In closing arguments of a racketeering and gambling trial, Jacksonville attorney Kelly Mathis was portrayed as both a crafty consigliere who created a criminal empire and as a lawyer just doing his job who had been unfairly targeted by prosecutors.
Mathis faces 104 counts spread among four offenses: 51 counts each of setting up or conducting a lottery and possession of an illegal slot machine, and one count each of racketeering and conspiracy.
He was among 57 people arrested in March in the Allied Veterans of the World investigation, which authorities said was an illegal gambling operation under the guise of a business that helped veterans' charities.
Prosecutor Lisa Acharekar reminded jurors of 11 witnesses who said they went to Allied Veterans' Internet cafes to gamble, though the defense contends the facilities met the requirements of state law for operating an electronic sweepstakes.
Acharekar recounted the testimony of Jeanettte Hinkson, 78, who spent tens of thousands of dollars in a Kissimmee Internet cafe, which she called a "little casino."
The prosecutor reminded the jury of Hinkson's testimony about the cafe during the trial's first week: "If it looks like a duck, it's a duck."
The cafes offered free food and snacks, like a casino, and prohibited anyone under 18 from entering, like a casino.
Richard Lees said he went every day to feed his addiction to gambling, the prosecutor said.
To meet the requirements of a sweepstakes, customers bought Internet time and were given free electronic cards that they swiped into a computer to reveal whether they had won. The outcome was predetermined and the computer, which was programmed to work like a slot machine, told the customer whether their card was a winner.
Each Allied Veterans customer signed a statement acknowledging that they weren't gambling but most told jurors they didn't read the statement.
"They weren't there for any computer time," Acharekar said. "They were there to gamble."
Dozens of Allied Veterans cafes took in $300 million and paid $6 million to charities related to veterans.
"It was purely created as a front for a gambling enterprise," Acharekar said. "This is classic racketeering."
The defense said Allied Veterans carefully followed the state law governing electronic sweepstakes.
Stone said Florida law had allowed the group to operate the cafes since 2007 undisturbed by law enforcement.
He reminded jurors of testimony given by several law enforcement personnel and local officials who examined the Allied Veterans operations and found them to comply with state law.
Stone also pointed out that those who hired Mathis have escaped prosecution or were allowed to plead "no contest" to charges that allowed them to avoid jail.
He was referring to Allied Veterans commander Jerry Bass and former commander Johnny Duncan, both of whom reached deals with prosecutors. Both were listed as witnesses for the prosecution, but were not called to testify.
"If a conviction occurs here, (Mathis) will be the only one," defense attorney Lee Lockett said. "We know it's not gambling because we proved it."
Lockett reminded the jury that several customers testified that they understood the cafes did not host gambling, but the customers still hoped to win money through the sweepstakes.
Stone said that when arrests were made at the Allied Veterans cafes, about 1,450 other similar cafes operated in the state. Of eight Internet cafes operating in Seminole County, only the two owned by Allied Veterans were targeted. The state Legislature has since tightened up the law to eliminate similar operations.
"Is it really about gambling?" Stone asked. "No, they (Allied Veterans) were visible."
The prosecution wants "this man's head," he said.
Stone said prosecutors did not analyze the Allied Veterans software, which would have revealed that the operation was a sweepstakes that met the requirements of state law.
"This is about the law not catching up with technology," Stone said.
Prosecutors will present rebuttal this morning and the jury will receive final instructions before deliberations begin.