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TVTranscript
00:00This is case number 548 on the calendar in the matter of Pablinson v. Clark.
00:05If I was a sworn in judge, you may be seated. Folks have seats.
00:09Bird, would you take the children outside, please?
00:12I think there's only one child.
00:13How old are you?
00:1426.
00:15Young looking. How wonderful.
00:17Going to be young looking forever.
00:21Ms. Pablinson, you have a child who is, according to what I read, 7 years old.
00:27Is this the father of your child?
00:29Yes, it is.
00:30His name?
00:31Bobbi Lubin.
00:32And Ms. Clark, Bobbi used to be your boyfriend, is that right?
00:36Yes, ma'am.
00:37And you have a child with him?
00:39Yeah, my daughter Alexis.
00:40She's 11?
00:41Yeah.
00:41According to your complaint, Ms. Pablinson, the defendant harassed you by making false charges
00:47against you, both with the police and with Child Protective Services.
00:52Yes.
00:52You want compensation?
00:54Yes, I do.
00:55Ms. Clark has a counterclaim.
00:57She says that you have been harassing her and made false charges against her.
01:02So I gather that this all has to do with the boyfriend.
01:06You don't know each other other than through the boyfriend?
01:08No.
01:09Is that right?
01:10Yes.
01:11How long haven't you been with Mr. Lubin?
01:13Oh, my daughter was a month old.
01:1611 years.
01:17So a long time.
01:18Yeah.
01:18Anything happen recently that brought him back into your life?
01:21He hadn't seen my daughter in eight years.
01:24And he just came into her life like three years ago.
01:26And he was ordered to pay Child Support $69 a week.
01:29And at that time, he consented that my daughter be adopted by my husband.
01:36Is that right, Mr. Lubin?
01:38I'm still paying your honor.
01:39I have a paperwork right here that he signed it with my lawyer.
01:45Did you consent to, you surrendered your parental rights to the child?
01:49Yes.
01:50And you hadn't seen her in a long time.
01:51But you did see her for three years?
01:53Yes.
01:53How often?
01:54I've seen her every weekend.
01:56Then why would you want to surrender your parental rights?
01:59Due to the stuff that was going on with the false police reports and everything.
02:04Sherry and I come upon an agreement to where I would sign my rights away.
02:09Because in the four petitions, she already had said that I was to sign my rights away.
02:15That Alexis wanted me to sign my rights away.
02:17And when we went in front of the judge, the judge says, well, you can't do that.
02:22You can't sit there and say that the child wants it.
02:25That it has to be a mutual agreement between the adults.
02:28Okay.
02:29According to what I've read, something happened in June of last year.
02:33Yes, ma'am, it did.
02:34So you want to tell me what happened?
02:36Do you want me to tell her or do you want her?
02:37Let her start.
02:38Okay.
02:39On June the 5th, I was going to get radiation treatment on June the 8th.
02:44I was getting pre-op for all my medical treatments and everything else.
02:49About 5 p.m.
02:50What's your problem?
02:51I had a tumor in my neck.
02:53I had thyroid cancer.
02:55I had received a phone call from Mrs. Clark here, screaming and hollering, stating, you
03:00need to come and get this child out of my home.
03:03I guess CJ wasn't there at the time, so she said she only listens to CJ.
03:08She doesn't listen to me.
03:09I said, stop.
03:10Who's CJ?
03:10CJ's her husband.
03:12He's also the one.
03:13So she called you saying, you've got to come and get this child right away.
03:16Right.
03:16But it was more swearing words than just saying that.
03:19I was on the phone when she had said that.
03:20I said, stop right there, Sherry.
03:22I said, I hear that you're upset.
03:23I'm going through a lot right now.
03:25I'm going to give the phone to Mr. Lubin here.
03:27Okay, so then tell me the conversation.
03:29When I got onto the phone, she said, come get your daughter.
03:32I'm tired of seeing her face.
03:34She threw my dinner away.
03:36I says, what, do you want me to come over there and come get her?
03:39She says, get here as fast as you can because the kid's out.
03:41I don't care how she's out.
03:42She's out of the house.
03:44I have a picture right here, Your Honor, of the shed.
03:46That she was in when I went over to the house.
03:48Okay, so first tell me what happened when you went over to the house.
03:51When I went to go get my daughter, she was already in the shed.
03:54The shed doors were open.
03:56I pulled up.
03:57I said, Alexis, get inside the car.
03:59Okay, what was she doing in the shed?
04:00She had her bag with her and she was standing inside the shed.
04:04And you told her to get into the car?
04:05I told her to get into the car.
04:07And then what I did is I exited the car, knocked on the door, but she didn't answer the door.
04:11So I took the kid to the house.
04:13We went to the house.
