Legal try for funds restarts

"She’s got to support herself," Murphy’s attorney, Herb Sachs, said outside District Judge Elizabeth Halverson’s courtroom.

Murphy and her one-time lover, Rick Tabish, were charged in 1999 with drugging and killing Binion in what authorities said was a plot to steal his $7 million silver stash and prevent him from cutting Murphy out of his will.

The two were convicted of murder and other charges in 2000 and sentenced to life in prison. But the convictions were overturned by the state Supreme Court and the two were acquitted by a second jury in 2004 of the murder charge. They were found guilty of grand larceny, conspiracy and burglary charges in the theft of Binion’s silver.

Sachs said an appeal is before the state high court on those charges. He said he has plans to file a motion this month asking for a new trial on the theft charges based on newly discovered evidence, which he said he will detail in the motion.

Murphy does not face any additional time in prison because of the 4 1/2 years she has already spent incarcerated.

In the meantime, she and Sachs were before Halverson advocating for more time to litigate the probate case.

Halverson delayed a decision, asking both sides to file briefs with the court.

In October 1998, the probate case was filed. Murphy maintained Binion meant to leave her $300,000, his home at 2408 Palomino Lane worth more than $700,000, and its contents.

In 1999, prior to the first trial, Murphy filed a palimony case, seeking funds for the time and care she gave Binion during their relationship. Several months later, Bonnie Binion, Binion’s sister, countered and filed a wrongful death suit.

Both Binion’s estate and Murphy agreed to drop the palimony and wrongful death suits Tuesday because Nevada Rules of Civil Procedure require cases not brought to trial within five years to be dismissed.

But Sachs argued the probate case should not be dismissed because Murphy was unable to proceed with her claims to the estate during the criminal proceedings. Nevada law prevents someone convicted of murder from inheriting the possessions of their victim.

"It’s a legal impediment to being able to pursue your case," Halverson said of the law.

The five-year countdown should begin in November 2004 when Murphy was acquitted, Sachs said.

Tami Cowden, representing the Binion estate, said all three civil cases should be dismissed at the same time and that the same five-year deadline applies to the probate case.

The civil cases were put on hold during the criminal proceedings as a result of a verbal agreement between the Binion estate and Murphy’s attorneys. But that agreement never waived the five-year rule.

One of Binion’s attorneys, James Brown, has said Binion called the day before his death and told him to take Murphy out of the will.

After a sale of the home and its items, the money was placed in a trust, where it has accrued interest.

Murphy, now 35, said after the hearing she has been "just working."

Living in Laguna Beach, Calif., Murphy said, she works as a fine arts dealer and also owns a mortgage company with her family in Downey, Calif., called Right Way Funding.

Her benefactor, William Fuller, who has funded her legal expenses, was also at Tuesday’s hearing.