He says that you and his brother were never married,
who is now deceased,
- with you as the beneficiary. - That's correct.
And he said, "We're not legally married."
- Whoo! - All lies.
It's gonna make a lot of sense in the end.
It already makes a lot of sense to me.
This is Judy Justice.
Romona Simpson
is suing her ex-boyfriend's brother, Cleaferse McCowen, Jr.,
for personal property and filing a false police report.
Court, come to order. All rise.
Have a seat, please.
Case #2143. Simpson vs. McCowen, Jr.
- Thank you. - You're welcome.
Ms. Simpson, you lived with Mr. McCowen
for, looks like seven years, is what you said.
Yeah... yes, ma'am. It was off and on.
What do you mean, "off and on"?
Well, I had another residence as well...
Okay.
It's gonna get more complicated, I see, than less complicated.
You lived off and on according... now, according to you,
with the Defendant's brother, who is now deceased.
- Yeah. - It is your claim,
at one point in your papers, that you and the Defendant's brother were married.
- Yes, ma'am. - He passed away...
- Yes, ma'am. - and it is your claim
that the Defendant owes you money, he was the executor of the estate,
and he owes you money for property that he took from the house
and for filing a false police report against you,
I assume indicating that you took things from the house.
- Yes, ma'am. - Okay.
Mr. McCowen says that you and his brother were never married,
while he indicates in his papers,
there might have been some sort of ceremony...
- Yes... Yes. - of marriage...
...that his brother, somehow, must have told him
that he never filed the marriage license, so, the marriage was never valid.
That's correct.
- Is that correct? - That's correct.
Okay, well, let's go to that for a moment.
It's sort of curious, it takes me back to law school days.
And believe me, that really tests my memory.
Were you at the ceremony where your brother married the Plaintiff?
No, ma'am, I was not.
When did your brother tell you that there was a marriage ceremony?
I probably heard it, uh, just throughout life.
You mean throughout life for how long?
From the time that he had any dealings with her.
So, about seven years ago.
Um, yes, ma'am.
So, you asked your brother whether he was married?
- Yes. - How long ago was this?
I would say four years ago.
Okay, so, four years ago
you say to your brother, "I understand that you"...
- and what's your first name? - Mona.
"...Mona got married."
Well, so, he gave me an insurance document
and I was like, "Wow. What's going on? What's... What about all this?"
He gave you an insurance document that said what?
From the VA indicating that I was
going to be the, uh, person that gets the money
upon if he... he demise.
- If he died... - Right and...
- you had a VA insurance policy - Yes, ma'am.
- with you as the beneficiary. - Yes, ma'am.
Okay, and, so he showed you the insurance policy...
- Well, he sent it to me in the mail. - Okay.
E-mail or, uh, electronic and so, I said, "Wow, what's going on?"
So, then I started to ask different questions
and he said, "Well, don't worry about that. We're not legally married."
No, you have to tell me,
- "I said to him..." - I... I said to him,
"So... doesn't your wife..."
"Isn't she the beneficiary?"
Yes, "I don't want to be involved in all this..."
- Right. - And he said, "I am not married.
We went through a ceremony
- and you have 10 days to file the... - Okay.
- Marriage license. - ...the marriage license in Las Vegas,
- Okay. - uh, to solidify the marriage."
And then he said, "I never filed it. We are not married."
- May I? - Did your... Just a second.
Did your brother tell you
that he had ever told Ms. Simpson that he never filed the marriage license?
No, we never had that conversation.
Okay. Well, because you say in your answer, sir,
that, "My brother was too smart for that.
He never mailed in the license."
Well, he, he told me... because there was
a problem between these two,
and so, we talked about that and he said, "I'm not... I'm not married to her."
And he said, "You have to file the document,
and I never filed the document." And I have a copy of that right here.
- Ms. Simpson. - Yes, ma'am.
Tell me when this ceremony took place in Las Vegas.
April, 2013.
Did you travel there with Mr. McCowen?
Yes, ma'am. We moved to Vegas together.
Who was at the ceremony?
It was no ceremony. What happened was we...
I don't know what this is. What happened was
we went to the justice of the peace
- and the 10 days is not accurate... - No, no, now don't...
- I apologize. - Don't tell me... don't tell me...
We had one year
to go to, like, a pastor or minister or something like that,
because we just went to the Justice of the Peace in Vegas,
they give you a year to do it, whereas it's...
