Case 92279:
A senior citizen sues a young tenant for damages done to an illegally-rented apartment.
Case 92324:
A tattoo artist claims a woman hurled a brick through his shop? front window.
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>> there's no vermin in the apartment.
>> Judge judy: You couldn't see them if they were there, sir!
>> Announcer: If he doesn't leave her home...
>> I'm still currently living there.
>> Judge judy: Why are you torturing this lady?
>> Announcer: ...Can she make him disappear?
>> I had to file two police reports 'cause she had people threatening me.
>> Judge judy: You have this much sympathy from me.
>> Announcer: You are about to enter the courtroom of judge judith sheindlin. The people are real. The cases are real. The rulings are final. This is her courtroom.
>> announcer: Elvera pope is suing her tenant, 20-year-old retail salesman david kraham, for damages to her property and for not paying rent for the last 6 months.
>> Byrd: Order! All rise. Your honor, this is case number 279 on the calendar in the matter of pope vs. Kraham. The parties have been sworn in. You may be seated. Ladies, have seats, please.
>> Judge judy: Miss pope, your complaint alleges that you rented a basement apartment in your home to the defendant, and he owes you for rent and for the substantial damage that you claim that he did to your apartment. The defendant says he didn't do any damage, the apartment was illegal, you invaded his privacy, and on and on. When did you rent him the apartment?
>> It was in january of this year.
>> Judge judy: Hadou y ever rented that apartment before?
>> I had my grandson there.
>> Judge judy: But only a relative?
>> Yes.
>> Judge judy: How long have you lived in the house?
>> 48 years.
>> Judge judy: Why did you decide to rent the apartment?
>> Well, when my grandson left -- I live on a very, very limited income -- and to be able to stay in the house that I've lived in for 48 years, i thought if i rented it, I could manage the bills.
>> Judge judy: So how did you get the word out that you had this apartment to let?
>> In my senior club, there's a woman whose daughter works for tracey real estate. I went to her, and she sent me david and his grandmother. At the time, i said, "I suffer from allergies. I would have to have someone who didn't have animals and who didn't smoke." She said, "fine." And they said there were no animals, they didn't smoke. But I have the letter, and i have the picture of the animals.
>> Judge judy: Okay. We're getting ahead of ourselves. What was the rent he was supposed to pay?
>> $650 with gas and electric.
>> Judge judy: So far, mr. Kraham, is that correct?
>> Everything except for the fact that she said she rented the apartment to her grandson. She's had two tenants there -- an older female, 40 years old, and the person before me was a male that was 40 years old. Everything but the lie about the grandson is correct.
>> Judge judy: But you agreed to pay $650 a month. You moved in in january of this year.
>> Yes.
>> Judge judy: When did you move out?
>> I'm still currently living there.
>> Judge judy: When was the last time you paid rent?
>> She took my deposit for the month of may, and that was pretty much the last time.
>> That was security.
>> Judge judy: You mean you haven't paid rent since may?
>> Since may.
>> Judge judy: Why is that?
>> Because she had a court order for me to vacate the premises. In new york, you have a state law -- as long as you can prove you're looking for an apartment, you can stay in the apartment for 6 months rent-free. I've been looking for an apartment.
[ Laughter ]
>> judge judy: You his grandmother?
>> Yes, I am.
>> Judge judy: Why doesn't he go live with you?
>> Because i live in florida.
>> Judge judy: What do you do for a living?
>> I work for a retailer that sells computer products.
>> Judge judy: So why don't you go live someplace else?
>> I had an apartment lined up, and the guy had to give the apartment to his son. The other guy lost his apartment in the city. So he said, "i hate to do this to you. I know you need the apartment, but my son has nowhere to live right now, so I have to give him the apartment."
>> Judge judy: Why are you torturing this lady? Young man, why are you torturing this lady?
>> I'm not torturing anybody, your honor.
>> Judge judy: According to her complaint, she's been back and forth to court with you 17 times.
>> Your honor --
>> judge judy: Housing court, i assume. Is that right?
>> No, actually, it's not, because it's an illegal apartment so she insists not going to landlord-tenant court. She insists to take it to civil court.
>> No, i went to --
>> judge judy: Just a second. You said something very interesting. It's an illegal apartment?
>> Yes.
>> Judge judy: Is that correct?
>> Yes. According to -- I'm aware.
>> Judge judy: It's an illegal apartment. So now you feel you got her?
>> I don't feel anything.
>> Judge judy: Oh, yes, you do. Now you feel, "i got her. I got her, and there's nothing i can do because she rented an illegal apartment to me. And I can stay there as long as i like, and I will continue to torture her." You are not a very nice young man, mr. Kraham -- at all! Your grandmother probably knows that.
