Winning Lotto Ticket Battle. Legal Analysis by Attorney, Gotham partner David Schwartz on Fox

Winning Lotto Ticket Battle. Legal Analysis by Criminal Defense Attorney David Schwartz, Partner at Gotham Government Relations on Fox & Friends 3/3/13

---

Closed Caption:

>> WELCOME BACK, A GROUP OF
HAIR DRESSERS TUSSLING OVER A
WINNING LOTTERY TICKET.
SEVEN INDIANAPOLIS SALON
WORKERS ARE IN A COURT BATTLE
WITH THEIR COLLEAGUE WHO SAYS
THAT THE WINNING TICKET WAS
BOUGHT OUTSIDE OF THE OFFICE
POOL.
DOES SHE HAVE A CASE.
HERE IS ARTHUR AIDALA, AND SHE
SAYS SHE BOUGHT IT OUTSIDE THE
POOL?
DO THEY HAVE A CASE ANY
LEGITIMATE WAY TO GET SOME OF
THE WINNINGS IN THIS?
>> OPEN DISCLOSURE, I AM AN
EXPERT IN HAIR SALONS AND HAIR
DESIGNERS, APPARENTLY, THEY DO
THIS ALL THE TIME, RIGHT?
AND OH, THIS IS LIKE THE 15TH
CASE WE'VE SPOKE BEEN LIKE
THIS.
IT'S ALL ABOUT CREDIBILITY.
IF IT GOES TO A JURY AND GOES
TO THE JUDGE, WHO DO THEY
BELIEVE?
THE BURDEN IS ON THE WOMAN WHO
BOUGHT THE TICKET, SAYING, I
BOUGHT THESE TEN TICKETS,
THAT'S FOR THE CREW AND THIS
ONE TICKET WAS FOR ME AND MY
TICKET WON AND THEIRS DIDN'T.
IF THE JURY BELIEVES HER, SHE
IS A WINNING 9 MILLION.
IF THEY BELIEVE THE OTHER ONE,
SHE'S WINNING WHATEVER, A
MILLION.
AND AS A PROSECUTOR HOW WOULD
YOU HANDLE THIS IF IT GOES TO
TRIAL, WHAT WOULD YOU DO?
>> THIS CASE DEPENDS ON THE
FACTS OF THE CASE, SO WE HAVE
TO KNOW WAS IT COMMUNICATED?
WAS IT COMMUNICATED THAT THIS
WAS AN INDIVIDUAL TICKET
VERSUS A JOINT TICKET.
THE BURDEN OF PROOF IS ALWAYS
ON THE PLAINTIFF AND HAVE TO
GO TO COURT AND SAY IT WAS AN
AGREEMENT AND--
>> AND SEE WHAT HAPPENS.
>> IT'S ALL ABOUT THE FACTS.
>> BUT, GUT-WISE HERE, IT'S
GOING TO BE THE PRESUMPTION IS
SHE BOUGHT IT FOR THE GROUP.
AND SHE'S GOING TO HAVE TO SAY
WELL, THIS WAS THE EXTRA
TICKET.
>> HOW ARE THEY GOING TO PROVE
THAT.
>> THE ONES THAT LOST ARE OVER
HERE IN THE GROUP.
THE ONE OVER HERE IS MINE.
I WOULD SAY LEGALLY HE'S
RIGHT.
FACTUALLY I THINK THE JURY'S
GOING TO BE--
>> AND DAVID, HERE IS
SOMETHING THAT MAY NOT PASS
THE SMELL TEST, ESPECIALLY IF
IT GOES SOUR FOR A LITTLE
LONGER.
GALLON SMASHING VIDEOS HAVE
BEEN POPPING UP.
NEW VIRAL SENSATION HITTING
THE WEB CALLED GALLON SMASHING
AND ROLL VIDEO ON THIS.
KIDS GO INTO CONVENIENCE
STORES AND GRABBING GALLONS OF
MILK AND FAKE FALLING DOWN THE
FRIEND RECORDS IT.
POLICE SATISFY THEY COULD
THROW THE BOOK.
>> AND THIS MAY LOOK FUNNY,
COULDN'T STOP LAUGHING.
THIS IS A CRIME.
YOU GO INTO GROCERY STORES,
THEY SERVE OUR COMMUNITY AND
HARD WORKING PEOPLE IT'S
CRIMINAL MISCHIEF, INTENTIONAL
DAMAGE OF PROPERTY.
>> SPOKEN LIKE A TRUE PL TIGS.
>> AND TOWN.
THE LEADER.
>> WE CAN'T ALLOW THIS TO
HAPPEN IN OUR SOCIETY.
>> IT'S ABOUT FREEDOM OF
EXPRESSION, YOUNG BUDDING
ACTORS, THEIR CRAFT IS AT
STAKE, THEY BROUGHT IN THEIR
OWN MILK AND JUICE, NOT
HURTING ANYONE, THEY'RE TRYING
TO CATCH THE REACTION OF THE
UNSUSPECTING BUYER WHO FEELS A
SPLASH, THIS AND THAT.
>> AS A DEFENSE, THIS THING
WOULD GO TO TRIAL IN SOME
CAPACITY HOW WOULD YOU DEFEND
THESE GUYS.
>> LADIES AND GENTLEMEN OF THE
JURY, DO WE LIVE IN A SOCIETY
WHERE YOUNG MEN CAN'T PULL A
PRANK, THEY DIDN'T BREAK A
WINDOW OR TAKE A CAR.
>> NOT WHEN YOU INTENTIONALLY
DAMAGE THE PROPERTY OF OTHERS.
>> THEY BROUGHT IN THEIR OWN.
GOD BLESS THE GROCERY STORES
AND OWNERS BECAUSE I LOVE OUR
COMMUNITIES.
>> WHEN THEY DO, THEY PUT A
PRANK, SHOULD THEY DO IT
AGAIN, NO, SHOULD BE OVER.
>> VERY HARD WORKING PEOPLE.