02x135 - Baby Bird Fatality and Dedicated Grandmother: Deliquent Father

[bunniefuu]

Your dog k*lled their bird
in their house.

She literally was like,

chewing her up, and dropping her,

and biting her again, you know.
Everything was happening so fast.

The story has changed two or three times
at this point.

The story...

it's sad.

- Really?
- [Narrator] This is Judy Justice.

[Narrator] Patricia Franchini

and her husband, Giovanni Nunez,

are suing their neighbor,

Scott Ellam,

for the cost of a baby macaw bird.

[Bailiff] Court come to order. All rise.

Have a seat please.

- Hello, Judge.
- Hello, Kevin.

Case 2194.

- Franchini, Nunez versus Ellam.
- Thank you.

You're welcome.

Ms. Nunez?

- Yes.
- Your husband?

- Yes, ma'am.
- You and Mr. Allam?

- Ellam, your honor.
- Ellam, are neighbors?

- Yes, ma'am.
- And you have

backyards that are joined,

separated only by a fence.

- Yes, ma'am.
- Yes, ma'am.

What kind of fence?

It looks plastic. I'm not sure.

Who has the picture of the fence?

And you each have, as it would happen,

dogs at the same breed.

- No, ma'am.
- What do you have?

I have a Shetland Sheepdog,
and a Dutch Shepherd.

What do you have?

- I have Shepherd mixes.
- How many dogs?

- Two your honor.
- You have two?

- Yes, ma'am.
- This is what the case is about.

This is the fence, it's
not a chain link fence.

It's either a wooden or a plastic fence,

and you can see that underneath this fence

there's a board here where I assume

there's a hole because the dogs

dig to get to each other.
Is that a fair statement?

- Yes your honor.
- Fair statement?

Yes, ma'am.

OK. Good.

Case is about an incident that occurred.

You've been neighbors for a while

and you have had this
dog digging also for a while.

Also correct?

- Yes, ma'am. The defendant's.
- OK.

This incident happened

- on the 16th of December, 2022.
- Yes.

Why don't you tell me what happened?

I got up that morning

- to let my dogs out.
- Both?

One dog. OK, so,

The day started out
me and my husband woke up.

My husband had to get a tire fixed,

so he took my smallest dog,

my Shetland Sheepdog with him.

- I remained home with my two children.
- Slowly.

OK.

- Sorry.
- How old are your kids?

They are six and seven, ma'am.

- OK.
- I remained home with my children

cause they were ill
and we had an appointment

later on that day.

My husband went to fix the tire at 8am.

I got up in the morning to let my dog out.

Slower. You got up in the morning
to let your dog out.

- Yes.
- The Shepherd mix?

- Yes, ma'am.
- OK.

I let her out and then she came back in,

and I was cleaning.

And my two children
were in my master suite

with my macaw,

- Penelope.
- OK, that's what the case is about

- This case is about a macaw.
- Yes.

- The cost of a macaw, which is a bird.
- Yes, ma'am.

- Go ahead.
- My kids were in the master suite.

I open the door, I'm out there cleaning.
I let my dog out of my

- sliding door
- And the dog came back?

She came back. Well, then
she stayed by the door.

None of my windows have curtains...

Just a second. She stayed by the door,

- She was inside?
- She came back. I shut the door.

This was 20 minutes went by.

She's by the door crying.
I told her we'd play later.

I assumed she had to go to the restroom.
I let her out again.

She stood on the step

but she didn't go further than that.

She was just kind of staring out.

From the left side of the house

is where the defendant's dog, Bella,

charged in my home.

And then when I tried to grab her...

- When you say his dog, Bella,
- Yes.

came to the side and ran in the house,

that doesn't... somehow,

if the dog, Bella,

came and your dog's on the step,

it would seem he would stop
on the step at first

to sniff, play with your dog

if your dog was sitting outside.

I mean, I have dogs.

It would go to the dog first,
not into your house.

You would think that, ma'am,

but she's been in our house
three times before this

because I had to return her

to the defendant
on three separate occasions.

