1
00:00:00,367 --> 00:00:02,200
Go! You're in the park, drunk.
2
00:00:02,266 --> 00:00:03,533
He's in the park, drunk.
3
00:00:03,600 --> 00:00:05,400
I was sitting at a park bench.
4
00:00:05,467 --> 00:00:07,834
Next thing I know,
I get hit in the face by a beer.
5
00:00:07,900 --> 00:00:09,567
He had asked me to toss him a beer
6
00:00:09,633 --> 00:00:11,800
and did not catch the beer.
7
00:00:13,867 --> 00:00:15,734
You're two drunks. That's what happens.
8
00:00:15,800 --> 00:00:17,500
[narrator] This is Judy Justice.
9
00:00:33,934 --> 00:00:38,767
{\an8}[narrator] Giovanni Costello
is suing his former friend, Jacob Knapp,
10
00:00:38,834 --> 00:00:41,000
for dental and medical bills.
11
00:00:41,066 --> 00:00:42,767
[Bailiff]
Court come to order. All rise.
12
00:00:45,000 --> 00:00:45,867
Have a seat, please.
13
00:00:48,066 --> 00:00:50,200
Case 21-10. Costello vs. Knapp.
14
00:00:50,266 --> 00:00:51,400
- Thank you.
- You're welcome.
15
00:00:52,934 --> 00:00:57,400
Mr. Costello. You and Mr. Knapp
were out drinking in the park.
16
00:00:57,834 --> 00:01:00,467
- Yes.
- Date and time?
17
00:01:00,533 --> 00:01:04,967
{\an8}The date and time was around 3 a.m.,
and it was on 9/11
18
00:01:05,033 --> 00:01:06,333
of 2021.
19
00:01:06,400 --> 00:01:08,400
And you've known Mr. Knapp for how long?
20
00:01:08,467 --> 00:01:11,400
Roughly nine years. We started off
playing High School baseball.
21
00:01:11,467 --> 00:01:16,166
And when had you first met up
on September 11th?
22
00:01:16,233 --> 00:01:19,600
I can't remember the exact time.
I would say around, maybe, 7 p.m.
23
00:01:19,667 --> 00:01:22,600
- Where?
- At a bar over in Old Town Pasadena.
24
00:01:22,667 --> 00:01:23,667
We weren't meeting up--
25
00:01:23,734 --> 00:01:24,600
- Just a second.
- Yeah.
26
00:01:24,667 --> 00:01:27,900
So, you were in a bar in Pasadena, 7 p.m.,
27
00:01:27,967 --> 00:01:29,467
just the two of you,
or were there more people?
28
00:01:29,533 --> 00:01:31,900
- No.
- How many were there in the whole group?
29
00:01:31,967 --> 00:01:34,734
I had around
five or six people in my group,
30
00:01:34,800 --> 00:01:36,400
{\an8}- and we went to a bar--
- All friends?
31
00:01:36,467 --> 00:01:38,000
- {\an8}-
- Yeah.
- And you?
32
00:01:38,066 --> 00:01:39,333
{\an8}He wasn't a part of that group.
33
00:01:39,400 --> 00:01:40,500
But you were at the bar?
34
00:01:40,567 --> 00:01:43,600
No, ma'am.
I was at work when he contacted me.
35
00:01:43,667 --> 00:01:45,200
Okay. So...
36
00:01:45,266 --> 00:01:49,433
So, you were at the bar,
starting at seven, with your friends,
37
00:01:49,500 --> 00:01:50,800
- he wasn't there.
- Yeah.
38
00:01:50,867 --> 00:01:52,700
Okay. What time did he join you?
39
00:01:52,767 --> 00:01:55,166
It wasn't...
I couldn't tell you the exact time.
40
00:01:55,233 --> 00:01:56,133
Approximately.
41
00:01:56,200 --> 00:01:58,533
- About an hour later.
- At the bar.
42
00:01:58,600 --> 00:02:01,033
Yeah. But it wasn't a text
or anything like that.
43
00:02:01,100 --> 00:02:02,967
He just happened to go to the same bar.
44
00:02:03,033 --> 00:02:06,800
No, ma'am. What ended up happening,
from the start, I was at work,
45
00:02:07,200 --> 00:02:10,000
- he contacted me via text, I don't--
- Do you have that text?
46
00:02:10,066 --> 00:02:12,734
No, ma'am. I tried to erase
the whole memory from my mind,
47
00:02:12,800 --> 00:02:16,100
so I deleted all the pictures and texts--
- Oh, well, that's unfortunate.
48
00:02:16,166 --> 00:02:18,066
- {\an8}-
- Yes.
- That's unfortunate. I've never done that,
49
00:02:18,133 --> 00:02:22,300
{\an8}by the way. You know, deleted-- Wanted to
erase something from my mind, so I...
50
00:02:22,867 --> 00:02:25,467
didn't just say,
"I'm not going to think about it anymore."
51
00:02:25,533 --> 00:02:27,734
I've never done that.
Did you ever do that, Sarah?
52
00:02:27,800 --> 00:02:29,333
- I have not.
- You have not.
53
00:02:29,767 --> 00:02:32,467
And she's pretty efficient
with text messages.
54
00:02:32,533 --> 00:02:34,800
- Did you ever do that?
- Never have I done that.
55
00:02:34,867 --> 00:02:37,300
No. Well, you must be unusual, sir.
56
00:02:37,367 --> 00:02:39,934
Okay. So, you met at the bar.
57
00:02:40,000 --> 00:02:41,400
What time did you get there?
