00:00Mr. Smith, the defendant is your former girlfriend.
00:02Yes.
00:03And she and her child moved into your apartment at some point.
00:07When was that?
00:08That was in February of 2014.
00:10When did you move out?
00:11Um, had to be maybe like February of this year.
00:15No, I'm just thinking.
00:16So don't meander in your mind.
00:18Sorry.
00:18When did you move out?
00:20I moved out in like February.
00:21Not like February.
00:22Give me a date in February.
00:24February 21st I moved out of 2015, this year.
00:26And you moved out, Ms. Dunstan, because according to your answer, you found out or you believed
00:32that he was cheating with somebody and you moved back with your mother.
00:34Mm-hmm.
00:35You found that out by going through his phone or going through...
00:38Facebook.
00:38His Facebook, whatever it was.
00:40Where if it's true that he was in fact fooling around, he decided to publicize it.
00:46I don't understand that.
00:50So I have a few questions for you, Ms. Dunstan.
00:52First of all, it would be fair to say that you were angry when you moved out on February 21st.
00:56Right?
00:57Yes.
00:57Now you would live there at that time for a year.
01:00Yes, ma'am.
01:00Did you have your own key?
01:01Yes.
01:02Did you have the key on a key ring?
01:04Yeah, my keys.
01:05Do you have a car?
01:06Yes.
01:06Is the key ring also on your car?
01:08Yes.
01:09So whenever you went out, you had your key ring on your car.
01:11Mm-hmm.
01:12Is that right?
01:12Yes, ma'am.
01:13And what about you, Mr. Smith?
01:14Did you have a car?
01:16No, I don't drive.
01:17You don't drive?
01:18I don't drive.
01:19Okay.
01:19And where did you keep your key?
01:21A key ring.
01:21Other than the two of you, were there any other adults in the home?
01:25No.
01:25Just the two of you, and children.
01:27Yes.
01:27You have three children, but they don't live with you.
01:29They don't live with me.
01:30Regularly, and you have one child.
01:31Yes, ma'am.
01:32Right.
01:32And how old is that child?
01:33He's four.
01:34Four.
01:34So he doesn't have a key.
01:35No.
01:36No.
01:36Right?
01:36No, he doesn't.
01:38So, Mr. Smith, I'm going to come back to you.
01:40Okay.
01:40Do you remember in the year that you and Ms. Dunstan were together, did either you or
01:47Ms. Dunstan ever put a key under the mat in order to let yourself in?
01:51No.
01:52If I were to ask you the same question, Ms. Dunstan, would that be accurate?
01:55I never, until I moved out.
01:57That's when I put the key ring under the mat.
01:58Okay.
01:59Now, tell me what kind of an apartment you live in.
02:01A regular two-bedroom apartment.
02:04Is there a management company?
02:05It's been a while since I lived there, so I don't remember the management.
02:08Well, it's not such a while.
02:08What do you mean it hasn't been a management company?
02:09Well, I didn't, like, we paid bills, but it wasn't like, um, I went down.
02:13I don't want to hear, like, was there a superintendent or a manager there?
02:17At the time, no.
02:18But there was one.
02:19Yes.
02:19There is one?
02:20Yes.
02:20Okay.
02:21Do you get your mail there?
02:22I got some mail there, but outside the P.O. box.
02:24Did you get your mail there?
02:25Yes, ma'am.
02:26Did you have a mailbox key?
02:27Yes, ma'am.
02:28So I don't even have to get into the fact of whether or not you took his stuff.
02:31You're responsible for everything that's missing in the apartment.
02:35Everything.
02:36Whether you acknowledge that you took it and sold it, which this witness is going to say.
02:40Is that right?
02:41Mm-hmm.
02:41I want to hear it anyway.
02:43Stand up, because you came all this way.
02:45What's your last name?
02:47Jones.
02:47Tell me what you know about Mr. Smith's missing property.
02:51Well, actually, I saw it in Walmart, and I actually confronted her about it.
02:54I'm like, you know, what's up with you and my boy and, you know, his stuff?
02:59Like, did you really take it?
03:00And she was like...
03:01Let me explain something to you, Mr. Jones.
03:03I'm not your friend.
03:04Okay.
03:05I'm the judge.
03:06So let's start off with, I confronted her in Walmart about what happened with his things.
03:11I confronted her in Walmart, and I asked, what happened?
03:15Did you really take his stuff?
03:16And she was like, well, yeah.
03:18I took it to Jones.
03:19I threw it away.
03:20He shouldn't have cheated on me.
03:21And I'm like, she's got to be crazy, you know, but...
03:24Okay.
03:25Now you can sit down.
03:26Whether I believe him or not, I don't know.
03:28It doesn't matter.
03:28For the following reason.
03:30By placing a key, which you said that you did, under the doormat, that's like an invitation
03:35for someone to come into the house, because that's what you say.
03:39Well, it could have been anybody.
03:40I left the key under the mat.
03:41First of all, I don't believe for a second that when you left, you did a very nice thing
03:45and placed the key nicely under the mat.
03:47But I believe in what you wrote in your answer.
03:50You could have very easily safeguarded the key to the house by putting it in the mailbox
03:54and locking it in the mailbox, sending him a text and saying, not to worry, I put the
03:58key to the house and all your things are safe because the key's in the mailbox.
04:02So either way, you either were a thief and took his property, or you were negligent and
04:06allowed someone else to enter the premises.
04:09Either way, you're responsible.
04:10Do we understand each other?
04:12Yes, ma'am.
04:12He claims there was a TV taken.
04:15TV?
04:16What else?
04:16His couch.
04:17Couch.
04:18Well, living room set, I'm sorry.
04:19Whole living room set.
04:20And his clothes and shoes.
04:22When did you buy all these things, sir?
04:24I bought them throughout the year.
04:25Me working and coming back, just buying.
04:28It was a seven-piece living room set.
04:30It was two TVs, my clothes and shoes.
04:32I collect Jordans.
04:34And so she knew that would be very valuable to me.
04:36And that's gone.
04:37You have all the receipts and items?
04:39Yes, I do.
04:41There you go.
04:44And now we're all.
04:45Okay.
04:54Chasing for the plaintiff in the amount to $4,700, the amount requested.
04:57That's all.
04:58Step out.
04:58Let's go.
04:59All together.
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