dually pick-up truck. Mattsen claimed that MRT management gave the truck to him as part of Mattsen's benefit package.

Also, Mattsen told Browning that David and Thressa Mattsen purchased a new home. Mattsen alleged that the Mattsen's financed the down payment for the house by using their savings and by cashing their 401k retirement account.

Larry Baker, an associate of Mattsen, told the Clark County Grand Jury that Mattsen bragged to him that Mattsen was going to work for Rick Tabish. Mattsen stated that Rick Tabish agreed to pay Mattsen $1500 per week. Also, Baker recalled help' g Mattsen repair a broken pipe, in May, 1998, at Mattsen's mobile home at 1520 Appaloosa Lane.

Roy Price, a ranch hand at Ted Binion's property, noticed Mattsen driving the new pick-up truck and heard Mattsen brag about purchasing a new home.

Despite the financial liquidity crisis that Rick Tabish was experiencing, on August 26, 1998, John Joseph and Rick Tabish signed a "Lease and License to Mine Agreement" concerning the Jean Sand Pit and North Wash Plant. Pursuant to the agreement, Joseph owned an "assigned mining interest' in the property. The agreement allowed Tabish to mine, excavate, produce and manufacture sand and gravel from the property for fifty (50) years.

In the weeks prior to Ted Binion's death, Sandy Murphy "predicted" to friends that Ted Binion was going to die of a drug overdose. Sandy Murphy told Steve Morris that Ted Binion was ingesting a large amount of drugs and that Binion was going to kill himself."

Steve Morris, who spoke with Ted Binion on the telephone four to five times a week, never noticed any signs that Ted Binion was in a poor state of mind. Morris told Dillard that Ted Binion was never, never despondent." Shortly before Ted Binion's death, Ted Binion shared with Morris that Binion was interested in purchasing property near the Fiesta Hotel and the Texas Hotel. Also, Ted Binion spoke to Morris about Binion's investment in Rio Hotel stock. Binion was optimistic about the future.

Sid Lewis visited with Ted Binion at the Palomino home in August 1998. Lewis did not observe any signs that Ted Binion was suicidal or in any manner out of control. During his visit, Lewis observed Sandy Murphy throw a temper tantrum. When Sandy Murphy finally left the room, Ted Binion said, "I don't know why I put up with this bullshit. I'm getting rid of that bitch."

Rick Tabish likewise told people that Ted Binion was using a lot of drugs and that Binion was on a path of destruction. Tabish told Charlie Skinner, in July or August of 1998, that Ted Binion was using drugs again and predicted that he's going to kill himself or something to that effect."

During the investigation into the murder of Ted Binion, on March 17,1999, Missoula, Montana attorneys Brian Tipp and Rich Buley arrived in Las Vegas unexpectedly. Affiant and Prosecutor David Roger met with the attorneys and learned that they represented Kurt Gratzer. The attorneys explained that Gratzer had significant information about Ted Binion's murder and that their client wanted to cooperate fully with detectives; however, the attorneys requested that David Roger obtain immunity for Gratzer and that law enforcement assist in relocating Gratzer who was in fear of Rick Tabish. After receiving an offer of proof, and assurances that Gratzer did not murder Ted Binion, David Roger agreed to the conditions set by Tipp and Buley and a meeting was set for the following day.

The next day, affiant was present in Roger's office when Gratzer arrived with his attorneys who assured affiant that Gratzer wanted to cooperate fully. Roger provided Gratzer with an immunity agreement and introduced Gratzer to Las Vegas attorney Christopher Orarri, who assisted the Montana attorneys in reviewing the agreement. The three attorneys and Gratzer were escorted to a private room.

Thereafter, Gratzer emerged with two additional requests. First Gratzer asked that David Roger attempt to persuade Gratzer's Montana probation officer to release Gratzer from probation so that Gratzer would be able to relocate without a paper trail.

Roger agreed to do what he could to assist Gratzer in that regard; however, Gratzer received no assurances. Second, Gratzer wanted a commitment that the State of Nevada would not seek the death penalty for Rick Tabish, should Tabish ever be prosecuted for the murder of Lonnie Ted Binion. David Roger declined, advising Gratzer that Roger was not in a position to make such a commitment.

After further discussion, Gratzer agreed to cooperate and an order of immunity was obtained from the court. At no time did Gratzer indicate any awareness that there was a reward offered by Binion’s estate.

On March 19, 1999, affiant obtained a tape-recorded statement from Kurt Gratzer. Gratzer had grown up with Rick Tabish. Gratzer and Tabish had attended the same grade school. Gratzer enlisted in the army and received training as a ranger. After a discharge, Gratzer returned to his hometown and worked for a telemarketing business owned by Rick Tabish.

In late August or early September of 1998, Rick Tabish summoned Gratzer to Tabish’s office. Tabish told Gratzer that Tabish knew a casino owner in Las Vegas named Ted. Tabish stated that Ted was wealthy and kept a lot of money, silver and jewels in Ted’s house.

Also, Rick Tabish stated that Ted had a girlfriend named Sandy, towards whom Ted was physically abusive. Tabish told Gratzer that Sandy was the beneficiary of a life insurance policy covering Ted that was valued at $875,000. Tabish claimed that Sandy was "… one of the pigs that Tabish fucks …" and that " … she [Sandy] is in his [Tabish’s] back pocket and she’ll do whatever he [Tabish] wants her to do."

Tabish related that Ted hired Tabish to build a vault located outside of Las Vegas to store Ted’s large collection of silver. Tabish complained that Ted still owed Tabish $13,000 for building the vault, but refused to pay Tabish the money. Tabish described Ted as being arrogant. Ted was quoted by Tabish as saying "I'm not going to pay you. You make too much money anyway, Rick." As a result Tabish solicited Gratzer to murder Ted Binion.

Tabish promised to pay Gratzer a portion of the proceeds of Ted's life insurance policy that was supposedly payable to Sandy Murphy upon Ted's death. Also, Tabish promised to obtain a 1999 Pontiac Trans Am for Gratzer. Tabish was going to profit from Ted's death as well. Tabish told Gratzer that Tabish was going to get all of the money, silver and valuables that Ted stored in his Las Vegas home.

Also, Tabish planned to excavate the vault that Tabish had built for Ted and steal all of the silver. Tabish explained that if Tabish was caught stealing the silver, Tabish planned to tell the authorities that Ted asked Tabish to secure the silver so that Ted's brother, Jack, would not get the silver. In the end, Tabish confided that Tabish would get all of the assets from Sandy as well.

Gratzer and Tabish discussed several ways to carry out the murder of Ted [Binion]. At this point Gratzer did not know Ted's last name. Tabish told Gratzer that Ted owned a ranch located outside of Las Vegas. Tabish suggested that Gratzer act as a sniper and shoot Ted through a window. Gratzer rejected that plan because of the risk of missing the mark.

Next, Tabish offered to take Gratzer to Ted Binion's home to meet Ted. Tabish described Ted as being a person who was interested in the military and one who would be intrigued by Gratzer's military background. Also, Tabish informed Gratzer that Ted had a substantial gun collection that Ted proudly displayed in the house. Tabish speculated that Ted would show Gratzer his gun collection, at which time Gratzer could grab a gun and shoot Ted in the head. Tabish stated that Tabish and Gratzer could dispose of Ted's body by wrapping it in carpet and placing it in a rock crusher. Gratzer nixed this idea as well.

Also, Tabish discussed the possibility of staging a suicide by means of a drug overdose. Tabish thought that the insurance benefits payable to Sandy might increase if Ted's death were ruled a suicide. (Affiant believes that Tabish was confusing a life insurance policy double indemnity clause for accidental deaths with such a provision for suicidal deaths.) This suggestion to Gratzer notwithstanding, Tabish told numerous people at the crime scene that Ted Binion was not suicidal. (Affiant believes, in the interim, Tabish's confusion may have been cleared up.)

During this same discussion between Tabish and Gratzer, Tabish related that Ted was a heroin addict who took the drug by placing it on tin foil and smoking it. Also, Tabish told Gratzer that Ted abused two anti-anxiety drugs, one of which was Xanax. Tabish pondered out loud in Gratzer's presence, the idea of forcing Ted to take a lethal mixture of heroin and the anti-anxiety drug Xanax. Tabish asked Gratzer whether Gratzer could find out how much of the drugs would constitute a lethal dose.

Gratzer telephoned Jon Berman, a long time friend and a local Montana pharmacist. Berman stated to Gratzer that Berman did not know what quantity of Xanax would be lethal, but that Berman would do some research to answer Gratzer's question.

Also, Tabish wondered aloud, in Gratzer's presence, how Tabish could force Ted to ingest the drugs. Gratzer suggested possibly forcing a tube down Ted's throat.

During the lengthy meeting between Tabish and Gratzer, Tabish called Ted's residence so that Gratzer could hear Ted's voice. When Tabish called the residence, Ted's answering machine was activated and Gratzer heard Ted Binion's voice message.

