- 8 hours ago
Category
📺
TVTranscript
00:00You have a restraining order for three years.
00:03Yes.
00:04I've read some of these emails.
00:06It's all crazy.
00:07Your next step should be with some sort of a mental health expert.
00:11He doesn't want anything to do with you any more.
00:15Exactly.
00:16This is Judy Justice.
00:30Rebecca Elbrader is suing her ex-boyfriend, Thomas Kidd, for stolen property and damages from an assault.
00:45Court come to order.
00:46All rise.
00:49Have a seat, please.
00:50Judge, case 4019, Elbrader v. Kidd.
00:54You're welcome.
00:54Ms. Elbrader, this is not such a difficult situation.
00:58You have two causes of action against Mr. Kidd, who you were involved with in a romantic relationship for a short time.
01:07It is your claim that he has a piece of property that belongs to you, which is an old mattress that you didn't purchase, that you put in his apartment because you slept over there a lot.
01:17He maintained your own apartment or your own home.
01:20According to your complaint, when you were involved in the relationship, he gave you a key to the apartment so you had access to it, but you spent a lot of nights there.
01:28Weren't happy with his mattress, so you gave him an old one.
01:32And you gave him this mattress when?
01:35I believe it would have been two days before June 6th, so it would have been June 4th, about...
01:42Of this year?
01:43Yes.
01:44Okay.
01:45And was there a conversation about the mattress when you brought it over to the apartment?
01:50Was there a mattress already there?
01:52Yes.
01:53My daughter...
01:53Just a second.
01:54Sorry.
01:54Was there a mattress already at his apartment?
01:57No.
01:58There wasn't?
01:59No.
02:00So what were you sleeping on?
02:01Well, Your Honor...
02:03No, no, look at me.
02:03Yes.
02:05You were sleeping over at his place.
02:08You had a key.
02:09My question is, what were you sleeping on when you slept there before June 4th?
02:15Nothing.
02:16My daughter's twin mattress that she had lent him as well, because he did not have a bed when
02:22he moved in.
02:23Okay.
02:24So when he moved in, and what year was that?
02:28That was this year.
02:292024.
02:30Your daughter gave him a mattress, and it was a twin mattress.
02:35Yes.
02:36That she wasn't using anymore.
02:38No, she had never really used it.
02:39Well...
02:40It was just in storage.
02:42Sorry.
02:44In any event, that was a twin mattress.
02:46This was a larger mattress.
02:47Is that right?
02:48That could accommodate you?
02:49Yes.
02:50Okay.
02:50And it was an old mattress?
02:51You paid nothing for it?
02:53That's a question.
02:54Yes.
02:55You paid nothing for it?
02:56No.
02:57Just brought it over there?
02:59Yeah.
02:59Forget about the mattress.
03:00We're done with the mattress.
03:01I don't deal with old, stained, disgusting mattresses.
03:04You know, get real.
03:06Okay.
03:07Now you had an incident with him where you allege that you were assaulted.
03:10And on what date was that?
03:12It was on June 6th.
03:14And how long before June 6th had you had a key to the apartment?
03:18Since February.
03:19Okay.
03:19Your Honor, it was actually...
03:21Sorry.
03:21Now, on June 6th, I want you to tell me about the assault, and I'll take a look at any medical
03:28records that you have or photographs.
03:31All right.
03:31Go.
03:31On June 6th, I woke up and decided to clean Tommy's apartment.
03:36Just a second.
03:37You woke up.
03:37Just a second.
03:38You woke up in your house?
03:39I woke up in his house.
03:41Okay.
03:41So you had slept over the night before?
03:43Yes.
03:43So you slept there on the 5th.
03:46Had you slept there on the 4th as well?
03:48Yes.
03:49With the new mattress?
03:50Yes.
03:51And you decided to clean the apartment.
03:53He was where?
03:54At work?
03:55Yes.
03:56Do you work?
03:57I did work.
03:58Did you work on June 6th?
04:00Yes.
04:017 p.m.
04:02You decided...
04:02What?
04:037 p.m.