04:14Shannon and I had a discussion.
04:16Stop playing with your papers.
04:18Shannon and I had a discussion.
04:19She said it would be on the best interest of you as a father to call child malpractice.
04:25So I proceeded to call child malpractice.
04:28Child malpractice came over to the house.
04:30They took our statements and everything.
04:32And the child was with you at the time?
04:34Yes, ma'am.
04:34She was.
04:35Okay.
04:35She had went to school.
04:36All right, Ms. Clark, let me hear your version of the events, please.
04:39Look at me.
04:41Me and Alexis did have an argument that day.
04:43And you lost it?
04:44Yeah, because we had an argument.
04:45So she wanted to go to Bob's and I called Bob and I asked Bob if he would take her for a couple days.
04:49I didn't even speak to Shannon.
04:50I spoke to Bob.
04:51What did you have in arguments about, Ms. Clark?
04:53Doing the dishes.
04:54She wouldn't do the dishes.
04:55She's at that stage right now where she won't clean the house.
04:57She won't help around the house.
04:59She's at the cocky stage and she wouldn't do anything.
05:02So she asked me if she can go to her father's for a couple days.
05:05And I said, yeah, if you want to go there, fine.
05:06So I ended up calling him or whatever.
05:08Now, I was in the living room with my son, which is 22 months, watching TV.
05:12Alexis was in the back bedroom.
05:13Alexis went out the back door into the shed by herself and waited for her father.
05:18And Alexis told me she never told her father none of that, that I locked her in the shed.
05:22And they told him I beat her.
05:23I got three reports.
05:24They called three times in a row.
05:25I got a letter from the village saying that my shed is, the lock don't even work on the shed.
05:30And I have a letter from...
05:31Well, you didn't tell me that it was locked.
05:32She also called child welfare on me too.
05:34Just a second.
05:35I'm not there yet.
05:36Okay.
05:37Listen, Ms. Clark, you lost it.
05:39You lost it.
05:39I absolutely believe Mr. Lubin when he says that you cursed at the child.
05:43He cursed at him about the child and you had lost it.
05:45You lost your temper.
05:47You lost your temper with your daughter who was 11 years old.
05:49She's a child.
05:49Do you understand that?
05:50Yes.
05:51Okay.
05:51And he has a perfect right as a father to call child protective services and say that you were behaving irrationally.
05:57You were behaving not maternally.
05:59You were behaving in a way that could have placed the child at risk.
06:03He had a perfect right to call child protective services.
06:05Period.
06:06End of discussion.
06:07It is your claim, however, that as a result of that, she retaliated by making false allegations against you.
06:14Now, what do you allege that she did to retaliate?
06:19Okay.
06:20June 5th, CPS was called and she was fully known about CPS being involved because they did investigate.
06:27She called me up on the phone on June 6th, screaming and yelling, making over 35 phone calls in one day.
06:33Can I see the report, please?
06:34What was she saying to you?
06:36She said, if you call CPS, I'll make sure you get beat up.
06:39There also is a court order from...
06:40I would like...
06:41Shh.
06:41Okay.
06:42I would like to see the report.
06:44There is...
06:44Shh.
06:44All right.
06:45Shh.
06:45Sorry.
06:46Judge Judy continues in a moment.
06:49Shannon Pavlison claims her boyfriend's ex-girlfriend, Sherry Clark, filed false charges with Child Protective Services.
06:57Shannon claims Sherry accused her of threatening her 11-year-old daughter.
07:01Ms. Clark, on or about June 4th, 5th, or 6th, did you call Ms. Pavlison's home on more than 10 occasions?
07:11My husband called at least 5 and I called at least 6, but I wasn't screaming and yelling at her.
07:16She was talking to me.
07:18She started screaming and yelling at me when CPS was called.
07:21I mean, I asked her if she did it and she told me no.
07:23Listen to me, madam.
07:25What were the purposes of these acknowledged 11 phone calls?
07:29Because we were calling each other back and forth all day.
07:31She was calling my phone.
07:33What were you calling her for?
07:35Because I was calling her to tell her that someone called CPS.
07:37I mean, she told me that Bob's mother did it.
07:39Okay.
07:40She was harassing you.
07:42No question about that.
07:43Same report.
07:44She was harassing you.
07:45Same report in 2000.
07:46I'm not interested in 2000.
07:48It's the same story going over and over again.
07:50I understand, but I'm not interested in 2000.
07:52This incident started in 2002.
07:54She, by court order, she's not supposed to be at my house at all or call my house at all.
07:59Excuse me, Your Honor.
08:00Yes.
08:01I had her arrested for threatening my daughter.
08:04I understand that you had her arrested.
08:06That's one of the things she's complaining about.
08:08That was in 2002?