>> Your honor, what she fails to mention to you is that i had to file two police reports against her because she had people calling me, threatening me, which I actually have something that i want to play for you.
>> Judge judy: I don't want to hear it. I'm not interested. Put it down. I'm not interested, sir. Mr. Kraham, how old are you?
>> 20 years old.
>> Judge judy: How old is she?
>> I'm not aware.
>> 76.
>> Judge judy: She's 76. She's entitled to live as long as she has to live in peace. And if it didn't work out, you'd get your behind out of her house. That's what a nice human being does. Doesn't say to a lady who's 76 years old who's lived in a house for 48 years, "i'm gonna stay here and torture you."
>> Nobody ever said that, your honor.
>> Judge judy: That's what you're doing. That's what you're doing. Yeah. Now, i'm not saying this lady was right in renting an illegal apartment. While I know people do that "all the time" -- don't get a certificate of occupancy for a 2-family house. Do you have your own bathroom?
>> Yes.
>> Judge judy: Okay, so, she rented you a place. It turned out to be not the right thing to do. So miss pope is suffering. She's not entitled to her rent. I assume that's what they've told you. Is that right?
>> Yes.
>> Judge judy: But, miss pope, you say that he damaged the apartment.
>> Oh, yes.
>> Judge judy: Let me see the pictures of the damage, please.
>> Would you like to see before?
>> Judge judy: I'd like to see before, and I'd like to see after.
>> And this is now. And this is now.
>> Judge judy: What I assume that you're complaining about, mr. Kraham, is that she had relatives call to threaten your life and your very existence if you didn't get out of the house.
>> Yes.
>> Judge judy: Really?
>> Yes.
>> Judge judy: Byrd, i want you to look at this. Would that be worth a little threat?
>> Byrd: I would.
>> As far as i know, there's a thing called "go to court and do everything legally." Seeing as how I'm the one that's underage, you would expect me to do threats. I went through everything legally. I spoke to a lawyer. He said as soon as she filed the report to say she wanted me out of the apartment and that she was suing me for whatever back rent there was, he said, "go to court. Do not pay anything till the judge tells you what you should pay."
>> Byrd: He's from brooklyn?
>> Judge judy: Uh-huh. Not only are you not a very nice person, mr. Kraham, you're also a slob.
>> But you know what, being a slob and creating damage in an apartment are two completely different things.
>> Judge judy: No, no, no, no, no, no, no. Let me explain something to you, sir. When you live in a house, vermin, roaches --
>> there are no vermin or roaches in the apartment.
>> Judge judy: You couldn't see them if they were there, sir!
>> Announcer: "Judge judy" continues in a moment.
>> There's no food on the floor.
>> Judge judy: That is an untenable situation for somebody to have to live with.
>> Announcer: And later today...
>> Judge judy: Why did you throw the brick at his window?
>> He had went where my boyfriend was working and claimed that i slept with three different guys.
>> announcer: Real cases. Real people. "Judge judy." Elvera pope says tenant 20-year-old david kraham has damaged her apartment and has failed to pay rent for the last 6 months. Elvera also claims david is squatting and she can't get him to leave.
>> Judge judy: Show him the picture. Try that one.
>> Yeah. If you notice, your honor, it's all boxes, videotapes. There's no food on the floor.
>> There's dog feces --
>> judge judy: Just a second.
>> There's dog feces all over the floor -- dog urine on the floor. The place is so smelly i get it up into my kitchen.
>> Judge judy: Shh, shh, shh. I got it. I mean, I got it.
>> May i say something?
>> Judge judy: Yeah, i'd like to hear from you. You sure you want to say it?
>> Yeah, i want to say it.
>> Judge judy: Okay. Take a look at the pictures.
>> I know that david is a slob. I raised david. His room -- his door was closed.
>> Judge judy: Take a look at the pictures.
>> I don't have to look at the pictures. I know. I know david. But what i want to know is if she's 76 -- I'm 66 and retired in florida and ill -- why does she call me up and threaten me?
>> Judge judy: What did you say to her when you brought your grandson to her home?
>> I didn't bring my grandson to her home. His godmother brought him. I was told by the real-estate agent that i shouldn't show my face or they wouldn't rent the apartment. We both come from new york. We know what that means.
>> Judge judy: I have no idea what it means, madam.
>> It means that i was not the right color. His godmother is italian. She was the right color.
>> Judge judy: There is no excuse for that.
>> I'm not excusing this. I'm telling you that this woman is calling me a [bleep] she's gonna break his legs. What kind of a way is that to speak to somebody on the phone?
