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Ex-friends square off in trial over $1M lottery ticket

Maryland LotteryMaryland Lottery: Ex-friends square off in trial over $1M lottery ticket

A western Maryland man testified Monday that he gave his neighbor $20 to buy them a state lottery ticket that ended up a $1 million winner.

But the neighbor claims his former hunting buddy is a desperate, dishonest barfly who concocted the story after learning of his friend's good fortune.

A judge has frozen $500,000 of the winnings until a Washington County Circuit Court jury decides this week whether Brian S. Kendle, a 38-year-old Roto-Rooter operator, bought the "Countdown to Millions" ticket on his own or in partnership with Frederick S. Cade, 37, a self-employed electrician. The trial is scheduled to run through Wednesday.

Cade sued Kendle in January 2007, about three weeks after Kendle redeemed the ticket for $672,500 after taxes. On the witness stand Monday, Cade told the jury he gave Kendle money to buy the $20 ticket at McNamee's Tavern after bumping into him at the bar and carryout store near their homes in Fairplay on Dec. 15, 2006.

"He asked me if I'd heard of 'Countdown to Millions.' I handed him a $20 bill and asked him if we'd win and split it, and he said, 'Yeah, good,'" Cade said in direct testimony.

Later, under cross-examination, Cade said he offered Kendle the cash because "he said he was going to buy a ticket but they were $20 and hinted like he didn't have the money to buy it."

Cade testified that after Kendle bought the ticket, he asked to see it and wrote down the randomly generated numbers — 129615 — on a work receipt with a pencil from the tavern. The receipt was admitted as evidence.

Cade testified that on the afternoon of Jan. 2, 2007, a day after the winning numbers were drawn, he checked the receipt and saw that the numbers matched. He said he then told Kendle by telephone that he believed they had won and arranged to meet at Kendle's house to check the ticket numbers.

"He said, 'Oh, my God, we won,'" Cade testified.

He said Kendle drove them to a bank, where they planned to put the ticket in a safe deposit box, but the bank was closed due to President Gerald R. Ford's funeral. On the return trip, Kendle stopped to talk with his wife, Mary, Cade said. Kendle then dropped Cade at home, telling him he would put the ticket in a safe place, Cade testified. That night, Kendle told Cade he had given the ticket to his brother-in-law for safekeeping, Cade said.

Cade said the men agreed to go together to the Maryland Lottery office in Baltimore two days later to claim their winnings, but instead he saw Kendle and Mary drive off together. Two days after that, on Jan. 6, Kendle told him that because Cade hadn't signed the ticket, he didn't have to split it with him, Cade testified.

He said Kendle told him, "I really don't have to split it with you but I will take you on a hunting trip."

Kendle has stated in a sworn affidavit that Cade didn't contribute to the ticket purchase and that they never discussed buying it or sharing in the proceeds. He also stated that he never saw Cade write down the ticket numbers at McNamee's.

Kendle's attorney, Edward L. Kuczynski, said in his opening statement that Cade is a "desperate" and "angry" man who "hangs out" at McNamee's and fabricated the claim after somehow learning on Jan. 2 that Kendle had a winning ticket. He suggested during cross-examination that Cade had entered Kendle's empty house that day. Cade denied it.

Kuczynski also suggested during cross-examination that Cade had entered the Kendles' home between Jan. 6 and Jan. 10 and stolen a signed statement he had given them acknowledging he had falsely told McNamee's patrons while intoxicated that he was entitled to half the winnings. Kuczynski said Cade had written the statement, which has since disappeared, after Kendle confronted him at his home Jan. 6. Cade denied the assertion.

Kuczynski promised to produce witnesses who will swear that Cade told a number of people that Kendle — not he and Kendle — had won the lottery.

"It is our position that Mr. Cade, for whatever his personal reasons are, fabricated this story," Kuczynski said.

AP

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16 comments. Last comment 9 years ago by sirbrad.
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ThatScaryChick's avatar - x1MqPuM
Idaho
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November 21, 2007
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Posted: February 5, 2008, 12:31 am - IP Logged

Yuck. This whole situation is a mess. No Nod

"No one remembers the person who almost climbed the mountain, only the person who eventually gets to the top."

    chasingadream's avatar - Archangel 01.jpg

    United States
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    Posted: February 5, 2008, 9:29 am - IP Logged

    wow

    Oogle  waiting patiently for my jackpot

      LuckyLilly's avatar - savy chick.png

      United States
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      February 26, 2007
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      Posted: February 5, 2008, 10:18 am - IP Logged

      wow

      wow is right.  This is a great reminder.  Never buy a ticket for someone else unless it is a gift, no strings attached.  Never have someone else buy your ticket.  Never share or pool a ticket without a written agreement.  No matter how close you are, family or friend, money changes things!

        Bagent's avatar - avatar 10424.gif
        Vancouver, WA
        United States
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        July 15, 2007
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        Posted: February 6, 2008, 2:06 am - IP Logged

        wow is right.  This is a great reminder.  Never buy a ticket for someone else unless it is a gift, no strings attached.  Never have someone else buy your ticket.  Never share or pool a ticket without a written agreement.  No matter how close you are, family or friend, money changes things!

        I Agree!

          sirbrad's avatar - Lottery-062.jpg
          PA
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          October 6, 2005
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          Posted: February 6, 2008, 4:06 pm - IP Logged

          These days true friendship is based on poorness, and further proves what I have said long ago, don't buy anyone a lottery ticket as a gift even, or get involved with anyone else when it comes to playing. The majority of the time lottery tickets are given with the assumption that they are losers, or not "big" winners. But when someone hits it big, that is a different story. Then the true colors come out.