58
00:02:41,467 --> 00:02:43,834
Uh... Well, my shift ended
at around 9 o'clock--
59
00:02:43,900 --> 00:02:46,166
- But what time did you get to the bar?
- 10 o'clock.
60
00:02:46,233 --> 00:02:49,133
{\an8}And when you got to the bar,
you met Mr. Costello.
61
00:02:49,200 --> 00:02:51,133
- {\an8}-
- Yes, ma'am.
- He had a few friends with him.
62
00:02:51,200 --> 00:02:54,100
{\an8}How long did you stay at the bar?
Uh... We were there till 12.
63
00:02:54,166 --> 00:02:56,700
Okay. So, Mr. Costello,
you had been drinking
64
00:02:56,767 --> 00:02:59,333
from 7 until about 12.
65
00:02:59,400 --> 00:03:01,767
- Correct--
- The answer is yes. Yes, of course.
66
00:03:01,834 --> 00:03:03,667
And what's your drink of choice, sir?
67
00:03:03,734 --> 00:03:05,300
Uh... Beer.
68
00:03:05,767 --> 00:03:06,900
What else?
69
00:03:06,967 --> 00:03:09,967
The first bar that we were at
doesn't serve hard alcohol.
70
00:03:10,033 --> 00:03:11,367
So it was just beer there.
71
00:03:11,433 --> 00:03:12,867
Okay. So from seven to when
72
00:03:12,934 --> 00:03:14,166
- were you at the first bar?
- Yeah.
73
00:03:14,233 --> 00:03:15,333
From seven to when?
74
00:03:15,400 --> 00:03:16,367
Seven till when?
75
00:03:16,433 --> 00:03:17,667
- Till 12.
- Till 12. Yeah.
76
00:03:17,734 --> 00:03:18,600
So at 7 to 12--
77
00:03:18,667 --> 00:03:20,400
But I was driving
the same time as well.
78
00:03:20,467 --> 00:03:23,567
Okay. So from 7 to 12
you were drinking beer?
79
00:03:23,633 --> 00:03:26,800
- Yeah.
- And then where did you go at 12 o'clock?
80
00:03:26,867 --> 00:03:28,367
After 12 o'clock, we ended up going
81
00:03:28,433 --> 00:03:30,500
- to another bar in Arcadia.
- Okay.
82
00:03:30,567 --> 00:03:32,934
And you stayed there
from when to when?
83
00:03:33,000 --> 00:03:35,700
Uh... from 12 till closing,
which is 2 a.m.
84
00:03:35,767 --> 00:03:37,600
And you were part of that group?
85
00:03:37,667 --> 00:03:39,567
Yes, that's when
I initially met the group.
86
00:03:39,633 --> 00:03:41,700
- At the second bar, or the first--
- At the second bar, yes.
87
00:03:41,767 --> 00:03:43,266
- Not at the first bar.
- No, ma'am.
88
00:03:43,333 --> 00:03:46,900
Okay. So you got to the second bar,
you were there about...
89
00:03:46,967 --> 00:03:49,467
- You said you were there at 10 o'clock.
- Yes.
90
00:03:49,533 --> 00:03:51,767
So they weren't there when you arrived.
91
00:03:51,834 --> 00:03:54,000
They were there when I arrived, yes.
92
00:03:54,066 --> 00:03:55,233
Well, he said that--
93
00:03:55,300 --> 00:03:58,066
I though he said
he got to the second bar at 12 o'clock.
94
00:03:58,133 --> 00:04:00,633
I arrived at the bar
around 10 o'clock, ma'am.
95
00:04:00,700 --> 00:04:03,567
- And you got there at 12 o'clock.
- Yeah.
96
00:04:03,633 --> 00:04:07,700
So, by the time you all got together
and left the bar,
97
00:04:07,767 --> 00:04:09,934
you had all been drinking,
you for a very long time,
98
00:04:10,000 --> 00:04:11,400
and you for a shorter time.
99
00:04:11,467 --> 00:04:13,800
- Yes, ma'am.
- So, from 10 to 2...
100
00:04:13,867 --> 00:04:16,066
So, four hours.
And what's your drink of choice?
101
00:04:16,133 --> 00:04:18,433
Ten to twelve, Your Honor,
I apologize. Ten to twelve.
102
00:04:18,500 --> 00:04:21,934
- Where did you go at 12 o'clock?
- Twelve o'clock is when...
103
00:04:22,000 --> 00:04:26,433
we had all decided to go to a park,
kind of a low-key area.
104
00:04:26,500 --> 00:04:28,200
No, he said that he went to a bar
105
00:04:28,266 --> 00:04:29,800
{\an8}between 7 and 12...
106
00:04:30,367 --> 00:04:32,834
- {\an8}-
- Am I correct? What did he say?
- Seven and twelve.
107
00:04:32,900 --> 00:04:35,767
He said that you were at the bar,
the first bar, between 7 and 12,
108
00:04:35,834 --> 00:04:37,800
- drinking beer, that's what you said.
- Correct.
109
00:04:37,867 --> 00:04:40,934
- You said the first bar only served beer.
- Mm-hmm.
110
00:04:41,000 --> 00:04:42,533
"Uh-huh" is not an answer.
111
00:04:42,600 --> 00:04:43,734
- "Yes" is an answer.
- Yes.
112
00:04:43,800 --> 00:04:45,600
You say at 12 o'clock
113
00:04:45,667 --> 00:04:49,100
you went to a second bar
where you had alcohol between...
114
00:04:49,166 --> 00:04:51,166
- Twelve and two.
