OKLAHOMA CITY -
The highly publicized
arrest of a professional gambler concerns even the smallest risk takers in the
metro. Many viewers have questioned if they stand to get in trouble for playing
poker. And at least one federal judge tells News 9 he does not think it should
be illegal.
The attorneys for Teddy
Mitchell and his sons, recently named in a federal gambling indictment, all
agree with the ruling from a federal judge in New York who determined poker is
not gambling, but instead a game of skill.
"We've never disputed that
Teddy had poker games at the house, but we dispute the fact that it's illegal,"
said Mitchell's attorney, Scott Adams.
9/25/12
Related Story: Teddy Mitchell Released From Jail On Unsecured Bond
Adams is, as the old
saying goes, laying all of his cards on the table.
"I would tell everyone, you
ought to be scared to death to see our government go after someone who had a
poker game at our house. Because we all have done that," Adams said.
Mitchell, his two sons
Dryden and Nick, and five other defendants are accused in a federal indictment
of hosting poker games at Mitchell's home in northwest Oklahoma City and
illegally taking sports bets online.
"If they can do this to
teddy, then the next time we have an office pool or have a poker game up here
we could all be arrested and indicted and in prison and it's wrong."
9/24/2012 Related Story:
Federal Indictment Names Teddy Mitchell, 9 Others In Gambling Ring
Adams and defense attorney
Billy Bock hope to convince a jury of that by referring to another case. In August a federal judge in New York ruled that poker is more a game of
skill than chance and cannot be prosecuted under a federal law. That law was created
to stop organized crime families from making millions of dollars from gambling.
"If our courts will do
what New York did then we will be able to prove that what they were doing is
playing a game of poker with friends."
But if Oklahoma courts do
not follow New York's lead then Mitchell's attorneys warn that even the
smallest poker player could run the same risk.
9/24/2012 Related Story: 6
Defendants Released Following Arraignment On Federal Gambling Charges
"I would think if it's a
violation of the law, it's a violation of the law. And I would watch out what you are doing."
This federal case does not
apply to the offshore betting accusations, but the attorneys say they hope to
only defend that portion of the indictment by the time the case goes to trial.
All nine defendants in the
federal indictment are out of custody on certain conditions. A trial date is
expected to be set November 13.
In August a federal judge in New York ruled that poker is more a game of skill than chance and cannot be prosecuted under a federal law.