>> Judge judy: Why don't you, if you know that your grandson is a slob and you know that he's creating havoc in this elderly lady's life -- why don't you say, "david, i don't care what it takes. I want you to leave her house. I will help you. I'll help you get an apartment. But it's not right for you. It's not right for her. If you want to live like a slob, go to some big apartment building where you have anonymity -- not live in somebody's house. I will help you. She's very aggravated, david"? That is an untenable situation for somebody to have to live with. Untenable, madam.
>> I agree with you.
>> Judge judy: Okay. Good.
>> What gives her the right to go in and take pictures? These are not the first pictures. She sent me pictures when he was still paying rent.
>> Judge judy: Listen to me. Why do you think she sent you pictures?
>> 'Cause she wanted to tell me what kind of a slob he was.
>> Judge judy: That it was making her life miserable.
>> Your honor, she had no business being in there in the first place.
>> I was in there with a plumber. The police were there. The police were with me.
>> Your honor, i had to call the police friday because I caught her son and another man --
>> i called
>> judge judy: I don't care. Listen to me! Get out of the house!
>> The cop told her she had no business being there whether she had the plumber or not. She had to call me for an appointment.
>> She did. We have the note.
>> Judge judy: Listen! I didn't ask you to speak. Let me explain something to you, sir. You have this much sympathy from me. You're a 20-year-old slob that clearly is so much of a slob that his own family doesn't want him in their house.
>> I didn't want to move to florida. You can make assumptions on the case. Don't make assumptions on my family life.
>> Judge judy: Listen to me. I have 5 children. And if any of my 5 children were 20 years old, had to go rent a basement apartment from a stranger, there would be a reason. And the reason was that the family for some reason didn't want him.
>> No. Actually, the reason is 'cause i want to live in new york. They want to live in florida. That's the reason.
>> And he's absolutely right. I raised him so he's always lived with me.
>> Judge judy: Well, that's wonderful. Then he should continue to live with relatives. If he can't live like a human being and comport himself like a human being, like a reasonable member of society, then he should live with family who's willing to tolerate it, not with some 76-year-old lady who wants to live in peace. Looks like to me $3,000 worth of damage in this apartment. Judgment for the plaintiff.
>> Byrd: The parties are excused. You may step out.
>> I'm gonna be dead if I'm not out of the [bleep] apartment. She got a call saying that my legs are gonna be broken.
>> David has nothing bad to say about me, so he has to make things up.
>> I'm not paying you rent for you to come in and out of my privacy.
>> He has dog feces all over the floor, and he wasn't even supposed to have a dog.
>> Everything she got she deserved.
>> Announcer: And now the next case.
>> Byrd: All parties in the matter of pauls vs. Mayers step forward, please.
>> Announcer: 29-year-old tattoo artist jason pauls is suing his former employee's girlfriend, 26-year-old student cheryl mayers, for throwing a brick through his storefront window.
>> Judge judy: Mr. Pauls, the defendant was the girlfriend of an employee of yours?
>> Yes, ma'am.
>> Judge judy: And for some reason you got into a verbal discussion with her. According to your complaint, she threw a brick through your storefront window. It cost you $1,500 to replace the window. You want her to pay for it. The defendant says that she threw the brick at your window, even though you didn't see it. She acknowledges she threw the brick at the window. But she says when she threw the brick at the window, it didn't break.
>> She threw the brick --
>> judge judy: Shh. Just a second. So you weren't there. So i'm gonna just go right to miss mayers. Why did you throw the brick at his window?
>> He had went down to florida where my boyfriend was working and claimed that i slept with three different guys while i was back home waiting for surgery and working.
>> Judge judy: So he was spreading rumors about you.
>> Yes, ma'am.
>> Judge judy: And you heard about it. What did you do?
>> Um, i was okay at first with me and wade arguing, but then jason pauls' girlfriend at the time and jason pauls hisself started threatening me.
>> Nobody --
>> judge judy: Shh, shh. Go ahead.
>> Anyways, with everything that was going on at the time and all the pressure, it...You know?
>> Judge judy: So what did you do?
>> I got in a car. I went by two of the guys' house that i had been accused of sleeping with and cussed them out.
>> Judge judy: First you cussed out the two guys because you thought that they had started these rumors. What time of the day or evening was this?
>> A quarter till 10:00.
>> Judge judy: In the evening?
>> Yeah.
>> Judge judy: And after you got finished cursing at them -- could you stand still?
[ Laughter ]
>> oh.
>> Judge judy: After you got finished cursing at them, you got back in your car.
>> Mm-hmm.
>> Judge judy: And where did you go?
>> I went by jason pauls' shop on governors drive and tossed a brick at the window.