- And?
- And she didn't do that that day.

When she came
in the three other instances,

I remember the very first time

someone from that household
came to my door.

I knew the dog was in my yard,

I didn't open my door. I left her there.

I figured they'd come. They did.

And I said "hold on a second."

I put my kids and my Shelty

in with my bird and shut the door.

We're talking about
the same date in December?

- We're talking about other days that I...
- Don't.

Let's not go on tributaries.

- Yes, ma'am.
- What's your dog's name?

- Lucy.
- Lucy.

So, the dog went straight into your house.

And what did Lucy do?

Lucy charged after her
and tried to attack her.

OK. So, the dog has been
in your house before.

Have there been incidents
with the two dogs?

No ma'am. The defendant's dog
is submissive to my dogs.

The only time I brought the dog in

was when I shut all the doors
to my bedrooms.

Someone from the defendant's home came.
I opened up the front door,

brought her in, she went out
'cause there was nowhere for her to go.

So, it's your dog that is the...

Lucy is the more aggressive dog.

Lucy's never been aggressive with her.

Lucy was aggressive that day because
of the way she came in the house.

You say Lucy was aggressive,
what'd she do?

She started growling at her,

- She started...
- In the house?

- Yes.
- Now they're in the house.

Put a period there.
We have two dogs in your house.

- Yes.
- And they are growling at each other.

So that's not a happy picture
cause they're big dogs.

- Yes.
- Now let's get to the bird.

- You purchased a macaw.
- Yes, ma'am.

You have a photograph
of what they look like?

- Yes.
- When did you purchase the macaw?

I purchased her with payments over time.

I completed the purchase
at the end of September. September 30th.

This is the macaw.

- Yes, ma'am.
- A parrot.

- Yes, ma'am.
- In December how old was she?

She was gonna be 8 months.

And how much did you pay for her?

I paid $4,320.08 for Penelope.

- Can I see the bill?
- Absolutely, ma'am.

- Her birth certificate along with...
- She's beautiful. Pretty bird.

Thank you, ma'am.

She bolted in my master suite
where my kids were.

Lucy?

- No, Bella.
- Bella.

Bella did. And I went in there,

I heard my kids screaming

"Bella is k*lling Penelope."

[Narrator] And, later today...

- Is there something wrong with your mind?
- No.

Did you just say to me... am I crazy?

Did he say he owed back child support?

- To her?
- Yes.

Yes.

[Narrator] Patricia Franchini

claims her neighbor,

Scott Ellam,

owes for the cost of a baby macaw bird,

k*lled by Scott's dog.

Tell me what got you interested
in the macaw.

Earlier this year, full disclosure ma'am,

I had ended up in the hospital,
very sick for two weeks.

And I was going through a lot, and,

I started volunteering at the bird store
down by my home

and I really liked the Hahn's macaw,

because my grandma had one
when she was younger.

Slowly.

Yes, ma'am. So I spent a lot of time
bonding with the birds there.

My husband and I thought it'd be good
and therapeutic for me,

- given what I'd been going through.
- OK.

Now the two dogs are in your house,

sort of fighting with each other.

- They did not fight, ma'am.
- Well, growling.

- Yes, ma'am.
- Growling at each other.

And tell me what happened with Bella

and the macaw.

I tried to calm Lucy down.
My master door was open.

Everything was happening so fast. I'm
describing it slowly, but it was quick.

She bolted in my master suite
where my kids were.

Lucy?

- No, Bella.
- Bella.

Bella did. I heard my kids screaming

"Bella is k*lling Penelope."

- That's the bird?
- Yes.

And I tried to get to Bella,

I couldn't. My dog was standing between us

while I was with the dogs
my son thought, I'm going to get her

And that's when he got,

Bella kind of snapped at him
and she scratched him.

And so then, I couldn't get her.

She literally was like,

chewing her up, and dropping her,
and biting her again.

