03x54 - Feuding Neighbors Caught on Tape: Part 2

[bunniefuu]

He was having a fight with his girlfriend.
You called the police.

And I could hear the entire
argument from my unit.

Mind your business.

She didn't say, "Don't put
the knife in my face.

Don't point the g*n at me."
They were having a fight.

I have videos of him
spitting on my door.

You started harassing him.

But why can't he leave me alone,
is my question.

He should.
And you should leave him alone.

I agree.

But you started it!

[announcer]
This is Judy Justice.

[theme music playing]

[announcer]
Previously on Judy Justice...

Tell me, sir, when the problem
first started with the defendant.

It started for me when a police officer
showed up at my house.

When did you start to have
a problem with him?

He was using marijuana outside.

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

and my entire unit
smelled like marijuana.

"After reporting his drug use
to the police,

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

Now, I'll see your video.

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

In my camera?

Call me fat?

Every day?

Just a second?
Who are those people?

The person with the flannel
was my dad,

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

...outside in the parking lot.

I don't know about that or not.

How many times
had 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.

[announcer]
And now, the conclusion.

Douglas Auerbach is suing his neighbor,
Rachel Capron,

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

Okay, when was your call to the police
that he was smoking marijuana?

The first one was May 23rd of '22,

is when they're noted
in the police report.

-And I have a copy of that.
-And then he cursed you. That's clear.

That's in here. "Have been
made through my security camera.

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

-[Rachel] Mm-hmm.
-And me.

[Judy] I see your mother shaking
her head "yes."

[Rachel] Regarding the stalking,

I hadn't seen my parents in a while,

and they came over
to go out to dinner together

and they showed up,
I walked outside of my unit

to get into my dad's car,

and Mr. Auerbach came out and said...

to my dad.

And that's when that last video
that you saw

was him saying,
"Leave my daughter alone."

[Judy] But the truth is,
from his perspective, madam,

you had been harassing him.

Do you understand that?

He had had no trouble living at
his apartment from 2006.

You move in and you don't like the fact

that he is doing something
that is not ill*gal.

-It was ill*gal at the time.
-[Judy] But is smelling up your house.

Well, the first time you called
was in May of 2022.

When did marijuana
become legal in your state?

I believe it was November 8th of '23.

It was November 7th, 2023.

"Medical" became years before that.
I have a medical card.

Well, everybody can get
a medical card.

-But that means...
-[Douglas] But, but...

[Judy] It means you have...
But it means you have one.

I absolutely.

Did you ever show anyone
your medical marijuana card?

-No.
-[Judy] Would you like to show it to me?

-Sure.
-[Judy] I'd like to see it.

Is it dated?

Yeah, he has a medical,
Ohio medical marijuana registry

and it was issued October 2nd, 2021.

Would you like to see it?

-No, thank you.
-[Judy] Just for my information,

Mr. Auerbach, the defendant
has already told me

why she called the police
the first time

which is about this fight
that you had

with your then-girlfriend.

How long had you been
with this girlfriend?

-[Douglas] Three or four years.
-[Judy] Did she live with you?

-She did.
-[Judy] Had the police ever been called

prior to the defendant moving in?

-Never.
-[Judy] And I have to tell you,

I'm not necessarily faulting you

if you were legitimately concerned
over the safety of someone,

but it turned out that it was a fight
and an overreaction.

She was accusing him of doing
certain things, in a very loud way

and he was fighting with her,

and, so, I'm not going
to fault you for being proactive,

but you have to understand,
from his perspective,

-you were a "buttinsky."
-[audience laughs]

[Judy] When you call the police
and say, "There's a woman

and I'm fearful that something
is happening to her,"

and it was a domestic dispute,
a shouting match,

you can understand,
from his perspective,

that was a bit
of an overkill.

Right. It was extremely loud
and the door was left wide open.

I could hear the entire argument
from my unit.

-[Judy] So what? So what?
-And it went on for a long time.

What you may do is, if you're calling,
you can report something

as being loud,
like playing loud music.

They're screaming and we're hearing them.

And it looks to me
as if they're are lots of units there.

As far as you know, no one else
called the police about this argument.

Just you. So, you can understand,
from his perspective,

that that's a form
of harassment.

And you can understand
that from his perspective,

since he has a legal marijuana card

that was issued a year before,

and I'm not gonna ask him why
because,

you know, you can say
you have an ingrown toenail

and get a medical marijuana card.

But he was not doing
anything ill*gal.

And then you say that there were
people coming in and out of his unit.

Do you have
any video of that?

-I do not.
-[Judy] No.

