Tell me about this alleged assault.
I asked to see our child. She smacked my hand out the way,
and she bites me.
You called the police, you told them that your boyfriend had assaulted you,
he had kidnapped your baby, and that he had guns in the house.
Yes, Your Honor.
My son could've been killed that day.
[narrator] This is Judy Justice.
[theme music playing]
[narrator] Ja'Quan Madyun and Michelle Kerr-Madyun
are suing Ja'Quan's ex-girlfriend, Yezlyn Torres,
for stolen property, false police reports and an assault.
[Kevin] Court, come to order. All rise.
[Judy] Have a seat, please.
Judge, case 4107, Madyun, Kerr-Madyun versus Torres.
-Thank you. -You're welcome.
[Judy] Tell me where you met the defendant, sir.
Uh, in an online dating website.
[Judy] And she was living where?
In Orlando, Florida.
And you were living where?
In San Diego, California.
[Judy] Couldn't have been farther apart in the United States.
For real.
Couldn't find somebody more geographically suitable?
[Ja'Quan] Well, I'm 30 years old. I figured I'd look on the other coast.
Okay. You met in what month and year?
June of 2023.
And it looks to me, if I remember your papers correctly,
in the same month, the defendant moved to where you were in California.
No, not in the same month. It was July we found out she was pregnant.
Well, she had to have gotten together with you, sir, before that.
Correct. We didn't move until December of 2023.
-Oh, I moved there, sorry. -You moved there?
Correct.
In what month and year did you move to Orlando?
-2023, what month? -June.
So, in the same month that you met online,
-you moved to Florida. -Yeah.
And you stayed with her?
-[Ja'Quan] Yes, correct. -[Judy] Were you working?
Yes, I was. I was working two jobs.
And what kind of work was the defendant doing?
Sleeping.
What kind of work were you doing in June?
I have a sweets business but I wasn't working at it at that time.
[Judy] Well, how were you supporting yourself?
I don't. My dad was taking care of me.
-[Judy] How old are you? -Twenty-three.
So, you weren't working. He came to Florida, he got two jobs.
Yes. I was in school at the time. Well, enrolled in school.
-[Judy] You weren't in school at the time. -No.
I was getting enrolled, in the process.
Getting, shoulda, woulda, coulda.
You were doing nothing. Your father was supporting you at that time.
Okay. So, he moved in. And how long did you stay in Orlando?
-For six months. -Until?
December, 2023.
[Judy] Of 2023.
Now, by July, according to what I read, you found out she was pregnant.
Correct.
Precautions! Bing-bing! Bing-bing! Bing-bing! Bing-bing!
Okay. And then, you moved back to California.
-The defendant came with you? -Yes.
And the baby was born in March or April?
February 24th.
February, that's pretty close.
He was supposed to be born in March, but he came a month early.
-How big was he? -I do not remember the weight.
-[Judy] How big was he? -Five pounds, eight ounces.
So, he was a full-term baby.
He was technically premature due to the gestation period
but he was born at the right weight and everything.
Can I add in that she was smoking during the entire pregnancy?
Smoking marijuana in a state where it's not legal.
-And he was born with THC in his system. -And he was born with THC in his system.
As a premature baby. Which is what...
Listen, sir, that's why you're supposed to use precautions.
You're supposed to think about all these things
and know the people that you're making a baby with,
so that you're secure in who you're making a baby with.
'Cause you're gonna have to be with them for at least 20 years.
That's why everybody says, listen, that's why we call it dating, not mating.
[chuckles]
Anyway, this love affair didn't last as long as a year.
Baby was born in February, a little early. You weren't married.
Did you go to court to be declared the father?
I signed a Voluntary Declaration of Parentage.
And I'm on the birth certificate.
Okay. So, no paternity test, no DNA test, nothing?
I mean, the hospital there said that would be something I could do,
but then, they did not help me get that done.
They didn't assist me in getting that done.
Well, you had two jobs. Taking a DNA test is not difficult, sir.
And then, that was another thing that started another argument.
