Senator questions police probe of instant racing

A North Idaho state senator is questioning why the Post Falls Police Department is investigating the “instant racing” machines in use at the Greyhound Park and Event Center in Post Falls. Sen. Bob Nonini, R-Coeur d’Alene, said today he thinks it’s fitting for the Idaho State Police to handle the investigation, even though the State Racing Commission, which regulates the machines, is an arm of the state police. “I would think it would be appropriate for the state police to investigate that first, not the city police,” Nonini said in an interview at the Idaho Capitol. “I’m not the one who’s going to determine if the machines are legal. I guess that’s up to the Racing Commission and the state police,” he said. Nonini, whose district includes Post Falls, said he called Kootenai County Prosecuting Attorney Barry McHugh about the investigation Saturday morning, after attending Friday’s legislative hearing at which a bill was introduced to repeal the law authorizing the machines. The repeal bill is sponsored by the Coeur d’Alene Tribe, which contends the instant racing is an illegal expansion of casino-style gambling outside of Indian reservations. “My concern with (McHugh) was why didn’t he contact the state police, because the Racing Commission is under the state police,” Nonini said. McHugh said he asked Post Falls police to handle the investigation because he believes that agency has primary jurisdiction over the conduct at the Greyhound Park, “and it’s still my position that they’re the appropriate agency.” He said he spoke today with ISP Capt. Curtis Kastens, who oversees District 1 in North Idaho, and that Kastens agreed it’s appropriate to have Post Falls Police handle the investigation. Asked how he perceived Nonini’s inquiry, McHugh said, “Although it’s somewhat unusual for someone to ask us to change the investigating agency, and that is unusual, I think it comes down to our evaluation in law enforcement as to which agency is appropriate.” As for the potential for a conflict of interest in having ISP investigate a matter under the authority of its Racing Commission, Nonini said, “I don’t see any conflict. They’re all law enforcement.” Post Falls Police Chief Scot Haug said that very point was discussed at the start of the investigation. “We feel the Post Falls Police Department is neutral in this. We don’t see any financial benefit. We don’t see any benefit at all. We’re the neutral party,” Haug said. “We felt it would be best if we looked into it. And obviously we need the Racing Commission to assist us with providing information.” Haug added that no one has talked to him about yielding the investigation to the state police. “That would be my concern, is that the Racing Commission, who oversees this and has permitted this activity, is already part of the state police,” he said. Haug assigned the case to Sgt. Dave Beck, a supervisor in the investigations bureau who specializes in complex cases. Some legislators have contacted Beck and had brief conversations about the issue, but those have not crossed the line, Haug added. “The calls have been more questioning than anything else, you know, about where we’re at with our investigation. Nobody has tried to interfere, nobody has tried to get us to change our mind or do anything we wouldn’t normally do,” he said. “The investigator did not feel any intimidation or any concerns with that at all,” Haug added. The work could take several more weeks, Haug said. “It’s not an easy investigation. It’s somewhat of a complicated matter.” He plans to meet with McHugh on Wednesday to review the status of the investigation and discuss where to go from there. “We’ll know more on Wednesday what our next step is in the investigation,” Haug said. Nonini said he also emailed McHugh information about how Gaming Laboratories International had rated the instant racing machines, which allow people to wager on historical horse races for as little as a quarter. The Greyhound Park installed 35 machines of the machines last year with the goal of bringing in new business. “The Coeur d’Alene Casino and the Greyhound Park are both in my legislative district, and I like both – they’re friends,” Nonini said. Both the tribe and the park’s operators have been contributors to his legislative campaigns. “They’re both good people,” he said. “So I was just trying to see if there was any common ground out there.” He noted that the instant racing machines aren’t only operating in Post Falls; they’re also in the Boise area and in Idaho Falls. “I also don’t want a proliferation of these machines all through Idaho,” Nonini said. “I don’t have any legislation drafted at this point. I would just hope we could get everybody to work together.”