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An outrageous prosecution


Michael J. "Mickey" Homsey October 10th, 2012  

You can’t have a better bag man than the U.S. government.

I wonder how much money the Indians pay the federal government for protection services. I don’t know the answer to that, but I do know that the prosecution of Teddy Mitchell is the biggest protection scheme of our time. And who better to protect the Indian casino monopoly, but the federal government?

Teddy Mitchell, his two sons and several others are charged in an 81-count indictment in federal court for the Western District of Oklahoma for operating an illegal gambling business from Mitchell’s home, conducting high-stakes poker games, and other associated gambling charges. Apparently, American Indian casinos didn’t like the competition.

Do you really think Mitchell is the only person in Oklahoma who hosts poker games or bets on sporting events? What’s the second-best thing about the Super Bowl, besides watching the commercials? It’s getting involved and betting in the office pool, making a friendly wager with your buddies or spouse, or — if you have the money — maybe giving it to people in Las Vegas.

How many of us have bet on college football games and the “March Madness” classic? The gambling laws in this state and nation are archaic, outdated and, as we see with Mitchell, used for protection by the governmental Mafia.

I’ve been involved in defending gambling cases before. As a matter of fact, I was involved not that long ago in a gambling case involving the Grady County sheriff. The same argument made then can now be made with Mitchell; this is selective prosecution, pure and simple. If the gambling laws were actually enforced in full, there would be very few of us not in jail right now.

Any time I see or defend a gambling case, I look for who can profit financially or politically, and that’s how I find the reason for the prosecution. It’s not about punishing crime, but about gain. That is why the prosecution of Mitchell goes against the very foundation of this country. It is using the legal system for financial and political gain, for the protection of the Indians and their casinos.

For Mitchell not to be able to talk to his sons is an absolute travesty. Magistrate Judge Shon T. Erwin says letting Mitchell out to home detention pending trial was a “close one.”

It’s not close at all. This case should be dismissed, and the U.S. Attorney sanctioned, and then fired, for improper use of office. Or shut down all the gambling in this state, including the horse races and Indian casinos.

While it’s unlikely that the courts will go against the government, hopefully common sense in this case will prevail, and the jury will decide on nullification and acquit Mitchell.

Finally, what about the true victim in this sad story: Teddy Mitchell’s wife? She was murdered, but it’s been reduced to a side story to the gambling prosecution. Does anybody else think this is backwards? Why not use taxpayer money to find the murderer instead of prosecuting a bookie?

None of this makes sense until you realize who the bag man is and what is being protected.


Homsey is an Oklahoma City attorney.

Opinions expressed on the commentary page, in letters to the editor and elsewhere in this newspaper are those of the author and do not necessarily reflect the opinions of ownership or management.


 
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11.26.2012 at 01:58 Reply

I agree that so many people do bet on games etc. and they are not prosecuted. However prosecuting this man is not as bad as prosecuting someone who did nothing wrong at all. David Prater's office is guilty of conspiracy & withholding exculpatory evidence in a criminal trial just so they could prosecute a woman that everybody knew was innocent and committed no crime at all. This also makes his office guilty of malicious prosecution but nobody cares. In fact the media won't even report it even though I am in possession of the documents that prove everything I say is true.

 

 
 
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