- Yes.
115
00:04:51,233 --> 00:04:52,433
- Yes?
- Yes. Correct.
116
00:04:52,500 --> 00:04:54,567
You got to a bar at 10 o'clock.
117
00:04:54,633 --> 00:04:55,900
- Yes.
- Which one?
118
00:04:55,967 --> 00:04:57,100
The beer bar,
119
00:04:57,166 --> 00:05:00,333
- or the alcohol bar?
- I finished my shift, like I said, at 9,
120
00:05:00,400 --> 00:05:03,633
and I showed up at the bar at 10,
to meet up with them.
121
00:05:03,700 --> 00:05:05,467
To try to rekindle an old friendship.
122
00:05:05,533 --> 00:05:06,567
Okay. Yeah.
123
00:05:07,600 --> 00:05:09,100
I actually don't care about that.
124
00:05:09,166 --> 00:05:10,333
All right. So...
125
00:05:10,400 --> 00:05:13,066
Partially you got
your stories straight, partially not.
126
00:05:13,133 --> 00:05:14,734
Anyway, you were two drunks,
127
00:05:14,800 --> 00:05:17,500
now it's after 2 o'clock,
and you decide to go to a park.
128
00:05:17,567 --> 00:05:19,934
How many people went to a park,
and what park?
129
00:05:20,000 --> 00:05:22,233
It was the same amount of people
that I was with from the start.
130
00:05:22,300 --> 00:05:24,066
And you were along, at the park?
131
00:05:24,133 --> 00:05:25,300
Yes, ma'am. Yes, I was.
132
00:05:25,367 --> 00:05:27,967
Okay. Did you take any beers to the park,
or you went without them?
133
00:05:28,033 --> 00:05:30,033
You took beers to the park.
The answer is yes.
134
00:05:30,100 --> 00:05:33,433
Yeah, the main reason of going to the park
was after the bar had closed
135
00:05:33,500 --> 00:05:37,333
Jacob mentioned to the group
that he had beers with him.
136
00:05:37,400 --> 00:05:39,700
So that incited us
to go to the park, and have some--
137
00:05:39,767 --> 00:05:41,400
- To continue drinking.
- Exactly.
138
00:05:41,467 --> 00:05:43,667
- Yeah.
- Yes, prior to me showing up,
139
00:05:43,734 --> 00:05:46,433
- -I did stop by a 7-
- Eleven--
- Okay, so you had beers with you,
140
00:05:46,500 --> 00:05:48,000
- and you were at the bar.
- Yes.
141
00:05:48,066 --> 00:05:49,266
Nice. Very good.
142
00:05:49,333 --> 00:05:51,033
Now you get to the park,
you're drinking beers,
143
00:05:51,100 --> 00:05:54,266
Now you're going to describe
what you say is the assault
144
00:05:54,333 --> 00:05:57,467
that you suffered
at the hands of Mr. Knapp.
145
00:05:57,533 --> 00:06:01,433
Now, I want you to know my feeling
before you tell me the story.
146
00:06:01,500 --> 00:06:03,433
- Okay.
- I usually don't get myself
147
00:06:03,500 --> 00:06:05,700
overly exercised about what...
148
00:06:05,767 --> 00:06:08,333
drunks do in a park.
149
00:06:08,400 --> 00:06:09,700
- Okay, do you understand?
- Mm-hmm.
150
00:06:09,767 --> 00:06:12,000
I know that you may be
all exercised about it,
151
00:06:12,066 --> 00:06:15,000
although I'm not exactly sure
you're all exercised about it.
152
00:06:15,066 --> 00:06:18,567
So, if you really are, I'm going to
listen to you, if you're not,
153
00:06:18,633 --> 00:06:21,000
- Yeah.
- We just eliminate this case.
154
00:06:21,066 --> 00:06:21,934
Do you understand?
155
00:06:22,000 --> 00:06:22,900
- Mm-hmm.
- Yes, ma'am.
156
00:06:27,100 --> 00:06:29,700
If you just simply toss me a beer,
I don't understand how
157
00:06:29,767 --> 00:06:31,333
a beer can could chip my tooth
the way that it did--
158
00:06:31,400 --> 00:06:35,367
Just a second! I can eat a biscotti,
and it can chip my tooth.
159
00:06:35,433 --> 00:06:36,734
Biscotti, that's a cookie.
160
00:06:36,800 --> 00:06:40,300
And I could chip my tooth
on my grandmother's steak
161
00:06:40,367 --> 00:06:41,233
it was so hard.
162
00:06:41,300 --> 00:06:43,033
[laughter]
163
00:06:52,433 --> 00:06:57,000
{\an8}[narrator] Giovanni Costello
claims his former friend, Jacob Knapp,
164
00:06:57,066 --> 00:06:58,667
owes for dental bills,
165
00:06:58,734 --> 00:07:00,367
after being hit in the mouth
166
00:07:00,433 --> 00:07:01,767
with a beer can.
167
00:07:01,834 --> 00:07:03,033
Okay. Go!
168
00:07:03,100 --> 00:07:04,834
You're in the park, drunk.
169
00:07:04,900 --> 00:07:06,700
- He's in the park, drunk.
- Yes.
170
00:07:06,767 --> 00:07:07,800
And?
171
00:07:07,867 --> 00:07:10,033
To state I was not drunk,
because I was driving
172
00:07:10,100 --> 00:07:11,834
- my witness here back from--
- I wanna tell you something, babe,
173
00:07:11,900 --> 00:07:14,667
if you were drinking from 7 to 2,
you were drunk.