And it wasn't until my Dutch Shepherd
bit her on the nose,

she finally let go.
I swooped in to grab her

I booked it to my pantry with my kids
and Lucy stayed in front of the door.

I have a door on it and
I just stayed there.

Called my husband,
I was screaming on the phone.

He got home. I don't know how long it was.

Probably five or ten minutes
but felt like forever.

And where was Bella during this time?

Bella was around the pantry
with the bird in her mouth.

I took the bird from Bella
and I put her to the cage,

and Lucy just stayed by the parrot.

I opened the door and talked to the kids.

They were all hysterical

- I was trying to understand what she...
- Where was Bella?

Bella was in the kitchen with the parrot.

And how did Bella get back
to the defendant?

- I walked her over.
- How'd you do that?

Kind of how a mother pup
grabs her by the neck.

I grabbed by the neck and walked her over.

OK. Your dog k*lled their bird
in their house.

And?

Your honor, the hole that allowed
Bella to get into their backyard

was primarily dug

by their dog over the course of many,
many months.

And?

I continued to repair
my side of the fence.

Their dog continued to dig the hole.

Destroyed wood that I'd put there.

The dog got through.
And that story, it's sad,

but that's not the story
that he gave to my wife

when he came pounding on my door.

Well you can't tell me
what he said to your wife, sir.

OK, that's fair your honor. I can tell
you what he said to me. I called him...

You can tell me what he said to you.

But just, you have to understand,

he wasn't home when your dog
got into the house.

He came home at the end of the episode.

- Do you understand that?
- I understand that.

OK. Understanding that,

you can tell me your version
of what he said to you.

What they've both said to me.
I've had conversations with both

- of them since this has happened.
- OK.

The story changed two or three times.

First it was,

she was doing something in the backyard
and Bella just came charging in

and basically knocked her out of the way,
and got inside.

The first story was,

I assumed the entire time that he was home

'cause when he was talking to me...

I don't care what you assumed.
He wasn't home when it started.

Your problem, sir, is...

first of all, you were aware of the hole.

I don't care who dug it.
You were aware of it.

And it's not the first time

that the dog has gone onto their property.

Has their dog got onto your property?

- No, because I fix my side of it...
- So, the answer is...

- the answer is no.
- Correct.

Who do you live in your house with?

My wife and my children.

How old are your children?

I have a one-year-old.
I have a seven-year-old.

Let us say it's their fault

that the hole existed
that allowed your dog to get out.

But you're aware of it because
it had happened before

that they had to bring your dog back.

- That a fair statement?
- That's fair, yes.

OK. Let us assume that it was your dog

that was responsible for the hole,

and their dog,

despite the fact that yours
was a better digger,

you know, having dogs and having a fence,

they both dig

at the same place.

They may not have fixed their side,
but they both dig

at the same place
trying to get to each other.

Whose fault do you think it would be

if their dog created
the major part of the hole,

got into your yard,

and bit your one-year-old?
Whose fault would that be?

I think it would be equally our faults.

-Really?
-Absolutely. Yeah.

- Really?
- For digging,

for not taking care of
your property, absolutely.

Really? I actually find that answer
sort of bizarre.

I would take responsibility
if my child got hurt

due to something that
I didn't take care of.

- Absolutely, I would.
- You may feel guilty about it,

but you would certainly want them to pay
all of your child's medical bills.

- No, I would not.
- Then you're a better person

than the law is, sir.

Because your dog
was outside of your control,

clearly, because it got into their house.

It was something you were
aware was a possibility,

no matter who dug the hole.

So you were aware
because it had happened before.

And your dog caused damage.

And the damage your dog caused,

and I'm putting the emotional distress

these two young children

and the plaintiff,

seeing your dog k*ll this bird
that they had been paying off,

so much per month for a very long time.

Putting aside that,

they paid $4,300 for this property

that your dog destroyed.
And that's your fault.

You're responsible for that.

So, if because of this problem,
and your dog has a problem,

and their dog has not
come on your property

but your dog comes onto their
property. Then you have to say,

you know what, I'm not letting
my dog go out unsupervised.