>> Judge judy: Let's go slowly. You got back in your car, and you went to where his shop was. And everything, I assume, at that time was closed.
>> No, ma'am. Businesses were still open and operating, but he was in florida, so his tattoo shop was closed, yes.
>> Judge judy: When you got to his shop, did you already have the brick?
>> Yes, ma'am.
>> Judge judy: Where had you gotten the brick from?
>> The parking lot from the last people's house that I left.
>> Judge judy: So your intention was to take the brick and throw it in the window?
>> Yes, ma'am.
>> Judge judy: That was your next stop.
>> Announcer: "Judge judy" continues in a moment.
>> I did not hear no glass shatter.
>> I have a picture of it.
>> Announcer: Closed captioning sponsored in part by...
>> announcer: Real cases. Real people. "Judge judy." Jason pauls says former friend cheryl mayers hurled a brick through his storefront window. Cheryl says jason spread rumors about her sex life.
>> Judge judy: So you got out of the car.
>> Yes, ma'am. Stood by my door of my car.
>> Judge judy: How close were you to the window when you threw it?
>> Approximately from me to you.
>> Judge judy: And then what did you do?
>> Just tossed it.
>> Judge judy: Then did you get right back in --
>> sat right back down in my car and left.
>> Judge judy: What is your defense to this action?
>> I did not see the glass break. I knew that it had hit the window and i left, but i did not hear no glass shatter. Apparently, they were some type of plexiglass or something, but it's not pure glass like what a house window would be.
>> Judge judy: So? So you threw the brick at the window, you jumped in your car, and you left.
>> Yes, ma'am.
>> Judge judy: And your defense is "I didn't see the window shatter"?
>> No, ma'am.
>> Judge judy: Can i see the bill for the window?
>> Yes, ma'am. I also have a police report, which states that the window was shattered.
>> Judge judy: There's no question the window was shattered.
>> Here's the backside of my check where I paid to have my front door that was shattered replaced. Here's an estimate for the glass that -- where she had thrown it repeatedly and scarred the glass up.
>> Judge judy: I just want to see the bill for the glass window that she shattered.
>> That would be this. That would be the check.
>> Judge judy: That's for what, the window or a door?
>> The window. The door, the door. Excuse me. It's the front door.
>> Judge judy: Is the front door glass?
>> Yes, ma'am. It states it in this police report.
>> Judge judy: Okay. The front window is $341?
>> Yes, ma'am. I also have --
>> judge judy: Just a minute. And the door was $450?
>> Yes, ma'am.
>> Judge judy: Why did they have to replace the whole front door? Was that all glass?
>> That was one-piece glass. I have a picture of it.
>> Judge judy: I'd like to see it, please.
>> I also have pictures of the scarring on the other windows and the hole in the wall where the brick went through and actually hit the wall on the other side.
>> Announcer: "Judge judy" continues in a moment. Q m-m-m-m-m[? wwo ?C蒸 x a ~g????>?m/M.??O??
>> Judge judy: Who are you?
>> I'm -- I fixed the door while mr. Pauls was in florida. I was the first person on the scene after the police had showed up, and, uh --
>> judge judy: It's not necessary.
>> Okay.
>> Judge judy: It's not necessary. How old are you?
>> 26.
>> Judge judy: Do you work?
>> No, ma'am. Not at this time.
>> Judge judy: How do you support yourself?
>> Currently, I'm not employed.
>> Judge judy: How do you support yourself?
>> I don't.
>> Judge judy: How do you live?
>> I receive a check each month of $200 for back child support.
>> Judge judy: You have a child?
>> Yes, ma'am.
>> Judge judy: A child who lives with you?
>> He's not currently living with me neither.
>> Judge judy: Who does the child live with?
>> His father.
>> Would you like to see the police report as well?
>> Judge judy: Not necessary.
>> Your honor, i also have an itemized list of what it's gonna cost to have all the letters replaced on the front window.
>> Judge judy: Let me see it. It's gonna cost you $1,211. I'm not giving you credit for $165.63 for gas.
>> It's what it took for me to come back up there to have the window replaced.
>> Judge judy: You can have the window replaced by having one of your friends take care of it. Just because you didn't see this window break 'cause you got in your car too fast doesn't mean you didn't break the window. It's ridiculous to blame somebody else. Judgment for the plaintiff in the amount of $1,211.
>> Thank you, your honor.
>> Byrd: Parties are excused. You may step out.
>> Announcer: "Judge judy" continues in a moment. And on the next "judge judy"...
>> She admitted to busting the window.
>> I don't go around slandering no one else's name, so i'd appreciate it if he keep my name out of his mouth. I didn't bust the window.