-You...
-That was before I got the Ring camera.

Before the harassment started.

So, your concern was,
and your reporting was,

these are "foreigners"
coming into his apartment

and the connotation was

that he was a drug dealer.

-[Rachel] I saw one...
-The... That was the connotation.

-Right?
-Yes.

[Judy] Yes.

After you called the police,
at least those two times,

you wrote to the HOA,
and you're telling me

that after all of that, you think
he should be a pleasant neighbor?

-Your Honor, I...
-What are you... What is that?

Does she have to live like this
the rest of her life?

No, she should probably
move closer to you.

[audience laughs]

[theme music playing]

[announcer] Douglas Auerbach is suing
his neighbor, Rachel Capron,

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

Rachel is countersuing claiming
Douglas harassed her

causing emotional distress.

And, so, what you're telling me,
as soon as you got the Ring camera,

the people stopped coming?

He went out of business?

I didn't see people coming anymore.
He hated the camera.

And the one person that I saw
show up at his house

was knocking on his door,
his old girlfriend had answered the door...

and he was doing this, like,
nodding-out motion, and I was scared.

I live... Like you said,
our doors are less than

-20 feet apart from one another...
-[groans]

...and there's this guy
outside his front door

that is clearly impaired
from something...

-[Judy] No, I don't...
-...and needing him.

-Mind your business.
-[Judy] Shh! Shh! Shh!

-Mind yours.
-If I have to go outside

and let my dog outside,
I should be able to do that

without running into
these foreign people

-that are coming to his home...
-[Judy scoffs]

...or running into him cussing me out,
calling me every name under the sun

-and spiting on my door.
-[Judy] Madam, you have to understand.

I'm gonna tell you, and your mother
is nodding and agreeing with you,

he did not precipitate
this hostility.

I know that you feel as if he did,
but he didn't.

He was having a fight with his girlfriend.
You called the police.

According to you,
he had people coming to his house.

You have no proof of that.
But they were foreign people.

They made you uncomfortable.
You called the police.

After you called the police,
at least those two times,

you wrote to the HOA, asking
for them to intercede on your behalf,

to tell him to move his cars
out of the front of your building.

You felt uncomfortable enough
because, evidently,

he's gonna tell me that somebody
from the pharmacy board

came to his house as a result
of complaints that you filed

and it could've cost him
his license.

It ultimately did not,
but it could have.

And you're telling me
that after all of that,

you think he should be
a pleasant neighbor?

-Your Honor...
-[Judy] What are you... What is that?

Does she have to live like this
the rest of her life?

No, she should probably move
closer to you.

-[audience laughs]
-[Judy] She should probably move closer...

He's been living there
well over a decade.

He had no trouble. And he wasn't
doing anything ill*gal

and he wasn't doing anything
that necessitated police intervention,

both of which
your daughter sought.

Do you understand?

She didn't know
he had a medical marijuana card.

And I never fault people
if they have a legitimate fear

that somebody...
man or woman...

is being threatened.

But what she heard
was an argument.

I heard an argument and I was
fearful of what was happening.

Well, that's not his problem,
that's your problem that you're fearful.

What you actually told me
that you heard

was this woman,
with whom he had lived,

shouting at him
that he was

a predator and that he made up
a false Facebook page.

This is his domestic partner.

That she evidently found out,
according to the argument that you relay,

that he was doing something
sub rosa that was sketchy.

She didn't say,
"Don't put the knife in my face.

Don't point the g*n at me.

Stop chasing me."
They were having a fight.

So, you have to understand,
from his perspective,

you started it
and he reacted by being crude.

But despite the fact that your mother
thinks you're in the right,

you started harassing him
for no legal reason.

That's from his perspective.

You had no legal reason to call
the police on him

the first two times

and I don't know how many times
you called the police after that.

So, I think you're absolutely right.

I think you should not have to
be in a place

where you feel uncomfortable
walking out with your dog.

He's not moving.
He's lived there.

And if you find
his conduct reprehensible,

as your mother does,
and as, actually,

I find being cursed at,

whether it's through a Ring camera
or in person,

I find that distasteful.

It's not gonna get
any better.

So, you're a young woman.
If you're truly unhappy,

sell your apartment and move.

I shouldn't have to move
because of...

Well, he's not
gonna have to move.

But why can't he leave me alone,
is my question.

[Judy] Just a second.
He should

leave you alone
and you should leave him alone.

-I agree.
-But you started it!

-[Rachel] I started it...
-Do you understand?

...because I was scared.

I live by myself, Your Honor.