174
00:07:14,734 --> 00:07:17,433
- I hadn't been drinking the whole time--
- Let's go. Let's go.
175
00:07:17,500 --> 00:07:22,367
So, going into it, I was sitting
at a park bench with Maureen here.
176
00:07:22,433 --> 00:07:24,967
And then I had another two friends
that were on the other side.
177
00:07:25,033 --> 00:07:28,600
And we're hanging out. They had--
The two across from me got up.
178
00:07:29,033 --> 00:07:32,367
They went further into the park,
and I was sitting with just her alone.
179
00:07:32,433 --> 00:07:35,633
And I was just about to show her
a video off my phone.
180
00:07:35,700 --> 00:07:38,000
Next thing I know,
I get hit in the face by a beer.
181
00:07:38,066 --> 00:07:39,433
After that occurs,
182
00:07:39,500 --> 00:07:42,500
{\an8}I reach to my mouth,
to see something's wrong there.
183
00:07:42,567 --> 00:07:45,834
{\an8}And I feel that, like,
a part of my tooth is missing.
184
00:07:45,900 --> 00:07:47,166
- Okay, that's what we're talking about.
- Yeah.
185
00:07:47,233 --> 00:07:49,000
- The assault that you're talking about.
- Mm-hmm. Yeah.
186
00:07:49,066 --> 00:07:50,567
And you allege that
187
00:07:50,633 --> 00:07:52,967
Mr. Knapp was the one
who threw the beer bottle.
188
00:07:53,033 --> 00:07:54,367
- Yes.
- Okay.
189
00:07:54,433 --> 00:07:55,533
It was a full beer can.
190
00:07:55,600 --> 00:07:57,800
- A can.
- Yeah. Not a bottle.
191
00:07:57,867 --> 00:08:00,700
- I have to disagree, I'm sorry.
- Did you report this to the police?
192
00:08:00,767 --> 00:08:02,633
- I did not take it to the police because--
- Wait just a second,
193
00:08:02,700 --> 00:08:04,000
- I'm just asking you...
- Oh. Sorry.
194
00:08:04,066 --> 00:08:05,600
- The answer is no.
- No.
195
00:08:05,667 --> 00:08:07,934
- I disagree with this.
- Disagree that he went to the police?
196
00:08:08,000 --> 00:08:10,600
- With his story.
- I'll-- I'll get there. Okay.
197
00:08:10,667 --> 00:08:12,900
So, now you get hit
in the face with a beer can.
198
00:08:12,967 --> 00:08:16,367
Step by step. You look down,
you look at your tooth...
199
00:08:16,433 --> 00:08:20,400
{\an8}I realize it's chipped, I say out loud,
"My tooth is chipped," she doesn't--
200
00:08:20,467 --> 00:08:22,834
{\an8}Don't tell me nothing
about "she." Just you.
201
00:08:22,900 --> 00:08:25,166
Oh. Just me? I just--
I noticed it was chipped.
202
00:08:25,233 --> 00:08:27,967
And then, after I announced
that it was chipped,
203
00:08:28,033 --> 00:08:31,834
{\an8}several of my friends, I guess,
went towards him, and--
204
00:08:31,900 --> 00:08:33,934
But you didn't tell me
anything about him.
205
00:08:34,000 --> 00:08:37,033
You didn't tell me. You just said
you got hit in the face with a beer can.
206
00:08:37,100 --> 00:08:38,200
- Yeah.
- That's all you said to me.
207
00:08:38,266 --> 00:08:40,367
And he was the only other person
that was standing right there,
208
00:08:40,433 --> 00:08:41,867
besides her sitting next to me.
209
00:08:41,934 --> 00:08:44,934
So you didn't see him
throw the beer can at you.
210
00:08:45,000 --> 00:08:46,300
There was no one else there.
211
00:08:46,367 --> 00:08:48,200
- I'm just--
- Yeah. Oh. Sorry.
212
00:08:48,266 --> 00:08:50,133
I didn't see him throw it at me,
213
00:08:50,200 --> 00:08:52,667
but I never-- There was never a case of...
214
00:08:53,100 --> 00:08:56,400
So you didn't. That's all.
You didn't see him throw it at you.
215
00:08:56,467 --> 00:08:57,800
- No.
- Okay. Go.
216
00:08:57,867 --> 00:09:00,400
- From the park, Your Honor?
- Take it from the park.
217
00:09:00,467 --> 00:09:03,033
- So...
- Now I got 2 drunks in the park, maybe 3.
218
00:09:03,100 --> 00:09:05,500
There was actually more than just
three of us surrounding the table.
219
00:09:05,567 --> 00:09:08,300
- Just a second. Go slowly.
- Okay. Sorry.
220
00:09:08,367 --> 00:09:12,233
Slower. I don't know a table, I have
no idea what you're talking about.
221
00:09:12,300 --> 00:09:15,767
So, as he was saying, we were
sitting at a park bench.
222
00:09:15,834 --> 00:09:18,000
I had brought the beer,
the beer was next to me.
223
00:09:18,066 --> 00:09:20,133
He had asked me to toss him a beer.
224
00:09:20,200 --> 00:09:24,300
{\an8}And that's plainly what I did.
I underhanded him, lightly,
225
00:09:24,367 --> 00:09:27,967
a beer to him, and in his defense
he's saying he wasn't drunk,
226
00:09:28,033 --> 00:09:30,700
but it definitely was
apparent that he was...
227
00:09:30,767 --> 00:09:33,900
Anybody who's been drinking
from seven to two in the morning is drunk.
