SYRACUSE, N.Y. — Judge Joseph Fahey said Friday he will take a few days to make his decision after closing arguments in the trial of two New York brothers accused of stealing a winning $5 million lottery ticket.
The bench trial before Judge Fahey began Monday of last week and concluded on Friday.
Robert Miles, a maintenance worker who claims he is the real winner of the $5 million, alleges that Andy Ashkar, who is charged with criminal possession of stolen property, stole the ticket from him at The Green Ale Market in October of 2006. The winning ticket was validated on Oct. 27, 2006, according to lottery officials.
Andy and Nayel Ashkar tried to claim the winnings in March of 2012 at a state lottery office in Schenectady. They are both facing conspiracy charges, as is their father, Nayef, who has a separate trial date scheduled in September.
Following is an account of the final arguments on Friday.
10 a.m. A fire drill stalled proceedings in the trial of two brothers accused of stealing a $5 million lottery ticket from a convenience store customer.
Once the courtroom opened at 9 a.m., Assistant District Attorney Beth Van Doren rested her case. Defense attorneys then motioned to have the charges dismissed against their clients, saying Van Doren had not provided sufficient proof for the trial to continue.
Judge Joseph Fahey denied the motion, and the defense called their first witness to the stand. Then, a fire alarm went off.
The courthouse was evacuated and it took about 20 minutes for every one to pass through security and re-enter the courtroom.
11:20 p.m. Andy Ashkar, 35, took the stand this morning and said he bought a winning $5 million scratch-off lottery ticket on Oct. 27, 2006.
He said there were other customers in the store when he scratched it off, so he held in his emotions. He said he showed the ticket to his dad and told him he wasn't going to believe what had just happened.
"He handed it back to me and said, 'Shut up. Don't say anything. Leave," Ashkar testified.
Andy Ashkar said he got in his car and headed to the lottery office. He said he started having second thoughts, and didn't want to make a rash decision, so he pulled over on the side of the road and called his brother, Nayel.
Andy Ashkar said he went home, showed Nayel Ashkar the ticket, and put it in the coat pocket of a suit in his closet. About six weeks later, he said he put it in a safe deposit box.
He waited nearly six years to try to claim the winnings, he said, because he was worried about possible negative effects of making his claim. He said he was worried about his family's safety and the relationship with his new bride, who hadn't yet immigated to the United States from Palestine when he won.
A quick break was called, and then Andy Ashkar was back on the stand.
12:15 p.m. Prosecutor Beth Van Doren asked Andy Ashkar why he would apply for Medicaid when he had a $5 million lottery ticket ready to be cashed.
Ashkar, who took the stand earlier this morning in his own trial, said he applied for public assistance because he was unemployed and his wife was pregnant.
His brother Nayel, also on trial on conspiracy charges, leaned over to speak with his brother's lawyer several times during the testimony.
Andy Ashkar said he wasn't "on the books" at the convenience store his family owns where the winning ticket was sold in 2006. However, he said he "helped out" at The Green Ale Market several days a week, whenever he could. He said he lived with his family back in 2006, and traveled overseas in August of that year with his mother.
There, he met his wife and signed a marriage contract. He began working to bring her to the United States and didn't tell her he won $5 million, initially, he said.
"I didn't really know her yet," he said. After they had their first child in 2008, he testified that he told her about the ticket.
He said he decided to split the ticket with his brother and waited until the ticket was about to expire to go to the lottery office. He said he waited nearly six years because he was worried about his family's safety if the press were to publicize the news, he said.
He said he asked lottery officials if there were ways to remain anonymous, he said. Then, when the lottery launched an investigation, he said he gave them sworn statements and any documents they asked for.
An investigator with the New York State police department, Alfonse Nitti, was the first defense witness called to the stand this morning. He said he performed background checks for the lottery, and looked into Andy Ashkar after the lottery launched an investigation.
He said Andy Ashkar had been arrested twice in 1996, but there were no reports of convictions. He said he closed his investigation. The lottery hasn't asked him to look into Robert Miles, he testified.
3:30 p.m. Judge Joseph Fahey said he will take a few days to make his decision after closing arguments in the trial of two brothers accused of stealing a winning $5 million lottery ticket.
Defense attorney Robert Durr called the credibility of witnesses called by the prosecution a "huge issue" in his closing. He said it's plausible that they fabricated their story in the belief Robert Miles, who says he is rightful owner of the $5 million ticket, would pay them for it.
One of the witnesses, James Ratchford, testified that Miles promised to "take care of him" if Miles was awarded the $5 million. Ratchford is a maintenance worker with Miles at the Parkside Commons apartment complex, and the two are roommates.
