DANIEL TYLER GOODEN / L’Observateur / June 24, 2000

CONVENT – A St. James Parish jury took less than 30 minutes Thursday tofind John Tracy, a resident of Lutcher, guilty of felony gambling. Tracywas on trial three days for his part in the gambling ring activities discovered by the state police around 1997.

Judge John Peytavin presided over the case. Thomas Kliebert Jr., assistantdistrict attorney, prosecuted Tracy, who was represented by George Waguespack, who practices in Gonzales.

The state brought a variety of witnesses to the stand, including runners in the gambling ring who made the deliveries of money and betting cards. Thelast witness of the trial was the Louisiana State Police trooper who worked the undercover case that led to Tracy’s arrest.

The trooper explained how the Baton Rouge City Police Department had discovered the ring and tracked it out of Baton Rouge. At that point theyturned the case over to the state police. Troopers went undercover anddiscovered who distributed the betting cards. They worked their way intothe ring and began distributing the cards themselves. They climbed upthrough the ring man by man until direct contact was made with Tracy. OnOct. 10, 1998, troopers had collected enough evidence to arrest Tracy.They waited until after his day’s collecting and then arrested him when he returned to his home. Kliebert said they found $33,000 from that day’s run.The trooper went through boxes and boxes of evidence, articles seized from his vehicle and his home. The troopers found envelopes from therunners filled with betting cards and cash. There were stacks of money,one behind Tracy’s desk, $3,500 in ones and $10,000 from his briefcase.

Out of the boxes came lists of runners, booking logs, phone records, more betting cards and other supplies.

“Some of it was lying around for a year or so, stuff he just didn’t clean up,” said the trooper.

There were 13 other arrests around the same time as Tracy’s arrest. Manyof them, runners for the ring, pled guilty to the charge of misdemeanor gambling. They were Charles Brack, Lutcher; Charles Clark, Slidell; WalterHatch, Baton Rouge; Marty Jamison, Napoleonville; George Johnson, Lutcher; Kenneth Johnson, Baton Rouge; Gerald Jumonville, Gonzales; Lonnie Jumonville, White Castle; Shelby Oubre, Lutcher, and Daniel Veron, Lutcher. Also arrested in the case and currently seeking a pretrialdiversion are Rocky Cantillo, Gramercy; Clifford Guilfo, Labadieville; and Leroy Herrison, Baton Rouge. Another nine were involved but not arrested.Waguespack, in cross-examining the trooper, claimed there were many involved in the gambling ring and Tracy wasn’t the leader. He claimed thatthe state police were so focused on Tracy they ignored other evidence in order to arrest Tracy. The trooper responded that they focused on theevidence, which led them to Tracy.

Kliebert asked the trooper if there was an ongoing investigation of organized gambling in the area, and the trooper said there was. Kliebertasked which one they were here for today, and the trooper replied, “For John Tracy.”In closing arguments Kliebert said his job was to prove Tracy was the organizer and conductor of the gambling.

“There’s the evidence. I’ve kept my side of the bargain,” said Kliebert,pointing to the piles of money, cards and evidence on the table.

Waguespack said Kliebert had proved that Tracy was involved in the gambling, but he said the prosecution had failed to prove that he managed and conducted it.

He claimed Tracy was “merely assisting” and providing supplies.

Waguespack didn’t contest that there was a misdemeanor violation here but denied felony involvement.

The difference between a felony conviction and a misdemeanor is the managing and conducting of the business. If Waguespack could prove thatTracy wasn’t a manager, he would receive a misdemeanor conviction.

Kliebert told the jury Waguespack was asking them to violate their oath to up hold their duty as jurors.

“You must plead guilty if I’ve proved my case. I’ve proved my case,” said Kliebert.

The six jurors deliberated for a short while and came back to deliver their verdict. After review by Judge John Peytavin, the conviction of felony gambling was given. Bail was set at $100,000, with sentencing to followat next available date.

Tracy faces up to five years in prison, with or without labor and/or a fine up to $20,000, said Kliebert. Tracy has a prior convictions of misdemeanorgambling and a narcotics violation in Mississippi.

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