228
00:09:33,967 --> 00:09:37,900
Yes, ma'am. So, I lightly tossed him
a beer, unfortunately it was dark enough
229
00:09:37,967 --> 00:09:41,633
to where he had missed,
and the beer had hit him in the face.
230
00:09:41,700 --> 00:09:45,400
Which, after-- Immediately,
I started to apologize to him,
231
00:09:45,467 --> 00:09:47,066
stating that I didn't mean to,
232
00:09:47,133 --> 00:09:52,166
but it was apparent that he was looking
at me, and did not catch the beer, so...
233
00:09:52,233 --> 00:09:54,533
Personally, I think that everything
he's said to you right now is--
234
00:09:54,600 --> 00:09:57,433
Okay, that's your story.
You tossed him a beer,
235
00:09:57,500 --> 00:09:59,967
because he asked you,
he said, "Toss me a beer..."
236
00:10:00,033 --> 00:10:03,734
- Yes, Your Honor.
- And it was dark. And you were drunk.
237
00:10:03,800 --> 00:10:04,633
And he was drunk.
238
00:10:04,700 --> 00:10:07,300
I wasn't drunk, Your Honor.
I had four beers...
239
00:10:07,367 --> 00:10:08,533
- within the time of--
- Nah
240
00:10:08,600 --> 00:10:11,200
- 10 o'clock till this incident happened.
- Nah. I'm not...
241
00:10:11,266 --> 00:10:13,934
Yeah, you know,
I'm not real comfortable with that, sir.
242
00:10:14,000 --> 00:10:17,300
Because according to you, you had
been drinking for four hours,
243
00:10:17,767 --> 00:10:19,834
and not only were you drinking
for four hours,
244
00:10:19,900 --> 00:10:23,066
but you brought extra alcohol
to have in the park.
245
00:10:23,133 --> 00:10:26,500
- Which was in a closed container.
- By the way, where do you live?
246
00:10:26,567 --> 00:10:28,700
- In Pasadena, Your Honor.
- In California.
247
00:10:28,767 --> 00:10:32,433
Are you allowed to drink alcohol
in parks in California?
248
00:10:32,500 --> 00:10:34,967
- I'm not certain.
- Well, let's find out.
249
00:10:35,033 --> 00:10:38,967
Open beer cans in city parks,
in California.
250
00:10:39,033 --> 00:10:40,433
- That's a no.
- So, after...
251
00:10:40,500 --> 00:10:43,233
- We're not talking yet.
- Oh. I'm sorry. Excuse me.
252
00:10:43,300 --> 00:10:47,133
Drinking alcoholic beverages
is a prohibited activity
253
00:10:47,200 --> 00:10:51,900
in parks and park areas,
according to the Pasadena city park rules.
254
00:10:51,967 --> 00:10:54,934
Thank you. This park
that you went to, what's the name of it?
255
00:10:55,000 --> 00:10:57,900
Not sure. It was up the street
from the last bar we were at.
256
00:10:57,967 --> 00:11:02,266
Okay. Now, did you, Mr. Costello,
and the defendant,
257
00:11:02,333 --> 00:11:04,300
immediately after this event,
258
00:11:04,367 --> 00:11:08,033
did you communicate with him
via text or email?
259
00:11:08,100 --> 00:11:10,834
I texted him, I think it was roughly
a couple of days later.
260
00:11:10,900 --> 00:11:14,367
- Okay. I'd like to see the text.
- Mm-hmm. I have that.
261
00:11:14,433 --> 00:11:17,100
That's all I wanted to know.
Don't say anything else.
262
00:11:17,166 --> 00:11:18,033
Okay.
263
00:11:18,100 --> 00:11:22,567
Just show me the texts that
you sent him a couple of days later.
264
00:11:22,633 --> 00:11:23,500
Here it is.
265
00:11:26,567 --> 00:11:28,567
Okay. Thanks, Kevin.
266
00:11:29,400 --> 00:11:32,633
I'd like to see these texts
from your phone,
267
00:11:33,066 --> 00:11:37,834
and I'd like to see all your
text messages, starting September 14th.
268
00:11:37,900 --> 00:11:40,033
- It's right here.
- Of 2021.
269
00:11:46,100 --> 00:11:51,667
No. Sir, you have to understand,
what you said to me here,
270
00:11:51,734 --> 00:11:55,967
what you have me,
is two texts a year apart.
271
00:11:57,133 --> 00:12:01,567
- I want to see the texts to him...
- There's nothing.
272
00:12:01,633 --> 00:12:05,433
...after September 14th. You mean,
he didn't respond at all to this?
273
00:12:05,500 --> 00:12:08,100
- I don't believe that.
- The next thing I did was send him
274
00:12:08,166 --> 00:12:11,000
a letter through the mail, and I have that
here, and I have proof of it where
275
00:12:11,066 --> 00:12:14,734
I had it so where he had to sign for it,
and I have the receipt for it as well.
276
00:12:14,800 --> 00:12:15,767
What date?
277
00:12:15,834 --> 00:12:18,633
- That one, I can pull it up right here.
- I'm sorry, what letter?
278
00:12:18,700 --> 00:12:20,767
- I never received a letter.
- Just a sec.
279
00:12:20,834 --> 00:12:24,600
So what you're telling me is that
I'm supposed to believe
280
00:12:25,066 --> 00:12:28,533
that after you sent this email
on September 14th,
281
00:12:28,600 --> 00:12:30,834
which is three days after the event,
282
00:12:31,900 --> 00:12:36,333
he never responded to you, and you
never sent a follow-up email or text.