Another witness, Desi Melendez, is a convicted drug dealer. And today, defense attorneys gave the judge federal grand jury testimony from witness Ramon Rosario. The attorneys told the judge the information implies that Rosario had taken money from drug dealers in exchange for "help."
"It's very similar to what seems to have gone on here," said Durr.
Van Doren told the judge she was unaware before the trial that Rosario had testified previously in federal court.
Even if the judge believes the prosecution's witnesses, said Durr, there's still no proof the winning ticket was ever stolen.
"In the worst light, it's a poor bargain," said Durr. "There was no wrongful taking of that ticket."
Miles testified that Andy Ashkar took the ticket from him after saying it was only worth $5,000. He said he accepted $4,000 from Andy Ashkar.
Defense attorney Robert Tisdell said the prosecution hadn't shown any proof of a "meeting of the minds" between Nayel and Andy Ashkar regarding the winning ticket. The brothers are charged with conspiracy, and Andy Ashkar is charged with criminal possession of stolen property.
In her closing, Van Doren didn't make excuses for her witnesses.
"If they had fabricated this story, wouldn't it have gelled a little more?" she asked. "If I had coached them, wouldn't they be a little more consistent? "
Van Doren said her witnesses were obviously "reliving" a moment. However, she said, it was an event that happened nearly seven years ago.
She said none of her witnesses went to the police because they weren't sure the ticket was really worth $5 million until the Ashkar brothers tried to claim the prize in March of 2012.
Some of the witnesses testified Miles said he won $5 million, and some said he won $5,000. Later, Miles told them the store said the ticket was worth $5,000, they testified.
As for Miles' testimony, Van Doren said there was no question this wouldn't have happened if he'd been "thinking clearly."
Miles testified that he had been high on crack cocaine the night before he bought the winning ticket.
"It is the very condition of Rob that allows this whole thing to happen," said Van Doren. "He is never really sure what that ticket says. He takes it to the store, and they tell him it's $5,000. But then he starts thinking, what if Ray (Rosario) was right, if it was $5 million, and they did lie. What if?"
Van Doren said that in October of 2012 Miles' "darkest fear" came true when a press release announced Andy and Nayel Ashkar as $5 million lottery winners.
"When that press release comes out, he knows," she said. "It's not just $1,000 he was cheated out of, it was $5 million."
Sounds pretty cut and dried.
If it wasn't Miles' ticket, what the hell did Ashkar give him the $4.000 for?
He waited until the last minute hoping Miles would be gone or dead or wouldn't connect it with his ticket because of the time frame.
There's no justice if those lying thieves get so much as one penny out of this man's jackpot.
I thought vendors couldn't participate hmm
My question is " Where is that $5,000 scratchoff ticket " if Andy says that is what Miles won? .
Andy is a lying sack of liquid C***
I wonder if they mention about the $5000 scratch off ticket during the trial.
Miles and his bunch are all convicted criminals. The Prosecutor was on a fishing expedition, get over it.
To hold a $5 million ticket and "NOT know how much it's worth" is the most ridiculous story Ive ever heard.
I agree with myself on this one. Dopers are the most money grubbing people on earth. He never even sniffed a $5 million ticket much less held one in his hands. Get lost loser.
"One of the witnesses, James Ratchford, testified that Miles promised to "take care of him" if Miles was awarded the $5 million."
Wonder how many other witnesses Miles promised to "take care of".
"Miles testified that Andy Ashkar took the ticket from him after saying it was only worth $5,000. He said he accepted $4,000 from Andy Ashkar."
One of the witnesses, Rosario said they thought the ticket was worth $5 million so why didn't Miles sign the ticket or take it to another store?
"The attorneys told the judge the information implies that Rosario had taken money from drug dealers in exchange for "help.""
With several witnesses who will benefit if Miles wins doesn't add much credibility to their testimonies.
"He waited nearly six years to try to claim the winnings, he said, because he was worried about possible negative effects of making his claim."
Ashkar did ask if he could claim anonymously so that sort of justifies his story waiting so long, but that doesn't mean the judge is buying Ashkar's reasons. It is very possible for any crack head to be swindled and the judge will decide if there is enough evidence proving this crack head was swindled.
"When that press release comes out, he knows," she said. "It's not just $1,000 he was cheated out of, it was $5 million."
Every time I cashed a $5000 pick-4 winning ticket I was cheated out of at least $1000 by Federal and State taxes.
" I was on crack so I didnt know how much my ticket was worth. Can I have $5 million please?"
If Miles couldn't figure out how much the ticket was worth when he was (supposedly) holding it in his hand, what makes him so sure he knows what it was worth NOW............
wouldnt there be traces of finger prints, drool, or even crack cocine on a ticket owned by mr crack head?
