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Woman claims jackpot; rival says she lost ticket

Tuesday, Jan. 6, 2004 | 9:18 a.m.

CLEVELAND -- A South Euclid woman today turned in a valid winning ticket for the $162 million Mega Millions multistate lottery ticket that a Cleveland woman claims she lost outside the convenience store where it was sold.

Rebecca Jemison of South Euclid turned in the 11-state jackpot at Ohio Lottery headquarters in downtown Cleveland, the lottery said.

The lottery validated the sole winning ticket this morning for the drawing a week ago.

Elecia Battle, 40, filed a police report saying she lost the ticket last week. Police said her story was credible, but the Ohio Lottery said whoever turned in a valid ticket was legally entitled to the winnings because lottery tickets are bearer notes.

About 30 people with flashlights searched for the ticket Monday night outside the suburban Cleveland store that sold the ticket after Battle's police report became public.

Jemison said in a lottery press release that she played the numbers occasionally over the past several years. She said she discovered she won after picking up a local newspaper outside her door step on New Year's Eve.

The Ohio Lottery says the ticket is a bearer note, which means whoever turns in a valid ticket is legally entitled to the winnings.

Lottery spokeswoman Mardele Cohen said Monday night that the bearer status makes the ticket "like cash."

Prior to Jemison claiming the jackpot, Battle made it clear she intends to make a case that the winning ticket from the 11-state game is her lost property, said her lawyer, Sheldon Starke.

"This is a question of lost property, not abandoned property," he said earlier Tuesday. "If there is one type of property that is not presumed to be abandoned, it's money ... Anyone who finds it is not the owner."

Battle and her attorney did not immediately return telephone messages seeking comment on the lottery's announcement.

Battle, 40, filed a police report saying she dropped her purse as she left the Quick Shop Food Mart last week after buying the ticket. She said she realized after the drawing last Tuesday that the ticket was missing.

The Ohio Lottery said the winning ticket was sold at the store in South Euclid, about 15 miles east of Cleveland.

On Monday night, Battle tearfully told the Associated Press in an interview at her east Cleveland home that she hoped someone would return the ticket to her. She said a reward was possible.

"I'm praying that someone finds the ticket, brings it forward and gets rewarded and from there we all live happily ever after," Battle said.

She and her husband have seven children, some from previous marriages.

"To have something in your hand and have it slip out is a tough thing to swallow," said Jimmy Battle, who has two jobs, including a newspaper route.

Several people braved frigid temperatures to search for the ticket near the store Monday night, looking in snow-covered bushes and under cars in the parking lot.

"I decided to come back to see if I could find the winning ticket," said LaVerne Coleman, 57, who says she would keep the winnings if she found the ticket.

Police said Battle's story was credible and she cried when she came to the station Friday to file the report and did not hesitate when asked to write down the winning numbers.

"We don't believe that she's fabricating it, but there's no real way of knowing other than going on her word," Lt. Kevin Nieter said Monday.

Nieter said information Battle knew about when the ticket was bought and how the numbers were picked make her story credible. She told police that the numbers -- 12, 18, 21, 32 and 46 and Mega Ball 49 -- represented family birthdays and ages.

The winning ticket was sold to someone who chose the numbers, not someone who let the machine pick.

If the jackpot hadn't been claimed by June 27, the money would have gone to Ohio and 10 other states that participate in the game.

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