04:04So you decided to clean his apartment?
04:06Yes.
04:06And what did you do?
04:07I cleaned his apartment.
04:09While I was cleaning, I noticed that there was a...
04:11Don't read anything.
04:12I noticed that there was a camera propped up next to the bed, and I...
04:17That you would never notice before?
04:19No.
04:19It was there, just...
04:21What kind of camera?
04:22Just a small camera that was placed right beside the bed.
04:26You mean on the floor, on a nightstand?
04:28On a nightstand.
04:29And he wasn't home at the time?
04:31No.
04:31Okay.
04:32So what happened next?
04:33I covered it with a cup because I didn't know if it was recording without my consent.
04:38Why don't you just unplug it?
04:40Look at me.
04:40You covered it with a cup?
04:43Yes, because I didn't want to touch his property.
04:46You were cleaning his house.
04:48I was cleaning his house.
04:49That's touching his property.
04:51Taking a cup and putting it over a camera is touching his property.
04:54Not only the cup, but the camera.
04:56Okay?
04:57I'm just not following you, so it's not making sense to me.
05:00Do you understand what I'm saying to you?
05:02I would clean up the household items.
05:04I didn't know if I was allowed to touch that.
05:07The cup was mine.
05:08And I placed it right there just so that it would block the camera.
05:10How was the cup yours?
05:11Where did you bring it from?
05:12From my house.
05:13So you brought in addition to the mattress you bought?
05:16Dishes?
05:17Yes.
05:19A towel.
05:20This is getting better.
05:22This is getting better all the time.
05:23All right.
05:24So you covered the camera with a cup.
05:29And then?
05:30Come on.
05:31Continued cleaning.
05:32And you cleaned.
05:33And then?
05:34And then he had texted me, and I had texted him, let him know that I was cleaning his apartment.
05:40Can I see the text?
05:42I don't have that, Your Honor.
05:43Why?
05:44My phone was put into evidence, and he had lent me that phone, and this one that I have is my old one.
05:50Where?
05:50With the police.
05:52Okay.
05:52And did that have to do with the restraining order that he filed against you?
05:59You write and write and write, and this is all crazy.
06:02You understand, but your writing to him is all crazy.
06:04You do understand that.
06:06Yes.
06:06It's all crazy.
06:07And he's just saying to you, go home.
06:10Out of my apartment, go home.
06:21Rebecca Elbrader claims her ex-boyfriend, Thomas Kidd, stole her high-priced mattress.
06:30Thomas is countersuing for defamation of character.
06:34My phone was put into evidence.
06:36Where?
06:37With the police.
06:38Okay.
06:39And did that have to do with the restraining order that he filed against you?
06:42Yes.
06:43Okay.
06:43When did he file a restraining order against you?
06:47You would have to ask him.
06:49It was after June 6th?
06:50Yes.
06:51Because he has a counterclaim.
06:53I'm going to get back to June 6th.
06:54I have to do this in a different kind of an orderly fashion.
06:57I can see that.
06:58Okay.
06:58So you texted each other back and forth, and at some point he came home from work.
07:03Yes.
07:04And you were there.
07:05Yes.
07:05Approximately what time?
07:07I'm sorry, Your Honor.
07:08I was not there.
07:09He had asked me to leave because he was upset.
07:11Okay.
07:12Because you touched his camera.
07:13No, because he didn't like the excessive text messages that were going on.
07:18Do you have the text messages?
07:19Yes, I do.
07:20I'd like to see them.
07:21I can bring those up.
07:21I'd like to see them.
07:26They're just a mix of in there.
07:28You'll have to just scroll through those.
07:30There's...
07:30This is on June 6th?
07:32Yes, this is the 6th.
07:33He's green.
07:34He's green.
07:37He's green.
07:38He says, go home.
07:40And you say, I love you, Tommy.
07:41Is that you?
07:42Yes, ma'am.
07:42So you say, I love you, Tommy.
07:44It's not safe for me at my house.
07:47I've got psychopaths and sex offenders next door
07:50that are becoming less and less intimidated by me.