Also, Sandy Murphy called Tabish three times while Gratzer was present. During one telephone call, Sandy Murphy complained that Ted Binion was in the bathroom smoking heroin. Tabish commented to Gratzer, "The guy's a piece of shit." and Tabish didn't want the guy around anymore." Over the ensuing several days, Tabish called Gratzer repeatedly to discuss the murder of Ted Binion.

Prior to Ted Binion's murder on September 17, 1998, Gratzer spoke with Gratzer's long time friend and workout partner, Timothy Boileau. Gratzer told Boileau, who is a juvenile transportation officer at the Missoula City Jail, that Tabish had offered Gratzer $100,000 to kill a guy in Las Vegas, Nevada. Gratzer and Boileau discussed different ways to kill a person.

Gratzer read newspaper articles after Ted Binion's death chronicling the Binion murder investigation. However, Gratzer insisted that the information provided was based on Gratzer's interaction with Tabish and Sandy Murphy, not media accounts.

Affiant and Detective Tom Thowsen traveled to Missoula, Montana to interview the various people to whom Gratzer allegedly spoke before Ted Binion's death.

Affiant spoke with pharmacist Jon Berman on March 25,1999. Berman related that

some time between March 1998 and September 1998, Berman received a telephone call from Gratzer. Gratzer inquired about what constituted a lethal amount of a certain drug. Berman did not recall the type of drug that Gratzer was referencing; however, Berman told Gratzer that Berman did not have access to the information Gratzer requested and that Berman would have to research the issue. Berman stated that Gratzer did not call again. Affiant asked Berman to search Berman's manuals to determine whether the books contained information on lethal amounts of Xanax Berman's books did not have such information.

Next, affiant contacted Timothy Boileau, who recalled speaking to Gratzer about Tabish trying to hire Gratzer to kill a person in Las Vegas. Boileau assured affiant that Boileau's conversation with Gratzer occurred prior to Ted Binion's death. Boileau stated that Gratzer described the potential victim as a heroin addict. Gratzer mentioned to Boileau that Tabish offered Gratzer $100,000 to commit the murder. Gratzer asked Boileau whether Boileau was interested in becoming involved in the murder plot. Boileau declined. A few days later, Boileau read about Ted Binion's death in the local Montana paper. Boileau told affiant that Boileau told his parents about Boileau's conversation with Gratzer and their opinion was that it would be dangerous for Boileau to report the information to the police.

Also, affiant spoke with Mike Church, owner of Church's Jewelry Store, in Missoula, MT. Mike Church knew Kurt Gratzer. Gratzer had approached Church prior to Ted Binion's death and asked Church how Gratzer could sell a large amount of silver coins. However, Gratzer has denied having such a conversation with Church.

In the weeks before Ted Binion's death, Sandy Murphy told several people that Murphy was severing Murphy's relationship with Ted Binion.

Tom Dillard spoke with Christopher Hendrick who was a salesperson at Neiman Marcus in the Fashion Show Mall, Las Vegas, Nevada. Hendrick knew Sandy Murphy as a regular customer. Hendrick related that on or about September 7, 1998, Sandy Murphy came into the store ". . . either drunk or high on cocaine'. During a rambling monologue, Sandy Murphy talked about the deterioration of her relationship with Ted Binion. Sandy Murphy related that she was no longer sleeping in the same bed with Ted Binion, nor was Murphy having sexual relations with Binion anymore.

Sandy Murphy alleged to Hendrick that Murphy was "scared". Sandy Murphy talked about contacting an attorney to assist her obtain a legal separation from Ted Binion. Also, Sandy Murphy stated that Murphy was tying to obtain some money before she told Ted Binion about the separation. Sandy Murphy claimed that her attorney told Murphy that the attorney could get Murphy $2,000,000 as a result of a separation. Further, Sandy Murphy expressed to Hendrick "I'm not worried about money because I still have $4,000,000 in the bank". Moreover, Sandy Murphy told Hendrick that Murphy had a wealthy boyfriend who was pursuing a relationship with her.

Sandy-Murphy ordered a number of clothing items. A couple days later, Hendrick called Ted Binion at home and told Binion that the clothes Sandy Murphy ordered were ready. Ted Binion was calm and coherent during their brief conversation. Ted Binion told Hendrick that Sandy Murphy "…wasn't going to be able to afford the clothes…." and instructed Hendrick not to ship the clothes to Murphy.

On September 10, 1998, Sandy Murphy and a female friend spent the day at the Neiman Marcus beauty salon. Manicurist Deanna Perry, who was interviewed by Metro Sgt. Ken Heffier, related that Sandy Murphy and her friend were under the influence of something, maybe a combination of drugs and alcohol."

Perry struck up a conversation with Sandy Murphy as Perry was manicuring Sandy Murphy's nails. Perry related to Sandy Murphy that Perry was getting a divorce and asked Sandy Murphy for advice. During the course of the afternoon, Sandy Murphy confided in Perry that Murphy's relationship with Ted Binion was not good.

When Perry asked Sandy Murphy why Murphy did not divorce Ted Binion, Sandy Murphy responded that Murphy would not get anything if Murphy left Ted Binion. Murphy explained that Murphy would get $3,000,000 and the Palomino residence after Ted Binion's death. Therefore, Murphy would have to "hang in there' so she could get the $3,000,900 and the house.

Deanna Perry observed Sandy Murphy and her friend trying on different outfits and discussing upcoming social events. Perry was concerned when Perry heard Sandy Murphy tell Murphy's friend Ted was going to die of an overdose of heroin within the next three weeks."

Sandy Murphy's friend inquired whether Sandy Murphy was going to bring "Richard" to the upcoming events. According to Perry, Sandy Murphy laughed. Sandy Murphy told Murphy's friend that Richard would be at the Agassi Benefit with Richard's wife because it would be inappropriate for Richard to escort Murphy to the event within such a short time after Ted Binion's death. However, Sandy Murphy stated that Murphy thought that it would be acceptable for Richard to go with Murphy to the opening of the Bellagio Hotel, which was scheduled for the October 15, 1998.

Finally, Perry said that she overheard Sandy Murphy say that Ted Binion had money and silver buried out in the desert and that Richard and Richard's friends were going to recover the assets after Ted Binion's death.

Hairstylist Michelle Gilliam told the Clark County Grand Jury that she was present during part of the conversation between Deanna Parry and Sandy Murphy. Gilliam remembered hearing Murphy predict that Ted Binion was going to die of a drug overdose in a few weeks. Also, Gilliam noted that Murphy disclosed that Murphy was having a "secret love affair" with an unidentified male.

Affiant spoke with Sheldon Cornette who is the manager of the Neiman Marcus Hair Salon. Cornette provided records that confirmed that Sandy Murphy was a customer on September 10, 1998. Cornette recalled that Sandy Murphy appeared to be intoxicated when she arrived for her appointment. Also, Sandy Murphy was very loud during her visit. After Sandy Murphy left Deanna Perry remarked to Cornette that she would not be surprised if Ted Binion was "gone soon."

Georgia Gastone, who is a hair stylist at the Neiman Marcus Salon, also recalled Sandy Murphy's visit to the salon on September 10, 1998. Gastone occupied a stall next to Michelle Gilliam. Gastone overheard portions of Sandy Murphy's conversation with Michelle Gilliam and Deanna Perry. Gastone heard Sandy Murphy talk about Murphy's relationship with Ted Binion. Sandy Murphy explained that she would be able to get more money if he [Binion] passed away."

Sandy Murphy also talked about Murphy's "other" boyfriend who Murphy characterized as Ted Binion's "best friend." Murphy stated that her boyfriend possessed the combinations to all of Ted Binion's safes. After Sandy Murphy left the salon, Perry commented to Gastone that she would not be surprised if Ted Binion died of an overdose in a few weeks.

On September 11, 1998, which was the Friday before Ted Binion's murder, Mr. and "Mrs." Rick Tabish checked into The Peninsula Hotel located at 9882 Little Santa Monica Boulevard in Beverly Hills, California. "Mrs." Tabish requested a room with a jacuzzi. Also, "Mrs." Tabish ordered a bottle of Barbaresco wine and two (2) dozen long stem roses as "... a surprise for her husband." The records reflect that the woman with Rick Tabish signed the registration card "SM Tabish'. Affiant is familiar with Sandy Murphy's signature and is of the opinion that Sandy Murphy is the person who signed the guest registration card "SM Tabish".

On the following day, the couple rented a cabana for the day. Again, on Sunday, the couple rented a cabana and ordered his and her massages performed in their room that evening. Again, SM Tabish signed the charge slip. Mr. and "Mrs." Tabish checked out of the hotel on Monday, September 14, 1998.

Detective Les Zoller, a police officer with the Beverly Hills Police Department, spoke with Daisy Tepper, Cabana/Spa supervisor. Tepper recalled waiting on 'Mrs. Tabish and identified a photo of Sandy Murphy as the person Tepper knew as "Mrs." Tabish.

Additionally, Detective Zoeller spoke with a masseuse who serviced "Mr. and Mrs. Tabish." The masseuse identified photos of Rick Tabish and Sandy Murphy as the people known to the masseuse as "Mr. and Mrs. Tabish."