>> It looked like she stood out there 20 minutes trying to get the window to shatter.
>> He's never been my friend, so there is no friendship to retrieve.
>> I think she took a whole truckload of bricks and tried to break the window, 'cause there was more than one brick there.
>> announcer: He committed a violent attack.
>> He punches me right in the eye.
>> I would never slug a woman.
>> These are the pictures of what happened that night.
>> Announcer: And he got away witht.
>> Judge judy: I am absolutely baffled why the police did not pursue this matter.
>> We had nothing but a runaround by the police.
>> Announcer: Is this lawyer above the law?
>> The attorney general determined that I was justified in what I did.
>> Announcer: A powerful "judge judy."
>> Judge judy: This is not acceptable, sir.
>> Announcer: You are about to enter the courtroom of judge judith sheindlin. The people are real. The cases are real. The rulings are final. This is her courtroom.
>> announcer: 42-year-old homemaker teri zicari is suing 38-year-old deputy district attorney michael abacherli for punching her in the eye. Michael says he only pushed her.
>> Byrd: Order. All rise. Quiet in the courtroom. Your honor, this is case number 344 on the calendar in the matter of zicari vs. Abacherli. Parties have been sworn in, judge. You may be seated. Ladies, have seats, please.
>> Judge judy: Mr. Abacherli, you were a tenant in a house that was owned by the plaintiff's mother?
>> That's correct, your honor.
>> Judge judy: And when did you enter intohis lease with the plaintiff's mother?
>> The lease was entered into on april 16.
>> Judge judy: Commencing when?
>> For may 15.
>> Judge judy: And was it a year lease?
>> It was.
>> Judge judy: So it terminated on june 15?
>> No, it actually would've terminated on may 15, 2001.
>> Judge judy: Now, when did this incident occur?
>> On july 8, 2001.
>> Judge judy: And according to your complaint, you went over to your mother's home with some other relatives...
>> Yes. My mother and my sister.
>> Judge judy: ...In order to secure the property that should have been vacated.
>> Yes.
>> Judge judy: And at that time, the defendant assaulted you?
>> Yes, ma'am.
>> Judge judy: Okay. Was the lease extended mr. Abacherli?
>> It was, your honor.
>> Judge judy: Until when?
>> Well, we had paid up until june 30, but there was a dispute about a deposit that had been paid on the property for cleaning.
>> Judge judy: Just a second. You had extended it to june 30 as a month-to-month tenant?
>> Correct.
>> Judge judy: And you paid your rent?
>> I did.
>> Judge judy: On the first of july, you had not paid rent, so you had no right to be there.
>> I had sent a notice to the landlord that I was going to hold over the tenancy because of the dispute over the deposit that was originally paid.
>> Judge judy: Just a minute. You should have been out of the premises on july 8 because you had not paid rent. Now, let's move back. I want you to tell me what happened when you got to the property on july 8.
>> When we got to the property on july 8, we knocked on the door and there was no one there. We went inside, and we were just horrified at the condition of the home when we walked in the door. I have pictures of the home.
>> Judge judy: I'd like to see them.
>> As we walked in and looked around, we realized that we needed to secure the property before any more damage had been done. The first picture is a picture of the home before, and the pictures following are thereafter. Mr. Abacherli's stating in his letter that on the date of july 1, he should be out of there and the house would be in move-in-ready condition, and that house was not in move-in-ready condition.
>> Judge judy: What happened next?
>> After seeing what had happened, we decided to go to wal-mart and get locks to change the locks and secure the gates so that he could not come in with the rest of his family and do any more damage. So we went to wal-mart. When we came back, mr. Abacherli was in the home. My sister and my mother entered the house. I was outside, and i heard a commotion. I heard her yell, "don't push me," and then I went in the house, and i guess he had apparently pushed her. So then he came back out. We told him to leave. He said he was going to call the police. I said, "i'll call the police. You just leave." He left the premises. I went across the street and had the neighbor call 911, stating that he had pushed my sister and i needed an officer there. I waited outside while my mother was inside changing the locks. He comes back about 10 or 15 minutes later and parks out front of the house. He decides he's going to come in. I told him he would be trespassing on the property. He tries to push by me, I push him back. He pushes by me, runs to the front door, and kicks the front door in, comes back out. His wife comes with his daughter and son, i guess, in another vehicle. They pull up, she's screaming profanities at us, telling us that we can't keep her car in the yard and stuff. I told her, "we're not trying to keep your vehicle. I will open the gate, and you're more than welcome to take it." Anyway, as this commotion is going on outside, him, his wife, and his daughter and them are all jumping over the fence onto the property after he'd already been told by the dispatcher to wait outside, because we had called 911 again.