283
00:12:36,400 --> 00:12:38,967
That was the letter,
and in the letter I gave him--
284
00:12:39,033 --> 00:12:40,667
- Shh, just a sec.
- Okay.
285
00:12:43,734 --> 00:12:46,567
Oh. Here, take this back, it's nonsense.
286
00:12:49,066 --> 00:12:51,667
I don't want to see something prepared
for litigation, sir, you said
287
00:12:51,734 --> 00:12:55,200
you had a document that you sent to him,
that he had to sign for.
288
00:12:55,266 --> 00:12:58,066
If you sent him a letter,
return receipt requested,
289
00:12:58,133 --> 00:13:01,700
then you have a return receipt requested
with a signature on it.
290
00:13:01,767 --> 00:13:04,400
That's a document
that you prepared two days ago.
291
00:13:04,467 --> 00:13:06,233
I have the receipt in here.
292
00:13:06,300 --> 00:13:07,266
Let's get it.
293
00:13:07,333 --> 00:13:10,000
Okay, I never signed such a document.
294
00:13:10,066 --> 00:13:11,800
- Don't shout out again.
- Yes, ma'am.
295
00:13:11,867 --> 00:13:14,266
It's annoying,
and I'm annoyed enough with this case.
296
00:13:14,333 --> 00:13:16,500
I'm sorry for being so unorganized.
297
00:13:16,567 --> 00:13:17,900
- Me too.
- Yeah.
298
00:13:17,967 --> 00:13:21,533
I'm sorry you're so unorganized too.
Or "disorganized."
299
00:13:21,600 --> 00:13:23,033
- Oh, here it is.
- Great.
300
00:13:23,100 --> 00:13:24,433
Certified mail.
301
00:13:29,000 --> 00:13:30,233
It's stuck to the back one.
302
00:13:32,834 --> 00:13:36,200
This was sent April of 2022.
303
00:13:36,266 --> 00:13:39,967
I want to see what the response was...
304
00:13:40,033 --> 00:13:42,467
- There had to be a response...
- I never got a response.
305
00:13:42,533 --> 00:13:45,900
...since September 14th, 2021.
There had to be a response.
306
00:13:45,967 --> 00:13:47,800
- I never got a response from him.
- Kevin.
307
00:13:47,867 --> 00:13:53,133
Show this to Mr. Knapp, and tell me
if he recalls this text message.
308
00:13:58,734 --> 00:14:01,467
Your Honor, no, I do not remember
getting this text.
309
00:14:03,467 --> 00:14:05,567
Then why would you respond a year later?
310
00:14:06,033 --> 00:14:09,266
I know from the past,
dealing with Mr. Knapp here,
311
00:14:09,333 --> 00:14:12,033
he tends to always... being friends,
312
00:14:12,100 --> 00:14:15,700
whenever we get into an altercation
or an argument, he unfollows me,
313
00:14:15,767 --> 00:14:20,000
blocks me on everything,
so there's a possibility--
314
00:14:20,066 --> 00:14:21,900
I don't deal in possibilities, sir.
315
00:14:21,967 --> 00:14:24,834
I sent the text message,
and I have proof that it was delivered.
316
00:14:24,900 --> 00:14:28,000
- And I never got a response from him.
- I'm just ask-- Sir.
317
00:14:28,066 --> 00:14:30,233
This incident happened September 11th.
318
00:14:30,300 --> 00:14:33,467
You have to understand I think
that if that's what happened...
319
00:14:34,333 --> 00:14:39,600
I tend to believe that the defendant
did not just willy-nilly take a can
320
00:14:39,667 --> 00:14:41,233
and fling it at your face.
321
00:14:41,300 --> 00:14:42,633
I want you to know
that I don't believe that.
322
00:14:45,967 --> 00:14:48,700
He was stupid enough to throw
the beer can in his direction.
323
00:14:48,767 --> 00:14:50,667
You're two drunks, that's what happens.
324
00:14:50,734 --> 00:14:53,734
So, don't get so drunk and go to a park.
How old are you?
325
00:14:53,800 --> 00:14:56,033
- Twenty-seven.
- Twenty-seven years old. And you?
326
00:14:56,100 --> 00:14:56,967
Twenty-eight, Your Honor.
327
00:14:57,033 --> 00:14:59,567
Twenty-eight!
You know, old enough not to be so stupid.
328
00:15:11,400 --> 00:15:16,166
{\an8}[narrator] Giovanni Costello has accused
his former friend, Jacob Knapp,
329
00:15:16,233 --> 00:15:18,400
of hitting him with a beer can.
330
00:15:18,467 --> 00:15:21,600
Jacob says Giovanni asked him to throw it.
331
00:15:21,667 --> 00:15:25,533
Okay, it is more likely,
more likely than not,
332
00:15:25,600 --> 00:15:29,300
that you were sitting with this lady, who,
according to you, you were supposed
333
00:15:29,367 --> 00:15:33,867
to drive home. That's what you said five
minutes ago. So, you were supposed
334
00:15:33,934 --> 00:15:36,900
to drive her home, which means
"She was trashed," that's what you said.
335
00:15:36,967 --> 00:15:38,400
- You said, "I wasn't--"
- Those were the arrangements
336
00:15:38,467 --> 00:15:41,066
- from the beginning of the night.
- Okay. So, do you understand?
337
00:15:41,133 --> 00:15:45,734
So, we had a whole bunch of "trashed"
people, and I am more likely to believe
338
00:15:46,133 --> 00:15:49,900
the defendant when he says
you said to him, "Toss me a beer."
