Emotions run hot in NY brothers' $5M lottery ticket trial

Apr 24, 2013, 5:44 pm (30 comments)

New York Lottery

SYRACUSE, N.Y. — Defense attorneys had the chance this morning to question a lottery investigator who interviewed two brothers claiming to have won $5 million off a scratch-off ticket sold at their father's store.

Jay Hemlock, who was called to the stand Tuesday afternoon by prosecutor Beth Van Doren, was in court for further testimony this morning.

Hemlock said he investigated Andy and Nayel Ashkar's claim for $5 million with the New York State Lottery. The brothers are on trial in Onondaga County Court before Judge Joseph Fahey on charges of conspiracy.

Andy Ashkar, 34, is charged with criminal possession of stolen property for allegedly stealing the ticket from convenience store customer Robert Miles, a Syracuse maintenance worker, in 2006.

By the end of the second day of the trial, the prosecution had called three lottery officials, the Ashkars' accountant and one of the Ashkars' lawyers to the stand.

Because the brothers waived their right to a jury trial Monday, the facts of the case are being decided by Judge Fahey. The courtroom opened today at 9 a.m.

The following are updates compiled during today's testimony.

10:20 a.m. Witnesses have been called more quickly and somewhat out of order this morning as the trial of two brothers accused of stealing a winning $5 million lottery ticket from a maintenance worker continues.

Ismael Pizarro, who worked at Parkside Commons with the man who says Andy Ashkar stole the winning ticket from him in 2006, was called to the stand when the courtroom opened this morning.

Pizarro said Robert Miles told coworkers in October of 2006 that he had won the lottery.

He said he saw Miles with a scratch-off ticket that he said was a winner, but couldn't tell what kind it was or what it was worth.

Pizarro does not speak English fluently, and spoke in court this morning through an interpreter. Pizarro said he asked Miles to buy rims from him after he found out he had won "some" money.

The next witness called by prosecutor Beth Van Doren was Syracuse Police Detective James Burns.

Burns said he visited Robert Miles in October 2012 in response to information from an informant regarding the recent announcement of Andy and Nayel Ashkar as $5 million lottery winners.

Van Doren then called Onondaga County District Attorney investigator James Palliota to the stand. He testified that bank records he pulled on Andy Ashkar show a $2,000 withdrawal on Oct. 27, 2006.

Judge Joseph Fahey broke for his regular calendar at 10 a.m.

12:15 p.m. Defense attorney Robert Durr asked a lottery security head why Robert Miles wasn't investigated after he said he was the real winner of a $5 million lottery ticket two brothers had tried to claim in March of 2012.

Jay Hemlock, a security director with the state lottery, said he had not heard of Robert Miles until the lottery sent out a press release in the fall with information about Andy and Nayel Ashkar and the $5 million ticket.

"Wouldn't it be fair to say, because of the investigation you had already conducted, because you told us you were equipped and it is your job — at that point, you should have conducted an investigation?" Durr asked.

"No," Hemlock responded. "At this stage, (Miles) was the final chip... Since we do not have law enforcement status, we referred it to law enforcement."

Hemlock added that the lottery can still investigate Miles' claim if and when he formally files one with the state.

Defense attorney Robert Tisdell began cross-examination of Hemlock just before court was recessed for lunch.

3 p.m. Robert Miles, a man who says he has been cheated out of $5 million, took the stand this afternoon in the trial of two brothers accused of conspiring to steal the prize.

Assistant District Attorney Beth Van Doren handed Miles what has been marked as "exhibit no. 1" and asked him what he saw.

"This my $5 million ticket," he said. Miles animatedly testified about how Andy Ashkar allegedly ripped the ticket out of hands when he realized he had won.

Miles said he bought the $20 scratch off on a Thursday in October. He knew it was Thursday, he said, because that was pay day. He said he had gotten high on crack cocaine the night before, but hadn't taken any drugs that day.

He said he started scratching it in the store, then finished outside of the store. When he figured out he had won, he said he ran back into The Green Ale Market with the news.

He said Andy Ashkar and Andy's father, Nayef, were present. Miles said Andy snatched the ticket out of his hand and told him it was only worth $5,000.

"He said, 'they wouldn't sell $5 million in the hood,' Miles recounted.

A small break was called.