          Cases like these are why I gladly spend more by myself, because the pay off will be far better in the end. Any "true friends" would never "square off" over money, so they were never really friends to begin with.

            ThatScaryChick's avatar - x1MqPuM
            Idaho
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            November 21, 2007
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            Posted: February 6, 2008, 7:03 pm - IP Logged

            These days true friendship is based on poorness, and further proves what I have said long ago, don't buy anyone a lottery ticket as a gift even, or get involved with anyone else when it comes to playing. The majority of the time lottery tickets are given with the assumption that they are losers, or not "big" winners. But when someone hits it big, that is a different story. Then the true colors come out.

            Cases like these are why I gladly spend more by myself, because the pay off will be far better in the end. Any "true friends" would never "square off" over money, so they were never really friends to begin with.

            But we don't really know that he gave his friend 20 dollars in the first place.

            "Cade sued Kendle in January 2007, about three weeks after Kendle redeemed the ticket for $672,500 after taxes."

             I think Cade heard about Kendle's good fortune and decided to make up a story that he actually gave him the $20 bucks, so he could get some of the winnings.

            "No one remembers the person who almost climbed the mountain, only the person who eventually gets to the top."

              LuckyLilly's avatar - savy chick.png

              United States
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              February 26, 2007
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              Posted: February 6, 2008, 7:25 pm - IP Logged

              But we don't really know that he gave his friend 20 dollars in the first place.

              "Cade sued Kendle in January 2007, about three weeks after Kendle redeemed the ticket for $672,500 after taxes."

               I think Cade heard about Kendle's good fortune and decided to make up a story that he actually gave him the $20 bucks, so he could get some of the winnings.

              I dunno, where'd Cade get the RNGs?  I'm having difficulty following the time line, but it sounds like the ticket was already with Kendle's relative when Cade is accused of breaking in.

                sirbrad's avatar - Lottery-062.jpg
                PA
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                October 6, 2005
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                Posted: February 7, 2008, 4:28 am - IP Logged

                It doesn't matter if he bought it, or lent or whatever. The point still stands, don't get involved with others at all when it comes to the lottery. Don't even hint that you will split it. Also anyone serious about splitting a win would get it notarized. Word of mouth just ain't going to cut it.

                  four4me's avatar - gate1
                  MD
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                  Posted: February 7, 2008, 9:49 am - IP Logged

                  According to the news today Brian S. Kendle won his case but the judge has frozen $500,000.00 pending any appeal.  

                    ThatScaryChick's avatar - x1MqPuM
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                    Posted: February 7, 2008, 11:57 am - IP Logged

                    According to the news today Brian S. Kendle won his case but the judge has frozen $500,000.00 pending any appeal.  

                    Well if it does get appealed, I hope he wins that also.

                    "No one remembers the person who almost climbed the mountain, only the person who eventually gets to the top."

                      LottoAce's avatar - WWI Flying_Ace.gif
                      N.C.
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                      Posted: February 7, 2008, 8:25 pm - IP Logged

                      Its a mess.....but I'd still like to be in it.

                      even if....he looses the apeal, he still would get 250 grand.

                      rather have half of something, than all of nothing....

                      just me.

                      "know your limitations, but excede your expectations"

                        four4me's avatar - gate1
                        MD
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                        Posted: February 7, 2008, 11:43 pm - IP Logged

                        Its a mess.....but I'd still like to be in it.

                        even if....he looses the apeal, he still would get 250 grand.

                        rather have half of something, than all of nothing....

                        just me.

                        LottoAce

                         Kendle won the case and Cade isn't going to get a dime. If after the appeal Cade were to win a victory then Kendle can file an appeal..... the money could be tied up for years. Here in Maryland a party rarely wins in an appeal unless witnesses come forward.

                        Kendle will most likely get to keep the money.

                        Big John says. You don't hit the number. The number hits you!!!!

                                       I'm not Big John, I'm Four4me, Big John's a friend.
                          justxploring's avatar - villiarna
                          Wandering Aimlessly
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                          Posted: February 8, 2008, 12:37 am - IP Logged

                          SirBrad, I don't think there's anything wrong with buying someone a ticket or giving a person the money, as long as you have no expectations.  Personally, I wouldn't give a lottery ticket as a prize because I would have expectations. 

                          People are strange when it comes to money.  Last year a friend who has no children or relatives she's kept in touch with said she was thinking about leaving me some money in her will.  I was very touched.  Not long ago I got a call from her asking me to pay her long-term care premiums.  I can't even afford to buy my own regular health insurance!  I thought she was leaving me the money because I've been a good friend, although I do understand her logic.  It sounded more like a deal or financial arrangement than a gift.  Anyway, she's very healthy, eats a lot of veggies and works out at the gym, so I told her she'll outlive me.  My most strenuous exercise is booting up my computer and turning the dial on my microwave. LOL  Like I said, when it comes to money, people suddenly get all sorts of wild ideas.

                            justxploring's avatar - villiarna
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                            Posted: February 8, 2008, 12:46 am - IP Logged

                            " He said Kendle drove them to a bank, where they planned to put the ticket in a safe deposit box, but the bank was closed due to President Gerald R. Ford's funeral. "

                            Another fine mess the Republicans got us into! LOL