La Crosse Tribune: Thompson cleared in gaming case

SPARTA, Wis.--Ed Thompson had hoped a jury of 12 men and women would clear him of felony gambling charges.

But it was public opinion--reflected in the faces and voices 40 to 50 potential jurors--that helped convince District Attorney John Matousek to dismiss the charges Monday against Thompson, owner of the Tee Pee Supper Club in Tomah.

After a frustrating half-day of jury selection, Matousek and defense attorney Steve Hurley of Madison told Judge Michael McAlpine they'd reached an agreement for Matousek to drop the charges against Thompson.

"It's clear from speaking to the potential jurors and Mr. Hurley that this matter is an extremely divisive issue for the community," Matousek told the court, adding that he hopes the dismissal will "serve as a healing process for the community ... and get that behind us."

Matousek, who said he lost his job in the November elections because of the tavern owner prosecutions, said the divisiveness of the gambling issue became apparent "by the fact that we had to go out on the public street to get jurors," he said.

"We won!" a relieved Thompson said as courtroom observers applauded.

Under terms of the deal, Thompson agreed not to have any video poker or other gambling machines in his establishment for two years, unless the state makes them legal. If he does, the charges could be refiled. He also agreed to pay $800 to cover the law enforcement cost of the investigation. Other tavern owners who pleaded guilty to misdemeanor gambling charges also made a similar payment.

Thompson's case drew widespread notice because he is the younger brother of Wisconsin Gov. Tommy Thompson. He also is well known in Tomah.

More than 40 Monroe County residents were called for jury duty Monday morning.

Several of them said they had strong opinions about Thompson's guilt or innocence, or about the state law restricting gambling to the lottery and Indian casinos. Others knew people involved in the case. Finally, one of the last 18 potential jurors said her uncle owns the Southside Tap, one of 40 establishments raided last year for gambling.

It was then that McAlpine ordered the sheriff to round up additional jurors, something Matousek said has only happened twice during his 10 years as district attorney. It wasn't a good omen, especially a few days before Christmas, when people don't expect three days of jury service.

Fight charges

Earlier Monday, Thompson pleaded no contest to two ordinance violations--disorderly conduct and obstructing an officer--stemming from a fight with a butcher Dec. 2 in which Thompson was stabbed in the chest. McAlpine found him guilty and fined him $224 for each violation.

Even though Matousek said it appears Thompson was a victim in the incident, Thompson said he pleaded no contest because "I've got enough trouble with the courts."

The stabbing incident could have been a disaster for Thompson so close to his gambling trial. But it also gave Matousek and Thompson a chance to talk recently for four hours, without Thompson's lawyer present.

"It gave me a completely different perspective on the case," Matousek said during a joint news conference with Thompson. "There's been so much banter in the press. There's a certain wall there we put up. ... But when we had the opportunity to talk we found out we have a lot in common.

"What an opportunity to heal the community," Matousek said of the dismissal. "Ed's a great guy. I respect him. Now maybe I'll be allowed to go to the Tee Pee."

Matousek said he and Thompson still disagree about whether Thompson should have been operating "Cherrymaster" video poker machines at the Tee Pee, and whether Matousek should have prosecuted him.

However, Matousek said, "We can be a voice together as to the inequity of this."

Thompson said he wasn't pleading guilty to anything because he believes the state law is unfair. "I was prepare to go to prison, that's how strongly I believe in this," he said.

Matousek said it's a problem that counties across the state enforce the gambling laws differently, adding that the same machines he prosecuted tavern owners for having are operating in Juneau County taverns.

Thompson said Matousek, Hurley and McAlpine convinced him that the trial wasn't the Place to challenge the law.

"I'm going to put all my energies into the Libertarian Party," he said, adding he has no faith in Republicans or Democrats to help give small business owners some equity. He said he'll still vote for his brother, but no other Republicans.

Thompson said the state sanctioned gambling is "so unequal, there's no way we can catch up. They have blackjack and $4.95 prime rib dinners." He also criticized the new compacts his brother's administration has negotiated with the Indian tribes, saying that allowing gambling in taverns would provide much more revenue for the state.

While Matousek said he hoped to heal the community, some tavern owners and their supporters are still unhappy about the raid and prosecutions. Some peppered Matousek with questions at the news conference about whether they'd ever get their video machines back.