08:10Yeah, that was just recently.
08:11That was just recently.
08:12Yes.
08:12Well, that's one of the things she's complaining about.
08:14I know that you had her arrested.
08:15She says the allegations were false.
08:18What did you have her arrested for, Ms. Clark?
08:20She threatened to beat up my daughter.
08:21Tell me about that.
08:22She called, it was the evening, July 1st, and she was talking to my husband about the
08:27CPS.
08:27She called my home, and at that time, she told my husband to tell me to meet her.
08:30Don't tell me what she told your husband.
08:33Well, she told me to meet her downtown on Niagara Street.
08:35Just a minute.
08:36Did you speak to her on the phone?
08:37Yeah, because he gave me the phone after, and she told me to meet her downtown at her
08:41parents' house so she could talk to me.
08:43Yes.
08:43And my husband wouldn't let me go.
08:44He said, no, don't bother.
08:46Just leave it alone.
08:47Yes.
08:47And then I said, why did you call CPS on me?
08:50And she said, how do you know I called CPS on you?
08:51I said, that's what Alexis told me.
08:53She said, well, the next time I see Alexis, I'm going to beat her.
08:56Yes.
08:57And then I called the town of Niagara, and the town of Niagara heard it because I taped
08:59it, and they sent her the summons and everything and gave me a restraining order.
09:03Let me hear the tape.
09:05Well, I don't have it.
09:06The town of Niagara had it.
09:08Excuse me.
09:08You get it.
09:09It belongs to you.
09:10She's been harassing me just as much.
09:12You haven't even talked to my daughter yet and asked my daughter anything.
09:14She's gone to my daughter.
09:15I am not going to speak to your daughter.
09:18I'm telling you that you lost your temper.
09:20No, I didn't.
09:21You did.
09:22You lost your temper when you call a man who you say had had no interest in his child for
09:29eight years, and you call your child names, which you did in front of her, which there's
09:35no question in my mind that you did, and you told him to come and get his blank kid
09:41because you had had it with her, and you said that in front of the child.
09:47I did.
09:48Yeah.
09:49Oh, you're damn right.
09:50You did.
09:50I know you did.
09:52That is neglect.
09:54Whether you appreciate it or not, that is neglect.
09:57She's the child.
09:59She's 11.
10:00You're the parent.
10:01You're supposed to be the adult.
10:03Not only do you have one child who's 11, you have a 22-month-old.
10:07You're supposed to be the parent.
10:08You're not supposed to lose your cool.
10:11And you did.
10:13And if she called CPS on you, she had every right to do that.
10:16And if you called CPS on her, you had no right to do it because you had no grounds to
10:20call CPS on her.
10:21Now, what proof do you have that she called Child Protective Services with regard to you?
10:28I think it's up there with the police report.
10:31It's addressed straight to Mr. Lubin on the 7th, the very day before she had me arrested.
10:37She went down to Child Protective Services and put that petition up.
10:41Did you call Child Protective Services on Ms. Pavelson?
10:44No, I didn't.
10:44Did your husband?
10:46Not to my knowledge.
10:47I don't know.
10:48I don't know everything he does.
10:49Really?
10:50We're separated.
10:51We don't even live together.
10:52Well, you were living together at the time, I assume, because you said that he called her
10:56house five times from your phone.
10:58He don't know anything that's going on here.
11:00I don't know if he...
11:01You listened to what I just said to you.
11:02At approximately the same time in June of 2002, you just told me that he called five
11:07times from your home.
11:08You called six times, so he must have been there.
11:10Yeah.
11:11So on June 8th, you were not separated.
11:13So I'm asking you whether either he or you called Child Protective Services...
11:18No, we didn't.
11:19No, I don't believe you.
11:20What happened as a result of the statement that she made to the police that you threatened
11:24to eat her child?
11:26All counts got dropped.
11:28If you want to read her statement, it's a pretty bogus statement, which she wrote that
11:31I had said.
11:32She changed her story so many times and then petitioned us five times after the police report
11:37to family court.
11:38Changed her story all then.
11:39And Alexis Lubin was never in the home the night of that phone call.
11:42Mr. Lubin, this indicates that it says on June 8th, Ms. Pavelson called the house and
11:54then she alleges that you said she was going to beat up her 10-year-old daughter because
11:58the 10-year-old daughter is the reason that Shannon and her daddy broke up and she's the
12:05reason her daddy is in jail.
12:06Were you in jail?
12:07Yes, ma'am.
12:08For what?
12:09Domestic violence.
12:11Against?
12:12Ms. Pavelson.
12:13We got in a massive argument after what was going on.
12:16I was in an outrage and they automatically arrested him because people were yelling in
12:22the house.
12:23You must have called the police.
