Two brothers have filed a lawsuit against a convicted sex offender, claiming to be the man's victims after he won the $3 million jackpot at the Florida lottery.
According to the lawsuit filed before the Orange County Circuit Court, the brothers are seeking monetary compensation for psychological damages caused by Timothy Poole's alleged actions, including damages for emotional trauma and depression. The plaintiffs say they were nine and five-years-old when the abuse happened in 1996.
"We are not attempting to get him additional prison time," says Mark NeJame, one of the lawyers for the plaintiffs. "He has served his time to society, but he has not served his dues for the alleged massive damage caused to the children."
The plaintiffs are also seeking the court to freeze Poole's winnings, which he took home in a lump sum of around $2.2 million, to prevent him from trying to "squander, hide or dispose of assets."
In 2010, the state legislature of Florida removed a statute of limitations for victims of sexual abuse below 16 years old, allowing them to bring forward a case at any time after the alleged abuse.
The 43-year-old Poole caught the headlines when he snagged the $3 million from a Super Millions scratch-off card bought at the Mount Dora 7-Eleven store earlier this month. His photo published on the Florida lottery website caught the attention of various people who recognized him as a registered sex offender.
Poole had been in jail 12 times for various offenses, including a 13-month incarceration period in 1999 during a trial for which he faces accusations of sexually battering a different nine-year-old boy. Poole denied the accusations but he entered a guilty plea to attempted sexual battery, after which he was released because his sentence equaled the number of months he served in jail.
He was also ordered to register as a sex offender and to attend sexual assault counselling sessions for 10 years. In 2003, Poole was returned to jail after failing to show up at his counselling sessions.
Poole's windfall has sparked a discussion on whether convicts are allowed to play and receive winnings in the lottery. Florida state law dictates a sex offender is not barred from playing or collecting his winnings from the lottery, although background checks are conducted on all winners.
Poole works as a cab driver for Triangle Cab, a Mount Dora taxicab company owned by his mother. Floyd Snyder, a friend of Poole, says he didn't believe in the allegations against him.
"I've known him for years and I've never seen any inclination of anything like that with him," Snyder says. "He's a very positive person. Very kind. Giving. I think that's why he won. It's Christmastime and the dude deserves a break."
