Las Vegas NowNew Twist in Binion Murder Case

New Twist in Binion Murder Case

(Apr. 30) -- Eyewitness News was the first to tell you about the new witness and suspect in the murder of casino boss Ted Binion. It's this evidence that defendants Sandy Murphy and Rick Tabish say will prove their innocence. Now there's more new information, a development Friday night concerning a mystery witness in the Ted Binion case.

As the I-Team reported Thursday night, a convicted felon named Avery Church has reportedly told federal agents that he knows plenty about Ted Binion's death because he was hired to carry out a hit on Binion, along with at least two other men. The new information shows the local FBI warned Metro Police about Avery Church's claims back in December, but -- there was no follow-up.

Avery Church is serving a life term in a Nevada prison for a long list of serious crimes, so his credibility might be considered shaky. But, he was considered to be of enough value to the FBI that, last fall, agents from California took him from prison and spent six weeks debriefing Church about a host of crimes, including the Ted Binion murder.

Motions filed Thursday in federal court by Sandy Murphy's defense team seek to find out just what Avery Church told the FBI about the Binion case. Sources close to the case say Church claims to have been hired by Nick Behnen, the husband of Ted Binion's sister, and that Behnen wanted Church and two other men to murder Ted Binion.

Murphy's lawyers said they were never told about Church's claims until they got the letter from a federal prosecutor in California, informing them that Church might be able to clear Sandy Murphy and Rick Tabish in the Ted Binion murder.

Here is the new twist. Another letter, written in December from the Las Vegas FBI's office to Metro Homicide. In the letter, the FBI informs Metro about Avery Church, saying that Church's credibility is very shaky, but that Metro might want to check him out anyway.

One claim made by Church is that the Binion family bribed both the judge and the D.A. in the first Binion murder trial, something the FBI considered to be totally without foundation. But he also told them that Binion was murdered on order from his own family. However, it appears the FBI letter never went beyond Metro Homicide. It was never forwarded to the D.A.'s office.

District Attorney Dave Roger said he didn't see it until Friday afternoon. The D.A. says it was probably just an oversight by police and that he considers Church's testimony to be a non-issue anyway.

D.A. Roger says that while Avery Church may be a mystery witness to some, Church is well known to prosecutors because it was the D.A.'s office that put him away in the first place.

Defense Attorney Michael Christalli says the fact that a second FBI office knew about Avery Church and his allegations, but the information still was never revealed to the defense, demonstrates why it was necessary to go to federal court to force the government to tell all that it knows.

Question: "Why wasn't the FBI letter forwarded to the D.A., since it's widely known the Binion case is ongoing?"

George Knapp's answer: "The FBI really is scathing in its comments about Avery Church. It could be that Metro Homicide gave it very little credence, and thus didn't waste time on it. We don't have an answer from them yet. It becomes significant now because of the defense motions seeking any and all information the government might have about Ted Binion's death. The implication being that the defense was purposely kept in the dark by a lot of people in law enforcement."

The next court date for the Binion case is Friday, May 7. Rick Tabish's attorneys are filing a motion to change his prison sentence. The trial date for Tabish and Murphy is set for October of this year.