I asked if that was a possibility to go do one, and Yezlyn took that as offense
that I was asking to get a DNA test done.
And started treating me badly, basically, because I asked to go do that.
Because the hospital was telling me I need to do that.
You're suggesting I should've done that. But I mentioned that
and Yezlyn started to take that as offense.
Why would you take offense?
I didn't, Your Honor. He texted me before I had our son.
We were arguing, and he texted me something along the lines of,
if the kid's even mine.
He never once asked me for a paternity test,
he just questioned the paternity, and then never got the test done.
Okay. But you would have no issue with a paternity test.
-That's smart. -Of course not.
Okay. I'm just making a suggestion to you that that's always wise.
Because you have a baby that was born relatively size full-term
but born a month early. You had just met in June.
That means that you hit it lucky the first time or not.
So, if you were smart, that's what you do, you have a paternity test.
And when you go to court, you can order that.
Anyway, you came back to California and you moved into a house
that was owned by whom?
Owned by my mother.
-Was your mother living there? -No.
So, you let them move into a house that you owned?
-Yes. -Who had that house belonged to?
It belonged to my grandmother. She had recently passed.
So, you moved to California, you were living in a house.
-Who else was living with you? -Miss Torres,
and when our son was born, our son was living there.
-So, just the three of you. -Correct.
So, I'd like you to now tell me what you're suing her for, sir.
I know what your mom is.
Your mom says, there was a kerfuffle, you had an argument.
She moved out. Your mother is a party to this
because your mother says that there was some damage to the house
when she moved out, and some items that were taken that didn't belong to her.
Some things that belonged to your mother.
Correct.
Okay. That's why you're here. So, let's start with you first.
Tell me, she moved out in what month and year?
She left actually twice. You left twice.
When did you leave?
I left March of this year.
-[Judy] March? -Yes.
-[Judy] Of 2024. -Yes.
I came back in April of the same year.
Were you supposed to travel with him?
-[Yezlyn] Uh, I called-- -Shh.
Were you supposed to travel with a baby who was less than two months old?
I was never told I couldn't.
Did you take him to the doctor?
He had his first appointment, yes.
Well, he didn't have his first shots if he was less than a month old.
You had a pediatrician?
-In California? -He had a pediatrician, yes.
Okay. And you checked with the pediatrician about travel with a baby
before they're two months old and not inoculated?
Yes.
[Judy] And your pediatrician said it was okay?
-Yeah. -Uh...
Had you gone back to living with her, to being with her,
to being intimate with her? That's a yes or a no.
-Short answer, yes. -Short answer, I want a short answer.
I'm 82 years old.
[narrator] Ja'Quan Madyun and Michelle Kerr-Madyun
claim Ja'Quan's ex-girlfriend, Yezlyn Torres,
assaulted him and filed false police reports.
Yezlyn is countersuing, accusing Ja'Quan of assaulting her.
Okay. So, you took him to Orlando. What did you take him to Orlando for?
I didn't feel supported out here.
I felt like I was doing everything by myself.
And I knew I would have my family's support back in Florida.
Well, then, you should've thought of that before you had a baby.
Because baby's born in California.
-Right? -Mm-hmm.
California's the baby's home state.
-Right? -Yes.
So, you can't just up and decide to move.
-Do you understand that now? -Yes.
You've spoken to a lawyer?
I spoke to one before leaving.
And it was from the Family Law Facilitator's Office.
And I asked, am I able to go back to Florida?
And they told me, as long as I haven't been served with paperwork,
-there's nothing to stop me. -Okay.
Well, that may be true.
That may be true. As long as you haven't been served with paperwork,
you can go, but then you have to come back.
-Yes. -[laughs]
Which you understand, 'cause then you were served with paperwork.
-Yes, ma'am. -[Judy] Okie doke.
So then you moved back. And when you moved back, you moved back into the house?
-Yes, ma'am. -[Judy] With the plaintiff?
No, ma'am. At the time, it was just me and the child.
Where did you go?
I was coerced into--
No, don't tell me coerced. Where did you go?
My lawyer forced me to move back to the home.
-With your mother? -Correct.