Sandy Murphy confided in Linda Carroll that Murphy had gone on a trip to Southern California with Rick Tabish and that the two of them stayed at the Peninsula Hotel. Indeed, Carroll stated to Richard Wright that Carroll had seen in Murphy's possession a photograph of Sandy Murphy and Richard Tabish together in an affectionate pose.

Ted Binion became increasingly suspicious that Sandy Murphy was being unfaithful in their relationship. On Saturday, September 12, 1998, Ted Binion asked Brad Parry to meet Binion at Binion's house. Previously, Parry had installed a video surveillance system for Ted Binion at the Palomino residence. Parry situated eight cameras on the exterior of the house. The cameras were connected to a television monitor in the den and to another in Ted Binion's bedroom. The cameras were also attached to a video recorder.

Parry became aware that Sandy Murphy also had someone install audio recorders to the telephones so that she could monitor phone calls. Parry told Dillard that the recorders were located in Sandy Murphy's bedroom.

Ted Binion told Parry that Sandy Murphy was "chipping around on him." Ted Binion asked Parry to replay a surveillance tape for him so that Binion could determine whether Sandy Murphy had contact with a person in a truck outside of the Palomino residence. While endeavoring to view the tape, Parry noted that the recorder was not working properly

Ted Binion also talked to Parry about putting a hidden recording device on Sandy Murphy's telephone. Parry indicated that he was capable of installing such a device and received money -from Ted Binion to purchase the equipment. Before leaving Binion's home, Parry told Ted Binion that Parry would be back to disconnect the recorder and take it for repair.

On Sunday, September 13, 1998, Ted Binion called Binion's brother-in-law Nick Belman. Binion told Belman that Sandy Murphy had locked her bedroom door and that Binion wanted to get inside the room. Ted Binion asked Belman to dispatch a Horseshoe employee locksmith to Binion's house. However, there were not any locksmiths available to assist Ted Binion at that time.

On Tuesday, September 15, 1998, Brad Parry returned to the Ted Binion home to disconnect the video recorder. When he arrived at the residence, Parry noted that Sandy Murphy had returned from her trip to Southern California with Rick Tabish. Apparently, Sandy Murphy had somehow become aware that Parry and Ted Binion had been reviewing past surveillance tapes, because Sandy Murphy mentioned to Parry that she was familiar with the contents of the tapes.

On that same day, Ted Binion wrote a check payable to Neiman Marcus in the amount of $3,772 for clothes purchased by Sandy Murphy.

Also, on September 15, 1998, Ted Binion called Mark Goldberg to try to negotiate a reduction in Goldberg's bill for appraisal services. Goldberg told Dillard that Ted Binion was "totally alert and coherent". Also, Ted Binion assured Goldberg that Binion would give Goldberg the right of first refusal in the future when Binion decided to sell the silver.

Previously, in June or July 1998, Ted Binion told Binion's maid, Mary Gascoigne, that he was concerned that someone had stolen a bag of silver containing 1000 coins from him. Ted Binion had also received information from a friend, John Rieker, that one of Sandy Murphy's family members had been seen at Smith's Food King, located at 850 S. Rancho Drive, Las Vegas, Nevada, exchanging a large amount of silver coins for cash. On Tuesday, Ted Binion informed Gascoigne that Binion had concluded that Sandy Murphy had stolen the bag of silver coins from him.

Also, days before Binion's death, Ted Binion took Gascoigne to the garage and showed Gascoigne the contents of his safe. Gascoigne saw numerous silver dollars and other items in the safe. Ted Binion told Gascoigne that Sandy Murphy had the combination to the safe. Gascoigne did not recall any writing on the inside door of the safe.

By all accounts, Ted Binion did not have any suicidal ideations, during the last days of his life. Ted Binion spoke to newspaper columnist John L. Smith on Tuesday, September 15, 1998. Smith wrote in his September 20, 1998 Las Vegas Review Journal column that Ted Binion had talked to Smith about authoring a book and writing a movie script about the life of Benny Binion, Ted's father. Smith noted in the article, "On the phone, he [Ted Binion] was as excited as I'd heard him in months, and he made me promise to come and see him out at his place in Pahrump. 'Bring the family', he said. 'Come and see the animals."'

Ted Binion also had a meeting at the Palomino residence with Kevin Page, Vice President and Senior Portfolio Manager for First Security Bank, at approximately 10:00 a.m. on September 15,1998. Ted Binion and Sandy Murphy were home at the time. Ted Binion wrote a check for $1,000,000 to open an investment account. Also, Ted Binion wrote a second check for $40,000 and asked Page to cash the check. Ted Binion requested that Page obtain two bundles of $100 bills for him. Page cashed the check and gave the $40,000 in cash to Ted Binion later in the day.

Affiant has reviewed telephone records for Rick Tabish, Sandy Murphy, Dave Mattsen, Michael Milot, and Steve Wadkins. On September 16-18, 1998, Tabish used cellular telephone number (702) 493-8696. Tabish used his cellular telephone extensively, usually 16 hours a day, seven days a week. Mike Milot utilized cellular phone number (702) 595-5602. Sandy Murphy used cellular number (702) 249-2010 before Ted Binion's murder. Thereafter, Sandy Murphy was given a new cellular phone by Rick Tabish on September 18, 1998, with the number (702) 376-9336. Mattsen's telephone number at his trailer located at the Ted Binion Ranch in Pahrump was (702) 727-7109. Also, Mattsen had access to Ted Binion's phone located in the main house at the Pahrump ranch. The ranch number was (702) 727-4320. At the time, Mattsen also had telephone service connected at his new home located at 1520 Appaloosa, Pahrump, Nevada, and was assigned number (702) 727-0645. Mattsen was also given a cellular phone, purchased on July 21, 1998 by MRT Transportation, which bore (702) 376-9339. Steve Wadkins' cellular telephone number was (702) 524-9980. All of the cellular phones had voice mail.

Affiant acknowledges that it is not conclusive that calls made by one of these phones to another was an actual communication between the relevant suspects. Nevertheless, telephone logs suggest substantial communicative efforts amongst the suspects, shortly before, during, and shortly after the murder of Lonnie Ted Binion.

The following telephone calls were made on September 16, 1998 during the morning and early afternoon hours.

Mary Montoya-Gascoigne, Ted Binion's full-time residential maid, normally worked Monday through Friday from 10:00 a.m. until 3:00 p.m. Dillard interviewed Gascoigne who was very familiar with Ted Binion, Sandy Murphy and the Palomino residence.

On September 16, 1998, Gascoigne arrived at the Palomino residence in the morning. Ted Binion was ". . . in a good mood and very excited!'. Ted Binion told Gascoigne that Mayor Jan Jones was coming to the house. Binion asked Gascoigne to straighten the house before the Mayor arrived. Gascoigne made Ted Binion's bed, as well as Sandy Murphy's bed, in Gascoigne's customary fashion.

Ted Binion's next door neighbor and treating physician was Dr. Enrique LaCoya. Dr. LaCoya had spoken with Ted Binion during the morning hours of September 16, 1998. Ted Binion appeared to Dr. LaCoya to be very excited about his upcoming meeting with Mayor Jones, who was then running for Governor.

Ted Binion also told Dr. LaCoya that Binion was feeling very anxious. Ted Binion related that he had been trying to stop drinking and taking narcotics. Ted Binion asked Dr. LaCoya for a prescription for Xanax. Dr LaCoya had given similar prescriptions to Ted Binion in the past. The doctor gave Ted Binion a prescription for .5 of Xanax to be taken four (4) times a day. This prescription was for a thirty (30) day supply, for a total of one hundred twenty (120) pills. Dr. LaCoya indicated that the prescription was for a very low dosage.

Later in the morning of September 16, 1998, Ted Binion received a call from his long time friend, Jay Kerr, who had known Ted Binion for 25 years and enjoyed a very candid relationship with Ted Binion. During their conversation, Ted Binion confided to Kerr that Binion was very disappointed in himself due to Binion using heroin again. Ted Binion indicated that he had stopped using heroin but, "...sure enough, as soon as I do it, I run into a guy that can get me some good dope and he's on his way over here now."

According to Kerr, Ted Binion described the person bringing him the drugs as "a young, sharp guy." Interestingly, Jim Brown stated that Ted Binion had identically described Rick Tabish to Brown as "a young, sharp guy."

While Ted Binion was waiting for the Mayor to arrive for their meeting, Tanya Cropp arrived at the Binion residence. Cropp, had known Ted Binion for a long period of time, and had been hired by Ted Binion to work as his personal secretary because his regular secretary, Kathy Rose, was leaving the state. Ted Binion informed Cropp that Binion was expecting the Mayor to arrive shortly and asked Cropp to return in an hour. As Cropp was leaving, Mayor Jones pulled up to Binion's home in her vehicle.

Affiant spoke to Mayor Jones about her meeting with Ted Binion. Mayor Jones related that she had received a call from Ted Binion asking her to come to his house to pick up a contribution for her Gubernatorial campaign. Mayor Jones arrived at Binion's residence at approximately 10:00 a.m. with her assistant Stan Jenkins. Ted Binion was dressed in jeans and a plaid, button-down shirt. Mayor Jones noticed that the living room drapes were open and she could see into the back yard.

