Arkansas judge says machines are illegal

Thursday, March 23, 2000 | 10:50 a.m.

Police seized 18 of the machines in an Oct. 22 raid by Fort Smith police. Michael Eakin was the only machine owner to dispute the seizure.

"These machines are for amusement only, something to pass the time," Eakin testified. He also claimed that "it is possible" that skill plays a part in winning.

Judge James R. Marschewski ruled that the three machines are illegal.

Marschewski said the three machines owned by Eakin Amusement should be destroyed and said money seized from the machines should become property of the state, contingent on whether Eakin decides to appeal the ruling.

"The game is controlled by chance," Marschewski said after more than six hours of testimony Monday. "You are not exercising any judgment or skill in these games."

Deputy Prosecuting Attorney John Riedel said he intends to ask that all 18 machines seized by police be destroyed. He also said that more than $6,000 taken from the machines should be turned over to the state.

"A deliberate attempt was made to make these games appear similar to slot machines," prosecution witness Robert Sertell of New Jersey told Marschewski. "These are designed to sound like a slot machines. ... These machines are designed to produce profits like a slot machine."

He said the chances of using the "stop button" successfully to line up three icons on the video screen are one in 17,000. The chances of lining up all nine icons would be more than one in 5 trillion, he said.

Eakin's attorney, Stephen Sharum of Fort Smith, said the machines were similar to the video games found at Chuck E Cheese children's restaurants. Like those machines, he said, the video poker machines are for amusement.

Police around the state conducted several raids during that time and confiscated scores of the machines.