03x53 - Feuding Neighbors Caught on Tape: Part 1

[bunniefuu]

-The two of you are neighbors.
-We are.

You filed harassment charges.

He, actually,
screamed outside of my unit,

"I hate you."

Him constantly talking into my camera
or making gestures at the camera.

That's not true.

Spitting, flicking me off.

Who is that?

[announcer]
This is Judy Justice.

[theme playing]

Douglas Auerbach is suing his neighbor,
Rachel Capron,

for lost wages, false charges,
attorney fees and harassment.

[Kevin]
Court come to order. All rise.

Have a seat, please.

-Hello, Judge.
-How are you?

Good, Case 3082,
Auerbach vs. Capron

-Thank you.
-You're welcome.

Mr. Auerbach, how long have you lived
in your current residence?

I've lived there since 2006,
Your Honor.

-Do you own it or rent?
-I own it.

Would you describe the kind
of units it is?

Um, they're condominium units.
Um, there's eight per building.

-They...
-How many floors?

-Pardon?
-How many floors?

Two floors. Yeah.
Four on each.

And the two of you are neighbors.

-We are.
-You live on the same floor.

She lives in a separate building,
but we're both on the second floor.

Can you see her apartment
from your apartment?

No, I can only see her door
when I leave my apartment.

I can't see her at all.

[Judy] How far apart are the buildings?

Seventeen feet.

When did you purchase
your condominium?

July of 2019.

So, you had lived there more than
a decade before the defendant moved in.

That's correct, Your Honor.

Ever had any difficulty before?

-Never.
-Okay. It is your claim, Mr. Auerbach,

that the defendant,
since she moved in,

has embarked upon
a course of conduct

that can only be described,
if this is true,

serious harassment
that has forced you to retain lawyers,

that has, potentially, impacted
on your business.

You are, I see,
a registered pharmacist.

That is correct, Your Honor.

So, I'd like you to tell me, sir,

when the problem first started.
with the defendant.

Well, to my knowledge,
uh, it started for me

May 26, 2022, when a police officer
showed up at my house.

Just a second.
So, the defendant

had already been there
for four years.

-Correct.
-So, people showed up at your door.

-Who was that?
-Officer [removed]

uh, showed up and was asking me
some bizarre questions, strange questions.

"Are you walking around
in the evening?"

Um, asked me what my job was,
which I thought was strange

because I've lived in Fairlawn
since 2006.

I file a tax return, so he should know
that I'm a pharmacist.

-[Judy] Did anything come of that visit?
-Well, he said there was some complaint.

-You can't tell me what he said...
-Yeah.

-...because that's hearsay.
-Yeah.

But did anything come from that visit?

Just that there was a complaint
from "the neighborhood."

He didn't say "neighbors," "neighbor."

And, so, I started asking my neighbors
if there was a problem.

And that's when I discovered
that the defendant was, uh...

Again, don't tell me hearsay.
Ultimately, you and the defendant,

it became an overt hostility.

-Would that be a fair statement?
-Yes.

-[Judy]Yes.
-Yes.

And since Mr. Auerbach doesn't know
the genesis of your problem with him,

why don't you tell me?

When did you start to have,
according to you, a problem with him?

Your Honor, I moved in
July of 2019.

Um, between July of 2019
and late 2021,

I had noticed behavior. Marijuana
was not legal in the state of Ohio.

It is now legalized.

But he was using marijuana outside
on a very, very regular basis.

Our condo units are very close
in proximity.

So, he would be smoking outside
and they'd be coming into my windows.

As a matter of fact, I remember
coming home from work one day,

and my entire unit
smelled like marijuana.

Not ill*gal, but it's a nuisance for me.

-In what year was that?
-That was through the duration of 2021.

Just a second.
That started in 2021.

-That's correct.
-Okay. But you moved in in 2019.

So, in 2019, you didn't have a problem.
In 2020, you didn't have a problem.

I had seen him using
during those times...

[Judy] Well, right now,
marijuana use is legal.

It's not ill*gal. Not ill*gal and,
according to you,

-you could only see him outside.
-Right. Right in front of my windows.

It was in front of your windows,
which, according to you,

impacted inside your apartment.

On occasion, you smelled it
inside your apartment.

-So, what did you do?
-So, late 2021,

you know, I had acquired these issues
with Mr. Auerbach.

[Judy] Now, what issues
did you acquire with him?

So far, you smelled marijuana.
What did you do

as a result of seeing Mr. Auerbach
smoke marijuana

or smell it in your apartment
when you came home?

What did you do?

Late 2021, I overheard Mr. Auerbach
and his former girlfriend

arguing very extremely.