Finally judgement day for Robert Miles. If l were the judge first l would award Robert Miles five million dollar ticket he won. Second l will award Robert Miles $4000 he already received for his pain and suffering. Third l will award Robert miles the commission the store would have received for selling the winning ticket as interest he already lost by them holding his five million dollars for five six years. And finally the final judgement l will do this looser family a big favor and put all of them in one cell for Six years and the only thing they will be scratching is there A..! . Now its time for Robert miles to go on a long vacation and have some fun too.
His name is not Mr. crack head, his name is Robert Miles and he is now an ex drug user trying to
get his life back together.
What a mess. If he accepted the 4k, the defense could say he sold it and no longer has rights to it.
It is not a mess because the defence has not admited giving hin $4000 and his initial claim says he bought the ticket unless they want to change their initial filing that they own the ticket from get go b4 they were bursted now they are trapped and can't change stories south african blade runner.
If these dirtbag thieves get away with this, look for the same kind of thievery to spread across the country even worse than it is already.
The precedent will be set and it'll be well worth the risk of getting caught to make millions.
Judge Fahey did the right thing so far.
"Once the courtroom opened at 9 a.m., Assistant District Attorney Beth Van Doren rested her case. Defense attorneys then motioned to have the charges dismissed against their clients, saying Van Doren had not provided sufficient proof for the trial to continue."
Judge Joseph Fahey denied the motion, and the defense called their first witness to the stand.
** Andy's explanation for holding onto the ticket until the very last to cash it for less to avoid publicity is classic self incrimination.
Too bad the dope head couldnt prove that he recieved $4000. Perhaps his dealer didnt want to show up?
Peoeple on LP SCREAM for anonymity, so how is a desire to avoid publicity classic self incrimination.
You would not be taking Andy's side of the argument if you were the one who was given $4,000 instead of $ 4, 996,000.
Dope head or Not. Practice what you Preach.
Luke 6:31.
i would sue the lottery, for allowing a game ticket to stay valid longer than the statute of limitations.
I just dont believe the guys story, sorry if you dont like my opinion. It dosnt seem possible that a guy would have his $5 million taken away, run down the street after the guy, and then say "oh well" and go home.
Here is a guy who won the same game twice and didn't have any problem reading his ticket.......
http://www.wgrz.com/news/local/story.aspx?storyid=93764
Remember... Miles testified in court "I didn't know how much it was worth" Yeah right.......
You have to be real stupid to believe that story.
If you handed a 1000 people a winning $5 million scratch ticket and asked "how much is this worth" you will get 1000 responses of "holy crap" and zero responses of "MMMMM I don't know. I will ask a cashier"
And this guy was the one who (supposedly) bought the ticket, not just an observer.
Ronnie: You are not a physician and neither am l- But are you aware of something called " Mental Health?"
In all likelihood Miles could have a mental handicap, meaning that he does not have the ability to reason rationally and finds it hard to comprehend things as simple as money, figures, math. Doing crack may be an " out" for him to mask his situation, by going into his own little world where he feels he is in an environment he can control.
You passing judgement on this guy as though his as " normal as you are". His outbursts in court may be telling us something, can you not see?
Handicapped? http://www.syracuse.com/news/index.ssf/2013/03/as_lottery_ticket_trial_approa.html
Robert Miles, of Syracuse, says he bought a New York Lottery scratch-off ticket worth $5 million in 2006 at the Green Ale Market, but was tricked by a son of the market's owners into believing it was worth only $5,000. Miles is shown in a family photo. An Onondaga County grand jury indicted brothers Andy and Nayel Ashkar in November 2012 on attempted grand larceny and conspiracy charges one month after they tried to cash in the $5 million ticket.Supplied photo
His got a calculator by his side, what does that tell you?
My earlier Post...
" In all likelihood Miles could have a mental handicap, meaning that he does not have the ability to reason rationally and finds it hard to comprehend things as simple as money, figures, math."
(l think l just Broke you Ronnie- you got your lunch handed to you.)
Your starting to sound like an idiot, Nose. The child's toy clearly belongs to the child on the right hand side of the photo that you failed to notice. (hand and foot pictured) Perhaps youre the handicapped crackhead here?
That's why it was called "a family photo" crackhead.
What are you 12? Grow up.
I'm not the crackhead. Are you also a card carrying pot head.
Looks like the news in NY is expecting a verdict at 10 am. in the morning.
http://www.cnycentral.com/news/story.aspx?id=891661#.UYAwjbXU8pU
You got served.
We can only go by the reports we read and if they are correct, the only thing Miles proved is that he is/was a crack head and apparently so are most of his witnesses. Did any of Mile's witnesses say for a fact they saw the ticket and it was a $5 million winner?