>> Judge judy: Outside of the gate?
>> Outside of the gate. Anyway, his wife came over the fence. My sister and his wife got into an altercation, then the daughter came in and got involved with that. He jumped over the fence and fell down, and at that point, he says i was kicking him, which i was nowhere near him. After that, I ran over and tried to break it up. I told them to stop. The neighbor was over there holding my sister, telling her to let go and the wife to stop. They stopped, that got settled, and then they started moving the rest of their stuff out, which was fine, because we weren't there to stop them. If an officer was present, it would have been much better for them to have waited. They had gone and gotten a few things. He came back out, pushed by her, and as he walked by me -- I'm standing in the driveway, saying, "will you just calm down here?" He walks by me and just punches me right in the eye. And I just went back, and it was like -- I didn't know if i had an eye there. All I could see was white. I do have pictures of the incident. I said to him, "what the hell did you punch me for, you
[bleep]? I didn't do anything to you." And he just looked at me like this and kept walking. These are the pictures of what happened that night. Anyway, after that, they continued to get their stuff out. It took five 911 calls to finally get an officer to get there.
>> Judge judy: Okay. That's the assault that you're complaining of?
>> Yes.
>> Judge judy: All right. I'll hear you, sir.
>> Well, essentially, as she stated at the beginning, it's true -- I was inside the house, I heard somebody yell, "hello," and the next thing that I knew, the plaintiff's sister and her mother walked into the bedroom where I was boxing stuff up and cleaning up. They were yelling profanities at me. I was pushed by her sister, who then told me not to push her. I started moving out of the residence at that time because i knew there was a problem, and i was telling them, "this is something that really needs to be handled in court. You need to file an unlawful detainer. I've sent you letters about this." I have the letters that I sent over the whole course of the tenancy about the problems that we were having on the property.
>> Judge judy: What kind of problems were you having, sir?
>> The first day that we moved in, we discovered that there was all kinds of property from the plaintiff's mother that was left on the premises. The house had not been prepared for us to move in. The day we moved in, the plumbing in the house stopped up. We had to have a plumber come out, and we were advised that that was from rust in the lines, that it would take about 10 to 20 years for that amount of rust to accumulate.
>> Judge judy: Why didn't you move out?
>> I had paid her a $1,000 deposit in order to clean the property up.
>> Judge judy: Just a minute. You paid her a $1,000 deposit to clean the property up or a $1,000 security?
>> No. On april 16, she told me she needed $1,000 in order to clean the property up. There was all kinds of stuff in the backyard, there was stuff in the front yard, there was stuff in the area by the pool where the pump is, and she said that because she's older, she was having problems getting everything cleaned up. I understood that. She said that she needed the deposit then and she would use that to clean the property up.
>> Judge judy: You mean the security deposit?
>> Yes.
>> Judge judy: So it was security deposit.
>> Yes.
>> Announcer: "Judge judy" continues in a moment.
>> Judge judy: If you had waited with your husband outside the fence, this wouldn't have happened. But you got hot. Sit down. Real people. "Judge judy." Teri zicari says her mother's tenant, michael abacherli, blindsided her with a punch to the eye. Michael says he intervened because teri's sister attacked his wife.
>> Judge judy: Now, what i find interesting is, this could have been resolved very easily without all of these letters, because what you wanted back, i assume, was your $1,000 security deposit.
>> Not in the beginning.
>> Judge judy: What did you want?
>> In the beginning, i just wanted the property to be cleaned up.
>> Judge judy: If you're not happy with the property, say, "I'm moving out of this place. It's uninhabitable, and I'm leaving." Don't live there for more than the lease and then complain about it.
>> I was trying to work with the plaintiff's mother in order to clean the property up, and i spent a lot of time and money --
>> judge judy: Why would you want to do that if you're only going to be there for a year?
>> Because it was a place that we could live. We looked for a long time to find a house that would be adequate for us until we purchased another house.
>> Judge judy: All right. So you wanted to keep your house nice and clean because you were going to be living there for a year. I still don't understand why you would not be out by the 30th of the month.
>> Because of the dispute over various things that had been done during the course of the tenancy.
>> Judge judy: Why didn't you vacate the property by june 30 and then institute a lawsuit and say, "I did not have full use and enjoyment of the premises" instead of talking about holdover proceedings, staying on after your lease? You had been out of the property, clearly. When did you move into your new house?
>> On july 2, 2001.
>> Judge judy: So that's still two days over.
>> Right. We were actually in the process of moving. There were still a few items that were on the property.
