(Agencies)
Updated: 2007-11-30 10:29

BOSTON -- The winner of a $1 million lottery scratch ticket may not be so lucky after all: He's a convicted bank robber who isn't supposed to gamble. Timothy Elliott faces a Dec. 7 court hearing over whether he violated his probation when he bought the $10 ticket for the $800 Million Spectacular game at a supermarket in Hyannis.

This photo released by the Massachusetts State Lottery shows Timothy B. Elliott in the Lottery's Braintree, Mass., office Monday, Nov. 26, 2007, after he won a $1 million prize playing the Lottery's $800,000,000 Spectacular. [Agencies]

Elliott was placed on five years' probation after pleading guilty in October 2006 to unarmed robbery for a January 2006 heist at a bank on Cape Cod. Under terms of his probation, he "may not gamble, purchase lottery tickets or visit an establishment where gaming is conducted, including restaurants where Keno may be played."

Elliott, 55, has collected the first of 20 annual $50,000 checks from the Massachusetts lottery commission. A picture of Elliott, holding his first check, was posted on the lottery's Web site Monday, though it was removed by Wednesday.

As part of his sentence, Elliott was put under the care of the state Mental Health Department and sent to a hospital for treatment, and state officials refused Wednesday to say whether he was still being treated.

A telephone number for Elliott could not immediately be located Wednesday, and it was not clear whether he had a lawyer.

The lottery routinely cross references the names of winners with the state Revenue Department to see if they owe back taxes or child support, lottery spokesman Dan Rosenfeld said. In those cases, winnings go straight to the Revenue Department.

But in this case, it will be up to the court to determine what will happen with Elliott's winnings.

"This is kind of new territory," he said.