Prosecutor Terry Modesitt Is Not Suspected of Any Wrongdoing
A one-time chief investigator for an Indiana prosecutor faces three counts of inducing an individual to commit professional gambling and three counts of official misconduct. The investigator, 71 year old James J. Counterman of Terre Haute, is alleged to have committed these crimes to protect a local gambling ring from prosecution.
Suspicions about Counterman were raised first in 2009, when a person contacted an Indiana Gaming Commission official about the investigator’s alleged misconduct. Fifteen months later, a second unrelated person came forward to accuse Counterman. At that point, investigators began a formal investigation, complete with taped conversations.
Would Not Report “For a Price”
The Star-Tribune reported allegations that James Counterman told illegal gaming operators he would not report them “for a price”. Looking the other way amounted to letting these operators to avoid arrest, and therefore prosecution.
As the Gaming Commission began to investigate Counterman’s activities, they recorded him making rather brazen remarks about the prosecutor’s office’s ability to know where gaming operations were, as well as their willingness to look the other way, if payments or contributions were made. The investigator is even thought to have suggested the prosecutor knew about his corruption and gave it his blessing, though subsequent scrutiny has proven that not to be the case.
Terry Modisett Not Suspected of Misconduct
When he first heard about the investigation into Counterman’s alleged misconduct, Vigo County Prosecutor Terry Modisett fired Counterman. No one else in the prosecutors office is accused of any wrongdoing in the Counterman case. Presumably, the Modisett offices were investigated, because of Counterman’s various claims. Had anyone else as the office been involved, it is assumed that those people would have been recorded involving themselves in the bribery.
Four Year Investigation
The Indiana Gaming Commission had been looking into Counterman’s expected role in covering up crimes as early as October 2009. That is what a probable cause affidavit files by investigator Edward McHargue of the Indiana Gaming Commission. Apparently, someone reported Counterman’s alleged illegal actions to a commission agent while visiting a riverboat casino in Evansville back in 2009.
Two Informants Came Forward
The informant apparently had operated an illegal poker night in Terre Haute previous to 2009, and supposedly wanted to inform against Counterman’s high-handedness and corruption. The informant is said to have provided information about others who were operating illegal games at the time.
Again in February 2011, a second confidential informant told investigators that Counterman “protected” local illegal gaming operators from prosecution. Apparently at that point, investigators began to record conversations the defendant had involving the protection of gaming operators.
“We Know Where Every Game Is Played”
In one of the recorded conversations, James Counterman is reported to have said, “We got a list of everything that’s going on in town. We know where every game is played. We’ve got license plate numbers of every person playing.”
At another point in those conversations, the former investigator told a person, “We are the who decide what, or if, charges should be filed. So Billy wants to run a game, it’s not legal–I told him he could. I don’t care.”
Sometimes Accepted Cash
The probable cause affidavit went on to charge that Countertain sometimes accepted money from those running the illegal gaming operations. He also is thought to have accepted checks as “political contributions”.
In the course of the 4-year investigation, McHargue says that “no evidence was developed that showed that the prosecutor (Modesitt) was aware of the representations that Counterman was making regarding Counterman’s authority and/or ability to ‘protect’ individuals from criminal charges.” The actions appears to have been the work of one rogue officials, if the informants and videotapes evidence can be believed.
Judge Bolk Recuses Himself
Because of his previous time spent working with James J. Counterman, Vigo Superior Court Judge David Bolk has said he would recuse himself from Counterman’s court case. Instead, a special judge is most likely to be assigned from another county. Bolk, the current judge in the case, scheduled a hearing for September 9.
One might think officials would not involve themselves in such cases for what often turns out to be minor sums of cash, but each year shows that a handful of officials are willing to sully their office with bribery and corrupt. Already this year, a former sheriff in Texas was sentenced to prison, while another sheriff in South Carolina is set to face trial in similar circumstances.