12:24Yes, I did.
12:25I just wanted to remove because I was upset.
12:28What did you allege when you called the police?
12:30Did you allege that he hit you?
12:31I alleged that because I had a big goiter in my throat.
12:35Did you allege that he hit you?
12:37Yes, grabbed me.
12:38So that you lied?
12:39No.
12:39Unless he hit you or grabbed you?
12:41No, he just grabbed me and that's what they arrested him for.
12:43They arrested me for physically restraining her, Your Honor.
12:48Because I did go after him.
12:50What did you go after him for?
12:51I was under so much stuff, so much stress before my radiation and I couldn't handle it
12:56anymore.
12:57I just couldn't handle it.
12:58I said, something's got to get done here.
13:00I don't know what I did wrong.
13:01My whole house was just disrupted.
13:03So bad.
13:05Real bad.
13:07Ms. Clark, when did you and your husband separate?
13:10Last month.
13:11Why?
13:11We just don't get along.
13:12So I assume he's not going to adopt your daughter.
13:15Yeah, he's still adopting her.
13:18You insane?
13:20Why would you want to do that?
13:21Because he don't want nothing to do with her.
13:23I mean, my daughter loves my husband.
13:25I mean, he does everything for her.
13:27He would never take that out on my child.
13:29How long are you married then?
13:30Five years.
13:32He don't feel it's right to take it out on her.
13:37Your Honor, it goes like this.
13:38I had brought my youngest daughter here and my youngest daughter asked to see Alexis.
13:43She refused?
13:44She refused.
13:45Just because it's not nothing to do with us.
13:47It's just for the kids.
13:49I got pictures of how much they loved each other.
13:51I have pictures of the things I bought Alexis, and she's with me.
13:55She loves me.
13:55Listen to me.
13:56Ms. Clark is a very angry lady.
14:01Unfortunately, she visits her anger on innocence.
14:06Children are innocence.
14:06If they are reacting to something, they're reacting to what they see in their home.
14:12They're reacting to seeing their parents fight.
14:14They're reacting to seeing their mother angry.
14:16They're reacting to seeing their stepfather reacting to their mother.
14:21They're reacting.
14:22They're born as blank slates.
14:23Whatever they are, we make of them.
14:25Do you understand that, Ms. Clark?
14:27Yes.
14:28Whatever your daughter is, if she is obstinate, if she's difficult, she is that way because of you.
14:35Of course, according to you, he wasn't around, right?
14:38So, you created an environment for her, and it seems to me, continue to create an environment for her that is unhealthy.
14:46I say that to you because you care so little about her emotional stability that you insisted on bringing her into the courtroom today to hear all of this stuff,
14:58despite the fact that you were advised that that was not an appropriate thing to do.
15:05You insisted.
15:06That's why I'm telling you that you have a certain immaturity as a parent, that you are visiting on the rearing of your child.
15:15So, there isn't a question in my mind that you called Child Protective Services on the plaintiff.
15:22There isn't a question in my mind that you initiated a police investigation.
15:29Ultimately, those charges of threatening the child were dropped.
15:33The problem is that everybody is going to suffer, but most particularly, the children are going to suffer.
15:39They have a child who evidently is close to your child, or at least spent time with her.
15:44They want the two girls to see each other.
15:46You said no.
15:46You said no for absolutely no valid reason.
15:49You allow people to come in and out of your daughter's life, first Mr. Lubin, then your husband, then you take the children away out of spite.
16:01And you say your husband, from whom you are separated, is going to adopt your child because you think that he is going to remain a force in your child's life.
16:12And I'm here to tell you that biological parents very often don't maintain the contact, as Mr. Lubin is a testament to that.
16:21You're expecting somebody who has no biological attachment to your child at all, is going to want to come and visit with that child and have to deal with you on a regular basis until she's 18 years old.
16:33And I'm telling you, that's just not going to happen.
16:35So you're going to follow through with terminating his parental rights.
16:39You're going to have somebody else who's not going to have any contact with this child, all for your own selfish purposes.
16:49Sick.
16:51Okay, all I'm suggesting to you is it's grow-up time.
16:55You have two children?
16:57Yeah.
16:58You've already done a number on your 11-year-old's head.
17:01You have a 22-month-old, a little more of a blank slate.
17:06I don't know what your husband's plans are with regard to the 22-month-old.
17:09He's a good guy or a bad guy or he...
17:11He takes good care of my son.
17:13Well, that's good.
17:13If he takes good care of your son, there'll be a point, but he'll want full custody of him and then that child probably won't have a problem.
17:19Although I haven't met the husband in any event.
