Sunday, January 21, 2007

One of the three officers in court this week for having allegedly gambled at
the Chickasha Elks Lodge has been allowed to go free. While Special District
Judge Ken Harris found that there was probable cause that illegal gambling
had occurred at the Elk's Lodge between August of 2005 and September of
2006, Harris did not have sufficient evidence to say that Deputy Delmer
Barthelme committed that crime. The only evidence presented by the
prosecution against Barthelme was video showing him exiting the gambling
room and self-incriminating statements made by Barthelme during interviews.
Those statements were stricken after a ruling on Title 21, Chapter 38,
Section 961 of the Oklahoma State Statutes. Judge Harris informed the
attorneys it was the testimony of Megan Edwards which proved detrimental to
the other two defendants. Edwards, who served as a bartender at the Elks
during the duration of the investigation, testified Friday to having cashed
out defendants Jim Peek and Greg Parks for winning on the machines. Both men
were bound over for trial on the gambling charges. Defendant Jim Peek and
his attorney were absent at the start of the hearing on Thursday, when only
one witness was presented. District Attorney Bret Burns agreed to not hold
any evidence from the testimony of investigator Dusty Dowdle against Peek,
in exchange for combining him with the other two defendants for the duration
of the hearing.
Also testifying Friday in the hearing was ABLE agent Greg Bynum. Bynum
testified the machines in and of themselves were not illegal. It was the
manner in which the games were used by the lodge which made them illegal.
Bynum testified an individual played the games by placing money into the
machine. When they were finished, an attendant was called to cash the
individual out based on the number of points on the machine. The attendant
then cleared the points, either by pressing a switch or making a connection
between two wires to short the system. Since players played with the
anticipation of a possible payout, Bynum declared the use of the machines as
illegal.

On cross-examination, Bynum agreed that an individual who played the
machines without knowing that the Elks would payout winners, and who left
without cashing out, would not have broken the law.

Former DA investigator Carey Rouse testified in the morning to both the
events at the 1995 raid on the Elks Lodge, as well as the 2006 raid.

Rouse said that the machines in 1995 had been confiscated from the Elks
along with cash money following an IRS investigation into gambling and tax
evasion.

Rouse could not state that knew of any warning to the Elks in 1995 that
their machines were illegal, but stated he thought having your machines
confiscated and not returned should suffice as a warning.

Also taking the stand Friday was Hollis Myers, former bar manager for the
Elks. Myers testified that up until 2003 he was responsible for payouts on
the gambling machines and that the money gained from the machines was
accounted for under entertainment, the same fund used for the jukebox, pool
tables, and some dance events.

Myers testified that the machines, which had been in the club since 1968,
were taken in a 1995 raid. He added the lodge replaced the machines in 1997.

Myers said he did not know the machines to be illegal, but said there always
was a doubt in his mind.

According to Myers, all of the law enforcement officers accused in the
scandal were becoming members just as he was leaving the lodge in 2003.

He did not identify any of the three defendants in Friday's case as having
played the machines while he was bar manager.

The preliminary hearing was not without a side show of interest. District
Attorney Burns and defense attorney Steve Buzin had to be physically
separated following one recess by the court.

Tension began prior to the recess, when Buzin claimed he did not receive a
copy of the interview by Megan Edwards. Burns countered that the interview
was on the hard drive provided by his office. Burns said Buzin's office
received the device but had not paid for it.

Buzin claimed to the court that Burns had attempted to make a buck off of
the hearing by overcharging defense council.