Ted Binion was upbeat; he appeared to enjoy speaking with the Mayor. During the hour long meeting, Ted Binion spoke about his father, Benny Binion, and the history of Las Vegas. Additionally, Ted Binion talked about his plans to regain his gaming license. Ted Binion gave the Mayor a tour of his house; he showed her his coin collection. At no time during the visit did the Mayor ever sense that Ted Binion was depressed or suicidal. Prior to leaving the home, Ted Binion gave the Mayor a $ 40,000 cash contribution.

After Mayor Jones left the residence, Gascoigne watched Ted Binion unload some of his guns. Ted Binion told Gascoigne that Binion was concerned that Sandy Murphy might grab one of his guns and shoot him. Ted Binion explained to Gascoigne that if Sandy Murphy grabbed for an unloaded gun, "I'll be already on top of it."

Ted Binion asked Gascoigne to make a bank deposit for him. When Gascoigne returned, she saw Ted Binion starting his truck. Binion told Gascoigne that Binion was going to pick up his prescription.

Ted Binion drove to Lam's Pharmacy at 2202 W. Charleston. Pharmacist Roger Lam filled the Xanax prescription as directed by Dr. LaCoya.

Upon returning home, Ted Binion conversed with Cropp about Ted Binion's use of Xanax. Cropp and her boyfriend, Tony Musso, were both familiar with Ted Binion's heroin addiction. Ted Binion showed Cropp a bottle of Xanax and explained that the pills helped Binion "get off heroin". Cropp related that Ted Binion was always very careful in taking Xanax because Binion was aware of the dangers of taking Xanax and particularly of mixing Xanax with heroin.

Cropp noted Binion was in a very good mood and did not appear to be under the influence of any drugs at the time Cropp was at the Palomino residence. Ted Binion seemed very excited about his meeting with Mayor Jones and talked about his future plans.

Dillard also spoke with Tony Musso. According to Musso, Ted Binion confided in Musso about Binion's substance abuse problem. Ted Binion had spoken to Musso on numerous occasions about Binion's use of Xanax as a sedative. The last time Musso had such a conversation with Ted Binion was on September 13 or September 14, 1998. Musso related that Ted Binion was very precise in waiting a certain period of time before careful, Tony. I got to be so careful. I can't take one of these pills after I get high because it would kill me."

During the late morning hours of September 16, 1998, Ted Binion placed a telephone call to private investigator Don Dibble. Binion requested that Dibble conduct surveillance on Sandy Murphy. Ted Binion advised Dibble that Binion would contact Dibble later that afternoon and provide Dibble with further information about Sandy Murphy. Later that same afternoon, Ted Binion left a voice mail message for Dibble indicating that Binion would call Dibble again on September 17.

Laura Brown received a telephone call from Ted Binion on September 16, 1998 at 11:50 a.m. Ted Binion told Brown, "Just tell Jimmy [Brown] to take Sandy [Murphy] out of the Will and put Bonnie [Binion] in. You know, Bonnie gets it all." Brown then asked Ted Binion whether "Sandy is gone?" Ted Binion responded "No. She might as well be."

Laura Brown gave her husband, James J. Brown, Ted Binion's message. Jim Brown, Binion's long-time attorney, spoke to Ted Binion at about noon on September 16, 1998. Ted Binion told Brown, "Take Sandy out of the will, if she doesn't kill me tonight. If I am dead, you will know what happened."

While Gascoigne was cleaning Binion's house, she observed a copy of Ted Binion's will in the house. Gascoigne noted a crossed-out handwritten entry on the bottom of the document which read "Sandy Murphy, one million dollars." Gascoigne asked Ted Binion whether Binion wanted Gascoigne to put away the instrument. Ted Binion responded, "That's no good no more." Gascoigne offered to throw the will in the garbage; however, Ted Binion took the document and placed it on a shelf in the den.

Key Fechser, Ted Binion's nephew, placed a call to Ted Binion on September 16, 1998. During the conversation, Ted Binion stated that he was "getting rid" of Sandy Murphy. Also, Binion told his nephew that Binion was ". . . writing Sandy out of the will." Finally, Binion revealed that Binion had hired a private investigator to conduct surveillance on Sandy Murphy.

Fechser, who had been given tickets to the premier of Oscar Goodman's movie "Mob Law", offered the tickets to Ted Binion. Binion stated that he did not want to attend the movie; however, Fechser heard Binion offer the tickets to Sandy Murphy who was apparently nearby at the time. Fechser also heard Sandy Murphy decline the offer.

Roy Price, one of Ted Binion's Pahrump ranch hands, told Dillard that Price had observed a suspicious van parked near Binion's ranch on Tuesday, September 14, 1998. Price also observed the vehicle's occupant taking photographs of the area. Price followed the van and it's occupants to the area of Binion's property where Binion's vault was located. Price notified Ted Binion of what Price had observed and was asked by Ted Binion to meet Binion at Binion's residence in Las Vegas to discuss the matter further.

On September 16, 1998, Price arrived at Ted Binion's Palomino residence around noon. Ted Binion was in a good mood. While Price was visiting with Ted Binion, Binion pointed towards the living room where Sandy Murphy and Rick Tabish were seated and said, "They got me the best shit that I have had in a long time." Price took the statement to mean that Tabish and Murphy had acquired drugs for Binion. However, Price did not see Ted Binion take any drugs. Price explained to Dillard that, "Ted was very smart with drugs and he [Ted] did not like Xanax."

While Sandy Murphy and Rick Tabish were seated in the living room, Ted Binion turned towards Murphy and Tabish and stated to Price, "She is closer to him than a cheap suit".

During his meeting with Ted Binion, Price described what Price had seen at the ranch on Tuesday. Tabish interjected to Ted Binion that they should move the silver to another location. Ted Binion declined to move the silver and ignored Tabish for the remainder of the time Price was at Binion's residence.

Price also overheard Sandy Murphy complaining to Ted Binion that Binion was not taking care of her sufficiently in his will and that Binion was hiding his assets from her. Price observed Ted Binion with a wad of $ 100 bills. Ted Binion told Price that Binion had $50,000 cash. When Price left the residence, Binion, Tabish, Murphy and Gascoigne were still at the Palomino residence.

Later, that same day, at approximately 2:30 p.m., Sandy Murphy approached Gascoigne as Gascoigne was cleaning. Sandy Murphy appeared upset and instructed Gascoigne to leave the Palomino residence. Gascoigne went to say goodbye to Ted Binion. Ted Binion offered money to Gascoigne. Gascoigne declined, telling Ted Binion, "I'll catch you tomorrow." Ted Binion agreed and Gascoigne left the residence leaving only Rick Tabish, Sandy Murphy and Ted Binion remaining at the home.

According to Thressa Mattsen, on September 16, 1998, David Mattsen left the Mattsen home in Pahrump to go to Las Vegas between 6:00 p.m. and 7:00 p.m. David Mattsen had not returned from Las Vegas when Teressa Mattsen went to bed at approximately 10:00 p.m. that evening.

Rick Tabish, Sandy Murphy, David Mattsen, Michael Milot and Steve Wadkins made the following telephone calls during the rest of the afternoon and evening.

Later in the evening, on September 16, 1998, Jay Kerr spoke on the telephone with Ted Binion. Kerr did not notice anything unusual with Ted Binion during their conversation. Ted Binion's thought processes seemed clear. Kerr did not sense that Ted Binion was depressed, let alone suicidal.

Barbara Brown, a Realtor and long time friend of Ted Binion, was assisting Ted Binion purchase property near the Texas Hotel. Brown had spoken with Ted Binion numerous times over the telephone shortly prior to his death. Indeed, Brown arranged for Ted Binion to meet the property owner on Friday, September 18, 1998, at 1:00 p.m.

On Wednesday evening, September 16, 1998, at approximately 8:44 p.m., Barbara Brown called Ted Binion to confirm their appointment for Friday. Brown recalled Ted Binion being lucid; Binion remembered the date, time and location of their meeting. Ted Binion confirmed that he would be present at the scheduled meeting two days hence.

Affiant interviewed Peter Sheridan, who acknowledged being a supplier of heroin to Ted Binion for the past 18 years. Sheridan explained that Ted Binion only purchased tar heroin. Sheridan confirmed that Ted Binion always smoked the tar heroin. Ted Binion never injected or ate the heroin. Further, Sheridan advised that tar heroin has a very bitter taste and Sheridan has never known anyone to eat tar heroin. Recently, Ted Binion had been purchasing tar heroin more frequently.

On September 16, 1998, during the evening hours, Sheridan delivered 12 balloons of tar heroin to Ted Binion at Binion's residence. Sheridan was admitted to the Palomino residence by Sandy Murphy. During Sheridan's conversation with Ted Binion, Sheridan noted that Ted Binion's demeanor was normal. Binion did not appear despondent or suicidal. Ted Binion paid Sheridan for the tar heroin and gave Sheridan 30 Xanax tablets as a gratuity.