3:30 p.m. Tensions escalated between defense attorneys and Robert Miles during cross examination this afternoon, and a five minute break was called so Miles could gather himself.

Miles came unraveled after defense attorney Robert Durr asked him specifics about the day he says he won $5 million off a scratch-off at The Green Ale Market in Syracuse in 2006.

"I know what that guy did to me," said Miles, looking at Andy Ashkar. "Don't sit here and make me look like I did something wrong. They took six years of my life, and you sit here badgering me?"

Judge Joseph Fahey asked Miles to calm down and a short break was called.

4:15 p.m. Despite a short break called during the cross examination of Robert Miles, who says Andy Ashkar stole a winning $5 million lottery ticket from him in 2006, emotions continued to run high as soon as he returned to the stand.

Asked by defense attorney Robert Durr why he didn't go to police or lottery officials when the ticket was allegedly stolen from him, Miles became obviously agitated, raising his voice with each new answer.

"What was I going to tell police?" he asked. "I didn't have nothing. What was I against a store owner? Who am I — a crackhead against a store owner?"

Durr asked if he had a vehicle he could have driven to a police station or lottery office.

Miles said no, then quickly said that he had. Durr asked about a statement he made during direct examination when he told Assistant District Attorney Beth Van Doren that he wasn't "delusional" but just "tired" that day, because he'd been up all night before smoking crack.

"You ever been on crack?" Miles asked. "You can't tell me how I was feeling."

Miles accused Durr of putting words in his mouth, and Durr told him to take his time to answer questions. By 3:50 p.m., after Judge Joseph Fahey asked Miles to calm down for a second time, the judge decided to end for the day.

Testimony will resume in the morning, and Fahey asked Miles to return at 9 a.m.

Post-Standard, Lottery Post Staff

Comments

BEZ22's avatarBEZ22

Woow..pure entertainment, but yet it is very real life..smh

noise-gate

Quote: Originally posted by BEZ22 on Apr 24, 2013

Woow..pure entertainment, but yet it is very real life..smh

I have not changed my view of these guys- they need to experience Jail time.Then and maybe only then will they finally get it.
Oogle

dallascowboyfan's avatardallascowboyfan

Lurking

psykomo's avatarpsykomo

GOOD REPORT'n

LIKE THE WAY THE article is written>>>>easy 2 read>>>>

Can relate 2 story because, it can happen anywhere ND USA

Hurray!ROFLLeavingROFLHurray!                Jack-in-the-Box                   GuitarNaughtyHiding Behind ComputerNaughtyGuitar 

rdgrnr's avatarrdgrnr

I hope the American gets every penny he had coming and that whole sleazy, scuzzy, thieving family gets the max jail time and deported when they get out.

kapla

Luv the line...

"You ever been on crack?" Miles asked. "You can't tell me how I was feeling." ----

Guy gets ROBBED of his winnings - NOW has to defend himself... something is not right. 

CLETU$

Quote: Originally posted by rdgrnr on Apr 24, 2013

I hope the American gets every penny he had coming and that whole sleazy, scuzzy, thieving family gets the max jail time and deported when they get out.

I Agree!

redhot7's avatarredhot7

Can we see the trial on a video tape?

savagegoose's avatarsavagegoose

he should have written his name on the back and signed it.

beaudad's avatarbeaudad

Quote: Originally posted by rdgrnr on Apr 24, 2013

I hope the American gets every penny he had coming and that whole sleazy, scuzzy, thieving family gets the max jail time and deported when they get out.

couldn't have said it better !!!!!  beaudad

Stack47

"Who am I — a crackhead against a store owner?""

and then they call a witness,

"Pizarro does not speak English fluently, and spoke in court this morning through an interpreter."

This might be the most strangest lottery story on record!

"he wasn't "delusional" but just "tired" that day, because he'd been up all night before smoking crack."

That's why it's called dope.

helpmewin's avatarhelpmewin

Quote: Originally posted by noise-gate on Apr 24, 2013

I have not changed my view of these guys- they need to experience Jail time.Then and maybe only then will they finally get it.
Oogle

I Agree!

CARBOB

Quote: Originally posted by rdgrnr on Apr 24, 2013

I hope the American gets every penny he had coming and that whole sleazy, scuzzy, thieving family gets the max jail time and deported when they get out.