Because it has created trouble in the
past. May have been their fault,

'cause they didn't
fill in the hole as quickly

or as carefully as you did,
but you knew that that happened

and you're responsible for the damage.

It would be no different than if
the dog ran inside

and as she was trying to get the dog,

the dog bit her
and she had to have surgery

and she had to have a plastic surgeon
deal with reconstruction.

Who do you think would be responsible
for that? That would be you.

And just because it's a poor little bird

that happened to be the victim,
doesn't make you any less responsible.

Judgment for the plaintiff
in the amount of $4,300.

- We're finished.
- [Bailiff] Court is adjourned.

I feel like it was justice for Penelope.

When a homeowner
doesn't take care of their property

and someone lets another dog
in their house,

they shouldn't be blaming
other people for that.

It was extremely difficult

to hear my kids screaming like that
and do nothing to calm them down.

The judge's ruling is the judge's ruling.

I hope that he never gets
another pet again.

I don't think there's gonna
ever be a relationship,

which is totally fine by me.

One of the most interesting things
about that case is

I don't think the defendant's dog, Bella,

was a quote-unquote aggressive dog.

But I didn't get a hint that the other dog
was even aggressive.

By the fact that the husband was able to
walk her back by the scruff of the neck.

If that's an aggressive dog,

they would turn around
and give you a nice little snap, so,

that says to me that

although the dog
didn't obviously do it on purpose,

what are you gonna do?
You're responsible as a defendant.

You let your dog out.

It's an act that's happened
more than once.

You're on notice.

Dog is out of your control.
You're responsible.

That's the bottom line.

Case 2202. Young versus Buchanan.

All parties please come forward.

[Narrator] Essie Young

is suing her granddaughter's father,

Keith Buchanan,

for an unpaid loan,
she gave him for a car.

Ms. Young, the defendant
is married to your daughter?

No.

He is the father of your grandchild?

Yes.

- Did he and your daughter live together?
- No.

- Where does your daughter live?
- In Maple Shade.

- Were they ever married?
- No.

- They have one child?
- Yes.

- Who's 12?
- Yes.

Did you live together
with Ms. Young's daughter?

At one point she lived with me
in Maple Shade.

How long ago?

This was 2010, 2011.

- You mean when your daughter was a baby?
- Yes.

How long have you had custody
of your granddaughter?


My daughter never stayed with him.

- I don't know that. He says she did.
- Yeah, but she didn't.

So, she got that money that he owed her

for child support
for taking care of his daughter

and he wrote that off of a loan.

- Is that what you're telling me?
- Yes.

Oh my God.

[Narrator] Essie Young

claims her granddaughter's father,

Keith Buchanan,

refuses to payback a loan
she gave him for a car.

This is a very simple case 'cause I don't
have to get into the history of why

you have custody of your granddaughter.

- Yes.
- Mr. Buchanan, according to you,

asked you for a loan

- to buy a car.
- Yes.

- When was that?
- Before he got it,

he was calling every day.

Did you maintain a relationship with him?

Yes and no.

- Would he visit his daughter?
- No.

- Ever?
- Once in a blue moon.

- OK.
- I usually have to take my granddaughter

to see him.

OK. It's sort of odd to me
if he was never married to your daughter.

So, they didn't have
a formalized relationship.

They don't live together now.

Why would you loan him...

I know that you did.
Why would you loan him money?

Except you're a very nice person.

My granddaughter asked me to.

She said "Grandma,
would you please help my dad?"

I told her "I really don't want to."

She said "could you please do it for me?"

Oh, different story.

Yes. And then I said "OK."

OK. So, you discussed with your daughter

during one of these visits
that you needed money to buy a car.

No. Never did.

- You never did?
- No.

-Who is this person?
-That's my wife.

- Does she work?
- Yes.

- Do you work?
- Yes.

Why would you ask
your daughter's grandmother

who takes care of her,

who's always taken care of her.
You don't.

