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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. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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