DES MOINES, Iowa (AP) — A person serving a 25-year jail sentence for conspiracy to commit theft by rigging computer systems to win jackpots for himself, family and friends is suing the state of Iowa, claiming he was pressured 4 years in the past to plead responsible to crimes he didn’t commit.
Eddie Tipton filed paperwork beginning the lawsuit from jail in Clarinda, Iowa, in January 2020. He needs the courtroom to halt all restitution he’s been ordered to pay till a trial is held, throughout which he mentioned he’ll current paperwork and different proof to steer the courtroom to reverse his sentence.
“The sentence is merciless and strange as a result of it has been utilized to an truly harmless individual merely to see that he’s charged with a criminal offense,” he mentioned in courtroom paperwork.
The state final week requested that the lawsuit be dismissed. A listening to might be held Nov. 14 to contemplate setting a brand new trial date.
Tipton labored at an Urbandale, Iowa, group that offered random quantity drawing computer systems to a number of lottery states. Investigators mentioned he put in code on lottery computer systems that allowed him to foretell the successful numbers on three days of the 12 months.
Tipton, at his 2017 Iowa sentencing listening to, informed the choose he “wrote software program that included code that allowed me to know or technically predict successful numbers, and I gave these numbers to different people who then gained the lottery and shared the winnings with me.”
Tipton accepted a plea settlement and was ordered to repay $2 million in ill-gotten winnings from lotteries in Colorado, Wisconsin, Kansas and Oklahoma. An Iowa jury additionally convicted him of trying to take $16.5 million from a rigged Iowa lottery recreation in December 2010, however the Iowa Supreme Court docket in 2017 overruled the decision, saying the state took too lengthy to prosecute him.
Tipton, who has been in jail since August 2017, now claims he was positioned underneath duress to plead responsible. He additionally alleges Iowa officers charged him for restitution in states for which it has no jurisdiction, and he says he can’t pay.
It’s not clear what occurred to the cash Tipton and associates received from the lottery video games between 2005 and 2011. He labored along with his brother Tommy Tipton and others to buy and declare successful tickets no less than seven occasions, netting greater than $2 million. Tipton has mentioned he ended up with solely $351,000.
Assistant Legal professional Normal William Hill requested a choose Nov. 4 to dismiss Tipton’s lawsuit, arguing in a submitting that the lawsuit is barred by the statute of limitations and must be dismissed as frivolous.
Hill additionally mentioned by submitting the lawsuit Tipton is violating the phrases of his June 29, 2017, plea settlement involving potential instances in a number of states and that the violation “gives the chance for all jurisdictions to re-initiate legal fees stemming from Tipton’s actions.”
Tipton, who has been appointed an lawyer, now claims that the Iowa Supreme Court docket dismissal in 2017 eliminated the premise for the crime he ended up pleading to.
“The applicant acquired a good choice within the Iowa Supreme Court docket whereby the courtroom acknowledged that there was not a seamless or ‘ongoing’ crime; nor was there a seamless menace and, subsequently, the sentence for ongoing legal conduct is bogus and unlawful,” he wrote.
As a part of a plea settlement to settle instances in a number of states he pleaded responsible in June 2017 to theft and pc crime fees in Wisconsin and to ongoing legal conduct in Iowa.