I guess with the... what... I think the term is officiant or something,
an officiant has to do it so you can become married permanently.
So, you knew that you were not legally married.
Well, it was legal, but it would be official
af... if you don't do another step within a year.
I understand that, but you never did the other step.
We didn't only because he was sick, ma'am.
- I don't care what the reason was. - I understand.
I don't care if he was watching
- Yellowstone, or if because... - Yes, ma'am.
- It doesn't matter why. - I respect that.
What?
- You can get hooked on that. - Oh, yeah.
- I understand, and that's right. - So, I don't care what the reason is.
You knew that your marriage, because it wasn't confirmed,
- according to you, within a year - Yes, ma'am.
- that you weren't legally married. - Yes, ma'am,
- and that was... - Okay, just a second.
That's all I want to know, that makes my life much easier
- because, Mr. McCowen I want you - Okay, I respect that.
to listen to me very carefully.
Under what you told me, under the events that you told me,
you see, you should've kept your mouth shut.
- No, it's okay, it's gonna be... - No, no, listen...
Okay, in the end, it's gonna make a lot of sense in the end.
No, I understand that it's gonna make a lot of sense to me,
but we're gonna follow the money.
But I just want to tell you, and the people who are watching this,
that when I thought about your answer that you said your brother was too smart
and didn't file the necessary document within 10 days,
my view of that scenario was
that she could still consider herself his wife.
Because if he fraudulently, and in an attempt to deceive her,
didn't mail the marriage license in, she would be the beneficiary.
I'm just letting you know that. You understand what I just said?
- Yes, ma'am. - Because he committed a fraud, on her.
He would have committed a fraud, your brother, on her
into leading her to believe that they were a married couple
and they had the responsibilities and the benefits of a married couple.
But she says,
she volunteered, that she knew they weren't married.
- Yeah. - So, I don't even have to address that.
- It's okay... - Just a second.
- I know where I'm coming from. - Okay.
So, Mr. McCowen, the person that you were involved in for a period of years,
on and off, you had your own place,
but he was ill for a certain period of time?
- Was your brother ill? - No, ma'am.
No. Just a second. He says no. You say he was ill
- for a great portion of that time... Shh! - When I first met him...
Just a second. For a great portion of that time
and that you were his caregiver.
Yes, ma'am.
And you were paid as his caregiver by the government.
- The VA, yes, ma'am. - By the VA.
- To be his caregiver. - Yes, ma'am.
Well, that would be inconsistent with being his wife, to be his caregiver.
Because if you're a wife, you don't get benefits from the VA.
If you are a non-relative and caring for somebody
who's... requires assistance, you may get assistance.
And how much was the VA...
- Just answer my question. - Yes, ma'am.
- This is not my first rodeo. - Okay, I understand.
How much was the VA paying you, a month, to take care of...
- What was your brother's first name? - Marcus.
How much were you being paid to take care of Marcus?
Because you say that one check you didn't get because of him,
it's part of your lawsuit, so,
- you know exactly how much you were paid. - Yes, ma'am.
- How much? - $2,057.55
- A month. - Yes, ma'am.
And when did you start collecting that?
- 2014. - Whoo!
You are a legal stranger.
So, you must have filled out forms that say that you were married.
No. I was considered a family member. I was no longer considered the wife,
- but I was considered... - You're not "no longer",
you were never his wife.
Romona Simpson
claims her ex-boyfriend's brother, Cleaferse McCowen, Jr.,
threw out her personal belongings.
Cleaferse is countersuing for damage and stolen property,
Okay, so, there was a reason why
you didn't continue to solemnize the marriage ceremony
that you went through in 2013
because you started to collect $2,000 a month from the VA in 2014
that you couldn't have collected were you his wife.
- That's a yes. - No, it isn't, ma'am.
The... what... receiving the benefits from the VA,
you have to be a family member.
You have to be related to that person in order to get the stipend pay,
it wasn't a regular VA payment.
And it's for relatives, you have to be a relative for that veteran.
- What are you getting... - Yes, it's true.
- Check that, Sarah. - Pull up stipend pay for the VA.
'Cause we're both disabled veterans.
It's not like I just had to do this, I loved him.
And I cared for him. And he was sick the day I met him.
Just a minute, you're both disabled veterans?
