In 2006, Bob Chimento’s home game in South Carolina, which at the time hosted 20 players, was broken up by police. Three years later, his fate will be determined by Judge Larry Duffy on Thursday, when a decision is expected. Others charged were Jeremy Brestel, Scott Richards, Michael Williamson, and John Taylor Willis. The case is the latest in a string of poker legal proceedings at the state level.
Featured in the case was World Poker Tour (WPT) Host and Poker News Daily Columnist Mike Sexton. The Charleston Post and Courier newspaper reported that the Poker Players Alliance (PPA) fronted Sexton’s appearance fee of $5,000. Also testifying on behalf of Chimento was Professor Robert Hannum, Professor of Statistics at the University of Denver, who was previously involved in a positive court decision for poker in Colorado.
According to the Associated Press, which cited Attorney General Henry McMaster, South Carolina State Law has traditionally held that games of chance are considered to be illegal, while games of skill are not. During the trial, which was held on Friday, Judge Duffy admitted he believed that Texas Hold’em was a game of skill. PPA Executive Director John Pappas is looking forward to Thursday’s ruling: “We went in very confident in our arguments about poker as a game of skill. The PPA and the defendants were elated to hear the Judge say that he also believes poker is a game of skill.” The organization now awaits word on whether his belief will carry over into a positive verdict.
In an initial report given by the Associated Press, marijuana and “several thousands of dollars in cash” were on the line in Chimento’s home game. According to the Post and Courier, the men were also taking a $2 rake from each pot, although the defendants’ side claimed that this amount was exaggerated and, in actuality, was “no more than about 50 cents a game.” On the allegations of drug use at the house, Pappas stated that the issue did not come up in court on Friday. He told Poker News Daily, “I don’t think it’s going to affect the judge’s decision. There was no evidence presented in the trial that suggested there was marijuana.”
Sexton has been the host of WPT programming since the tournament series debuted in 2003 on The Travel Channel. Its events have since moved to GSN and Fox Sports Net, which hold the rights to air Season VI and Season VII, respectively. Sexton is also a World Series of Poker (WSOP) bracelet holder, having won a $1,500 Limit Seven Card Stud High-Low tournament 20 years ago for $104,000. He also finished fourth in the $10,000 buy-in WSOP World Championship of Pot Limit Hold’em in 2008 for $248,000, a tournament that was ultimately won by Nenad Medic.
On Sexton’s appearance and testimony, Pappas recalled, “There’s certainly no better poker ambassador. He’s analyzed thousands of hands during his time on the WPT, so we thought he’d not only be a very convincing witness, but also credible.”
The PPA has used its Litigation Network in order to find cases that could result in poker being deemed a game of skill in court. Professor Hannum testified at the recent Colorado hearing involving Kevin Raley, who was found not guilty of illegal gambling. Raley, a PPA member, organized a poker league and did not take a rake or receive monetary compensation from the league itself. The PPA paid Hannum to appear.
A ruling in Pennsylvania also conducive to poker as a game of skill has been appealed to the State Superior Court. Walter Watkins and Diane Dent found themselves in hot water when a Pennsylvania State Trooper infiltrated their $1/$2 No Limit Hold’em home game. Players were encouraged to tip Dent after winning pots, which resulted in 20 counts against each of them, including participating in “unlawful gambling.” At the end of the day, Judge Thomas James ruled in favor of the two defendants.
The PPA filed a 22 page amicus brief in the South Carolina case. In it, the Washington, D.C.-based organization noted, “The essence of poker is correct decision making. Each time it is your turn to act, you must choose among several decisions, typically whether to bet, raise, or fold. During the course of a single session, you will have to make hundreds of those decisions… Players who consistently make good decisions win. Those who do not, lose.” The PPA quoted Sexton’s employer, the WPT, whose website claims that just 15% of its hands go to showdown, further exemplifying the role of skill in poker.
Stay tuned to Poker News Daily for the verdict in the South Carolina poker case.
I really hope this turns out positively, any other outcome would be ridiculous imo.