I would rather they take them around the corner and shoot them!!

rdgrnr's avatarrdgrnr

Quote: Originally posted by CARBOB on Apr 25, 2013

I would rather they take them around the corner and shoot them!!

I know the feelin', CARBOB.

Artist77's avatarArtist77

I don't have a good feeling about this trial but hope I am wrong. I think it may not be the most severe sentence.

Nikkicute's avatarNikkicute

Quote: Originally posted by kapla on Apr 24, 2013

Luv the line...

"You ever been on crack?" Miles asked. "You can't tell me how I was feeling." ----

Guy gets ROBBED of his winnings - NOW has to defend himself... something is not right. 

lol I like that line!!

I vote for Samuel L. Jackson to play this guy in the movie!!

GAMBLIN QUEEN's avatarGAMBLIN QUEEN

"I know what that guy did to me," said Miles, looking at Andy Ashkar. "Don't sit here and make me look like I did something wrong. They took six years of my life, and you sit here badgering me?"

 

 

 

Asked by defense attorney Robert Durr why he didn't go to police or lottery officials when the ticket was allegedly stolen from him, Miles became obviously agitated, raising his voice with each new answer.

 

"What was I going to tell police?" he asked. "I didn't have nothing. What was I against a store owner? Who am I — a crackhead against a store owner?"

 

 

Miles said no, then quickly said that he had. Durr asked about a statement he made during direct examination when he told Assistant District Attorney Beth Van Doren that he wasn't "delusional" but just "tired" that day, because he'd been up all night before smoking crack.

"You ever been on crack?" Miles asked. "You can't tell me how I was feeling."

Miles accused Durr of putting words in his mouth, and Durr told him to take his time to answer questions.

 

 

 

I love Robert Miles....

He is keeping it real.

Many people fail to realize, a person can be a crackhead and be gainfully employed. 100% of every working person has a co-worker that is addicted to crack or some other drug.

I love the writing style.

DC81's avatarDC81

Five million dollars would've bought a lot of crack, they might have done him a favor.

rdgrnr's avatarrdgrnr

So he's a crackhead, so what?

There but for the grace of God go all of us.

Name me someone who's never had some kind of personality defect or character flaw no matter how minor at sometime in their entire life.

Nobody has a monopoly on virtue, nobody.

There has only ever been One perfect person to ever walk this planet that I know of.  One.

Being a crackhead doesn't negate this man's right to full protection of the law and equal justice under the law.

He should be given all of his money and the thieves should be punished severely and deported.

savagegoose's avatarsavagegoose

Quote: Originally posted by rdgrnr on Apr 29, 2013

So he's a crackhead, so what?

There but for the grace of God go all of us.

Name me someone who's never had some kind of personality defect or character flaw no matter how minor at sometime in their entire life.

Nobody has a monopoly on virtue, nobody.

There has only ever been One perfect person to ever walk this planet that I know of.  One.

Being a crackhead doesn't negate this man's right to full protection of the law and equal justice under the law.

He should be given all of his money and the thieves should be punished severely and deported.

amen ridge,.  i lso had an ex who was perfct in every way too. well she always said so.

 

but seriously, i agree whole heartedly,. its the weak that need protecting not the strong. the strong  can look after themselves.

Nikkicute's avatarNikkicute

Quote: Originally posted by rdgrnr on Apr 29, 2013

So he's a crackhead, so what?

There but for the grace of God go all of us.

Name me someone who's never had some kind of personality defect or character flaw no matter how minor at sometime in their entire life.

Nobody has a monopoly on virtue, nobody.

There has only ever been One perfect person to ever walk this planet that I know of.  One.

Being a crackhead doesn't negate this man's right to full protection of the law and equal justice under the law.

He should be given all of his money and the thieves should be punished severely and deported.

I Agree!

DC81's avatarDC81

Quote: Originally posted by rdgrnr on Apr 29, 2013

So he's a crackhead, so what?

There but for the grace of God go all of us.

Name me someone who's never had some kind of personality defect or character flaw no matter how minor at sometime in their entire life.

Nobody has a monopoly on virtue, nobody.

There has only ever been One perfect person to ever walk this planet that I know of.  One.

Being a crackhead doesn't negate this man's right to full protection of the law and equal justice under the law.

