Durr added that he believed Miles' story was too inconsistent to be taken seriously and that the prosecution's case was "relying on Robert Miles recolection of events from six years ago when he was a crackhead."
Assistant District Attorney Beth Van Doren said she believed Miles and his co-workers remembered enough specific details to show that their story was true. "There is no question that on that day he had that ticket in his hand," said Van Doren of Miles.
Van Doren admitted that Miles drug problem may have affected the way he acted that day but that Miles brought the ticket back to a store he trusted to see what it was worth. "If he was thinking clearly that day, would he ever have let that ticket go?" asked Van Doren.
Van Doren said that it was the Ashkar's story that was not credible and that trying to redeem the ticket anonymously after a five year wait showed that their story was full of holes.
"It just didn't make sense other than that they were waiting for time to pass so witnesses would not be around, documents would be lost or the statute of limitations would pass," said Van Doren outside the courtroom.
Thursdayâ??s testimony centered one of Mileâ??s co-workers who says he was with Miles when he bought the ticket at the Ashkarâ??s store.
Testimony heard on Wednesday
focused on Miles, man who claims he was the actual lottery winner. Miles testified that he remembered buying the ticket and said he immediately it was worth $5 million but claims Andy Ashkar told him it was only worth $5,000, and that Andy said he would cash it for Miles.
Testimony heard on Tuesday
focused on the way the New York Lottery handled the Ashkar's winning claim, when they came forward in March, 2012, just two weeks after the rights to the prize would have expired.
Their fate is in the hands of a judge as this week's trial in Onondaga County Court is a bench trial.Their father, Nayef Ashkar, is accused of helping his sons and was arraigned in March on two counts of with fourth degree conspiracy.