Colorado Verdict a Huge Victory for PokerPPA Supports Local Poker Players |
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It was the biggest poker night the Greeley, Colorado, bar had seen in quite some time. The owners even had to pull out a third table on Aug. 12 to satisfy the 30 or so players who had come to play in the $20 tournament. But then, out of nowhere, the bar was full of police officers.
“When the police came in, I knew exactly what was going to happen,” said Mary Paiz, one of the organizers of the game.
The police had come to break up the game, and when the dust cleared, five people were arrested — Paiz, Kevin Raley, Jim Vaughn, Tim Ouellette, and Braden Waddle.
These five small-stakes poker players never planned on becoming martyrs for the game they loved. In fact, they had gone out of their way to create a poker game that was legal and legitimate. They researched Colorado law and even created bylaws for their twice-a-week game.
“That’s the irony of this,” said Vaughn. “We were doing everything we could to do it legally.”
In Colorado, illegal gambling precludes any “bona fide contests of skill.” The players were confident that they could prove that Texas hold’em fit into that exemption.
Although they were determined that they had done nothing wrong, the five players weren’t exactly thrilled at the concept of facing a lengthy and expensive legal battle.
“If the police hadn’t made as big a deal of it as they did, we probably would’ve taken a deal,” said Ouellette.
Although the five players were originally charged with professional gambling charges, those charges were soon downgraded. Still, if the players had taken a plea and then were caught again participating in a poker tournament that was deemed illegal, the consequences could be dire.
“They could’ve potentially brought us up on felony charges,” said Ouellette, who admitted he was concerned an online poker tournament or even a charity tournament that didn’t fill out its paperwork accurately could qualify as a second offense. “None of us wanted this on our records.”
So, the Greeley Five begrudgingly proceeded toward their trial date.
Before they ever reached trial, the prosecution reduced the charges to a petty offense with a maximum fine of $100, according to Raley. But by that time, the group was invested in the case and determined to see it out.
The Poker Players Alliance had come in to support the players, even paying for an expert witness in the case, Dr. Robert Hannum, a statistics professor from the University of Colorado.
The five defendants had to file their cases individually, so it was a crapshoot as to who would actually go first in court. The luck of the draw selected Raley as the first defendant to face trial. After a two-day trial, he was found not guilty on Jan. 22.
“It Is further confirmation that poker is indeed a game of skill, not chance,” commented Gary Reed, the Colorado state director of the PPA. “At the same time, the not-guilty verdict cements the rights of Colorado citizens to enjoy the American pastime of poker and will allow law enforcement to use its scarce resources to investigate real unlawful activity in the state, not poker games.”
After the verdict, the four remaining cases were dropped without prejudice. The term “without prejudice” means that the district attorney could re-file the cases if he sees fit, and in fact he has appealed the judge’s decision to allow Hannum’s expert testimony, which presented evidence that poker is a game of skill. Regardless of the outcome of the appeal, Raley’s not-guilty verdict cannot be overturned, and the other four players are confident that they won’t have to face their day in court.
“It’s good to have this whole thing over with,” said Waddle. “I’m hopeful that this is going to bring about change.”
Colorado is just one of a growing number of states that have seen recent poker-related trials. A Pennsylvania judge also ruled that poker should be considered a game of skill in January, and as of press time, a case is taking place in South Carolina where the skill vs. chance debate is at the forefront of the trial.
Vaughn said he is currently in discussions with the owners of Rafferty’s to bring back the now-infamous poker tournament league.
“We’ll get together, have some beers, eat some wings, and play a little poker,” said Raley. “There are no victims here.”
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