Well, my, my disability is not as... was not as crucial,
is not as crucial as his was.
How much do you collect?
I... I... very minimum because 30%...
I asked a question. That's, "very minimum" is not a number.
Yes. Yes. It's $300 and some change.
But the thing is, Your Honor, may I... may I speak, please?
He was sick from the day that I met him
and I was taking care of him prior for that.
This was his idea because he was familiar with the veterans and the system.
This was his idea, that we can receive funds,
and it stayed right in the household.
We were living together, it was staying in the household
Just... I thought you told me a moment ago you had your own place?
No, no, not then, ma'am. Not then, when we moved back from Vegas,
because we stayed in Vegas for approximately three years.
When we moved back from Vegas he had purchased a home and everything,
and it was supposed to be okay, we were going to be together,
but he started living another, alternate life,
which he was very familiar with because he's introduced him to so many people.
I don't even care about that. I still continued to take care of Marcus
- It was no longer a romantic situation. - Just a second.
Now, you still continue... you had your own place...
We... I lived both places.
Because he needed me more there than he did when we was living together...
What kind of alternative lifestyle was he doing that he
- needed you there part-time? - He was seeing other people...
Other... He was seeing women.
- Pardon me? - He was seeing other women.
- He was seeing other people, yes, ma'am. - Okay.
So, he was seeing other people.
- But you... Let me finish. - Yes, ma'am.
But you continued to receive the $2,057, you knew you weren't married,
that money was coming directly to you, it wasn't coming to him.
- Well... - It was coming to you at what address?
He was giving me a portion from his bank account,
and then, when we discontinued every... everything, there was nothing physical,
then I was receiving my full allotment... at that point,
but I was still taking care of him,
- taking him to the hospital... - I don't care.
Don't go like this and like this.
He's a legal stranger to you and you're getting $2,000 a month
- to take him to the VA. - He was not...
- Ma'am, he was not a legal stranger. - Just a...
He was a legal stranger to you.
Legal. He was not your mother, father, brother, sister, or husband.
- Ma'am he was a dear friend for me. - Okay.
- He continued to be a friend, honestly. - Okay.
- And he knows that. - Well, he's...
- We went to several places together. - I don't care... I'm setting up
for myself what is the actuality of the situation.
Now, I understand that I was really not prepared for this scenario.
I was prepared for somebody, quite frankly, Ms. Simpson,
who had been defrauded by his deceased brother
- into believing... Shh! - And I can get to that.
Into believing they were married, she took care of him when he was sick,
and all of a sudden, now that he's deceased,
his brother comes in, kicks her out of the house,
and takes all of his property.
That's the scenario, but now I understand that that is not the case.
That you knew you weren't married,
that for eight years you collected $2,000 a month
for taking him to the doctors' offices,
to the vet, to taking care of him in the house,
but you understood that he was seeing other people,
that you didn't have an exclusive relationship.
Now I understand it.
And you did receive a certain benefit from that,
because when you moved back from Vegas, you went to your own place
because he was having an alternative life
- that had nothing to do with you. - Well...
At that point, was the money going to his bank account or yours?
- It was going to his bank account, ma'am. - Okay.
Well, you say that he notified the government,
part of your lawsuit is for one month's check that you say...
or two months that you didn't get.
And you say you didn't get it because he notified the VA,
- or somebody notified the VA... - I did.
I don't care who notified the VA. What I want to know is,
were those checks, immediately preceding Mr. McCowen's death,
going into his bank account or yours, that he had...
His. It was going into Marcus' bank account.
Okay, and he was giving you money from that bank account.
Prior to his death, yes, ma'am.
Right up to the time he got sick and died.
- Yeah. Yes, ma'am. - Okay, and how much would he give you?
He would've given me $2,057.
- $2,000... No, you mean total? - All right. Okay.
- I'm sorry. - No, no, no, I get it.
- It was not what I thought, - Yeah.
but I get it. Okay. Money owed for the return of property.
What property?
The property which is my funds, I have jewelry that was missing,
and clothing that I never received because he kicked out his niece
and boarded up the house.
Just a second. Was your brother taken to the hospital?
- Yes, ma'am. - On what date?
28th of, uh, 28th of August, 2021.
Okay.
'Cause he was nowhere to be found.
What?
- He wasn't around. I did that. - Just a second.
Just a second. Did you take him to the hospital?