07:53I need my crew to pull up my one and only.
07:57Which is Tommy.
07:58Shh.
07:59Sorry.
08:00And he keeps telling you.
08:03You're writing, Tim, writing, Tim, writing, Tim.
08:06And he says to you, just go home, Rebecca.
08:10Right?
08:10Yes.
08:11Just go home.
08:12You write and write and write, and this is all crazy.
08:15You understand, but your writing, Tim, is all crazy.
08:17You do understand that.
08:19Yes.
08:19It's all crazy.
08:20And he's just saying to you, go home.
08:23Out of my apartment, go home.
08:26Are you home?
08:28OK.
08:28I got it.
08:30OK.
08:30Now, did you go home?
08:32Yes.
08:33OK.
08:33Did you come back?
08:35Yes.
08:36OK.
08:36Went home at what time?
08:38I'd say about 2.
08:39OK.
08:40And when did you come back?
08:41After he got off work.
08:42What time did you?
08:434.30.
08:444.30.
08:45And you had to be at work at?
08:467.
08:477.
08:48Did you go to work at 7?
08:50Yes.
08:50OK.
08:51And when you went to work at 7, was that before or after you went to a doctor?
08:57Before.
08:57When did you go to a doctor?
08:59On July 19th.
09:02On July 19th?
09:03Yes.
09:04This happened June 6th.
09:06OK.
09:07Yes.
09:07So I'm not interested in your July 19th.
09:09When did he file a restraining order against you?
09:12I'd say about June 30th.
09:15OK.
09:15So on June 30th, he filed a restraining order because you were harassing him.
09:19And you clearly were harassing him because you had a trial on the restraining order, did
09:23you not?
09:24Yes.
09:25And after the trial on the restraining order, and you did in fact testify, and what I gather
09:30from you, am I correct?
09:32At that trial, they took your phone in evidence.
09:35Yes.
09:35And the judge, after the trial, granted him a restraining order for three years?
09:41Yes.
09:42It was not a mutual restraining order.
09:44It was granting his restraining order against you to leave him alone?
09:48Yes.
09:49Good.
09:50So what do you want?
09:52You had an opportunity when you had that trial to bring up any alleged assault that he committed
09:59on you months before.
10:01You had an opportunity to do that.
10:03Either one of two things happened.
10:06Either you didn't, or you did raise it, and the judge dismissed it.
10:11Which one was it?
10:12Did you raise it?
10:13Yes.
10:14So the judge heard your facts.
10:16Yes.
10:17And the judge did not grant you a restraining order.
10:21No.
10:21Yeah.
10:22Me neither.
10:23OK.
10:24Do you sleep on this mattress?
10:26Yes, ma'am.
10:26Why?
10:27It's my question.
10:29Listen to me, Mr. Kidd.
10:31Yes.
10:32What do you do for a living?
10:33I'm in construction.
10:34I'm a carpenter.
10:35Make a living?
10:36Yes.
10:37I would get a new mattress.
10:39What you want to do is when you're dealing with somebody who clearly from this, and I
10:44don't know what else, you want to have no reason for her to have any connection to you.
10:51Do you understand?
10:52Yes.
10:52You've been through a legal process with her.
10:55She's supposed to have no contact with you.
10:58Get a new mattress.
10:59When are you going to do that?
11:01Tomorrow.
11:02Perfect.
11:04He's putting the mattress out.
11:06You have an apartment, a house, whatever?
11:08It's an apartment, yes.
11:09Apartment.
11:10Is there a place where you can put the mattress out on the street to be picked up?
11:14Yes.
11:15Fine.
11:16Today is Friday.
11:18I assume you will have a mattress by Monday.
11:22Yes.
11:23Great.
11:24On Sunday, he is putting out the mattress in the street.
11:29If you want it, get a mover and come and get it.
11:34If you don't want it, leave it.
11:38What?
11:38It is not just a mattress.
11:40It is a Serta perfect sleeper.
11:43It is a $5,000 bed.
11:45I don't care.
11:46Okay.
11:47He's putting it out.