He should be given all of his money and the thieves should be punished severely and deported.

And if he didn't get robbed and instead of this story we got another lottery death story most here we're see the usual comments "lottery loser" stories get. Might be time to cut down on the moonshine, where'd I say he didn't deserve the money if he in fact is owed it? If it was his ticket then of course he should get it.

Ronnie316

Quote: Originally posted by DC81 on Apr 30, 2013

And if he didn't get robbed and instead of this story we got another lottery death story most here we're see the usual comments "lottery loser" stories get. Might be time to cut down on the moonshine, where'd I say he didn't deserve the money if he in fact is owed it? If it was his ticket then of course he should get it.

I would also agree with whatever decision the court makes, but others here have already declared that they will only agree with the law if the law decides their way. I guess some people put themselves above the law?

rdgrnr's avatarrdgrnr

Quote: Originally posted by DC81 on Apr 30, 2013

And if he didn't get robbed and instead of this story we got another lottery death story most here we're see the usual comments "lottery loser" stories get. Might be time to cut down on the moonshine, where'd I say he didn't deserve the money if he in fact is owed it? If it was his ticket then of course he should get it.

Might be time to cut down on the moonshine, where'd I say he didn't deserve the money if he in fact is owed it?

Where'd I say I was talkin' to you, numbnuts?

And btw, read your first sentence and then tell me who's on the moonshine.

You oughta get some kind of gibberish trophy for that one.

Here it is, read it and see if you can decipher anything out of it:

And if he didn't get robbed and instead of this story we got another lottery death story most here we're see the usual comments "lottery loser" stories get.   LOL

Put down the pipe and try making sense once in a while.

rdgrnr's avatarrdgrnr

Anybody who honestly believes that the Palestinians didn't rob that man of his ticket has their head up their ass.

Or quite possibly just doesn't like black people.

jamella724

This case keeps on getting more and more interesting as I get updates. I'm already looking for the next part of this case.

DC81's avatarDC81

Quote: Originally posted by rdgrnr on Apr 30, 2013

Might be time to cut down on the moonshine, where'd I say he didn't deserve the money if he in fact is owed it?

Where'd I say I was talkin' to you, numbnuts?

And btw, read your first sentence and then tell me who's on the moonshine.

You oughta get some kind of gibberish trophy for that one.

Here it is, read it and see if you can decipher anything out of it:

And if he didn't get robbed and instead of this story we got another lottery death story most here we're see the usual comments "lottery loser" stories get.   LOL

Put down the pipe and try making sense once in a while.

Sleep

Numbnuts, how cute. Excuse me princess for assuming a post directly under mine going on about the crackhead thing was a response to what I said and not in general response to the comments about it.

And yeah, I botched that a bit but you full know well what I was getting at.

The point was if he got the money back then he probably would have used it to fuel his drug habit not far off from what happened with certain other winners. Having all that money at that time would have likely made it worse to the point of possibly killing him. Instead of this story of robbery we would have gotten another "lottery loser" type story, bringing about the typical comments those stories generate. If he's cleaned himself up since then he may be in a better place today to handle it as long as he doesn't fall back on past demons.

rdgrnr's avatarrdgrnr

Quote: Originally posted by DC81 on May 5, 2013

Sleep

Numbnuts, how cute. Excuse me princess for assuming a post directly under mine going on about the crackhead thing was a response to what I said and not in general response to the comments about it.

And yeah, I botched that a bit but you full know well what I was getting at.

The point was if he got the money back then he probably would have used it to fuel his drug habit not far off from what happened with certain other winners. Having all that money at that time would have likely made it worse to the point of possibly killing him. Instead of this story of robbery we would have gotten another "lottery loser" type story, bringing about the typical comments those stories generate. If he's cleaned himself up since then he may be in a better place today to handle it as long as he doesn't fall back on past demons.

"Excuse me princess for assuming..."

You're excused, numbnuts.

DC81's avatarDC81

Quote: Originally posted by rdgrnr on May 5, 2013

"Excuse me princess for assuming..."

You're excused, numbnuts.

Roll Eyes

rdgrnr's avatarrdgrnr

Quote: Originally posted by DC81 on May 6, 2013

Roll Eyes

      Confused

End of comments
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