I had his daughter call the ambulance, I got to Marcus' house,
and I followed him to the hospital, yes, ma'am.
Hey! You wanna just answer my question? I actually understand the whole scenario.
- You understand that, - Yes, ma'am.
that I do understand the, the money part.
I get it. So, when you say his daughter called the ambulance
and you got over there, you got over there from your house.
- Yes, ma'am. - Okay, and who do you live with there?
My daughter and my son.
And in whose name is the lease?
My daughter's, my son, and myself.
- So, all three are on the lease. - Yes, ma'am.
And how long have you had a lease at that address?
Two thousand and seventeen.
Okay, so, we're talking about five years that you've had an alternative address.
You have an answer for me?
There is a Veterans Affairs program
of comprehensive assistance for family caregivers.
It says $2,800 a month, but based on a fee schedule, that can change.
- So, the $2,057 fits within the range. - And does it define family members?
It doesn't... it doesn't define the family caregiver,
only that the VA may appoint someone
who is part of the primary family caregivers to the veteran,
but it doesn't identify who qualifies
- as a family caregiver. - As family. As a family caregiver.
And that's the act that you were under.
- Yes, ma'am. - But you were not a member of his family.
- Yes, ma'am. - You were not a member of his family.
- Well... it goes further than that. - Not a, "well"!
Not a, "well"! This is not a, "well".
You're living with your daughter, your son on a lease since 2017.
You know he's got an alternative lifestyle
that has absolutely nothing to do with you.
He was giving you the $2,000 a month, I don't know why.
- I don't have to get into that. - Right, ma'am...
- But you were not a family member. - It's up to that individual, ma'am.
- If this is for family... - It does go toward... to the veteran,
to then give the family caregiver, though.
Okay, but you are a legal stranger to him,
so you must have filled out forms that say that you were married.
No. It's up to that... it's up to that individual, the veteran, and I'm...
I know how the procedure goes, it's up to that individual.
I was considered a family member, I was no longer considered the wife,
- but I was considered... - Well, you're not "no longer",
- you were never his wife. - I'm okay with that,
- Okay. - because I could've...
So, he had the right, you were never his wife,
he had the right to board up the house
whichever is, and you weren't living there for five years, you had a place.
So, if you had clothes there and your jewelry...
What were your clothes and your jewelry there...
If he was fooling around with other women,
why would you leave your clothes and your jewelry in the house?
Okay, ma'am, the thing is, no one has came to the home
as another woman in that home, I was always there.
He has no proof or evidence that I was not there.
So, basically, I had clothes there because I stayed there,
- I lived there. - Forget it.
You were more than compensated with $2,000 a month.
What's next?
I don't believe that you leave any valuable jewelry
- at his house. - I was there most of the time.
- Honestly. - You don't need valuable jewelry
if you're taking care of a sick person.
Romona Simpson
is accusing Defendant, Cleaferse McCowen, Jr.,
of throwing out her personal belongings.
Do you have any of her property?
No, no, ma'am.
- Did you dispose of any of her property? - I didn't,
- she had no property there. - Just a second.
I don't believe she had any property there either, anything of value.
- Okay, can I... - Excuse me.
I did find what the VA considers a caregiver.
So, if you're a spouse, son, daughter, parent, step-family member,
or extended family member of a veteran, or if you live full-time with them,
or if you're willing to live full-time with them,
if they designate you as the family caregiver.
- So, technically... - If you're willing to live
with the veteran full-time, you could be qualified as a family caregiver,
but it's up to the veteran to declare their own
- family caregiver... - Caregiver.
- Primary. Yeah. - If you live there full-time.
Yeah, but she stated, "if you were willing to" and I was always willing to.
Because...
Good. I'm not... I don't feel as if you were short-changed, madam,
at all, and I don't believe that you had anything of value in the house,
so, your case is dismissed. Now, we're gonna get to the second part
of your claim. You say she took property from the house?
- Yes, ma'am. - What property?
- She took jewelry, guns... - What jewelry?
- What?! - Uh, chains, rings, cufflinks...
Show me. Show me. How am I gonna figure that out?
- You have photographs of things... - Yes, I have some photographs here.
This is so sad.
So sad you have to put a period and end it.
You had a good thing going for nine years.
Ma'am, the money was paid in the arrears, first of all,
so, me not getting paid for... and this is really not a big issue to me,
what he's saying, because they're all lies and I'll tell you the truth.
