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Ex-prosecutor's official charged in gambling ring

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A former chief investigator for a western Indiana prosecutor faces official misconduct and other charges stemming from allegations that he protected a gambling ring from arrest.

James J. Counterman, 71, of Terre Haute, faces three counts of inducing an individual to commit professional gambling and three counts of official misconduct. He appeared Wednesday for an initial hearing.

The charges stem from allegations Counterman told operators of illegal poker games in Terre Haute that for a "price" they would not be prosecuted for illegal gambling activities, the Tribune-Star reported.

Vigo County Prosecutor Terry Modisett fired Counterman as his chief investigator in December after learning of the gambling investigation.

Investigator Edward McHargue of the Indiana Gaming Commission said in a probable cause affidavit that the Counterman investigation began in October 2009 when someone reported his alleged actions to a commission agent at the riverboat casino in Evansville. That informant stated that he had previously operated an illegal poker game in Terre Haute and provided information about others who were operating illegal games at the time.

In February 2011, a confidential informant said Counterman "protected" gambling operators from prosecution. The case included occasions when conversations were recorded by investigators. In a June 2011 conversation, Counterman reportedly told the informant: "We got a list of everything that's going on in town. We know where every game is played. We've got license plate numbers of every person playing."

In another statement, Counterman said, "We are the ones who decide what, or if charges should be filed. So Billy wants to run a game, it's not legal. I told him he could. I don't care."

The probable cause affidavit also states Counterman sometimes accepted cash from people running gambling operations and checks as political contributions.

McHargue said "no evidence was developed that showed that the prosecutor (Modesitt) was aware of the representations that Counterman was making regarding Counterman's authority and/or ability to 'protect' individuals from criminal charges."

Vigo Superior Judge David Bolk said he would recuse himself from the case because of his past work with Counterman and that a special judge from another county likely would take over. Bolk scheduled a Sept. 9 hearing.

A message seeking comment was left for Counterman's attorney.

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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