339
00:15:49,967 --> 00:15:52,300
And it accidentally hit you in the face.
340
00:15:52,367 --> 00:15:55,767
- My questioning is that the--
- I don't answer questions.
341
00:15:55,834 --> 00:15:58,200
Okay, well, where the beer
was placed on the table,
342
00:15:58,266 --> 00:16:01,867
I don't understand why I would have to ask
him to toss me a beer when I can simply
343
00:16:01,934 --> 00:16:03,233
reach over and grab one myself.
344
00:16:03,300 --> 00:16:04,500
I don't know either.
345
00:16:04,567 --> 00:16:10,533
{\an8}But it sounds more likely to me that not
that it was his beer, he brought it there,
346
00:16:10,600 --> 00:16:13,834
{\an8}and you said to him, "Toss me a beer."
And you failed to catch it.
347
00:16:13,900 --> 00:16:16,633
Now, that doesn't mean that the defendant
348
00:16:16,700 --> 00:16:21,133
isn't at least partially responsible
for the stupidity of that night.
349
00:16:21,200 --> 00:16:23,266
But you have some responsibility too.
350
00:16:23,333 --> 00:16:27,066
Because I really don't believe
that he left the bar, he was...
351
00:16:27,633 --> 00:16:31,767
angry and frustrated over something,
that you had no idea
352
00:16:31,834 --> 00:16:35,467
what he was angry and frustrated over,
because you were all sitting together,
353
00:16:35,533 --> 00:16:39,533
and he just, out of the blue,
took a beer and threw it at your face.
354
00:16:39,600 --> 00:16:40,934
I don't believe that.
355
00:16:41,000 --> 00:16:43,667
- Do you understand?
- If I could show you a picture here,
356
00:16:43,734 --> 00:16:47,834
you could see that...
if he just simply tossed me a beer,
357
00:16:47,900 --> 00:16:50,700
I don't understand how a beer can
could chip my tooth the way that it did.
358
00:16:50,767 --> 00:16:54,166
- Just a second! It can. It can.
- Okay.
359
00:16:54,233 --> 00:16:57,600
I can eat a biscotti
and it can chip my tooth.
360
00:16:58,700 --> 00:17:01,567
- [laughter]
- That's a cookie, a very hard cookie.
361
00:17:01,633 --> 00:17:03,133
And have.
362
00:17:03,200 --> 00:17:07,834
I mean, I could chip my tooth
on my grandmother's steak it was so hard.
363
00:17:07,900 --> 00:17:12,700
But certainly from a beer can.
So I don't believe that you're blameless.
364
00:17:12,767 --> 00:17:15,467
- What was your dental bill, sir?
- The statement's here.
365
00:17:15,533 --> 00:17:18,700
While he's looking for that,
you understand
366
00:17:18,767 --> 00:17:23,967
that if you were sitting there,
and instead of a bunch of beer cans,
367
00:17:24,033 --> 00:17:26,834
and the plaintiff said to you,
368
00:17:26,900 --> 00:17:28,867
"You know, that gun
that's in your pocket,
369
00:17:28,934 --> 00:17:31,133
toss it over to me,
I wanna take a look at it"
370
00:17:31,200 --> 00:17:36,033
And you took the gun out of your pocket,
and you tossed it over to him,
371
00:17:36,100 --> 00:17:40,200
{\an8}and as you were tossing it over, it
accidentally fired. Would it be his fault?
372
00:17:40,266 --> 00:17:41,734
{\an8}If he got shot?
373
00:17:41,800 --> 00:17:44,133
- No.
- No. Who's fault would it be?
374
00:17:44,200 --> 00:17:47,867
- Mine.
- Because you aren't supposed to do that.
375
00:17:47,934 --> 00:17:50,266
- Because it was potentially dangerous.
- Of course.
376
00:17:50,333 --> 00:17:54,567
Well, same thing with a knife,
or an explosive device.
377
00:17:54,633 --> 00:17:57,500
- Right.
- Or something very hot.
378
00:17:57,567 --> 00:17:59,600
- Like, "Toss me a cup of coffee..."
- [laughter]
379
00:17:59,667 --> 00:18:04,767
...in a container, and it splatters.
So, you don't do what anybody
380
00:18:04,834 --> 00:18:08,500
asks you to do,
if it's not a smart thing to do.
381
00:18:08,567 --> 00:18:10,300
- Right.
- Unless you're drunk!
382
00:18:11,734 --> 00:18:14,700
- Unless you're drunk.
- Your Honor, if I may...
383
00:18:14,767 --> 00:18:18,800
Coming from a baseball background,
such as me and Gio did--
384
00:18:18,867 --> 00:18:20,934
I don't care
about your baseball background.
385
00:18:21,000 --> 00:18:24,633
There's no question, sir, that you
acknowledge that you threw it at him.
386
00:18:24,700 --> 00:18:27,767
And I'm telling you that your excuses
387
00:18:27,834 --> 00:18:31,667
that "He asked me to do it
so I followed the fool's directions..."
388
00:18:31,734 --> 00:18:34,633
I'm telling you, he's gonna pay
part of his dental bill, because
389
00:18:34,700 --> 00:18:37,533
I think it was partially
his responsibility,
390
00:18:37,600 --> 00:18:39,567
but if you acknowledge
that you were stupid enough
391
00:18:39,633 --> 00:18:41,533
to throw the beer can in his direction,
392
00:18:41,600 --> 00:18:43,333
you have to be partially liable.
