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  • 5 weeks ago
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00:00All-Star Game on the same day of the incident.
00:03What was the error there is that the All-Star Game was on February 18th of 2018.
00:11And the court said that we didn't have credible evidence at that time about it,
00:16so that's why the judicial noted.
00:19And she did that job.
00:22And when this incident happened in 2018, that was cut off.
00:26She lost her future in security work, in something further,
00:34whether it's FBI, police, attorney, whatever she wanted to do.
00:39The defendant, when she came to the building,
00:44instead of listening to the plaintiff, listening to her commands,
00:50you know, you've got to do this, you've got to do that, please leave the building,
00:53different commands were given to her, which none were followed.
00:58They were all ignored.
01:06Instead, the defendant thought that, well, Miss Ellis was on her phone.
01:14She was telling people that I'm here.
01:16These were the thoughts that were going through her head at the time,
01:20and she's testified to those.
01:23However, that's not the case.
01:26Miss Ellis testified that she's never had a fight before.
01:31She's never done anything to harm anybody.
01:35She's never had any fight with anybody.
01:37And her mother and her grandmother also testified.
01:41She's a model citizen.
01:43She's a hardworking person.
01:45And she simply, her whole goal of doing this,
01:50to be here and sit here and go through this,
01:53is so she could move on with her life.
01:57It's not there in the beginning, but we know from her testimony
02:00that she was near the door and immediately ran out when she heard yelling.
02:04Now, we have a visual rendering based on plaintiff's own photograph
02:08of the hallway outside the doctor's office
02:11and based on the testimony and Cardi of Miss Malcolm.
02:14This shows Cardi's pregnant early in her pregnancy,
02:18and this person comes up to her in black boots and starts yelling at her.
02:22Cardi was concerned about her, and scared, frankly,
02:27about what she might do to her unborn baby.
02:31She also, Cardi also testified she was confused.
02:34Why is this going on?
02:36Why is a security guard doing this?
02:38Why is she filming me?
02:39Why is she following me?
02:42She also, Cardi also told plaintiff specifically
02:44that plaintiff was invading her privacy.
02:47But when Cardi told plaintiff to leave her alone,
02:50plaintiff went berserk.
02:52She yelled, it was plaintiff's phone.
02:54Plaintiff said, that's my phone.
02:56This is my building.
02:57You can't tell me what to do.
03:00That's what Cardi testified,
03:03and it's consistent with what Malcolm,
03:06Thierre Malcolm and Dr. Finke testified.
03:09But plaintiff advanced on Cardi.
03:12He's screaming and yelling and forcing Cardi backwards
03:15down to the hall to a corner,
03:17coming chest to chest with Cardi,
03:19yelling at Cardi about how, you know,
03:23this is her building.
03:24She can do whatever she wants.
03:27Now, hearing the yelling,
03:28the doctor's receptionist, Thierre Malcolm,
03:30and then the doctor intervened
03:32and tried to get plaintiff to stop and leave.
03:34We'll talk about that in a few minutes.
03:37In the meantime, Cardi testified
03:39that she and plaintiff yelled and used curse words,
03:42but neither struck the other.
03:45Cardi did not strike plaintiff.
03:47The plaintiff tried but did not strike Cardi.
03:50Can I just add one thing?
03:52Sure.
03:52I've been sitting here throughout the whole trial.
03:55The plaintiff has never looked this way,
03:57so I don't know what she's talking about.
03:58Second, Cardi,
04:00plaintiff is halfway between Cardi
04:02and the jury box and the witness.
04:04I have never seen Cardi do anything else
04:07other than watch.
04:08Sometimes she,
04:09in response to a witness,
04:11may wonder, like, what?
04:12But I have not seen anything
04:15that plaintiff's counsel has claimed.
04:18The plaintiff and Monty Ellis
04:19prove all of the following elements of battery.
04:22One,
04:23defendant Bocallis Marlenes Almanzar,
04:26Ms. Almanzar,
04:27touched Ms. Ellis
04:28in the intent to harm or offend Ms. Ellis.
04:32Number two,
04:33Ms. Ellis did not consent to being touched.
04:36Number three,
04:37Ms. Ellis was harmed or offended
04:39by Ms. Almanzar's conduct.
04:41And four,
04:42a reasonable person
04:44in Ms. Ellis' situation
04:45would have been offended
04:47by the touching.
04:48Answer,
04:49no.
04:50Question two,
04:52did Ms. Ellis prove
04:53all of the following elements of assaults?
04:56Number one,
04:57Ms. Almanzar's acted
04:58with the intent to cause harmful
05:01or offensive contact with Ms. Ellis.
05:03Number two,
05:04Ms. Ellis reasonably believed
05:06that she was about to be touched
05:08in a harmful
05:09or an offensive manner.
05:12Number three,
05:13Ms. Ellis did not consent
05:15to Ms. Almanzar's conduct.
05:17Number four,
05:18Ms. Ellis was harmed.
05:20And number five,
05:21Ms. Almanzar's conduct
05:22was a substantial factor
05:24in causing Ms. Ellis' harm.
05:26Answer,
05:27no.
05:28Question two,
05:29no.
05:30Question two,
05:31no.
05:32Question two,
05:33no.
05:34Question two,
05:35no.
05:36Question two,
05:37no.
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