>> Judge judy: Well, they shouldn't have been there. You were out and you didn't pay your rent, so you should have been out. This is pretty serious injury. Were you arrested as a result of this assault?
>> I was not.
>> Judge judy: How come?
>> Because i was also assaulted.
>> Judge judy: Not by her.
>> No, not by me.
>> Well, i was assaulted at the point where I believe that her eye became injured. I think I may have struck her in the eye at the point that i jumped over the fence and fell down. What happened was, i had called dispatch at the time that I left the property, and they told me to wait out in front of the property until a law-enforcement officer arrived. While I was waiting in front of the property, my wife, my daughter, and my daughter's boyfriend arrived at the property, and my wife immediately demanded that they remove the chain off the fence so she could get her car.
>> Judge judy: Why didn't you say to your wife, "the police will be here any minute. Just wait so there's no confrontation. Just wait, and then you get your car"?
>> I was sitting inside my car at that time. When my wife said that, I saw the plaintiff's sister come out of the residence and move towards the car. I thought, based on what had happened prior to that, that she was going to damage the car, so i jumped over the fence, and i fell down. I had my cellphone in my hand because I was on the line to 911. At that point, the plaintiff started telling me that I was under arrest and just to stay on the ground. When i looked over towards my wife, she was now inside the yard, and she was on the ground with the plaintiff's sister, and they were fighting. I saw a man standing over them.
>> Judge judy: You shouldn't have gone onto that property.
>> I wanted my car.
>> Judge judy: Then you wait until the police arrive!
>> We had waited -- [sighs] I'm sorry. We had waited. It had already been two hours, and I couldn't figure out why my husband hadn't come home. My daughter had just come up to visit us and had passed by the house and said that they were waiting for the cops to come.
>> Judge judy: So?
>> Then I asked her to drive me over there.
>> Judge judy: So?
>> I asked them, when I got there, if I could get my car, and they said no.
>> Judge judy: You're supposed to wait for the police to come. If you had waited for the police to arrive, which i assume they ultimately did...
>> Ultimately.
>> Judge judy: ...None of this would've happened. If you had waited with your husband outside the fence, this wouldn't have happened. But you got hot. Sit down. This is not acceptable, sir. I'm just absolutely amazed that you weren't arrested. That's a pretty serious injury.
>> We had nothing but a runaround by the police department and everyone else because this man is supposed to be respected.
>> Your honor, if I may. I was assaulted also. I was hit over the head with an object that split my head open. I don't believe that it was the plaintiff, however, it was somebody that was standing behind me, and i required five staples as a result. I don't have pictures of the injuries, but I do have medical records that show that, in fact, I was also assaulted.
>> Judge judy: I believe that you were. You stated in your answer that you were assaulted. The problem is, you don't know who assaulted you.
>> Correct.
>> Judge judy: And that still doesn't explain this.
>> Your honor, at the time that i went over the fence --
>> that's not when it happened, your honor. My sister was present.
>> I jumped over the fence, i fell to the ground. When i looked over, I saw that my wife was fighting, and there was a man standing over her and a woman on top of her. The plaintiff was pushing me down to the ground and telling me that I was under arrest, to stay down. I pushed away at her so that i could get to my wife, and i believe that may be when that happened.
>> Judge judy: This wasn't a push.
>> I never struck her in --
>> judge judy: This isn't a push.
>> I did not punch her in the way that she's describing.
>> Oh, no? It just happened by itself?
>> Judge judy: Just a second. This, sir, is not a push. Even when it's cleaned up, this is a slug right in the eye.
>> Your honor, i would never slug a woman.
>> You already have.
>> I would never hit a woman like that.
>> Judge judy: Didn't you see the pictures?
>> I saw the injury at the time. She stepped up to me and said that i had cut her eye, and i saw that. I didn't realize that I had done that.
>> He was probably high at the time, your honor.
>> Judge judy: I don't know if he was high at the time. He was angry. But this whole problem started because of his wife. There's no question that it all started because of her.
>> Your honor, i have to say that's unfair to my wife. She was not the one screaming profanities at the time.
>> Yes, she was.
>> Judge judy: Just a minute. Screaming, screaming, screaming does not do this.
>> Announcer: "Judge judy" continues in a moment.
>> Judge judy: I am absolutely baffled why the police did not pursue this matter. I am absolutely amazed that they did not. I was a prosecutor for many years.
>> Announcer: Closed captioning sponsored in part by...
>> announcer: Real cases. Real people. "Judge judy." Teri zicari says her mother's tenant, michael abacherli, punched her in the eye. Michael says teri's sister attacked his wife.
>> Judge judy: Let me tell you, sir, if you were standing outside, because you were certainly abiding by what you had been told -- "wait outside for me" -- right? When you spoke to the police?