17:23You count the claim is dismissed, Ms. Clark, but on the original complaint, which I have, I find that you did engage in a course of conduct through absolutely no fault of the plaintiff
17:33that caused her to be harassed by Child Protective Services and the police, and I'm awarding the plaintiffs $1,000.
17:41That's all.
17:43I desire to excuse you, Mr.
17:46Now, this is case number 554 on the calendar in the matter of Smith-Alston versus Ryan.
17:51President and sworn in, Judge, you may be seated.
17:53You folks have seats, please.
17:55Ms. Alston, according to what I've read, you and Mr. Smith moved into a house.
18:00Yes.
18:00Along with some children.
18:02Are they your children?
18:03Yes.
18:04We have a daughter together.
18:05Are there other children in the house?
18:07My two sons.
18:08How old is your daughter?
18:10She's seven.
18:11You've been dating a long time.
18:12Ten years.
18:13The test is over.
18:17You moved into the house when?
18:18In the year 2000?
18:19Yes.
18:20Mr. Ryan and his family are your neighbors.
18:23Correct.
18:24And according to your complaint, there has been a series of harassing behavior, as well as some vandalism that has occurred to your home, caused by Mr. Ryan and his children.
18:34Mr. Ryan says that the harassment is really yours, and that you have been harassing him, his children.
18:42You have foster children?
18:44Yes.
18:44How many foster children do you have?
18:45Two foster children, two adopted.
18:47Are these your two foster children?
18:49Well, one's adopted, one's a foster.
18:50In any event, I have a claim and a counterclaim, each for a substantial amount of money for the harassment and damage to property.
18:57And I gather, Ms. Alston, from your complaint that you are, in fact, selling your house and moving.
19:03Yes.
19:04Because of this problem.
19:05Yes.
19:06That's very sad.
19:08Okay.
19:08When did the problem start?
19:102001.
19:11Tell me about it.
19:12Well, when the children started going to school, they befriended his foster children.
19:18One incident occurred where Royce had received a scooter for Christmas, which his son broke about a month later.
19:26And they had a fight about it.
19:28You got into a fight with him?
19:30Tell me about that.
19:31Stand up there next to your mom.
19:34You stand up there.
19:37Did he break your scooter by accident?
19:39His own purpose.
19:40Tell me how he purposely broke your scooter.
19:43He threw it on the sidewalk and it broke the handle.
19:47Why did he throw it?
19:49I don't know.
19:49Was he just being careless?
19:51Or was he angry?
19:53I don't know.
19:53Why did you break your scooter?
19:55It was an accident.
19:56I was just swinging it around and then it slipped out of my hands.
19:57Slowly.
19:58It was an accident because?
20:00I was swinging it around and then it slipped out of my hands.
20:02You were swinging it around.
20:04Well, that wasn't handling it like you're supposed to handle a scooter, so you broke it because you weren't being careful.
20:10Right?
20:12Did you pay for the scooter?
20:14Why not?
20:15I knew nothing about it.
20:16If you had known about it, would you have paid for the scooter?
20:18Sure.
20:18How come you didn't tell him?
20:20We did.
20:21Tell me about it.
20:22After the fight occurred, the police were called.
20:24No, no.
20:24The scooter was broken.
20:26Right.
20:26Right after the scooter was broken, did you tell Mr. Ryan what had happened?
20:29No.
20:30Because not even I knew about it until after the fight.
20:33How much after the scooter was broken did the fight take place?
20:36Probably two or three days.
20:37Okay.
20:37So then there's a fight.
20:39Go ahead.
20:39After the fight, the police were called.
20:40The police came to my house.
20:42That's when Royce had then told me his older brother, Anthony, had broke his scooter.
20:48Older brother, Anthony?
20:49His older brother was the one who broke the scooter.
20:51So you didn't break the scooter.
20:53Did Anthony break the scooter?
20:55Who broke the scooter, David?
20:58Anthony.
20:59Then why did you just tell me you broke it?
21:02David, why did you tell me that you broke the scooter if it was Anthony who broke it?
21:07Because I didn't remember if it was me or him.
21:09Okay.
21:10Go ahead.
21:11Okay.
21:11After the police were called because Royce had hit him a couple of times and I guess he
21:15had retaliated back, we had told the police officer about the scooter and the police officer
21:21went and talked to Mr. Ryan.
21:24Mr. Ryan, like he said, he said he knew nothing about it.
21:26He never offered to pay for the scooter.
21:29So we just basically said we'll get our son another one.
21:34Okay.
21:34So that was the first thing that happened.
21:36Now did that start the trouble?
21:37Yes.
21:38Go ahead.
21:39About two weeks later, they got a scooter or whatever, found a scooter on the street
21:44or whatever.
21:45The kid saw it and said, hey, are you going to replace our scooter?
21:49And he said no.
21:50We're not going to.