Um, they had, actually,
left their door wide open

and I heard this woman screaming,

-and knowing that he had been...
-Screaming... Just a second.

Screaming what?

-Just fighting.
-She wasn't screaming, "Aaah!"

-She was screaming at him.
-[Rachel] That's correct.

-He was screaming at her.
-That's correct.

Okay. You didn't hear her screaming.
You heard two people having a fight.

-I heard her...
-You heard two people having a fight.

-Yes.
-So, what did you do?

-I called the police.
-Okay.

Do you recall what it is
that you said to the police?

I told the police that there was
a disturbing fight happening

in front of my unit,
and it seemed to be violent

and I was just worried
for that girl.

-I remember what she was saying,
-[Judy] Well...

but I don't know if that's appropriate
to say here.

[theme playing]

"After reporting his drug
use to the police,

comments of, 'Go k*ll yourself,'
have been made through my security camera.

He also flips me off while shouting
expletive into my camera.

He watches me from his window
when I walk outside."

That's not true.

[theme playing]

[announcer] Douglas Auerbach
claims his neighbor,

Rachel Capron, owes for lost wages
and attorney fees

after making false accusations.

Rachel is countersuing Douglas for
harassment and emotional distress.

Now, I'd like to know what she was saying.

I'm not accepting it for the truth
of whether or not she actually said it,

but I'd like to hear
what you tell me you heard

or what you tell me
you relayed to the police.

Sure, um, she had said that
he was a "predator," was her word,

and that he had created a fake
Facebook profile

to "hit on her friend," is the words
that I heard from his former girlfriend.

[Judy] So, it was a domestic fight.
So, that's not screaming.

According to you, that's factual.
She wasn't screaming,

"Get off me! You're hurting me!"

They were having a fight about a Facebook
page he created that she didn't like.

So, now, you interjected yourself
by calling the police.

And you were frightened for the girl.

So far, she sounds as if
she can protect herself,

based upon what you tell me.

So, you called the police.
And do you remember when that was?

That was October of 2021.

-That's not true.
-Uh... Would ya...

Say nothing.

When did the problems start
that you refer to

in your answer about the parking spaces
in front of your condo?

Yeah, so, on February 6
of 2022,

um, again, I called the police
because of Mr. Auerbach's behavior,

No, don't.
You called the police because...

you heard, saw, what?

Um, this was when foreign guests
were coming into and out of his home

multiple hours throughout
the day and the night.

Um, I had known
that he was a pharmacist,

um, just through
the talk of the neighborhood.

-But...
-It's not the talk of the neighborhood

unless you're talking or listening.

You saw foreign people coming
in and out of his apartment

so you called the police.

-That's correct.
-That was the second call that you made?

-That's correct.
-Okay.

I want you to get
to the parking spaces.

-Sure.
-You don't have assigned spaces

in the front of the building, correct?

-That's correct.
-But in front of your building,

there are certain spaces.

In front of his building
there are certain spaces,

-but they're not assigned.
-Yes.

According to what I read,
he was parking in front of your building.

Once the issues between Mr. Auerbach
and myself came up,

he started parking all of his vehicles
immediately in front of my unit,

so that when I come home from work,
I have nowhere to park.

-I can choose to park in my garage.
-Just a sec...

But I have no spaces.

When you say the issues arose,
he wasn't having any issues with you.

At that time.
You were having issues with him.

-That's correct.
-You were having issues with him

with smoking marijuana.

You were having issues with him
with having foreign visitors

that you didn't recognize
or know.

So far, he didn't have
any issues with you.

Did the police respond
on both instances, do you know?

When I called the police in late, uh,
October of 2021,

I know they came out to do
just a basic well-check.

Um, on February 6, 2022,

when I called the police
for him acting odd

and having the foreign people
coming in and out of this unit.

He, actually, screamed at my window,
"Clean up your ... dog ... ,

I hate you."

And, at that moment, it was very early...

Just a second. That was after
your second call to the police.

-What happened next?
-I purchased a Ring doorbell camera.

So, you bought a Ring camera.

-And?
-I bought the Ring camera and...

from that day, I have now to this day,

hundreds of videos of him harassing me.

[Judy] And, other than these
two calls to the police,

did you make any other
calls to the police about him?

-Yes.
-How many?

There were... six total

over the last two-plus years.
Six total reports.

[Judy] Did you ever ask him
to park his cars

in front of his own building?

-No, because at this...
-Just...

Did you ask anyone else,
like the condo association,

anyone else to ask him to park
his cars in front of his own building?

I had brought that to the HOA attention.