During the late evening hours of September 16, 1998 and the early morning hours of September 17, 1998, David Mattsen made several telephone calls to the Ted Binion's residence and to Rick Tabish.

Tom Dillard was able to trace the last hours of Ted Binion's life.

John Rieker, who is the chief engineer for Sierra Health Services, located a couple of blocks from Ted Binion's house, had been friends with Ted Binion for approximately 25 years. Rieker had heard from employees of Smith's Food King, located at 550 South Rancho Drive, Las Vegas, Nevada, that Sandy Murphy's brother had been seen in the store cashing numerous coins. Rieker related that Rieker had told Ted Binion about this rumor approximately a week to ten days prior to Binion's death.

On September 17, 1998, at approximately 4:00 a.m., Ted Binion was waiting for Rieker at Sierra Health Services when Rieker arrived for work. Ted Binion thanked Rieker for telling Binion about Sandy Murphy's brother. Rieker said that Binion knew they were stealing from Binion. Also, Ted Binion told Rieker that Sandy Murphy was cheating on Binion and that Binion was going to get rid of the broad and her family".

Thereafter, Ted Binion went to the 7-11 convenience store located on the comer Charleston Blvd and Rancho Road. Marvin Reed, the graveyard clerk, observed Ted Binion in the business at approximately 5:00 a.m. Ted Binion was very agitated and not very talkative. Reed asked Ted Binion if Binion was alright. Ted Binion responded that "He would be okay." Ted Binion purchased two packages of cigarettes and left.

Other than Ted Binion's killers, the last person known to have seen Ted Binion alive was Binion's next door neighbor's maid, Eunice Altamirano. Altamirano observed Ted Binion in front of Binion's residence at 5:30 a.m. Altamirano handed Ted Binion his newspaper and said good morning. Altamirano described Ted Binion's demeanor as normal.

Thressa Mattsen told that Grand Jury that she saw David Mattsen at the Pahrump ranch in the morning hours of September 17, 1998; however, Thressa Mattsen could not account for David Mattsen's presence during the rest of the day.

Rick Tabish, Michael Milot, David Mattsen and Steve Wadkins made the following calls during the morning hours of September 17, 1998, the day Ted Binion was murdered.

As Mary Montoya-Gascoigne was preparing to leave for work, Gascoigne received a telephone call from Sandy Murphy at 9:00 a.m. Sandy Murphy informed Gascoigne, "Ted isn't feeling very well. Don't come to work today."

At or about the same time Sandy Murphy called Gascoigne, Tom Loveday, Ted Binion's gardener for 14 years, arrived at the Palomino residence. Loveday found it unusual that Sandy Murphy's car was parked in the side driveway. In fact, Loveday noted that Murphy routinely parked Murphy's vehicle in the garage.

As Loveday was cutting the lawn, Loveday observed Ted Binion's dogs behaving in an unusual manner. Instead of following Loveday around the yard, as they usually did, they stayed next to the backdoor, as if wanting to be let inside.

Loveday noticed that the living room curtains were closed. As a result Loveday could not see into the den area where Ted Binion's body was ultimately discovered. Loveday had never seen the drapes closed at any time in the past. Loveday looked through the kitchen door and saw the house dark.

Loveday also went to Ted Binion's bedroom window. The bedroom drapes were open. Ted Binion's bed was made and there were no clothes on the floor. Also, Sandy Murphy's bedroom drapes were open and her bed was likewise made.

Between 8:56 a.m. and 12:17 p.m. on September 17, 1998, a time frame that would later be determined to include the time of death for Ted Binion, Rick Tabish made only one outgoing telephone call, that being to Tabish's father-in-law's business, Riverside Contracting, which is located in Missoula, Montana.

Mattsen placed a call from Mattsen's trailer to Tabish at 10: 10 a.m. that lasted two minutes. Again, at 12:03 p.m., Mattsen used the phone in his trailer to call Ted Binion's home.

At approximately 12:04 p.m., Barbara Brown called Ted Binion's residence and Sandy Murphy answered the phone. Brown asked for Ted Binion and Sandy Murphy told Brown that Ted Binion was sleeping. Ted Binion was already dead.

It appeared to Barbara Brown that Sandy Murphy was upset and crying. Brown asked Sandy Murphy if Murphy was okay. Sandy Murphy responded, "No. Nobody understands what is has been like living with a drug addict." Sandy Murphy continued in a hysterical fashion, "I have this mess to clean up in this bathroom.". Brown offered to come to the house to assist. Sandy Murphy declined, stating, "No. He [Ted] doesn't want anybody to come over here, Barbara, he lost so much weight that he doesn't want anybody to see him and be careful if you bring anybody, he'll be very upset."

Brown was surprised at Sandy Murphy's comment and told Murphy, "Well, that's strange. We have an appointment tomorrow at one. You know, we've been at this all week". Sandy Murphy advised, "Well , you better call tonight to see if he [Ted] can make that appointment." Brown offered to pick up Sandy Murphy for lunch. Sandy Murphy declined, stating, "No. Every time I go out he [Ted] interrogates me."

Between noon and 3:16 p.m. on September 17, 1998, Rick Tabish, Sandy Murphy, David Mattsen and Michael Milot made the following telephone calls:

Later, at approximately 2:45 p.m., Sandy Murphy showed up unexpectedly at Horseshoe Gaming administrative offices. Sandy Murphy requested the receptionist interrupt a meeting attended by Kathy Rose so that Murphy could hand Rose a check to be deposited in Ted Binion's bank account. Rose could not remember any other time when Sandy Murphy brought Rose a check to deposit for Ted Binion. Rose described Sandy Murphy's demeanor as normal.

Sandy Murphy told Rose that Ted Binion had obtained a prescription to help Binion with detoxification and that Binion had asked Murphy to stay up all night with Binion. Further, Sandy Murphy claimed that Murphy had remained up all night with Ted Binion. Murphy told Rose that Ted Binion was at that time asleep and that Murphy was going to get something to eat. Thereafter, Sandy Murphy planned to return home to check on Binion.

A short time later, Rose received a call from Sandy Murphy. Rose could hear a male voice in the background. Sandy Murphy asked Rose for Mike McDowell's phone number. Rose was unaware that Sandy Murphy knew Mike McDowell.

Rick Tabish placed a call to Sandy Murphy at 3:47 p.m. that lasted one (1) minute. Seven (7) minutes later, LVMPD Communications received a 911 call from an apparently hysterical Sandy Murphy. Sandy Murphy stated, "My husband has stopped breathing.", after which the call was disconnected.

Las Vegas Fire Department paramedic Kenneth Dickenson was the first person at the scene. Dickenson first contacted Sandy Murphy outside the Palomino residence.

Later, at approximately 2:45 p.m., Sandy Murphy showed up unexpectedly at Horseshoe Gaming administrative offices. Sandy Murphy requested the receptionist interrupt a meeting attended by Kathy Rose so that Murphy could hand Rose a check to be deposited in Ted Binion's bank account. Rose could not remember any other time when Sandy Murphy brought Rose a check to deposit for Ted Binion. Rose described Sandy Murphy's demeanor as normal.

Sandy Murphy told Rose that Ted Binion had obtained a prescription to help Binion with detoxification and that Binion had asked Murphy to stay up all night with Binion. Further, Sandy Murphy claimed that Murphy had remained up all night with Ted Binion. Murphy told Rose that Ted Binion was at that time asleep and that Murphy was going to get something to eat. Thereafter, Sandy Murphy planned to return home to check on Binion.

A short time later, Rose received a call from Sandy Murphy. Rose could hear a male voice in the background. Sandy Murphy asked Rose for Mike McDowell's phone number. Rose was unaware that Sandy Murphy knew Mike McDowell.

Rick Tabish placed a call to Sandy Murphy at 3:47 p.m. that lasted one (1) minute. Seven (7) minutes later, LVMPD Communications received a 911 call from an apparently hysterical Sandy Murphy. Sandy Murphy stated, "My husband has stopped breathing.", after which the call was disconnected.

Las Vegas Fire Department paramedic Kenneth Dickenson was the first person at the scene. Dickenson first contacted Sandy Murphy outside the Palomino residence. Sandy Murphy appeared hysterical.

Paramedic Dickenson entered the residence and saw Ted Binion’s body laying on the floor in the southeast den. A comforter was draped over the lower legs of Ted Binion’s body. Dickenson determined that Ted Binion had been dead for a period of time and covered the body.

Detective Pat Franks arrived a short time later and took charge of the scene. Criminalists were dispatched to the residence to process the scene. Franks requested criminalists examine all doors and windows of the residence. Crime Scene Analyst Mike Perkins reported all doors and windows were secured except for a back bathroom window. Later, Sandy Murphy told detectives that on the previous evening she had locked herself out of the house and broke in through the back bathroom window.

Upon entering the front door, Detective Franks observed that the ceiling to floor living room drapes were drawn. Consequently, the living room was dark. Additionally, affiant reviewed photographs of the residence taken by CSA Perkins. Photos depict that the drapes in the living room were closed. Because the drapes were closed, a person in the backyard would not be able to see into the den.