21:50David said no?
21:51Was it David?
21:53Yeah.
21:54Okay.
21:54David.
21:55So what Royce did, he got upset.
21:58He took the scooter and threw it in the garbage.
22:00After that.
22:00Not the right thing to do, Royce.
22:02Right?
22:04Okay.
22:04So I guess he went to go look for the scooter and it was gone.
22:08And ever since then, we've been having a lot of chaos with this gentleman.
22:12With the gentleman or with his children?
22:14No, with him.
22:16Well, tell me about it.
22:17Royce was outside.
22:18He was walking home from Greer, which is a park that's right around the corner from our
22:22house.
22:23Frederick Ryan was outside and made a gesture to Royce, hey, would you like to own one of
22:28these, which was a water scooter or jet ski?
22:33And Royce looked at him like he was crazy.
22:36After that, Frederick came across the streets of my house and requested to speak to Royce's
22:41parents.
22:42We weren't home.
22:43My car had broken down and Derek had come to assist me.
22:47So we weren't home yet when he came over.
22:49Well, when he saw that Royce was there and it was just Royce and my son, Laurel, he grabbed
22:55my son, Royce, by the neck.
22:57Now, you weren't home.
22:58So you don't know what happened.
22:59No.
22:59I'm just going off of what the witnesses told me.
23:02I will hear it from you.
23:07Your mother is telling me about an incident when Mr. Ryan came to your house.
23:12Do you remember that incident?
23:13Yes.
23:14Your parents weren't home?
23:15No.
23:16Tell me what happened.
23:17Royce had come in.
23:18He told me how Rick said he or you wish you had a jet ski like mine or whatever.
23:24You mean Mr. Ryan?
23:26Yeah.
23:26Mr. Ryan said you wish you had a jet ski like mine and then Royce came into the house.
23:31Yeah.
23:31Royce, when Mr. Ryan said that to you, did you say anything to him?
23:37Nothing?
23:39Didn't call him a name or anything?
23:41I just looked at him like, in shock.
23:44Go ahead.
23:45Five minutes later after he came in, all of a sudden you hear a loud bang on the door.
23:50I'm thinking it's him and his friend playing.
23:51I told them to stop.
23:53A couple minutes later, you hear it again.
23:56So I was in there washing dishes and I stopped from what I was doing.
23:59And it was Frederick with his hands on my brother.
24:03Mr. Ryan.
24:03Mr. Ryan.
24:04He had his hands on my brother's neck, throwing him into the door.
24:08I came out.
24:09I told, I pushed him out.
24:11Put your hand down, sir.
24:12He was in the house.
24:15I pushed him out and I told him, why are you on the property?
24:18He looked at me and laughed.
24:19And so I pushed him out of the house again and told him, you need to get off my property.
24:23And then he tried to grab me.
24:26He had me like this.
24:27I had him like this and I had him.
24:29I told him, you're not going to do it like you just did my brother.
24:31He needed to get off my property.
24:32And he left?
24:33My seven-year-old sister had called the police.
24:36And he heard that and he left.
24:38Did the police respond?
24:40Yes.
24:40You have a police report?
24:41I do.
24:42I'd like to see it, please.
24:44Judge Judy?
24:45I didn't ask you anything yet, Mr. Ryan.
24:56Well, Royce, you left something out of your statement to me.
25:00You told the police that day that when Mr. Ryan asked you if you'd like to have a jet ski
25:06and you thought he was teasing you, right?
25:09Right?
25:10You flipped him off.
25:12That's what you told the police.
25:14Right?
25:17Answer me.
25:17Yes.
25:19Now, is that true?
25:20Yes.
25:21Well, don't leave anything out when I ask you a question, young man.
25:23This is a court.
25:24Do you understand that?
25:26Yes.
25:27Judge Judy continues in a moment.
25:29Charlotte Austin says neighbor Rick Ryan assaulted her nine-year-old son.
25:34She claims Rick has harassed her family ever since.
25:37Now, let's proceed, Mr. Ryan.
25:39Okay.
25:40You've been having a lot of trouble with this young man because you say that there has been
25:43bad language coming out.
25:45A lot of it.
25:46Okay.
25:46I got tired of it.
25:47Fine.
25:47So you got tired of it.
25:48I want you to tell me what happened on October 18th.
25:52I was going to the store, I believe, or I was just coming home.
25:55I'm not sure exactly which.
25:57And he's out in the street cussing, swearing, foul language, giving me the finger and all
26:01this.
26:02That's not true.
26:03What you just told me.
26:04That's not true.
26:06Because it's not what you told the police.
26:08You told the police this all emanated from the fact that he was calling your daughter names.
26:11My daughter had nothing to do with my daughter that day.
26:14Really?