Neither does her mother.

Why would you not ask your wife's family?

You both work.

Take out a loan.

Why would you go to her
and ask her for money?

It was a situation that happened.
I lost my previous car.

I contacted Essie. I talked to Essie...

No, I'm asking you why you would ask her?

What would prompt you to call her?
Doesn't she have parents?

She do. I did.
At the time they couldn't help.

So, you went to her parents first?

I went to her family first.

They said they're sorry,
they can't help at the time.

Misses Young was my last resource,

which I didn't want to use,
but at the time, I had to use it.

I had no other choice.
I had to hurry and get a vehicle.

Why didn't you take out a loan?

- I couldn't.
- What do you mean couldn't?

'Cause my credit's not all that great.

I tried to take out loans. I tried...

- Does your wife have a car?
- Yes, she has a car.

- Why don't you use her car?
- She work.

I work an hour and a half away from home.

And she work too.
And we worked around the same time.

How much money did you borrow from her?

- $2,000.
- How much did you give back?

- $912.
- $912.

Show me.

On page four, May 5th, 2022,

she got $912.

-From what?
-From my taxes.

We agreed on once I filed my taxes

I would get her $2,000 from my taxes.

She got $912 from them

that same taxes
'cause I owed backup child support.

So, she got on top of my regular payment
for child support

plus $912.

What?!

- Is there something wrong with your mind?
- No.

Did you say to me... am I crazy?

- Did he say he owed back child support?
- Yes.

And so she got that money that he owed her

for child support,
for taking care of his daughter,

and he wrote that off of a loan.

- That's what you're telling me?
- Yes.

Oh my God.

That's the dumbest thing I ever heard.
Well, not ever...

I should take that back.

It's the dumbest thing I've heard today.

If you owed her back child support,

how much did you owe her?

I only owed her $900.

- In back child support?
- Yes.

- That I totally forgot...
- Just a second. Just a second.

You owed her that money.

In addition to owing her that money,

you owed her $2,000.

Do you understand that?

So, you owed her $900, plus $2,000.

Are you not following me?

- Am I getting something wrong here?
- I'm with you.

Are you following that?

That's either a yes or no.

No, I'm not.

I'm going to repeat it again.

What you said was

they took money out

of your taxes for back child support.

$900.

So that means you paid her
$900 of the $2,000.

That's what your argument is.

- Yes.
- Am I getting that?

- Yes.
- You already owed her the $900.

I had no awareness that I owed her $900.

When I found out $900
got taken out the taxes,

I had no tax coming back.
I was like, "Look,

you got $900, you have to give me time."

And that's when it went south.

You got $900 that I owed you anyway,

now I need more time.

Oh my God.

How is your granddaughter in school?
She do OK?

- Yes, she's doing well.
- She does OK?

- Yes.
- OK.

Either his math skills
or his moral skills are somehow lacking.

It's the moral.

Judgment for the plaintiff
for the amount of $2,000.

We're finished. Thank you very much.

[Bailiff] This court is adjourned.

I think the judge seen right through him.

It was going to be miserable.
I just let it be miserable.

No one thinks like that.

As long as she go about her life,
I go about my life. Leave my family alone.

I just think he was hustling me.

Only contact me when it got something
to do with my daughter.

I don't want anything
to do with him, either.

So initially, I may have been
a little lost.

It took me some time to get there.

But I thought
what the defendant was saying

was that he was expecting $2,000
on his tax returns.

So, he told plaintiff,
when I get it I'll repay you the $2,000.

And then in his mind,

when the $900 left the account,

he didn't know that wasn't going to
be there for the back child support.

So, he only had the $900 and change
left to give her.

I was like, OK, that makes sense.

He thought that it would
be the full $2,000.

Come to find out, he thinks
that the back child support

- is what fulfills his obligation...
- Loan obligation.

...which wasn't even
the full amount, not even half.

And all to someone who
has been raising your child, for 12 years.

He's probably worse at math than I am.

[Narrator] Have you been cheated?