When you say you brought it to the HOA,

you went
to the homeowners association.

- I did.
-When you went

to the homeowners association,
in what month and year was that?

Approximately March of 2022.

Did you go to them in person
or by mail?

-By e-mail.
-I'd like to see it.

Unfortunately,
I don't have that email.

Do you remember the complaint
that you made

when you sent an email
to the homeowners association?

-[Rachel] I do.
-Well, in your best terms,

What did you complain about?

I just said, you know, I understand
that there are no assigned parking spots,

but he's got six, eight spots
in front of his,

I have four.

And ever since we started
to have problems with one another,

he started parking one, two
or three of his vehicles in front of mine.

-[Douglas] Not true.
-[Judy] Was that the only complaint

that you made, was that all
that you said in the email to them?

Yes, it was strictly parking.

-Did they respond to you.
-They did.

And what was the response?

"Parking is not assigned."

"Parking is not assigned." Right.

Now, there came a point where you filed
harassment charges against him.

-And there was a trial.
-That's not true.

-[Judy] Were you...
-There was no trial.

Shh.

You filed harassment charges
against...

Were you arrested, sir?

No, I was cited though.

-Okay.
-They stopped at my house.

And did you both appear
at some sort of a hearing

with regard to that?

-Yes.
-When was that?

I filed the protection order
on June 29, 2022.

And you served him.
Do you have a copy of that complaint?

-I do.
-I'd like to take a look at it.

Okay. This says, "After reporting
he has harassed

and verbally, via telecommunications,
and has physically stalked me

after reporting his drug use
to the police.

Comments of, 'Go k*ll yourself'"...
some very bad language...

"have been made through
my security camera.

He also flips me off while shouting"...
again, expletive...

"into my camera. He watches me
from his window

when I walk outside."

[mutters] That's not true.

[Judy]
Now when you appeared together,

what place did you go to,
a courthouse?

-Yes.
-Did you appear before a judge?

-Yes.
-What month did you appear before a judge

in 2022?

I have noted that October 7 of 2022,

the charges that he had received
were, in fact, dropped,

but it... but when...

Just a second.
I'm not there yet.

[theme playing]

[Rachel on video]
You wanna tell me to go k*ll myself?

In my camera?
Call me fat?

Every ... day?

Just a second.
Who are those people?

So, the rainbow hoodie
is myself.

The person with the flannel
was my dad

-who, seconds prior, was attacked.
-[Judy] Just a second.

-Outside in the parking lot.
-[Judy] I don't know about that or not.

I asked who it was.

[theme playing]

[announcer] Douglas Auerbach
has accused his neighbor,

Rachel Capron, of harassing him
and making false accusations.

Rachel says Douglas has been
excessively harassing her

through her Ring camera.

-You went together with him.
-Mm-hmm.

To a courthouse.

What happened when you went
with him to the courthouse?

So, the first time we went
to the courthouse,

we had gone on two
different occasions.

The first time,
we met with a judge, and

I was given the opportunity to testify.
I went up on the stand

and I gave her a summary
of what he's been doing to me.

During this testimony, the judge
pulled the counsel into the backroom,

and when she came out she said,
"Mr. Auerbach, I see what you're doing."

She said, "I see you looking at her."

I want to know
what happened with that case.

You testified. You had a lawyer.

-Yeah...
-He had a lawyer.

I didn't have a lawyer at that...

-[Judy] You said...
-I did not have a lawyer.

...you had a public defender.

Right. A public defender.
I hadn't hired...

Just a second.
A "public defender" is a lawyer.

Yes, I'm sorry.

Just because you don't have to pay for it,
doesn't mean he or she is not a lawyer.

-You had a lawyer.
-Yes.

-[Judy] And after you testified,
-Mm-hmm.

-what happened?
-The hearing was continued.

-[Judy] To another day.
-That's correct.

And what happened on the next date
which was when?

The next date was October 7 of 2022.

-Okay and what happened on that date?
-[muttering indistinctly]

So, my public defender was there, um,

we just waited and she came over to me
and said that

the case was dismissed.

-I never saw anybody or talked to anybody.
-Oh, just a second.

You came back the next time
and your case was dismissed.

-Yes.
-So,

do you have a decision
with regard to that?

Do you have a decision
with regard to that?

I'm just curious
as to what happened?

Well, there was, actually,
seven court dates that I attended.

Those first few were arraignments.

Does anybody have
any written document

with regard to what happened
at that hearing?

-I have the court details
-[Judy] Like the decision.

right here with the "dismissed."

Well, the... If all it says is "dismissed,"
I don't...

-Well, it's the whole court detail.
-J-Just...

