JACKSONVILLE, Fla. – "I did nothing more than any other attorney would do, I provided legal advice and advocacy to my client," said Kelly Mathis in his first television interview since his conviction on gambling charges in the Allied Veterans case.
Last February, the disgraced Jacksonville attorney was sentenced to six years in prison on 101 charges stemming from an investigation into dozens of Internet cafes around the state, several of them in Jacksonville. Mathis remains out on bond, waiting for appeal.
Prosecutors successfully argued before a Seminole County jury that the Internet cafes were mini-casinos, and that gambling is illegal in the state of Florida. But Mathis said he had spent years researching these kinds of businesses and insisted they were not illegal at the time. He said they were no different than a sweepstakes. He used Willy Wonka bars as an example, where you buy candy bars for a chance to win a prize.
Mathis insisted jurors would have agreed with him, but said they never heard all the evidence in the case. He and his attorney, Mitch Stone, presented evidence leading up to the trial that would have involved calling witnesses from the state of Florida, including the head of the Department of Agriculture and Attorney General Pam Bondi.
Stone said that their testimony would have supported their argument that these cafes were operating legally.
"The state of Florida agreed with my position, the Department of Agriculture, that regulated sweepstakes. The Division of Consumer Affairs agreed with my position. Law enforcement throughout the state and lawyers agreed with my position. This prosecutor didn't," Mathis said Friday during an appearance on The Morning Show.
His attorney hopes the appellate court will overturn Mathis' conviction and grant him a new trial based in part on their argument the judge was wrong in denying them the ability to present that evidence to the jury.
"It didn't get in front of the jury. That included lawyers, politicians, law enforcement officers, all who listened to Kelly Mathis, all who studied the law and came to the same conclusion as Kelly Mathis with regard to his advice to his client," said Stone. "So by virtue of the fact that they were not really able to do that, the jury was under the impression that Kelly was the only one with that voice. We feel the appellate court will look at that strongly."
Why Mathis did not take the stand during his trial
"In retrospect, I absolutely regret that I did not. From the very beginning I told Mitch that I would testify, I wanted to testify. But the way the trial progressed, the evidence was so weak and so flimsy we thought it was not necessary," explained Mathis.
If given the opportunity again, he said he definitely would testify. Stone plans to file their first legal brief with the court of appeals this spring.
WATCH ENTIRE INTERVIEW: Par 1 | Part 2
SPECIAL SECTION: Internet Cafe Scheme
Background on the case
Of the 57 people who were arrested during the raid on nearly 50 Allied Veterans of the World locations in 2013, Mathis was the only one sentenced to any jail time. Allied Veterans co-founder Jerry Bass accepted a plea deal. So did Nelson Cuba, then president of the Fraternal Order of Police, along with FOP vice president Robbie Freitas.
Cuba was ordered to serve one year under house arrest.
"The problem with this case is they came back against the attorney saying your advice six or seven years ago was wrong," said Mathis.
He said it was his job as a practicing attorney to provide Allied Veterans legal advice.
Out of work
A former president of the Jacksonville Bar Association, Mathis' license to practice was suspended upon his conviction last year.
The father of four daughters now says he spends as much time with his wife and girls as possible. Since he cannot practice law, his wife has gone back to work.
Mathis said he also spends time doing volunteer work with Legal Aid.