Detective Franks went to the southeast den which is located just east of the front door of the home. On the floor were Sandy Murphy's keys and sunglasses. In the center of the room was a throw rug with a mattress on top of it. Ted Binion was found laying on his back on the mattress. Binion's arms were resting at the side of his body. Binion's legs were straight. Ted Binion was wearing a long sleeved shirt that was unbuttoned and a pair of brief underwear. A pair of jeans and loafers were found next to the lower torso of Binion's body.

Additionally, an empty pill vial labeled Xanax, two disposable lighters, a partially consumed package of Vantage cigarettes and a remote control were found next to the body. Although numerous firearms were located throughout the house, no weapons were found in the den.

In an adjacent bathroom, CSA Perkins found narcotics paraphernalia. Perkins observed a small table in the bathroom. A large knife with brown residue on the blade of the knife was recovered from the table. Also, an apparently clean piece of foil and an ashtray were also on the table. Perkins identified a small piece of red rubber balloon on the floor next to the table.

Additionally, Perkins observed a trash can in the bathroom. Inside the trash can, Perkins located an additional piece of pink balloon. Also, several pieces of crumpled aluminum foil were recovered from the trash can and impounded for further analysis.

Later, Criminalist Francis Beaudette tested residue of brown substance found on the knife blade. Beaudette identified .03 grams of heroin on the blade. However, upon examining the pieces of aluminum foil, Beaudette did not detect heroin on any of the pieces of foil.

Also, affiant found suspicious that criminalists found only two (2) small pieces of balloon. As stated earlier in this affidavit Peter Sheridan delivered twelve (12) balloons containing heroin to Ted Binion during the evening hours of September 16, 1998.

Affiant has reviewed the police reports and crime scene photos in the instant case. Affiant has mentally compared the instant crime scene with the many scenes that affiant has witnessed that involved accidental drug overdoses or drug related suicides. It is affiant's considered opinion that the scene depicting Ted Binion's death was staged.

It is clear to affiant that Ted Binion's killers positioned Binion's body in a manner that is inconsistent with the way decedent's are normally found in similar situations.

Additionally, affiant noted that it is very likely that Ted Binion's killers cleaned Ted Binion and the crime scene before reporting Binion's death to police. In contrast to affiant's past experience with victim's of drug overdose, there was no evidence of purging in the immediate area of Ted Binion's body.

Rick Tabish, Michael Milot, David Mattsen and Steve Wadkins made the following calls during the evening:

Ted Binion's neighbor, Janice Tanno, went to Valley Hospital to console Sandy Murphy, who had been transported to the hospital by paramedics. A short time later, between 6:30 p.m. and 7:30 p.m., Rick Tabish showed up at the hospital. Tabish was carrying a cellular phone. Tabish told Tanno, "I was on the way to the airport and I heard the news and I came to help Sandy."

Affiant reviewed records from Northwest Travel Service located in Missoula, W. On August 24, 1998, Tabish made reservations to travel from Las Vegas to Missoula, MT on September 24, 1998. Tabish did not have reservations to travel to Missoula, MT on September 17, 1998.

Moreover, according to records from Delta Airlines, the primary airline that offered flights from Las Vegas to Missoula, MT, Rick Tabish did not have reservations to fly to Missoula on September 17, 1998. However, it is possible that Tabish could have attempted to obtain a seat on the flight's standby list.

Janice Tanno's son, Alex Tanno, was consoling Sandy Murphy when Detective Mitchell asked to speak with Sandy Murphy. Alex Tanno left the room and told a group of people that the police were interviewing Sandy Murphy. Almost immediately, Tabish left the hospital.

Detective Jim Mitchell contacted Sandy Murphy at Valley Hospital where she was being treated for her apparent hysterical condition. Sandy Murphy explained that Ted Binion began using drugs after his gaming license was revoked. Sandy Murphy claimed that Binion was suicidal. Sandy Murphy said she observed Ted Binion stick a gun in his own mouth when Binion was under the influence of drugs. Sandy Murphy stated that Ted Binion had been using drugs prior to his death and that Binion wanted Murphy to purchase more drugs for him. Sandy Murphy stated that she looked for some more heroin for Binion but could not find any. Additionally, Sandy Murphy stated that she brought the Xanax to Binion and opened the bottle.

Sandy Murphy related that Ted Binion woke Murphy up in the middle of the night and told Murphy that he was going to try to sleep. Further, Sandy Murphy claimed that Ted Binion told her that, "He might be sick and he wanted me to watch him sleep. He said 'he [Ted] might have a seizure' and to 'please watch him."' Sandy Murphy stated that she "... went and laid with him."

Thereafter, Sandy Murphy said that she left the house for a few hours while Ted Binion was sleeping. According to. Murphy, when Murphy returned, Ted Binion was still sleeping. Sandy Murphy explained that she laid on the sofa and watched Binion sleep. Then Sandy Murphy got dressed and ran errands.

In accordance with normal police procedure, Sgt. Huggins conducted an inventory of the vehicles left at the scene and found a briefcase inside one of the vehicles. Inside the briefcase, Huggins found a newsletter for coin collectors, a combination for a safe and a hand written note signed "Love you! Sandy. P.S. I love my Lover."

Huggins also inventoried the 1995 silver and teal Chevrolet pickup truck bearing Montana license plate 4T-5683F. The truck was registered to Richard Tabish and MRT Transport Inc. Inside the vehicle Sgt. Huggins found a cellular telephone with the assigned number (702) 376-9339. This was the same truck Roy Price observed Dave Mattsen driving weeks before Ted Binion's death.

Subsequently, affiant learned that Rick Tabish's creditors received court authorization to repossess the tractor and belly dump and the tractor, trailer and excavator. The creditors provided a consent to search the equipment. On May 13, 1999, District Attorney Investigator Mike Karstedt and CSA Joe Szukiewicz found a set of handcuffs in the tractor/trailer.

On September 18, 1998, Kurt Gratzer traveled with Terry Sweeney to the annual Montana Testicle Festival that was held on September 19-22. Sweeney is a businessman who owns several Ole's convenience stores in Missoula, Montana. During the trip, Gratzer confided to Sweeney that Rick Tabish had tried to hire Gratzer to kill a guy in Las Vegas.

Subsequently, Gratzer and Sweeney were socializing with John Kelly at the festival. Kelly related that Kelly had heard that a casino owner was found dead in Las Vegas and that Rick Tabish had been arrested for stealing the decedent's silver. After hearing the news, Sweeney turned to Gratzer and said "Didn't you just say something about that to me?"

Affiant spoke with Terry Sweeney, who confirmed that Gratzer confided in Sweeney that Tabish tried to hire Gratzer to kill a guy in Las Vegas. The conversation between Sweeney and Gratzer about Gratzer being solicited by Tabish to kill a guy in Vegas took place on Friday, September 18,1998.

Later, on Sunday, September 20, 1998, at about 1:00 a.m., Sweeney, Gratzer and John Kelly were together when Kelley related that Tabish had been arrested in Nevada for stealing a dead man's silver. At that point, Sweeney knew that Gratzer's information was credible. Nevertheless, because of Sweeney's fear of Tabish and Tabish's powerful, well-connected family, Sweeney decided not to contact the police.

Lt. Ed Brannin, who is employed by the Missoula County Sheriff's Office, spoke with John Kelly, who confirmed that the conversation with Gratzer and Sweeney did in fact occur during the Testicle Festival.

Affiant has reviewed the records of A-Best Bail Bonds. On September 21, 1998, "Sandra Murphy Binion!' posted bail for Richard Tabish and Michael Milot in the amount of $100, 000 each for a total of $200, 000. Sandy Murphy pledged for collateral her 1998 Mercedes Benz 500SL convertible, a white metal ring with a large pear shape stone, 2 white metal earrings with 44 clear stones each, a yellow metal chain with 48 clear stones and a white and yellow metal watch. Thereafter, on September 24, 1998, Rick Tabish posted bail for David Mattsen.

On September 22, 1998, Sandy Murphy demanded to speak with agents of the Nevada State Gaming Control Board. Sandy Murphy and attorney Bill Knudson spoke with Deputy Chief Paul Markling. In what could be interpreted as an effort to deflect attention, Sandy Murphy told Markling of the volatile relationship that had existed between Ted Binion and Ted's brother-in-law, Nick Behnan.

Sandy Murphy also told Markling that Ted was ". . . very, very depressed. And that Teddy did this on his own". These statements are inconsistent with substantial evidence to the contrary detailed earlier in this affidavit.

Markling reported that Sandy Murphy also said that Ted Binion gave Rick Tabish instructions to dig up Ted's silver, sell it and put the proceeds in a trust for Binion's daughter. Murphy explained that Ted Binion did not want his ex-wife, Doris, to get the money. Also, Murphy alleged that Ted Binion was afraid that Ted's daughter, Bonnie, would squander the wealth.