11:49He's putting it out.
11:51If you want it, go get it.
11:56Right?
11:56Yes.
11:57But you have to go with a police officer.
12:01Mm-hmm.
12:02Escort.
12:02If you can't get a police officer escort, you can't go.
12:05The mattress is gone.
12:06Do you understand?
12:07Yes.
12:08If you can get a police escort with you and you want the mattress, get it.
12:14Right?
12:15Yes.
12:15Sunday.
12:16Now you have an order to leave him alone.
12:19So that's your case.
12:22You have a restraining order for three years.
12:25It was issued when?
12:26That was issued, the temporary restraining order was issued on the 26th.
12:31No, the final order of protection.
12:32The final order was issued July 17th.
12:35And what I want to know from you is, because you have a counterclaim, after July 17th, did
12:42the plaintiff have any communication with either you or with anybody that you know that you
12:49can prove?
12:50Yes, my employer.
12:51May I see what communication she had with your employer?
12:55And my probation officer, yes.
12:58After July 17th.
12:59Show me.
13:00I've read some of these emails.
13:06Your next step should be with some sort of a mental health expert.
13:10That's your next step.
13:11Help yourself.
13:13You feel like you appear to be an intelligent young woman.
13:16That's your next step.
13:18He doesn't want anything to do with you any more.
13:22Rebecca Elbrader is accusing her ex-boyfriend, Thomas Kidd, of stealing her high-priced mattress.
13:39Thomas claims Rebecca tried to ruin his reputation at work.
13:43May I see what communication she had with your employer?
13:48And my probation officer, yes.
13:50After July 17th.
13:52Show me.
13:57That's with my probation.
13:59This is not after July 17th.
14:01No, this was the...
14:03After July 17th.
14:05I don't want to hear anything.
14:06Right now, I'm thinking my own thoughts.
14:09Just show me communication that she had after July 17th.
14:13Do you understand that that's not permitted?
14:15Yes.
14:16Fine.
14:27This is Wednesday, July 17th in the morning.
14:30And this must have been before then the order of protection was granted.
14:35Did you have your hearing on July 17th?
14:38Yes.
14:38Okay, so this message was sent before you were given a protective order.
14:44This was at 9.59 in the morning?
14:46Yes.
14:47Okay, let's see.
14:48What do we have here?
14:49This is June 26th.
14:51So this is, whatever it is, it's June 26th.
14:55June 26th, June 25th.
14:58There was a temporary order on the 26th.
15:02I understand that.
15:03Temporary order was an ex parte order, which means you went by yourself.
15:07She wasn't there.
15:08Yes.
15:09Right.
15:10Okay.
15:10I got it.
15:11And when you had your hearing, sir, you gave these to the judge?
15:16That would, from the 26th?
15:18From the 26th, no.
15:20You didn't give these to the judge when you had the hearing on July 17th?
15:24You had to have.
15:25They formed part of your complaint for harassment.
15:29These were emails that she sent to your probation officer on June 26th.
15:33I did not receive those from my probation officer.
15:38Well, how'd you get them now?
15:39It was after I received my protective order.
15:42I know you received your protective order afterwards, but you had to have evidence to get your protective order.
15:48But I'm asking you, did you, in fact, introduce these emails that she sent in June when you had your trial?
15:57No, I did not.
15:58Have you seen your probation officer since?
16:00Yes.
16:01Okay.
16:01And probation officer knows that she has a problem?
16:04Yes.
16:04My probation officer also has a protective order against her.
16:07Okay.
16:08Your Honor.
16:09What?
16:10A stalking injunction was issued.
16:12What?
16:12A stalking injunction was issued, and it was unserved.
16:16I've read some of these emails.
16:20Your next step should be with some sort of a mental health expert.
16:24That's your next step.
16:26Help yourself.
16:26You appear to be an intelligent young woman.
16:28That's your next step.
16:30He doesn't want anything to do with you any more.
16:35Your Honor.
16:36What?
16:36I have four psychiatrists now, three psychologists, including one from my former employer.
16:42Okay, great.
