| On April Fools Day, 1984, two players in Las | | | | exactly what the prosecution said they had |
| Vegas were arrested at the Marina Casino for | | | | done. So, there was no argument about any of |
| using a concealed video camera to peek at the | | | | the prosecution's case. The only argument to |
| dealer's hole card. This device was yet | | | | be made was that the defendants never |
| another of Keith Taft's inventions. One | | | | committed the crime of cheating according to |
| player, Keith's brother Ted, wore the | | | | the Nevada cheating statutes. Why should |
| miniature camera in his belt buckle, while | | | | Curtas and Minagil argue with the gaming |
| the other player, Rodney Weatherford, a | | | | agents' descriptions of the equipment and its |
| Lockheed Engineer, sat in the casino parking | | | | usage? The defendants had the law on their |
| lot in the cab of a dump truck that had been | | | | side. Curtas had prepared a closing argument |
| fitted with a satellite receiving dish. | | | | in which he intended to acknowledge that the |
| Rodney's job was to watch the video images | | | | defendants had done exactly what the |
| picked up by the table-top-Ievel camera, in | | | | prosecution had said they had done. Then, he |
| order to electronically signal Ted at the | | | | intended to read to the jury all of the |
| table with the value of the dealer's hole | | | | Nevada cheating statutes, one at a time, and |
| card. | | | | simply point out that what the defendants in |
| | | | this case had done did not violate a single |
| Here's what happened on the court trial: For | | | | statute on the books. He was right. |
| a few days, the prosecution paraded before | | | | Technically, no crime had been committed. |
| the judge and jury all of the electronics, | | | | |
| the video tapes, and the communication | | | | However, before the closing arguments, the |
| devices. They even took everyone down to the | | | | attorneys had to meet with the judge in his |
| courthouse garage to examine the old truck | | | | chambers. When Curtas came back from the |
| with the satellite receiving dish in it. And | | | | judge's chambers, he was steaming mad. The |
| this was a 1984 satellite dish, nothing like | | | | district court judge, the Honorable Donald |
| your home model Direct-TV dish today. It was | | | | Mosley, had asked both sides to give him a |
| huge! It looked like a battleship radar | | | | briefing on their proposed closing arguments. |
| scanner! | | | | When Curtas described his closing argument to |
| | | | the judge, the judge told him that he would |
| Keith was undeniably brilliant. He was the | | | | not allow it. Curtas pled with the judge; he |
| classic mad scientist, inventing in his | | | | simply wanted to read the law to the jury. |
| basement laboratory high-tech devices the | | | | The jury, he argued, were not legal experts, |
| likes of which James Bond would be proud to | | | | and they did not know the wording of the |
| own. He just wanted to take as much money out | | | | Nevada laws against cheating. According to |
| of the casinos as he possibly could by any | | | | Curtas, the judge said, "I used to be a |
| legal means. Remember, there were no | | | | blackjack dealer, and I know what cheating |
| anti-device laws at that time, and the | | | | is. Your client was cheating." |
| Einbinderl Dalben decision that legitimized | | | | |
| front-loading as a legal strategy in Nevada | | | | So now, as the defense had forgone their |
| had already been rendered. Also, Keith's | | | | opportunity to present any witnesses, the |
| concealable "David" blackjack computers were | | | | case was closed. The only defense Curtas was |
| already legally selling in the stores. | | | | allowed to present in his closing argument |
| | | | was to inform the jury that the Nevada law |
| After the prosecution finished presenting the | | | | books would be available to them in the jury |
| state's case-and they had all kinds of | | | | room, and that they had the right to read the |
| gambling experts and gaming agents take the | | | | law for themselves. The players, needless to |
| stand to describe the way the whole thing | | | | say, were convicted of felony cheating. |
| worked the defence attorneys had decided not | | | | |
| to put either of the defendants on the stand. | | | | And the state of Nevada, needless to say, |
| They had decided to present no witnesses, but | | | | realized that it needed a law that would make |
| to simply present their closing arguments. | | | | the use of such devices illegal in casinos, |
| The attorneys, John Curtas and Stephen | | | | and it needed this law fast. These players |
| Minagil, were the same attorneys who had just | | | | had been railroaded to prison without a fair |
| successfully represented Einbinder and | | | | trial, and the state knew it. There was |
| Dalben. | | | | always a possibility that some jury in a |
| | | | similar case in the future would actually |
| John Curtas, Ted's attorney, explained his | | | | read the law and realize that a defendant |
| legal strategy. First of all, he did not see | | | | accused of using a device to aid him in |
| any reason to refute the evidence as | | | | making decisions at a gaming table violated |
| presented. In fact, the defendants had done | | | | none of the cheating statutes. |