>> Yes.
>> Judge judy: You were doing that. If the police had arrived -- you were outside, they were outside -- you would have said to the police, "I still have property inside the house. When they resolve everything else, I want to go get the rest of my stuff." Police officer would have instructed them to unlock the gate. You would've gotten your property, your wife would've gotten her car, and you would've left. And then, if you wished to pursue a matter civilly with regard to these people because you felt that they had not fulfilled their part of their agreement, you could've pursued the matter civilly. That's what would've happened had your wife not insisted that she enter the property before the police arrived to get her car. That's why it's your wife's fault -- because she was the precipitating factor. You should not have been there on july 8. Your tenancy was up. You had not paid rent. There was not an order permitting you to be there. You had, in fact, moved out into your new house. Albeit you didn't move out on the 30th of the month, you still stayed over two days because your house probably wasn't ready or you didn't have a closing date for those two days. For all intents and purposes, you were out of the house. The house, i've seen worse, but was not left in certainly pristine condition. That's irrelevant. What's relevant is but for her conduct, this whole problem wouldn't have happened. And, quite frankly, I am absolutely baffled why the police did not pursue this matter even though you may have been assaulted. They may have had on their hands a case of assault where they didn't know who the perpetrator was, but they certainly knew who the perpetrator was of this, and if you're a nice young man, and i assume that you are, i assume that you wouldn't have spent any time in jail. But I'm quite certain that the police should have pursued this matter. I am absolutely amazed that they did not. I was a prosecutor for many years.
>> Your honor, again, if i may. The case was submitted to the attorney general for review. They reviewed the case, and they determined that, in fact, I was justified in what I did.
>> No, no. Unh-unh.
>> There were a variety of other charges that were also lodged against the other parties in this case.
>> Judge judy: Why was it sent to the attorney general's office?
>> Because of his position as being a deputy district attorney in barstow. We couldn't have it heard in that court because he's being under investigation for criminal, um, criminal charges.
>> Judge judy: So that's why it went to the attorney general's office?
>> There was a conflict of interest in my office.
>> Judge judy: Okay. In any event, you were lucky. You still have a scar on your eye?
>> Yes, ma'am, i do.
>> Judge judy: Would you step up here? I'd like to take a look at it.
>> It's on the left eye here.
>> Judge judy: Oh, it doesn't look so bad.
>> Not now, it doesn't. Makeup does wonders.
>> Judge judy: [ Laughs ] don't we know that? How's your vision?
>> It's a little blurry, and i've been having headaches and nightmares from it.
>> Judge judy: Headaches -- we all have headaches. Nightmares...Doesn't look so bad.
>> I'm also seeking counseling. I'm going to therapy. Would you like me to step back?
>> Judge judy: Please.
>> Thank you.
>> Judge judy: Part of the thing that you're suing for is for mental distress, and i see a psychiatric evaluation here that was done on august 9. You have been in therapy before, is that right?
>> No, ma'am. I started in august.
>> Judge judy: You never were taking any medication before august?
>> Yes, I was. I was seeing a regular family doctor for anxiety.
>> Judge judy: What kind of medication were you taking?
>> I believe it was called, um, celexa or something like that. It was to keep me from... To be mellow and not have --
>> judge judy: Right, because you have a sort of histrionic personality.
>> Yeah. I'm very hyper.
>> Judge judy: How long had you been taking that medication?
>> For about three weeks.
>> Judge judy: Prior to this?
>> Yes.
>> Judge judy: Before that?
>> Before that, I seemed to be just doing okay.
>> Judge judy: So it was a recent onset -- the need for psychiatric medication? You haven't suffered with these problems your whole life?
>> No. Well, i don't think so. I mean, I could have, but...
>> Announcer: "Judge judy" will continue in a moment. 88
>> judge judy: Sometimes bad things happen to nice people, sir. I don't believe you're probably a bad person. I think that this whole situation got out of hand. It should not have gotten out of hand, especially somebody who's charged in a position of some responsibility and authority. You owe to the community a higher standard than civilians. I always felt that way when i was a prosecutor.
>> And i agree with you.
>> Judge judy: Okay. So this whole situation got out of hand. She was injured. She was injured by your hand. She had substantl medical bills. She will continue to have some medical bills. She's suing you for $5,000. That's the judgment of the court. That's all.
>> Byrd: Parties are excused. You may step out.
>> Announcer: "Judge judy" will continue in a moment. And on the next "judge judy"...
>> Judge judy is one of the best.
>> Obviously i thought i was defending my property and my family.
>> When I saw her with her blood running down her face like that, I just couldn't believe that this person did this to my daughter.