26:14My daughter was not home.
26:16Statement by Frederick Ryans.
26:18That's you.
26:19Is that correct?
26:20Yes.
26:21I was in the house when my daughter came inside and told me Royce was calling her names.
26:26That's the statement you gave to the police.
26:28Okay.
26:29Now you remember, sir?
26:30That's possible.
26:34There's been so many instances.
26:35Listen to me carefully, sir.
26:37And then you say, I don't remember.
26:38You don't lie.
26:39I didn't.
26:40Do you understand?
26:41I didn't really think that's what it was.
26:42It's a lie.
26:43Okay.
26:44Fine.
26:44So now let's get to where we're going.
26:46So your daughter came in and told you that this young man was calling her names.
26:51What did you do?
26:52I went over to the house to talk to the parents.
26:55How did you get there?
26:57With my van.
26:58How far do you live?
26:59Right across the street.
27:00Then you got in your van.
27:02I was going somewhere, so.
27:04You're a liar.
27:05No.
27:05Oh, yes, you are, sir.
27:07You got in the van for the purpose of intimidating.
27:09I have statements from witnesses, from your neighbors.
27:12Listen to me, sir.
27:13On your best day, you are not as smart and as clever as I am on my worst day.
27:18Do you understand that, Mr. Ryanshire?
27:21If you don't remember something, say, I don't remember.
27:24I'm going to read you another statement.
27:27You told the police I followed him, and when I got to the front door, his older brother was there.
27:33You didn't tell the police that you were going out and getting into your van.
27:36And he just stopped by the house.
27:37You said, I followed him.
27:40Yeah, I pulled up to the house right there and went up to the front door to talk to the parents.
27:45I watched Rick pull up in his van and chase Royce into the house.
27:49That's not true.
27:50Well, that's from an independent witness, sir.
27:52That's from an independent witness who was spoken to by the police.
27:55Okay, so you get to the house, and he tells you to leave, and you don't leave.
28:00You put your hands on him.
28:01Nope.
28:02Did you leave?
28:04I asked his parents.
28:05Did you leave?
28:05He said his parents weren't home.
28:07Did you leave?
28:08He showed me.
28:10Did you leave?
28:12After he pushed me and told me to get off the property, I pushed him back.
28:17Let's move to the next incident, please.
28:19Okay.
28:19Right after that, on 10-29, again, Mr. Ryan approached my child.
28:24My child was outside on his way to football practice.
28:27He drove up on the sidewalk and deliberately tried to run my son over.
28:31Go ahead.
28:31I'll hear you, Mr. Ryan.
28:33He was on my sidewalk, and that's where I park.
28:36He was on your sidewalk, and that's where you park.
28:38Is that your answer?
28:38That's exactly where I park, yes.
28:40So, the answer is, Mr. Ryan, you did, in fact, see him on the 29th.
28:46Yeah, yeah, yes.
28:47And he was on the sidewalk, but you park on the sidewalk.
28:51I don't park.
28:51It's not on the sidewalk, but it's right on the curb there.
28:55He was there in the parking spot when I pulled up.
28:57So, you pulled up, and he got out of the way.
29:00Yes.
29:01I'm going to tell the state of California that they better look very carefully into whether or not you should have him in your house with all your children, madam.
29:08There's something not right with him.
29:10Do you understand what I'm saying to you?
29:12I've been in this business a long time.
29:14Something's not right with him.
29:16He's picking on a kid.
29:18Put your hand down.
29:20You're supposed to be the adult.
29:21Well, I don't think this is fair.
29:23I don't give a rat's behind what you think, Mr. Ryan.
29:28I came into this case as a blank slate.
29:30Right.
29:31I said to myself, I can't believe here he is a man.
29:33He must love children.
29:35He has foster children.
29:36And yet, I'm listening to a series of provocative acts by an adult against children.
29:44One where you actually put your hands on him.
29:47That's not true.
29:48Oh.
29:48Oh, yes, it is.
29:49You actually put your hands on him.
29:51If I put my hands on him and slammed him up against the door, ma'am, I would, if it was my child, I would take him to the hospital.
29:57Excuse me.
29:58I want to tell you something.
29:59I find that you put your hands on him.
30:01No, I have not.
30:01Oh, I find that he puts his hands on you to get you out of his house, but you put your hands on him.
30:06Never in the house.
30:07That's three children that you either touched or tried to hurt or tried to scare in 10 minutes.
30:15Now, is that the kind of person that I think should be taking care of children, that the state should entrust children to?
30:20The answer, madam, is no.
30:22I now want to hear about your allegation of vandalism against Mr. Ryan.
30:27Okay.
30:28November 10th.
30:29My daughter and my younger son were outside playing, and I guess my six, she was six years old at the time, went across the street and doorbell ditched his house.