[Judy] No. The first time you called
the police, you weren't scared.

You weren't scared that you
smelled marijuana in your apartment,

that the windows were open,
you came home from work,

and your apartment
smelled from marijuana.

You weren't mad.
You were annoyed.

That started it. You didn't have
any trouble with him before.

And then the...

"foreign people" who were
coming to his door.

Do you know that's
a serious allegation?

Serious. So, do I think
he behaved like a gentleman?

No. Do I think that you
overreacted to situations

that caused him
to have to hire a lawyer?

The answer is absolutely yes.

And since it's not going to get better
since those things are in stone already.

He's already been involved
with the police.

He's already been involved
with the courts.

He's already been involved with the board
that governs his livelihood

because of allegations
that you made

and that's not gonna go away

because if he's accused,
and the underlying allegation

with people, as you said,
coming to his door

and somebody bowing to him,
which is the motion that you made,

a bowing motion,

and if the police contacted
or somebody else

contacted the governing board
that governs his license,

that all was precipitated
because of you.

And I'm not condoning
the foul language,

the talking into your Ring camera,
all of that.

But this bad blood exists.
It's not gonna go away.

So, why should you have to?
You shouldn't have to.

Why should he?
'Cause it's not gonna stop.

-I-I've looked at moving recently.
-[Judy] Well, that's a good idea.

That's a good idea. Meanwhile,
I don't find any of the allegations

that you described for the first
two reasons to take him to court

had any validity.

-How much did the lawyer cost you?
-Three thousand dollars, Your Honor.

I saw that in here.
His bill for $3,000.

I have to tell you,
Mr. Auerbach,

I haven't really
addressed you yet

and you can hear that I have
a certain amount

of sympathy
for your position

because the two things
that she alleged that you did

to cause her to call the police
on two occasions

before she filed
a complaint against you,

there was nothing ill*gal
about your behavior.

-Correct.
-That's according to her.

There was nothing ill*gal
about your behavior,

so, I don't think that
you should have to pay a lawyer.

I think she should
have to pay your lawyer.

But I think that what I saw
in the camera was

a crude reaction.

-Crude.
-And it's every day.

-It was...
-[Rachel] Every day.

It was precipitated by you!

Does she have to continue
to be treated this way

and continue to be prescribed
anti-anxiety medication

due to the severe harassment that
this man causes her every single day?

I think she should move
close to you.

Does he have to continue?
Can you just tell him to stop?

[theme music playing]

[announcer]
Defendant Rachel Capron

claims the plaintiff,
Douglas Auerbach,

has been harassing her for years.

Douglas says he's lost
thousands of dollars

to defend himself
from Rachel's false accusations.

Now, it was precipitated
by your actions.

I'm telling him
it's a crude reaction,

all of which
was precipitated by you

for him doing nothing
that was "ill*gal"

or required
police intervention.

If somebody
called the police on me,

and I wasn't doing
anything wrong,

and as a result of that,
I had to hire a lawyer

to defend me,

I would be
royally annoyed.

I wouldn't use
that kind of language,

I would probably do something
more vengeful,

-but I would do it...
-[Kevin chuckles]

...so that it couldn't
be traced back to me.

[audience laughs]

[Judy] But you and your mother
both have to understand,

while his reaction
was certainly

ungentlemanly crude
and probably continues to be,

it was precipitated
by your actions.

I have videos of him
spitting on my door,

hundreds of him spitting
on my door, so when I go...

-That's a lie.
-[Judy] Shh!

-[Rachel] ...to walk... It's not a lie.
-[Judy] Shh!

-It is.
-I have it all on video right now.

-[Judy] Just a second.
-Stop.

I can't tell you that I approve
of his crude conduct.

I don't. But the first two allegations
that you made against him

that required him to go to court,

it looks like on a least
seven or eight occasions,

-and hire a lawyer, amount...
-I had to pay for a lawyer too.

I don't care!
You started it!

He had to go to court
to defend himself

against something
that was not ill*gal.

-What do you want?
-Can I just ask one question, Judge?

-[Judy] Sure.
-Can you...

[Judy] You have to stand up
and ask me a question.

My daughter has been changed
for two years

due to the harassment.

-Do you understand what I'm saying?
-[Karen] I understand what you're saying.

So, what's your quest...
Don't make a statement.

-What's your question?
-Does she have to continue

to be treated this way and continue
to be prescribed

anti-anxiety medication
due to the severe harassment

that this man causes her
every single day?

I think she should move
close to you.

Does he have to continue?
Can you just tell him to stop?

Oh, just a sec.
I can tell him to stop.