Sandy Murphy explained that Ted Binion felt that Tabish was the only person that Binion could trust. Further, Sandy Murphy acknowledged, "We had the combination to the vault". Markling understood "we" to refer to Rick Tabish and Sandy Murphy. Also, Sandy Murphy claimed, that "The boys had called the sheriff three times and told him that they were going out to dig up the silver." Finally, Sandy Murphy made clear to Markling that Tabish is "... my best friend in the whole world".

On the same day, Tuesday, September 22, 1998, funeral services were held for Lonnie Ted Binion. Among the over 500 people who were present to pay their last respects were Horseshoe security officers John Boylan and Donald Kershaw. The two officers saw Sandy Murphy enter the church with an entourage of men. Sandy Murphy was one of the last to enter the church before the funeral and one of the first to leave the building afterwards. As Sandy Murphy exited the church, Boylan and Kershaw observed a complete change in Murphy's demeanor. Sandy Murphy began to shake and apparently sob. They both independently concluded that Sandy Murphy was either acting or exaggerating her emotions.

On the following day, September 23, 1998, Sandy Murphy, who was allegedly grieving the loss of Ted Binion, went to a business meeting attended by Matt Rivera, Rick Tabish and Fred Schmidt, Chief Financial Officer for Rubber Technology International. The meeting took place at the Callaway Golf Center located at 6730 South Las Vegas Boulevard. During the meeting, Murphy assisted Tabish by obtaining some financial records from MRT offices. Fred Schmidt told Tom Dillard that Rick Tabish revealed to Schmidt that Tabish had been arrested for stealing Ted Binion's silver. In an attempt to legitimize Tabish's role in the incident Tabish told Schmidt that a representative of Superior Stamp and Coin was present during the excavation of the vault and silver in Pahrump. There is no evidence whatever to substantiate Tabish's allegation. Tabish assured Schmidt that Tabish's arrest was all a mistake and that it would all be cleared up in the near term future."

After Mattsen was released from jail, Mattsen spoke to Bill Browning about Mattsen's arrest. Mattsen explained that Ted Binion asked Mattsen to recover Ted Binion's silver, in the event of Binion's death, and give the. silver to Bonnie Binion. Mattsen claimed that Binion promised that Binion's estate would pay Mattsen $100,000 for fulfilling Binion's wishes.

On September 24, 1998, Tom Dillard and Jim Brown inspected the Ted Binion residence. Dillard photographed the exterior and interior of the home. Upon entering Sandy Murphy's bedroom, Dillard noticed the several tape recorders that Brad Parry had referenced in his statement to Dillard. Only one of the recorders had a cassette tape in place. That tape was impounded by Dillard.

At the conclusion of the meeting, Tabish promised to contact the FBI and relate to the FBI what Tabish had told the Belmans. To date, Tabish has not spoken to the FBI nor has he contacted affiant.

On January 11, 1999, attorneys for Ted Binion's estate filed with the probate court an affidavit setting forth facts that had been discovered during the estate's preliminary investigation. Among other things, the document stated that an unknown author drafted a check on Ted Binion's bank account on September 15, 1998 for the amount of $3,772, made payable to Neiman Marcus for what is suspected to be for the purchase of clothes for Tabish." Also, the affidavit made reference to information that was received from Neiman Marcus salesman Christopher Hendrick concerning conversations that Hendrick had with Sandy Murphy.

On January 13, 1999, Sandy Murphy demanded Neiman Marcus clerks provide Murphy with a receipt for a purchase that Murphy had made on September 16, 1998, the day before Ted Binion's murder. Sandy Murphy explained that Murphy had purchased a dress on that date with a post-dated check that her husband had given her. Further, Sandy Murphy stated that Murphy needed a copy of the transaction documents for court because Murphy had been accused of buying men's clothing for a boyfriend that she didn't know."

On the following day, January 14,1999, Christopher Hendrick received a telephone call from Sandy Murphy. Sandy Murphy was dismayed that Hendrick had cooperated with investigators saying to Hendrick, "I thought that you were my friend.." Sandy Murphy said she knew Hendrick told investigators that Sandy Murphy had a secret boyfriend and that she had been hiding money from Ted Binion.

Sandy Murphy asked Hendrick to meet with Murphy's attorneys so -we can just get this taken care of and you don't have to be involved." Hendrick declined to meet with Sandy Murphy's attorneys. At that point, Sandy Murphy gave her cellular telephone number, 376-9336, to Hendrick and told Hendrick to call her if Hendrick changed his mind.

On the same day, January 14, 1999, Sandy Murphy called a representative of Sprint. Murphy requested that telephone bills for the Palomino address be forwarded to 9555 South Las Vegas Boulevard. The office of MRT Transportation of Nevada, Inc. is located at the same address.

On January 14, 1999, Affiant executed a search warrant at Ted Binion's residence located at 2408 Palomino Lane. At that time the home was secured with full time security guards posted at the front and rear of the house. During the search, affiant examined the north east bedroom, formerly occupied by Sandy Murphy. Affiant found a large bag of silver coins hidden behind a television set in the bedroom. Also, in the dressing area of the walk-in closet, Detective Tom Thowsen found a plastic case used to protect silver dollars.

During the course of the probate proceedings concerning Ted Binion's estate, Jim Brown was authorized by the court to gather Binion's assets and obtain appraisals for the items. In mid March, 1999, Brown gathered the bag of silver that was hidden behind Sandy Murphy's bedroom television set. In the presence of independent appraiser, Oscar Schwartz, Brown removed the contents of the bag. Brown and the appraiser discovered a pair of thumb-cuffs and a knife among the silver coins. Brown immediately notified Tom Dillard. Rick Tabish had restrained Leo Casey with thumb-cuffs on July 28, 1998!

On January 26, 1999, District Judge Gene Porter authorized the installation of a trap and trace device and pen register device on Rick Tabish's cellular telephone that is used by Sandy Murphy, as well as Tabish's business phones located at MRT Transportation situated at 9555 South Las Vegas Blvd.

During the following days, a great number of calls were made from the cellular telephone. Also, there were many incoming calls recorded on the cellular phone. However, beginning February 1, 1999, Affiant noted that there was little or no telephone activity on the cellular telephone. The only registered calls were outgoing calls to the voice mail box number for the cellular phone.

The reason for the cessation of calls as of February 1, 1999 became evident on February 3, 1999 when Chief Deputy District Attorney David J.J. Roger received several telephone calls from Sandy Murphy's attorneys Oscar Goodman and David Chesnoff. The attorneys inquired about the search warrant executed at the Palomino address. David Roger informed them that the search warrant application had been sealed by order of the Court. Also, Sandy Murphy's attorneys requested immunity from prosecution for Sandy Murphy so that Murphy could testify at a civil deposition scheduled for the next day. Their request was denied by David Roger.

In a subsequent conversation, Chesnoff asked Roger, point blank, whether there was a wire tap on Murphy's phone. Roger responded that he could not say one way or another whether there was a wire tap on Sandy Murphy's phone.

On the following day, affiant was present at a hearing in front of District Judge Mike Cherry. During the hearing, an attorney for Tabish complained that his client Rick Tabish, should not have to testify because his client's phones had been tapped.

Affiant learned that Sandy Murphy activated telephone service on January 28, 1999 at an apartment located at 251 S. Green Valley Parkway # 5014. Also, records received from Nevada Power Company indicated that power service had been connected at the same address and billed to MRT Leasing of NV/Richard Tabish.

On February 18, 1999, the Honorable Gene Porter authorized the search of the apartment that affiant believed was occupied by Sandra Murphy and Richard Tabish. Additionally, the wan-ant authorized the search of MRT Transportation, located at 9555 S. Las Vegas Boulevard #101. The search warrant allowed detectives to search for business records, men's clothing items that were purchased for Tabish at Neiman-Marcus by Sandy Murphy, work boots and any items tending to establish the relationship between Sandy Murphy and Tabish.

On February 19, 1999, shortly after 7:00 a.m., search warrants were executed in Missoula, Montana and the two locations in Las Vegas, Nevada. Affiant led the search at Sandy Murphy's apartment Detectives knocked on the door and announced they had a search warrant. Sandy Murphy refused to answer the door. Sandy Murphy insisted that she speak with her attorneys before answering the door. Affiant explained to Sandy Murphy that affiant would have to force open the door if Murphy refused to allow detectives to enter the apartment. At that point, Sandy Murphy opened the door. Upon entering the apartment, affiant immediately observed Richard Tabish seated on a couch. Rick Tabish and Sandy Murphy were allowed to remain in the apartment during the search. A short time later, attorney Oscar Goodman arrived at the apartment and was allowed to observe the detectives search.

Detectives recovered all of the men's clothing items that Sandy Murphy purchased at Nieman Marcus, as well as a pair of shoes with work boot style soles. ( Later, Criminalist Edward Guenther determined the boots did not match the impressions left on Ted Binion's box spring.) Additionally, detectives recovered a money clip and cuff links with engravings that suggested that they once belonged to Ted Binion.

