Portsmouth officers still pulling security at poker halls

PORTSMOUTH

A day after the city's top prosecutor declared he will press cases against the poker halls that have been springing up here, some of the places were opening as usual - with police working security.

Commonwealth's Attorney Earle C. Mobley went on the record Thursday saying that he will prosecute operators of those and other forms of gambling not sanctioned by the state. Mobley said he will write to owners and operators, putting them on notice of his intentions.

Mobley said he met with the police chief already.

Detective John Doyle, a spokesman for the police department, said Chief Ed Hargis will re-evaluate whether officers can continue those off-duty jobs after Mobley issues the letter.

The halls were opening too, a few owners said.

"We're waiting for the letter," said Mark Tibbitt, manager of the Victory Poker Lounge, on Friday afternoon.

Tibbitt said the business was to open Friday night, and police officers were to work security.

Justin Daniels, manager of The Poker Palace, said that hall will be open every day until they get notice from the commonwealth's attorney.

"We have no problem shutting down," he said.

But Daniels said they wanted to see it in writing. For the time being, police officers were working there too, he said.

Jim Swan, president of Portsmouth's Fraternal Order of Police, said the phone was ringing off the hook with officers concerned about whether they should work the jobs.

He said he contacted the chief's office and an assistant told him that it was business as usual for now.

Doyle said that the police chief has said he will not re-evaluate the issue of officers working at the poker salons until he gets a letter "stating Earle Mobley's position and once the places and owners have been notified."

Mobley has never said the games were legal, but he has long been vocal in his belief the state law is flawed in that it makes an exception for "games of skill." Some argue that includes poker. However, on Thursday, Mobley said he would prosecute people for running poker halls.

A draft letter exists, but it had not gone out as of Friday, said Bill Prince, a spokesman for Mobley's office. "It doesn't matter," he said.

The letter was a courtesy notice to owners and operators of poker halls, Prince said.

Police, he said, shouldn't hinge their actions on the letter.

Prince said Mobley had no knowledge of police officers "working off-duty at these places, but they should immediately stop working."

Janie Bryant, (757) 446-2453, janie.bryant@pilotonline.com