It's not gonna mean anything to him
if I tell him to stop.

And your daughter has had a hearing.
Maybe she has to go back,

if she has proof,
that she wants a protective order,

that he's doing something ill*gal.

Let her refile
or let her do the smart thing,

let her sell her apartment
and move.

That's what I would advise
one of my children.

He's not gonna move

and as long as they live
right opposite each other,

there's going to be acrimony.

I wouldn't live like that.

I really wouldn't live like that
nor would I encourage

one my children to live like that.

He's been living there
since 2008.

-Or '06.
-'06.

[Judy] He's not moving
and what precipitated this

whole hostility...

He probably has a short fuse.

He probably is relentless
in getting even.

-He is.
-[Judy] You have to acknowledge

that your daughter
started the trouble.

-I understand, but isn't the point...
-[Judy] No, not do you understand,

do you understand and agree
with it?

I agree, but can't it stop
after two years?

Well, once the Hatfields
and McCoys started to fight,

they continued to fight
until a lot of people were dead.

And it seems to me,
life has enough challenges,

so, that if you can extricate
yourself from a major stressor,

you do that.

-Can't afford it.
-[Judy] Okay. We're finished.

Mr. Auerbach, I don't think that
you should've had to pay for a lawyer

for the first instance
that brought you to court.

Based upon what she tells me,

you were engaged in no ill*gal conduct
at the time she brought you to court.

So, she's gonna pay
for your lawyer.

I don't have to entertain
your counterclaim

because that counterclaim
is based on the same allegations

that were already heard
by another court

and the case was dismissed.

If you have fresh allegations
and want to continue this lunacy,

and you have further proof,
file for another protective order.

Maybe this one'll be granted.

And I wouldn't live in
a situation where I felt uncomfortable.

I mean, he's a man,
you're a woman.

You're younger.
You're about the same size.

So, it's not a "David and Goliath"
situation.

But one of you is gonna move
and clearly he's not.

He's been living there
almost 20 years, right?

Okay, judgment for the plaintiff
in the amount of $3,000.

We're finished.
Thank you.

[Kevin]
This court is adjourned.

I've been living in misery
for two years.

I called the police simply because
I was concerned for my safety.

And, um, I guess
I'll have to continue living with

the current circumstances.

I was happy that the judge,

um, kinda tore into her
and her mother a little bit.

Um, I'm not happy about
some of my behavior towards her,

being rude,

but it's protected free speech,

and, uh, you know,
she's gonna have to deal with it.

Severe anxiety, panic attacks.

I'm scared to go outside
to let my dog out.

I'm scared to let the trash out...
take the trash out.

Um, it's just anxiety in my own home
that I pay for. All the time.

Leave me alone. Don't talk to me.
Ignore me. Get on with your life.

I feel like a prisoner in my own home.

I'm scared to be in my house
when I'm home.

People should just
mind their own business.

It is an absolute living hell.

You know, Sarah, I actually
feel sorry for the defendant.

-Mm-hmm.
-I wouldn't like to live that way.

For whatever reason,
she called the police the first time

'cause it was loud.

I don't know whether I would call
the police.

I would close my door
and turn up the music a little bit

'cause there was nothing
threatening in that conversation.

If anything, it sounded like
his ex-girlfriend was threatening him.

And would I be annoyed
if my next-door neighbor

was smoking cigars

and my apartment
reeked from cigar smoke

'cause it crept under...
would I be annoyed?

I would be.
But that's not ill*gal.

-Yeah.
-Then it's not worth a phone call.

Yeah, I think people should think twice
about the consequences

and how long,
like we've seen here,

those consequences
can go on for

as a result of involving
law enforcement

in, you know,
petty disputes.

-Probably...
-Really be sure when you make that call,

-you know, that you have...
-It's not just annoying.

...everyone's best interests
and it's from a good place.

-Place.
-I think it was from a good place with her

but I think she was
a little Nosey Nellie.

And certainly when she said
she saw "foreigners,"

-Mm-hmm.
-I don't know what that means.

People are allowed to have whoever
they want come and go from...

So, you're giant leap
is that he's a drug dealer.

-Yeah.
-Well, those things would be irritating...

certainly, if they were not true.

-Yeah.
-And was he crude,

rude in response?

-He was crude, rude in response.
-Sure.

But he didn't call the police on her
for any of her behavior

-in retaliation.
-Yeah.

-So, you know...
-Anyway.

I feel sorry for her
and I really think she should move.

-Yeah, I do too.
-Cause he's not moving.

Yup.

[announcer]
Have you been cheated?



[theme music playing]