30:39What does that mean?
30:40She went across the street and rang his doorbell and ran back across the street.
30:44Not smart.
30:45She was only six.
30:46You're six years old.
30:46She's six.
30:46Not smart.
30:47And when he came out and saw her running, he called her Mr. Smith.
30:53When Royce came in and told his dad what had just occurred, Derek went over there to talk to find out what had happened.
31:02When Derek went over there, he immediately said, N, if you don't get off my property, I'm going to shoot your house up.
31:10At that time.
31:11Well, just a minute.
31:13Were you there?
31:14Yes, I was.
31:15Did you hear it?
31:16Yes, I did.
31:16Did you hear it?
31:17Yes, I heard it.
31:18I was right there in the garage.
31:19Okay.
31:20After that, Derek said, I need to know why you just called my daughter out of her name.
31:24Why would you talk to my six-year-old daughter in that tone of manner?
31:27At that point, his wife comes to the door yelling, Ian, if you don't get off my property, we're going to do something to you.
31:35So she goes back into the house as if she's going to get a gun.
31:38I go over.
31:39Oh, my dear.
31:39I grab my fiancée.
31:40She went back into the house.
31:42She went back into the house like she was going to go hit something.
31:44To call the police.
31:44When I saw that, I deliberately ran over and grabbed my fiancée and said, let's get out of here.
31:50These people are crazy.
31:51Okay.
31:52Stop.
31:53What was the vandalism?
31:54The vandalism was he shot through our window November 21st.
31:59Could anybody see him do it?
32:01My son did.
32:03He didn't actually see him.
32:04He heard his door open.
32:06When he opens his door, it squeaks a lot.
32:11And just before my window was shot, because I was in my room at the time when it was shot through, the door squeaked open.
32:18When it was shot afterwards, his door squeaked again.
32:22And it shone like it shut.
32:23That's not very strong circumstantial evidence.
32:25Some, considering the history, but it's not sufficient enough for me to find an act of vandalism on Mr. Ryan's part.
32:33Okay.
32:33I'd like to hear the first act of alleged harassment against you, Mr. Ryan.
32:37On the 30th of December, he was cussing and yelling out the window.
32:41Who was cussing and yelling out the window?
32:44Lord Royce.
32:45Royce, the little one.
32:46Yes.
32:46Then, two days later, on the 1st, my oldest daughter, who's not here, who's 17 and a half, went to Placerville with her boyfriend.
32:55And she was just coming home.
32:58And right after that, she came in the house and she saw him going along my wife's car, scraping it.
33:04Where's your daughter?
33:06She didn't come.
33:07Well, then I'm not interested in what you have to tell me, because if you didn't see it, and she's not here to tell me about it, it never happened.
33:13I saw them run across the street.
33:15Excuse me?
33:15She saw them run across the street.
33:17Step up?
33:18They were in the yard.
33:19Step up?
33:21No, no, no.
33:21Hold on.
33:23They were a little...
33:24Okay, what date did this happen?
33:25January 1st.
33:26January 1st.
33:28Okay, tell me what you saw.
33:30I saw the little one by the side of the car, and when he realized it was me, he ran across the street.
33:37So you didn't see him do anything?
33:38Well...
33:39Is that right?
33:39Yeah.
33:40Okay.
33:41Let me tell you what you should have done, Mr. Ryan.
33:43When one of your children broke his new scooter, you should have been the right kind of neighbors and gone over to the Smith Alstons and said to them,
33:54where sorry my son did that, I'm going to replace it, because that's what you're supposed to do.
34:01You should have gone over there.
34:02I'm not excusing bad behavior.
34:05Yours.
34:06You understand?
34:07I think that you have a fresh mouth.
34:09Royce, does your mom know you have a fresh mouth?
34:13Yes.
34:14He does, you know.
34:15Yes.
34:16He looks like a sweet little angel, but, you know, I know that he can be a nasty little kid.
34:24Not necessarily his brother, who looks like a relatively mild guy.
34:28But this one's a brat.
34:29I heard not one incident, Mr. Ryan or Mrs. Ryan, where either Ms. Alston or Mr. Smith acted inappropriately with your children.
34:41There may have been instances with their children acting inappropriately with your children, or acting inappropriately towards you, calling you names.
34:50This little fresh mouth over here.
34:52But I haven't heard one incident where these two people acted inappropriately with you or your minor children.
35:02Because that's what caused them to sell their house.
35:05The fact that adults, who are supposed to know better, were intimidating their children that they can't tolerate.
35:12Then they have to move.
35:13And for that, you have to pay.
35:14Judgment for the plaintiff in the amount of $5,000.
35:16Defendants get nothing on their counterpoint.
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