NORTH STRABANE TOWNSHIP, Pa. -- Clever, but crime-free, is a sneak preview of the defense strategy for an alleged plot that racked up more than $400,000 in slot machine payouts at the
Meadows Racetrack and Casino.
Two of the suspects -- alleged mastermind Andre Nestor and ex-Swissvale police officer Kerry Laverde -- pleaded not guilty before District Judge Jay Weller on Thursday and waived their preliminary hearings, agreeing to stand trial at a later date.
But Laverde's defense attorney, Pat Thomassey, said that even if
the alleged details of the case turn out to be true, he doesn't think any laws were broken.
"I like the word 'clever,' yes, and that's the allegation -- that he's part of the people that were clever enough to outwit the machines," Thomassey said.
Laverde, 49, and Nestor, 37, both of Swissvale, and Patrick Loushil, 42, of Brookline, are accused of exploiting a software glitch in a slot machine during a summer of jackpots from late June through August.
Washington County District Attorney Steven Toprani said the suspects were able to convince a casino worker -- who apparently didn't realize what he was doing -- to enable a "soft" feature or option on the screen of the machine.
They "were able to basically make it pay out at their will" from that point forward, according to Toprani.
"There was money, certainly, that we allege made out to the three defendants who weren't entitled to it," Toprani said. "Sounds like good, old-fashioned theft to me."
State police say they have casino surveillance video that shows the alleged theft, but they aren't releasing it to the public yet.
"The question becomes, if someone takes advantage of a quote, 'glitch,' in with the machine, is that a crime?" Thomassey said.
Glenn Alterio, Nestor's lawyer, also denied that his client had done anything wrong.
"Mr. Thomassey is a very learned defense counsel. I will defer to his opinion. Yeah, I will take that position," Alterio said.
All three suspects are charged with felony counts of theft, receiving stolen property, criminal conspiracy and computer trespassing. Loushil is also charged with lying to police.
Loushil's preliminary hearing was postponed to Nov. 5.
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