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'Skill' Defense Fails To Convince Jury In Illegal Poker Case

Greensburg Lawyer Larry Burns Found Guilty Of Texas Hold 'Em Tournaments

POSTED: 5:09 pm EDT August 11, 2009
UPDATED: 4:18 pm EDT August 14, 2009

Investigators in Westmoreland County say Texas Hold 'Em tournaments in Adamsburg and Seward raised several thousand dollars for volunteer fire departments, but also put several thousand more into the pockets of Greensburg attorney Larry Burns.

Burns was convicted Thursday on misdemeanor charges of illegal gambling, despite his defense argument that poker is a game of skill and not chance.

"One witness is an expert from the University of Denver, a leading expert in this field. The other expert is from Shippensburg University, also an expert in gaming theory. They'll explain that the research has shown time and time again that skill principles will also be predominant in this game," defense attorney David Millstein said.

Investigators raided Burns' Derry Township home and brought the evidence -- a large poker tabletop, cases full of chips and hundreds of playing cards -- into the courtroom for jurors to see.

District Attorney John Peck -- who isn't seeking jail time for Burns -- said he believes the evidence helps prove Burns violated the state's gaming laws.

The tournaments have since been shut down, but Burns, 65, says he'll appeal the guilty verdict.

Burns acknowledged organizing the poker tournaments for profit but argued that the skill involved made it lawful.




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