Just... I'm not saying...
I'm not saying anything, madam, all I'm saying is, you have no case.
Because I don't believe that somebody
who lived in a lifestyle as you've described...
- as you've described to me, - Can you talk to my witness, ma'am?
which is, you have your own home, you're on a lease since 2017,
where you said to me, "He had an alternative lifestyle,
but I still took him to his VA appointments.
I took him and I was his caregiver, but I lived with my daughter and my son."
I don't believe that you leave any valuable jewelry at his house.
I was there most of the time.
- Well, you don't need valuable jewelry - Honestly.
if you're taking care of a sick person.
- But like I was stating, - Can I see?
- we was also friends, ma'am. - I've...
- I've decided your case. - I respect that.
This is just what had happened to looking for everything that was taken in there.
- The... - I don't care. Who cares?
What are you showing me?
You're showing me that the place is a mess that somebody went through it?
I'm showing you... Okay.
I don't care.
Prior to his death, when had you seen your brother last?
I had seen him about five days prior to that.
You live close by?
I was living in San Diego at the time. And he lived in Highland which is...
89, it's 79 miles up the 15 freeway.
So, five days prior.
Prior to the five days prior that you saw your brother,
when had you seen him before?
I... we see each other quite frequently.
We have family barbecues...
this, that, and the other. I'm retired, I... I go...
Okay, would you return these to him? These don't show me any jewelry.
- Okay. - Shows me that the house was...
looked like it was picked through.
Okay.
- Thank you. - What else?
- So, quite frequently... - That's it.
Did you get a VA benefit from your brother
- for his insurance policy? - From the life insurance...
- Yeah, that's from the VA. - Yes, ma'am.
- And how much did you receive? - $2,600.
Who paid for his funeral?
- I did. - How much was that?
Uh, $1,100 or $1,200.
So, you took some of the insurance money and paid for it?
- Yes. - Did he have any other valuable asset?
He had quite a bit of stuff,
but we're in, uh, it's in probate as we speak.
Oh, so, this is... case is in probate now?
It's in probate right now as we speak.
Oh, great, so I don't have to deal with it.
Your case is dismissed. We're done. Thank you.
This court is adjourned.
You know what, I have a lot of respect for the judge,
but she didn't listen to me.
Well, I'm... I'm happy that the judge made the decision that she made.
He's a habitual liar.
Thief. My brother died, and within a half a day
went over and burglarized the house.
This is something that he can laugh about and he's gonna go and tell the whole world
that I'm still a liar. I'm still a this, that, and the other.
There is quite a bit of items that belonged to me
that this person stole.
That you can love someone and not be married to them.
You can help someone and not be married to them and making love to them.
I was genuinely there to help Marcus because I love Marcus.
She's the devil and I don't... you don't want the devil...
You know? Who... the devil.
He barred me from the funeral and I didn't fight it because
the respect I have for his family and for Marcus.
I could've went there, "Uh..." No.
I said, "You know what, I won't be there."
I hope that she crawls back in the rat hole she came out of and...
does whatever she does.
You know what was interesting in that case, Sarah?
When I read the complaint in the answer,
- I had a whole different vision - Yup. Me too.
of what the arrangement was.
And based upon what the Defendant wrote in his answer, that his brother,
- with regard to the marriage, - Mm-hmm.
to his brother telling him, "I'm too smart.
- I didn't mail in the papers." - Mm-hmm.
- Read like fraud, a little bit. - Right.
- But she was in on it. - That...
She knew she didn't complete the steps.
- She didn't complete the step - She knew...
- for a different reason, - Sure.
but she knew...
- That they weren't legally married. - they weren't... that they weren't
- Which changes the whole game - legally married.
- from a legal perspective. - Right.
Certainly the fact that it's... the case is currently in probate
- made my life... - A little easier?
A lot easier. Anyway.
It should be a warning signal when you get married out there, folks,
and you have a marriage license,
because I performed enough weddings to know you have to seal it,
- sign it, put a stamp on it, - Yup.
and usually put it in the mail
- within three days of the ceremony. - Mm-hmm.
So, brides and grooms,
make sure you put it in the mail together.
Or watch the officiant put it in the mail.
- Can never be too sure. - Right.
Are you having a family dispute?
Go to JudyJustice.tv.