That doesn't mean he didn't actually buy the $5 million ticket, but if the Judge believes him, look for other cases with more credible people and witnesses. If you read where a store near you sold a scratch-off jackpot winner, tell the authorities you bought a ticket you thought won the jackpot, but the clerk said it was a Free Ticket. Tell your Pastor and the choir you thought you won millions so they can testify you said it.
I also agree. (Ronnie316) The guy was told he won 5K when he asked to check ticket at the store. He was a idiot for believing that if he thought it could be worth more. But he was on drugs not in his right mind.
Did anyone ask those brothers about the 4K that was "given" to him as his winnings? Did they admit to that or no? I sure hope someone asked them. And if they really did give him 4K then CLEARLY they would not do it unless that ticket was worth more.
Family Photo?
This is what people call FAMILY PHOTOS.
Having one person in the picture while others are cowering to the side is not a " family photo"
l will not indulge in countering with insults.Its not worth my time.
Lock up the brothers and their 5 million dollar lottery stealing daddy to. You don't hold a 5 million dollar lottery ticket until the statue of limitation has almost expired for your crime. Ashkar validated the ticket in 2006 but tried to cash it in 2012. Now had he not validated the ticket he wouldn't have been able to cash it 6 years later.
Andy Ashkar said he was affraid for the safety of his family, isn't he still affraid now? Ashkar said he didn't want to tell his wife because he didn't know her that well because it was a contract marrage. Two months later he wins the lottery, I would love to see his passport.
As I see it he stole Miles ticket and his unemployed self and his mother hopped a plane to Palestine to buy his wife ( contract marrage ). Since dad knows he stole the ticket I'm sure he was good for a loan.
While he was waiting for the statue of limitation to expire on his crime his wife got preggers so he applied for medicaid so tax payers could paid for his baby because he's worried his family may be harmed. So he didn't mine stealing from the State.
Ashkar stole tax payers money just like he stole Miles lottery ticket. He thought this crack head won't know any different.
This is not the first time the seller has tried to steal the buyers winning ticket. Iowa had a lawyer try to cash a million dollar ticket on the last day you could cash it, but wouldn't say who won, so the lottery wouldn't pay.
I have two problems with this case, first validating the ticket but not cashing it, second waiting 6 years to cash the ticket and having someone say that the ticket is his. By waiting 6 years there is no video showing who bought the ticket. DNA is likely gone.
I hope Miles win.
Whatever you big baby. Your the one who looked at the photo and tried to use it as proof that miles is a "handicapped" crackhead.
Your also the one who continued with the insults even after I clearly stated that I was only offering my opinion. 
Now you and your new crybaby friend are acting like I said it was a family photo, when in reality it was in the caption. Sad your to childish to read and comprehend what is being posted before your crying eyes.
Robert Miles, of Syracuse, says he bought a New York Lottery scratch-off ticket worth $5 million in 2006 at the Green Ale Market, but was tricked by a son of the market's owners into believing it was worth only $5,000. Miles is shown in a family photo. An Onondaga County grand jury indicted brothers Andy and Nayel Ashkar in November 2012 on attempted grand larceny and conspiracy charges one month after they tried to cash in the $5 million ticket.Supplied photo
Well Ronnie: Your support for Andy failed. The judge found this Crook guilty this morning and he was led off in handcuffs.
Perhaps in the future you will think more clearly before backing criminals.
It was Cut & Dried Rdgrnr..
This Just In..
Syracuse, NY - A judge convicted one brother accused of stealing a winning $5 million lottery ticket from a convenience store customer but threw out conspiracy charges against his brother.
Andy Ashkar, 35, was found guilty by Judge Joseph Fahey of criminal possession of stolen property. He was handcuffed and taken to jail immediately following the verdict.
His brother, Nayel, who was acquitted on charges of conspiracy, was free to leave.
Andy Ashkar faces a minimum sentence of 1 to 3 years in prison and a maximum of 8 1/3 to 25 years for possessing stolen property. The brothers signed a waiver last week allowing the judge to rule from the bench.
The brothers' father, Nayef, is also charged with conspiracy and has a separate trial date scheduled for September. Defense attorney Kevin McCormack, who is representing Nayef Ashkar, said the judge's verdict today "may be helpful" to his client.
Andy Ashkar's sentencing has been scheduled for May 29. Defense attorney Robert Durr said he respected the court's decision, though he felt there was enough reasonable doubt to acquit his client on all charges.
He said he would be speaking soon with the Ashkar family about Andy's right to appeal.
Appeal?- Right.
************************************************************************************
For the third time, ass wipe. I was posting an opinion. Congratulations on your big win.
Perhaps a group snuggle session is in order?
I'm looking forward to the final decision of the court. I wonder how will the winner spend his winnings once he claims it. I hope he will be in his sound mind when he decide. I agree that nothing like this will happen if only he was in his sound mind when he claimed what he thought $ 5000 prize.