-Your lawyer? -The lawyer forced me, yes.
How could the lawyer force you?
If I wanted to see my son, that was what I had to do.
[Judy] Oh, you mean, because she said,
I'm not working and I need a place to live,
and I need a place for the baby to live. And she doesn't want to live with you.
So, if you want to see the baby, you have to let her move into the house.
-Basically. -[Judy] What do you mean, basically?
-They can't force you to leave your home. -That's what it was.
That was her. She said, "I'll come back to California with the baby,
but I can't come back. I don't have any way of earning a living."
You weren't working in California, is that right?
You weren't going to school in Cali--
I was enrolled in school, yes.
-[Judy] In California? -Yes, ma'am.
-But you had just gone to Orlando. -Yes. So, I enrolled in March.
Literally a day before our argument happened,
I enrolled in school, and I was supposed to start classes at the end of March,
but I was unable to start because I had to go back to Florida.
-[Judy] The end of March? -Yes, ma'am.
What school did you enroll in that starts the--
the spring semester starts the end of March?
San Diego College of Continuing Education.
[Judy] Is that an online facility?
It's online and in campus.
Well, how many times did you go to the campus?
So, in March, I ended up not being able to go. I came back in April
and I was able to attend a full course of the math class.
-Online? -No, in person.
And I took her every day.
Yes, Mr. Madyun was taking me at the time.
In order for Yezlyn to agree to come back to San Diego,
bring the child back to San Diego,
she demanded that she live in my home rent free for six months.
That was more detail to say.
-[Judy] Oh, that was the agreement? -That was the agreement.
Okay. Now, I would like you to tell me what you're suing her for.
I'm getting the picture. Now you're back,
you're living in basically the plaintiff's family's home rent free.
Who's paying the utilities?
-I was, Your Honor. -From what? From your father?
-No, I get CalWORKs. -[Judy] What?
-[Yezlyn] Benefits. -From what?
From the state.
-For what? -[Ja'Quan] For having our child.
Yes, for having-- For being a single mother.
You get benefits from the state from being a single mother.
-Yes, ma'am. -[Judy] You mean, you get welfare.
-Yes. -And when did you sign up for welfare?
While I was pregnant, as soon as I got out here.
While you were pregnant? You signed up for welfare.
Why didn't you get a job?
I had bad morning sickness my whole pregnancy.
I had morning sickness too, I had a job.
I was working out in Orlando before we came out here.
That's not what you told me.
When we came out here, I was unemployed,
and I, in the meantime, enrolled for welfare
so that I could go to school and not have to work.
Your Honor, I had two jobs. I never requested that she work.
Just a second.
I'm just trying to figure out who my customers are.
It's coming clear to me who my customers are.
Okay. So, now she's here. She and the baby are on welfare.
She's living rent free. The state is paying for her gas, electric, utilities.
I assume you and the baby got food stamps as well.
-Yes, ma'am. -[Judy] Okie dokie.
So, now you come back. You were a resident of Orlando.
They were paying your tab, now you're back here in California.
California is a very generous, giving state.
Now, I want you to tell me what your lawsuit is about.
I was assaulted in my home, and I--
In what month? In what month?
July 21st of 2024.
I was assaulted in my home.
Okay. So, she came--
She came back in what month?
Don't answer for him.
Don't answer for him or sit down. He's a big boy.
He's big enough to make a baby, he's big enough to answer a question.
All right. So, she came back... I'd say, came back in April.
-She came back in April. -[Ja'Quan] Yeah.
April, May, June, July, so four months later.
Had you gone back to living with her, to being with her,
-to being intimate with her? -Correct. So--
Living in the house, staying over? That's a yes or a no.
Short answer, yes.
Shorty answer, I want a short answer. I'm 82 years old.
Okay. So, the answer is yes.
And when did you move, start staying over when she came back?
She came back in April.
-Whenever she started school. -She started school in April.
So, April you started to go over and watch the baby?
I was denied overnight. I was like,
"I would still like to see my son at night."
