The recent state’s raid of $20 Texas Holdem Poker tournament ended with a defeat for prosecutors during trial. In fact, this could lead to a complete, or at least partial rewrite of major Colorado’s gambling laws. This particular incident can ultimately be used by local lawyers to challenge the Colorado’s Supreme Court 20-year ruling that these authorities cite in determining the legalities of gambling card games in general and poker in particular outside of the list of approved gambling jurisdictions. The same battle also takes place in many other states.

This battle and all the consequent cases stem from another case that occurred last summer. It was a fourteen-day undercover sting, which involved five keen poker players, known as the All-in Bombers and their illegal twice-weekly tournament, which took place at Rafferty’s. On August 12, 2008, ten law enforcement officials and one FBI agent stormed the All-in Bombers’ tournament that featured a total pot of more than $600 and involved 30 players. One of the All-in Bombers, Jim Vaughn stated that he was playing poker with that FBI agent several times before the assault. “You’ve got to be kidding me�?, Said Jim, “I’ve played poker with you before!�?

Regardless of Jim’s statement, all the Bombers and the rest of poker tournament players were handcuffed and transported into the jail for illegal gambling. All they had to do is to plead their guilty and pay a $100 fine, but all the Bombers and some other tournament players decided to spend thousands of dollars for lawyers to fight these charges. Kevin Raley’s attorney built his defense on the statement that poker is not a gambling game. He said that poker is a game of skill, just like football or chess, and thus it has nothing to deal with games of chance, like slot machines or dice.

The major victory of this trial is that although Kevin Raley cannot be retried, the state officials have filed an appeal with the Colorado district court, claiming that Raley’s attorney should not have been allowed to build his defense on the expert testimony about possible skill aspects of poker. Blake Sartini, chief executive of Golden Gaming said that this case can have terrible ramifications for the state, if the Bombers would hold that up. The fact is that the Bombers case can possibly put a significant wrench in future gambling prosecutions.

In case if the district court would find that the trial court was basically correct, then they will have another opinion regarding the key aspects of deciding whether or not to punish the players for illegal gambling.

Also recommended:

1. Online Texas Holdem Poker: Legal or Not?
2. Charity Poker Tournament Attracts Pros
3. S.C. judge rules Holdem is a game of skill