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Petitioner developed certain strategies she felt would
maximize her odds of winning. Petitioner’s primary strategy was
essentially to locate and play those slot machines that were due
to make a payout. Petitioner strategized that the more money put
into a machine without a payout increased the odds of a payout.
Petitioner would speak with the casino attendants upon arriving
at the casino to determine which slot machines to play. The
attendants would describe what had happened so far that day,
which slot machines were played most heavily but had made no
payouts, and which slot machines had made payouts. The
attendants knew this information because they made the payouts by
hand to gamblers who won over a certain amount. Petitioner also
sometimes watched other gamblers playing slot machines to learn
the slot machines’ patterns. After learning this information,
petitioner identified those slot machines petitioner considered
“ripe” for a payout and played them.
Petitioner gambled about $500 in each of five slot machines
that she felt were good candidates to make payouts on a typical
day at the casino. Petitioner would carefully watch the results
of each machine once she began using it. If the slot machine
began giving her free plays, doubles, or triples, she viewed that
as a very good sign and an indication that the slot machine was
about to make a large payout. These results validated
petitioner’s choice of slot machine and convinced petitioner to
continue playing that machine. Petitioner also strategized from
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Last modified: March 27, 2008