District Court Judge James Hartmann recently ruled that the testimony of University of Denver Statistics Professor Robert Hannum proving that poker is a game of skill should not have been allowed in a case involving Kevin Raley in Colorado.
Despite the ruling, charges will not be re-filed against Raley, according to Poker Players Alliance (PPA) Colorado State Director Gary Reed, who told Poker News Daily, “We went to trial, won, and the State appealed. All they appealed was allowing the testimony of Hannum. Now, we’ve gone to the Appellate Court saying that we want to appeal Judge Hartmann’s ruling. Having been acquitted at trial, Raley can’t be retried and charges won’t be re-filed.” The timeline for an appeal has not been announced.
In January, a jury found Raley not guilty of illegal gambling for operating a poker league in a bar. According to a PPA statement released earlier this year, illegal gambling in Colorado is defined as follows: “Risking any money, credit, deposit, or other thing of value for gain contingent in whole or in part upon lot, chance, the operation of a gambling device, or the happening or outcome of an event, including a sporting event, over which the person taking a risk has no control, but does not include bona fide contests of skill.”
The PPA dispatched Hannum to testify on Raley’s behalf that poker is a game of skill and therefore not subject to Colorado gambling statutes. Hannum presented the results of a December study by Cigital and PokerStars that examined 103 million cash game hands on the world’s largest online poker site. In the end, three-quarters did not go to showdown. Instead, the process of betting and bluffing won pots prior to the cards being turned over. In the remaining 24.3% of hands, the player with the best five card hand won just 50.3% of the time. In the other 49.7% of pots, the player with the best five card hand folded prior to showdown.
An article that appeared in the Greeley Tribune explained the fallout from the appeal of Hannum’s testimony: “Anyone else charged with gambling for hosting or playing in a poker tournament will not be able to use Raley’s argument.” The news outlet summarized Judge Hartmann’s ruling: “The fact that the participants were playing for money — and the fact poker was partly a game of chance — meant the participants were gambling.”
Reed, however, told Poker News Daily that additional pressures contributed to Judge Hartmann’s ruling: “Politically and economically, the big casinos here in Colorado do not want to see open poker. They’ve been putting pressure on the government to shut down poker games outside of their locations. You have politicians’ pressure brought to bear and I think that’s why the judge ruled the way he did.”
In January, the PPA boasted 13,000 members in Colorado, including Raley. Before the case can be reviewed, Reed explained that the Colorado Supreme Court must first give the Appellate Court permission to do so. On a timeline, he explained, “Courts run on their own clocks and it depends on their case load.”
Reed explained the benefits of legalized poker in Colorado: “The more people we introduce into the game, the more people will sit down at a licensed poker room. While they’re doing that, they’ll feel more comfortable. Most poker room managers agree.” He explained that the conflict stems from the casino ownership, which is leery of any un-raked form of poker that could potentially lure customers away. Reed cautioned, “You don’t grow your base by denying the game to people, who will then be less comfortable when they come to casinos.”
The PPA filed an amicus brief on behalf of Raley when it learned that the State would dispute Hannum’s testimony. The brief quotes a bevy of poker literature, including books by Doyle Brunson (“Super System”), Gus Hansen (“Every Hand Revealed”), Dan Harrington (“Harrington on Hold’em”), David Sklansky (“The Theory of Poker” and “Tournament Poker for Advanced Players”), and Blair Rodman and Lee Nelson (“Kill Phil”).
We’ll keep you posted on the latest from the Colorado poker case on Poker News Daily.
