Lawyer to avoid slot cheating charges

Wednesday, May 4, 2005 | 11:11 a.m.

A lawyer who previously worked for the Nevada Attorney General's Office, Clark County District Attorney's Office and Public Defender's Office is expected to have charges alleging he cheated slot machines dropped in exchange for testifying against his two co-defendants, his lawyer said.

Andres "Andy" Rappard's attorney, Greg Denue, said an agent of the enforcement division of the Nevada Gaming Control Board, Olin Pierce, told Denue he would recommend Rappard's arrest warrant be quashed and that prosecutors should dismiss his case.

Pierce declined to comment on the case, saying it was Gaming Control Board policy not to discuss ongoing cases. He deferred comment to the district attorney's office.

District Attorney David Roger said a final decision had not been made in the case.

"We have spoken with the Gaming Control Board about the Rappard matter, but the final decision on the case going forward rests in our office," Roger said.

In the meantime the prosecutor handling the Rappard case, David Stanton, said there is an active arrest warrant out for Rappard and there is nothing to indicate the warrant would be quashed or charges dismissed.

Rappard, Murphy Joseph Gregoire III and Bobby Ray Adams were all charged with one count each of burglary, commission of a fraudulent act in a gaming establishment, conspiracy to commit a fraudulent act in a gaming establishment and possession of a cheating device.

Rappard's charges stem from alleged cheating to win $325 from slot machines at Buffalo Bill's Hotel and Casino in Primm Valley with Adams and Gregoire on July 3.

Gregoire entered a plea agreement with prosecutors and pleaded guilty to one count of burglary. District Judge Donald Mosley sentenced him to probation.

Adams is currently deciding whether to accept the same negotiation, but for a different case.

If Adams pleads guilty to one count of burglary related to alleged cheating of slot machines at Sam's Town Hotel and Casino in May 2004 he will have the case stemming from Buffalo Bill's and another case involving alleged slot machine cheating at area Rite-Aids in November 2004 dismissed.

Rappard was never charged in relation to the Sam's Town or Rite-Aid incidents.

Adams' attorney, Keith Brower, said he couldn't believe Rappard's case was being dismissed saying Rappard "deserves the same if not more charges" than Adams and Gregoire.

Brower said making matters worse was that Rappard actually served as both Adams and Gregoire's lawyer and advised both men to turn themselves in to police.

"He told them (Adams and Gregoire) the best thing to do would be turn themselves in to the police and all the while Andy (Rappard) was negotiating the dismissal of his charges, negotiating a plan to save himself."

Brower said prosecutors have told him the reason Rappard is getting his charges dropped was because Rappard was the first of the three individuals originally charged to come forward and cooperate with the investigation.

"This is just like a mob boss ordering hits on people and then when they realize the police are looking at them as the culprit they show the police where the bodies are and tell the police who did it," Brower said. "The state dismissed the charges because he (Rappard) was the first one to the lifeboat."

Brower, said an arrest warrant is still out on a third man, Jerome Gambino, in connection with the Sam's Town slots cheating.

If Adams rejects the negotiation he could face the possibility of going to trial on all three cases and face the possibility of 12 felony convictions.

Denue said there "was not enough evidence" to support the charges against Rappard.

He said Rappard was "merely present" while Adams and Gregoire cheated the slots at Buffalo Bill's.

As per Olin Pierce's affidavit for arrest for Rappard, Gregoire and Adams security videotape and statements of security officers at the casino all three individuals actively participated in the slot cheating.

Denue said Rappard's wife and her family are in Arizona and "I believe he's (Rappard) with her there."

He said Rappard was placed on inactive disability status by the Nevada Bar Association as the result of an undisclosed medical disability that rendered Rappard unable to practice law about three years ago.