She wouldn't let me do that, so she was like, "I'll think about it
and you can start coming over and then we'll think about it more."
Then, she just told me flat out, you can come back over here.
She was staying in a certain room. I was staying in my room.
And then, she started coming into my room in the middle of the nights.
[Judy] So, that's how it started.
Were you at any time watching the baby when she went to school?
She said you would drive her to school.
Under her impression, I was only there to give her rides to school.
[Judy] That's not my question.
Yes, I was watching the baby while she was at school.
I drove her to school and brought our son back.
Is it correct that when you went to school, which you said you did,
-that he would watch the baby? -Yes, Your Honor.
How many hours a day did he watch the baby?
It was from 9:00 to 12:00, so, including the pickup and drop-off
of me going to school, I'd say it was four hours.
So, four hours a day you left an infant with his father.
-Yes. -[Judy] No problem.
Now, tell me about this alleged assault on July 21st.
I asked Yezlyn to...
You have to speak up, sir. You speak very softly and I'm a little deaf.
So, between the two of us, we don't make a good match.
When I speak a little loud, I--
You hear the way I'm speaking to you? That's the way I want you to speak to me.
I'm not allowed to do that in my home, sorry.
-Well, you have to do it in my home. -I got you.
You're not in your home, you're in my home.
That's the information that the police had.
They don't know what they're gonna come up with.
That's why we're here.
They don't know if they're gonna find a soft-spoken guy
who just had a fight with his girlfriend and it got a little out of hand,
or whether they're dealing with a nut.
[narrator] Ja'Quan Madyun and Michelle Kerr-Madyun
are accusing Ja'Quan's ex-girlfriend, Yezlyn Torres,
of biting him and filing false police reports.
Yezlyn claims Ja'Quan is wrongfully keeping her property.
Now, July 21st, you called her and asked to see the boy?
No, we were in the same home at the...
-[Judy] So, you were in the same house. -Yes. This is after the time period
where she's finished school because I've taken her there--
Shh. Don't go into a whole thing.
Okay? And, come on, tell me the story.
So, I asked to see the baby. "Can I see our son to put him in his bed
to put him in the room so he does not have to hear this argument that's going on?"
Why is there an argument? I don't know why there's an argument.
I had asked Yezlyn to stop withholding the milk.
Because she would put the milk in the freezer,
knowing I would need it in the refrigerator
to feed our baby at nighttime. So, I asked her to stop doing that.
And cleaning around the house. Just certain little things.
And she ignores me and then she's stubborn.
And she has an argumentative attitude.
So, it says in the report, I left, went in the garage for a little while.
Calmed down, and I came back again to the same attitude,
her responding the same, her being aggressive.
I was like, "Our son doesn't need to deal with this.
-So, can I bring him to the room--" -[Judy] Your room?
[Ja'Quan] Our bedroom, yes, where his bassinet is,
so he can sleep in his bassinet or be in his bassinet
while whatever argument is going on.
What were you arguing about?
There's multiple things we argue about.
[Judy] Okay. So, you were fighting. It couldn't have been that important
'cause there wasn't one thing that you were fighting about.
Okay. So, that was on the 21st of July. You asked if you could put him in.
Come on, tell me the story.
There's something that has to do about a false arrest
or filing a false police report.
And then, after that, she smacked my hand out the way.
So, I said, "What are you doing? Let me see our son now."
'Cause now, you've just put your hands on me.
And she said no, again, no, again.
And then, once I reached out again, let me see our son,
she bites me. Not a... "Ah, get away from me," it's like...
-[clamps teeth] -Like really hanging on, like a pit bull.
But like, biting on my hands.
I like, yanked my hand away. You just bit me!
After she bit you, what happened?
I said, "Okay, let me see our son so we could put him in the room
'cause you just bit me." And I know how she is,
she's made false police reports before. "So now, you assaulted me.
You're gonna make it seem like I'm a victim in this situation now."
She's gonna call the police. She asked for a police escort last time
when she left in March.
She called and lied and said I threatened her
and asked for a police escort.
So, that was the whole reason of me saying, "Let me see our child
so I can go put him in the room
because you're not gonna take him back to Orlando again.