-Just a second.
-It'll illuminate on...

-Shh!
-the court dates she's forgotten about.

Uh, Mr. Auerbach.

Oh, yeah. There were a lot
of court dates.

-[Douglas] There were a lot.
-Shh!

You don't have to agree with me, sir.
That's a statement.

[chuckling]

So, there was nothing
but a dismissal

and it was a dismissal
after you testified.

After you testified, the case
was, ultimately, dismissed.

I'm not entertaining your case because
your case has already been adjudicated.

It was dismissed,
so, I'm not hearing that.

It's not that it was dismissed
on some technicality,

you, in fact, testified.

Your case against him
has already had its day in court.

-Do you understand?
-Yeah.

Okay, now, let's get back.
False charges, lost wages.

Now, Mr. Auerbach,

false charges.

"He has harassed me
via telecommunications."

Okay, so, that's what you say

I want you to tell me exactly

what telecommunications
you've referenced.

So, I have a video that I would
like to show on the big screen,

um, if you would...

Just a second.
is that the "telecommunications"

-that you're talking about?
-Yes.

So, on the Ring camera,
him constantly talking into my camera

or making gestures
at the camera of my home.

That was after you called
the police several times

on the defendant

who was never arrested as a result
of any of those complaints.

No charges ever filed against him.

Then you put a Ring camera in
because he said something

about cleaning up after your dog
that frightened you.

I must admit,
I'm less than ladylike.

I think when I see somebody
who is failing to pick up after their dog,

as far as I'm concerned,
it should be a felony

-punishable by fifteen-to-life.
-I've never not picked up...

-I have a little Shih Tzu and I...
-I'm just telling you.

Lots of "Shih Tzu."

-Okay, so,
-I always pick up.

now, I'd like to see
after you put a Ring camera in,

'cause after you started to have
trouble with him, according to you...

-Yes.
-...for doing nothing that was ill*gal,

but for which you called
the police several times,

now, I'll see your video.

-Standing on my doorstep.
-[Judy] Shh! Shh! Shh! Shh! Shh!

[audio hiss]

[rustling]

[Rachel in court] Flicking me off,
spitting, flicking me off.

[snickers]

[Douglas laughs in courtroom]

[Douglas on video]
...that stupid, dumb...

[Douglas giggling in court]

-[Rachel in court] This is every day.
-[Douglas on tape] ...that...

-[Douglas giggles in court]
-[Douglas on tape] ...lying...

[static]

[Douglas on tape] Oh, well, thankful,

grateful,

blessed,

yeah we will ... see about that.

-[Douglas giggles in court]
-[on tape] You're gonna be paying me.

-[screeching sound]
-Get shot.

[Rachel in court] Get shot.

-[man] You talk to my daughter like crap.
-[Rachel] When he attacked my dad.

[Douglas on tape]
I, I never talked to her before.

[Rachel, indistinct]

[Rachel's father] Talk to me.
Talk to me.

[Douglas on tape] No...

[Rachel's father] No, man to man.
Man to man.

[Rachel on tape] You wanna tell me
to go k*ll myself?

In my camera?
Call me fat?

Every ... day?

[Judy] Just a second?
Who are those people?

[Rachel in court]
So, the rainbow hoodie is myself.

The person with the flannel
was my dad who...

[Judy] Okay, so that was your father.

-Seconds prior, was attacked...
-Just a second.

...outside in the parking lot.

[Judy]
I don't know about that or not.

-I asked who it was.
-Sure.

I didn't see any attack.
I saw that you're not getting along.

Okay, keep going.

[Rachel on video]
Every ... day, dude.

Why don't you leave me alone?
I'm twenty-five years younger than you.

[indistinct]

-Anything else?
-That's the end of the video.

-[Judy] Thank you.
-[Rachel, indistinct]

[Judy]
"Has physically stalked me."

-Yes.
-I wanna know how

he has physically stalked you.

Is that what I just saw
or are you talking about

follows you to your job,
follows you to...

-Yeah. Sure.
-Let me hear.

-Never. Never
-[Judy] Shh-shh!

So, I have a little Shih Tzu
that I walk around my neighborhood.

And when I'm walking her,
he has gotten into his Camaro,

came up right next to us,
puts it in neutral,

and runs his engine at me
as I'm walking my dog,

me minding my business,
looking straight.

I don't say anything back.
I just keep going till I get home.

How many time... How many times
have you called the police on him?

Because, you see, you hadn't
had any trouble with him,

which is what I'm having a problem
wrapping my head around.

[theme playing]

[announcer]
Are you a victim of an as*ault?



[theme playing]