393
00:18:43,400 --> 00:18:47,433
You're two drunks, that's what happens.
So, don't get so drunk and go to a park.
394
00:18:47,500 --> 00:18:49,266
- How old are you?
- Twenty-seven.
395
00:18:49,333 --> 00:18:51,533
- Twenty-seven years old! And you?
- Twenty-eight, Your Honor.
396
00:18:51,600 --> 00:18:54,367
Twenty-eight.
You know, old enough not to be so stupid.
397
00:18:54,433 --> 00:18:58,433
You know, you can figure 17-18 year olds
are so stupid, at age 28,
398
00:18:58,500 --> 00:19:00,333
you should be doing
something constructive.
399
00:19:00,400 --> 00:19:01,600
I assume you work?
400
00:19:01,667 --> 00:19:03,300
- Yes.
- What kind of work do you do?
401
00:19:03,367 --> 00:19:04,367
- I'm a chef.
- And you?
402
00:19:04,433 --> 00:19:06,533
- And you?
- I'm a lumberman, Your Honor.
403
00:19:06,600 --> 00:19:10,934
Okay, so you're both gainfully employed,
letting off a little steam, that's fine.
404
00:19:11,000 --> 00:19:14,900
But if there's a problem that develops
because anybody is not operating
405
00:19:14,967 --> 00:19:17,867
on all cylinders because of alcohol,
you have to take responsibility.
406
00:19:17,934 --> 00:19:19,133
What was the dental bill?
407
00:19:19,200 --> 00:19:21,300
My dental bill came out to...
408
00:19:21,367 --> 00:19:23,233
$2,342.
409
00:19:23,300 --> 00:19:24,767
Can I see that, please, Kevin?
410
00:19:25,233 --> 00:19:27,033
Uh, this-- You need both.
411
00:19:33,300 --> 00:19:34,200
Was...
412
00:19:34,967 --> 00:19:37,567
any of this dental bill
covered by insurance?
413
00:19:37,633 --> 00:19:39,867
- On the dental? No.
- Okay.
414
00:19:39,934 --> 00:19:43,367
- Anything else?
- My wholeheartedly truth is, I...
415
00:19:43,433 --> 00:19:45,033
didn't ask him for a beer.
416
00:19:45,100 --> 00:19:47,567
I had no problems. I was avoiding him
for the whole night, for the most part,
417
00:19:47,633 --> 00:19:50,000
because from the past, Jacob has had a...
418
00:19:50,066 --> 00:19:53,467
way worse drinking problem
than I've ever, like, gotten to.
419
00:19:53,934 --> 00:19:57,333
I went out that night solely to have a
couple of drinks, hang out with friends,
420
00:19:57,400 --> 00:19:59,367
- the night went longer than expected--
- Very nice.
421
00:19:59,433 --> 00:20:04,066
Judgement for the plaintiff for the amount
of $1,171, which is half of your
422
00:20:04,133 --> 00:20:06,233
dental bill, you pay half,
don't get drunk,
423
00:20:06,300 --> 00:20:07,867
you're too old to get drunk.
424
00:20:07,934 --> 00:20:11,734
I don't believe that he maliciously threw
this at you, I think you asked for a beer,
425
00:20:11,800 --> 00:20:14,967
he tossed it at you, and you missed.
That was his stupidity, and yours.
426
00:20:15,033 --> 00:20:17,100
- We're done here, thank you very much.
- Thank you, Your Honor.
427
00:20:17,166 --> 00:20:18,200
[Bailiff]
This court is adjourned.
428
00:20:18,934 --> 00:20:22,066
{\an8}All I did was I underhand,
I lightly tossed it over to him,
429
00:20:22,133 --> 00:20:24,333
{\an8}and that's really what happened.
430
00:20:24,400 --> 00:20:28,400
{\an8}I did nothing wrong to deserve to get a
beer thrown at my face like a baseball.
431
00:20:28,467 --> 00:20:31,567
{\an8}Unfortunately, he chipped his tooth,
so it was unfortunate.
432
00:20:31,633 --> 00:20:35,500
{\an8}I said, "Hey, Jacob, look, you chipped
my tooth. Like, look what you just did."
433
00:20:35,567 --> 00:20:36,834
{\an8}No more drinking in the parks, guys.
434
00:20:36,900 --> 00:20:37,800
{\an8}Not to do it again.
435
00:20:38,734 --> 00:20:42,967
I think this situation is the exact reason
cities like Pasadena have rules
436
00:20:43,033 --> 00:20:46,567
about drinking alcohol in parks,
because like you always say,
437
00:20:46,633 --> 00:20:48,734
"It's not an on-purpose,
it's an accident,"
438
00:20:48,800 --> 00:20:52,834
but a lot of times, there are certain
things that can increase the probability
439
00:20:52,900 --> 00:20:54,500
- of an accident happening.
- That's true!
440
00:20:54,567 --> 00:20:59,767
And I think drinking at 2 a.m.
in a park probably is one of those things.
441
00:20:59,834 --> 00:21:04,000
That's true, so that's--
So many times, rules and regulations
442
00:21:04,066 --> 00:21:07,533
don't seem to have any substance
of reason behind it,
443
00:21:07,600 --> 00:21:12,867
but this certainly is an example of why,
when the bar closes at 2 o'clock,
444
00:21:12,934 --> 00:21:14,433
- you're supposed to go...
- [both] Home!
445
00:21:16,700 --> 00:21:18,033
[narrator]
Want Justice?
446
00:21:18,100 --> 00:21:20,500
Go to JudyJustice.tv