16:43Good.
16:44I hope it all helps you.
16:46Your case is dismissed.
16:47Sir, the court handled your problem by granting you a protective order on the 17th.
16:51Should she violate that order by contacting you, or I'm sure the judge will expand that order
16:59of protection if you request it, or to your parole officer or anyone else, and I'm sure
17:05that you can get it modified if it doesn't already exist that way.
17:08I cannot order it.
17:10Yeah.
17:10But the judge can order it, right?
17:13And unless she gets this fixation out of her mind, I don't know what's happened since June
17:1817th, but the mattress is going to make any connection go away.
17:25Yes.
17:26You see, somebody with this kind of thing doesn't want to think of you sleeping on a mattress
17:31that she provided to you with anybody else.
17:34Exactly.
17:35I can actually understand that.
17:38It's the way a woman feels.
17:39You know, a man may not feel that way.
17:40It's a mattress, it's a mattress.
17:41Who cares who's on it?
17:44But a woman, especially someone who might be slightly unbalanced, can't live with that.
17:49So it would have been smarter for you to give her the mattress back as soon as she asked
17:53you for it.
17:53What do you want?
17:54The imbalance started after June 6th, after I was assaulted at his place.
17:59I don't believe that.
18:00Neither did the other judge.
18:02Your case is dismissed.
18:03We're done.
18:03Thank you very much.
18:04This court is adjourned.
18:10I'm very happy about it, and I feel like that was the right choice.
18:15She is a very wise judge.
18:16I think it was pretty fair.
18:17I kind of maybe thought maybe there was going to be a different judgment on my side, but
18:21it is what it is.
18:23Beauty fades, dumb as forever, so I accept it.
18:25I think it was just to try to just get back something she didn't want me to have.
18:29Well, time to move on.
18:31Well, I mean, she was trespassed off the property, so I mean, the officers, the law enforcement
18:36didn't find any reason to charge me with anything as far as assault.
18:41It was nothing like that at all.
18:44I really hope that he stays away from me and my family.
18:47You know, there's a pretty large part of me that feels like the plaintiff only brought
18:53this suit to see him again.
18:54I mean, I understood your point and her main claim about the mattress, and I could understand
18:59being a little bit ticked off that your ex-boyfriend is sleeping on this mattress that you brought,
19:04but at the end of the day, I think your ruling was right.
19:06She paid nothing for it.
19:07She did nothing for it.
19:08It's not like she had a new receipt for it.
19:10We don't deal in old mattresses.
19:12But I do have a legal question about the dates that you were asking him about, the communications
19:18between her and the parole officer.
19:20I understand that the temporary order of protection is an ex parte, meaning that only he showed
19:24up and filed for it and she was not present.
19:27However, why be so stringent with the dates on the communication?
19:31Because that order is just as valid as the final order of protection.
19:35She can't violate, even though it was an ex parte temporary, she still can't violate it.
19:40So I just didn't know why you were only concerned with the dates after the permanent.
19:43I'll tell you why.
19:44Because it's a question of notice.
19:47Okay.
19:48She wasn't on notice that any order existed that was signed by a court, that she had to
19:53stay away from him, stop harassing him.
19:56Giving her the benefit of the doubt that she had no notice, she certainly did have notice
20:01by the 17th that there was a final order, she was told by a judge, don't have anything
20:08to do with him, she had a full hearing, the court even took her phone, so she clearly
20:16has another phone, which is why his phone was important.
20:19So when you have a temporary order of protection, the defendant or the respondent in the temporary
20:27order of protection has to be on notice that it exists before they can be found to have
20:32violated it.
20:33Okay, but as long as that proof exists, I just want to make it clear to everyone out
20:37there that you still have to follow the order of a temporary order of protection once you're
20:41served with it.
20:41Once you're served.
20:42Yeah.
20:42Okay.
20:42Yes.
20:43Thanks.
20:45Are you a victim of an assault?
20:46Go to JudyJustice.tv.
21:03Go to JudyJustice.tv.
21:07Go to Judy 지
21:251.
21:27You
Comments