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Defense Argues Juror Misconduct In Binion Case

12 August 2000

LAS VEGAS, NEVADA –Aug. 12, 2000 – As reported by The Associated Press: " Juror misconduct could win convicted murderers Sandy Murphy and Rick Tabish a new trial. But proving it is something else.

"Defense attorneys in the Ted Binion murder case tried to show Friday that jurors acted inappropriately during deliberations. But only one juror seemed to say that anything had gone awry.

"Juror Joan Sanders testified during the daylong hearing that other jurors relied heavily on a set of partial jury instructions instead of the official copy given to them.

"…The defense is trying to show that the jury erred in relying on the partial instructions.

"But other jurors testified Friday that the partial instructions were just a reference for the official instructions issued by the trial judge.

"…Sanders went to Murphy's attorney, John Momot, after the trial to express concerns she had during deliberations.

"…She said she voted to convict them of murder only after other jurors told her about "depraved indifference," a term not included in jury instructions.

"Sanders said it was explained to her that "depraved indifference" means if someone is present at the time of death and does nothing to prevent it, that is the same as murder.

"District Judge Joseph Bonaventure ruled Friday that the juror couldn't be asked about her current misgivings regarding the verdict…"

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