You're not gonna leave to an undisclosed location again."
So, I'm saying, "Let me see our son."
I got bit three or four times already up my arm.
Up my arm, this hand, this hand.
So, at that point, I'm trying to get her off of me by pushing her forehead.
You have the police report of that incident?
-[Ja'Quan] Correct. -[Judy] I'd like to see it.
I also have the pictures of my--
And photographs of any injuries that you say you suffered.
Where are you living now, Miss Torres?
[Yezlyn] I found someone that was renting a room.
-[Judy] What state are you living in? -San Diego.
These are pictures of your arm?
Yes.
Is there any other police report?
I have the complete police report.
I'd like to see it.
[papers rustling]
There it is.
Judge, can I show the video when you get done?
Yes. I'm just reading this to see if you were interviewed by the police.
I see they interviewed her. I'm not seeing that they interviewed you.
That's the point. Thank you.
Okay. So, the police officer who did this investigation
reported that he saw minor injuries on both parties.
On your throat, a red mark and a small scratch.
And saw two bruises on the plaintiff consistent with being bitten.
Yes, ma'am.
-Okay. And they arrested him. -Yes, ma'am.
Now, you're going to show me the video.
Okay. And who took this?
This was my mother recording from my phone.
So, after the incident, you took the baby and went to your mother's house.
Yes. This is where the police
-are arresting me. -[Judy] Let me see it.
This is when the police came after they took her report.
After you had been bitten?
Yes.
[Judy] And after you had been allegedly choked.
-Yes, ma'am. -[Judy] Okay. Let's see.
[officer]
[Michelle]
[officer]
[officer 2]
[Michelle]
[Ja'Quan]
[Michelle]
[man]
Are you showing me this, for what reason?
Just to show how the police came and rolled up on me after her words...
-[Judy] Okay. So, I'm gonna answer-- -...and exaggeration.
Because you and, as a matter of fact, your mom,
-I'm sure-- You can stand up, ma'am. -Thank you.
You and your mom think that was overkill
to have 12 police officers show up in squad cars.
That's what pretty much you said. Is that correct?
-I can't believe this. There are 10, 12-- -The way they showed up.
[Judy] So, let me tell you what information they had.
And I'm putting this together from reading all the papers.
She went to a neighbor's house. She called the police.
You called the police. You told them that your boyfriend had assaulted you.
-That he had kidnapped your baby-- -That he might have, yes.
That he had kidnapped your baby and that he had guns
-in the house. -Yes, Your Honor.
[Judy] Do you understand what she tells the police?
And when they got there, they saw a red mark on her throat.
They saw the baby wasn't there. She invited them into the house
where they found a rifle, according to the police report.
-Mm-hmm. -[Judy] I'm telling you.
So, if you're faulting the police, what they did was,
-they're armed with this information. -[Michelle] I totally understand.
Some guy assaulted his girlfriend, stole the infant.
She doesn't know where they are. He has guns, both in the house, several.
And you did have several guns in the house, they found one.
They didn't find the handguns that you had.
They had me on the phone disclosing where everything was.
[Judy] Just a second. I understand what you're saying to me.
That's the information that the police had.
They don't know what they're gonna come up with.
That's why we're here.
They don't know if they're gonna find a soft-spoken guy
who just had a fight with his girlfriend and it got a little out of hand.
Or whether they're dealing with a nut who has guns,
-and who kidnapped a baby and took him. -I totally understand.
And maybe there were guns in the house where they were going.
They don't know that. So, they came with a little overkill.
My thing, from her statements, my son could've been killed that day.
-They came-- -[Judy] Just a second. I'm telling you
what information they had at the time. Okay?
We understand that. That's why we're here.
You did, in fact, have a fight with her.
She put her teeth on me and then I restrained her from biting me.
Just a second. You don't fight over whether or not you can hold the baby.
You don't go over and say, "Give me, I want to hold it."
What kind of adult behavior is that?
[narrator] Have you been cheated?
Go to JudyJustice.tv.
[theme music playing]