Additionally, detectives found a computer disk in the residence and set it aside to be impounded by criminalists. When criminalists, went to package the disk it was missing. Sandy Murphy, who was seated in a comer of the residence, acknowledged that she had secreted the disk claiming it was attorney-client privileged material. Detectives recovered the disk from Sandy Murphy. Also, detectives found two micro cassette tapes that Oscar Goodman claimed were attorney-client privileged material. These two items were impounded and sealed in a package without further examination.

Finally, in Tabish's briefcase, detectives found a map depicting Ted Binion's ranch in Pahrump, Nevada. Affiant found this map to be significant in light of Sandy Murphy's claim that she knew where Ted Binion hid assets on the Pahrump ranch. Also, in light of the map, it may well have been Rick Tabish and Sandy Murphy seen on the Pahrump ranch by Harry Ford after Ted Binion's death.

On the same date, Sergeant Ken Hefner executed search wan-ants at Mary Jo Tabish's home and the MRT Transportation office located in Missoula, Montana. Sergeant Hefner obtained numerous business records from both locations.

Additionally, affiant recovered a check made payable to David Lee Mattsen for $436.49 dated November 5, 1998 on the account of MRT. In fact, a February, 1999 MRT weekly payroll schedule included Mattsen's salary payment for $436.5 1. In addition to Thressa Mattsen's testimony that her husband, David Mattsen, never did any work for the paycheck affiant has not discovered any evidence whatsoever to conclude Mattsen ever actually performed any duties for MRT.

On March 9. 1999, affiant executed a search warrant at David Mattsen's residence located at 1520 Appaloosa, Lane in Pahrump, Nevada. Mattsen was present during the search and expressed his displeasure about the search warrant. Affiant had reviewed NCIC records and was aware that Mattsen had been convicted of Armed Robbery and Sexual Intercourse with a Minor in 1972 in Milwaukee, Wisconsin.

During the search of Mattsen's home, affiant located seven (7) firearms including a Colt AR-15 rifle. One of the firearms was a Smith and Wesson .38 revolver that was registered to Ted Binion's attorney James Brown. Brown told Dillard that Brown had given the gun to Ted Binion as a gift. These weapons were seized as potential evidence because of Mattsen's status as a convicted felon.

Also, affiant found several newspaper articles concerning Mattsen's arrest in Nye County for the attempted theft of Binion's silver and Mattsen's refusal to testify under oath before the probate court hearing the Ted Binion case.

Affiant has reviewed the Mattsen's financial records for 1997 through 1998. In 1997, Mattsens’ income averaged roughly $350 every two weeks. In 1998, the couple's income increased to approximately $500 every two weeks. Starting in November 1998, Mattsen started receiving paychecks in the amount of $436 per week from MRT Transportation. A W-2 Form from MRT Transportation of NV for 1998 listing $4000 in wages was found in Mattsen's personal papers.

Among the other papers, detectives found a notice from MRT Transportation of Nevada, INC., dated February 12, 1999, advising employees that their employment was terminated because creditors had filed an involuntary bankruptcy petition against the company. Additionally, affiant discovered a bill listing a child support debt of Dave Mattsen for $15,000 dated 10/98.

Affiant also seized and reviewed Thressa Mattsen's daily diary for 1998. Thressa, Mattsen wrote on August 24, 1998, "Tomorrow David meets Rick to see about a job with him." On the next day, Mrs. Mattsen wrote, "David came home excited about working for Rick." On following days, Mrs. Mattsen recorded that David Mattsen spent time at MRT during the day.

On September 6, 1998, Mrs. Mattsen wrote, "Lord all the reports about Ted are bad. David heard a tape where he [Ted] talks about killing him [David]. Help Ted. He's sick." Two days later, on September 8, 1998, Mrs. Mattsen observed, "David picked up his [David's] truck from Rick, it’s real nice." According to Thressa Mattsen's Grand Jury testimony, Rick is Rick Tabish and Ted refers to decedent Ted Binion.

On the day before Ted Binion's murder, Mrs. Mattsen wrote, "Got up at 7:30, David left a note not to make him breakfast. He was gone until 11 o'clock." "David talked to Rick, fed the animals, got dressed up and left for Vegas. Everything with him and Rick is hush, hush and secret. I don't know Lord. Reveal to me what he's up to and if it's not right sever that relationship with Rick. Ted's acting crazy and release him from the drugs." On the following day, Thressa Mattsen wrote, "Ted died today."

After Dave Mattsen's arrest occurring September 19, 1998, and subsequent release on bail, on October 3, 1998, Mrs. Mattsen reflected in her diary, "Lord if Rick and Sandy are on the up and up please let me know cuz I feel they're using David." On the next day, the entry reads, "Now Sandy's telling him she's bringing some money. Lord if that money is not from you, please keep it away." Thereafter, on October 4, the entry states, "David went at 8:30 to meet Sandy at Smith's. I'm really concerned about them."

Mrs. Mattsen's financial records reflect that Mattsen received his final paycheck from the Ted Binion ranch on October 9,1998. Her entry for October 21, 1998 indicates that David Mattsen filed for unemployment. On November, 8, 1998, Mrs. Mattsen wrote "Thank you for David's job with Rick." Eight days later, Mrs. Mattsen observed in her diary, "I seen Sandy she's all dressed up , changed her hair and all. I didn't feel good talking to her. I felt real strong that she had something to do with Ted's death. It hurts me to think that someone hurt him."

Despite receiving weekly paychecks from MRT, Mattsen did not work for the company. Mrs. Mattsen noted, on November 19, 1998, "Lord he is so lazy. He just sets on the couch all day watching TV." This entry referred to her husband, Dave Mattsen.

On December 18, 1998 the diary reflects, "David did not pass his test for truck driving."

In an effort to obtain a statement from Linda Carroll, on January 28, 1999, prosecutors obtained a court order requesting that a California court order Carroll to appear before the Clark County Grand Jury. However, law enforcement officers in California were unable to locate Carroll to serve her with the court process.

Linda Carroll's attorney, Chet Bennett, spoke with prosecutors and made arrangements to accompany Carroll to Las Vegas to provide a statement to authorities on two separate occasions. Bennett and Carroll canceled both appointments.

Thereafter, on February 18 1999, a material witness warrant was issued for Carroll's arrest. Bennett was informed of the outstanding wan-ant. Despite significant effort expended by law enforcement to locate Carroll, Carroll remained a fugitive.

Mike Fisher, one of Carroll's neighbors, told private investigator Jack Holder that Fisher had spoken to Carroll about Ted Binion's death. Carroll told Fisher that Binion had been murdered, "murder, straight away." Also, Fisher explained that Carroll ". . . told me straight out that if she testified against whoever, these people would kill her. If the cops got hold of her and they put her under protective custody, these people would kill her. That's exactly what she said. Over and over and over. That's what she was worried about."

Affiant learned that Linda Car-roll and her attorney, Chet Bennett, stayed at the Frontier Hotel just prior to Carroll's appearance before the Grand Jury. Affiant reviewed hotel billing records and learned that Linda Carroll placed a telephone call to Sandy Murphy and/or Rick Tabish on April 15, 1999. On the following day, April 16, 1999, Chet Bennett placed a call to Sandy Murphy and/or Rick Tabish.

On April 17, 1999, Tom Dillard observed Linda Carroll arrive in a limousine for her Grand Jury appearance. Linda Carroll was accompanied by her attorney and an entourage. Also, at the same time, Harry Claiborne, Esq., and Charles Kelly, Esq. observed Sandy Murphy and Rick Tabish in a black Mercedes driving around in the immediate area of the Grand Jury hearing room.

Linda Carroll appeared before the Clark County Grand Jury and answered questions for over four hours. Carroll acknowledged that she had spent time with Tabish and Murphy at their Green Valley apartment two weeks earlier. Carroll's Grand Jury testimony was riddled with denials and allegations of memory loss. Nevertheless, affiant offers Carroll's prior inconsistent statements for consideration. California v. Green, 399 U.S. 1492 90 S.Ct. 1930 (1970); LaPierre v. State, 108 Nev. 528, 836 P.2d 56 (1992).

On April 20, 1999, Tom Dillard was speaking to Fred Schmidt and Michael Wells at the offices o f RTI when John Joseph called to speak to Schmidt. Tom Dillard took the telephone and asked to meet with Joseph to conduct an interview. Joseph told Dillard that Joseph would call Dillard back to arrange a meeting. Joseph never called Dillard as promised.

On the following day, April 21, 1999, Rick Tabish left a message on Michael Wells telephone voice mail. According to Wells, Tabish sounded very angry and he was agitated." Tabish barked that Wells was not authorized to provide Tom Dillard or the District Attorney's office any documents. Tabish warned that if Wells disregarded Tabish's orders, Tabish would ". . . take care of Wells and those around him."

Moments later, Rick Tabish called Michael Wells cellular telephone and left an identical message. Tabish underscored that Wells was not to cooperate in the investigation. Tabish threatened to retaliate against Wells and his loved ones.

Based upon the foregoing, affiant requests that arrest warrants issue for the above referenced defendants.

I declare under penalty of perjury that the foregoing is true and correct. Executed this 21 day of June, 1999.

________________
JAMES BUCZEK

Witness: