Dec 7, 2007 8:45 pm US/Eastern
Lottery Winner Must Wait For Ruling On Prize, Jail
BARNSTABLE (WBZ) ―
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Elliot with lottery Executive Director Mark Cavanagh last month, picking up his first check for $50,000.
Courtesy: Mass. Lottery
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Timothy Elliott (center) shown here wearing sunglasses and a blue shirt, was clean shaven and silent as he appeared in court Friday.
WBZ
The convicted bank robber who won a $1 million jackpot - despite being prohibited from buying lottery tickets - will have to wait more than a month to find out if he can keep any of that money - and if he'll stay out of jail.
Timothy Elliott, 55, was in Barnstable Superior Court on Friday for his probation hearing, but it was rescheduled for January 18.
The state probation commissioner's office set the hearing to determine whether he violated his probation when he bought the winning scratch ticket last month.
Elliott was placed on five years probation after pleading guilty to unarmed robbery for a January 2006 heist at a Cape Cod bank. While on probation, he wasn't supposed to buy lottery tickets or gamble.
Elliott has already collected the first of 20 annual checks for $50,000 from the lottery and was told Friday he's not eligible for a court-appointed attorney.
Elliott, who has shaved off the long white beard he wore when he collected the money and now has only a mustache, did not speak in court. Two men accompanying Elliott, who refused to identify themselves, angrily pushed back reporters who tried to interview him afterward.
Massachusetts State Lottery spokesman Dan Rosenfeld said the agency believes Elliott should be able to keep the prize.
"Winners are winners," Rosenfeld said, adding the lottery has never dealt with a similar case. "What you're really buying is a share of the prize pool. Mr. Elliott bought his share of the prize pool, and he won the prize. He got very lucky."
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