1 00:00:00,300 --> 00:00:02,333 You two get divorced. 2 00:00:03,467 --> 00:00:07,467 I sent my daughter a present and she had me arrested for that. 3 00:00:07,533 --> 00:00:10,667 Your ex-wife was having this romantic relationship 4 00:00:10,734 --> 00:00:11,934 with this police officer. 5 00:00:12,000 --> 00:00:13,400 Yes, during our marriage. 6 00:00:13,467 --> 00:00:14,467 No, Your... No. 7 00:00:14,533 --> 00:00:16,033 She's the one who initially told me about it. 8 00:00:16,100 --> 00:00:17,367 This could be a movie. 9 00:00:17,433 --> 00:00:19,900 [narrator] Today on Tribunal Justice... 10 00:00:41,633 --> 00:00:44,734 This case was filed in Wadena, Minnesota. 11 00:00:44,800 --> 00:00:46,633 [Byrd] Your Honor, this is case number 1065 12 00:00:46,700 --> 00:00:50,000 on the calendar in the matter of Thurston versus Morthberg. 13 00:00:50,066 --> 00:00:52,600 Parties have been sworn in, you may be seated. 14 00:00:52,667 --> 00:00:53,934 [Judge Levy] Ms. Thurston, 15 00:00:54,000 --> 00:00:55,266 according to your complaint, 16 00:00:55,333 --> 00:00:57,734 you and the defendant were married in 2008, 17 00:00:57,800 --> 00:01:00,166 separated in 2018, 18 00:01:00,233 --> 00:01:02,800 -and divorced in 2021. -That's correct. 19 00:01:02,867 --> 00:01:07,633 You were awarded the marital home as part of the divorce proceedings. 20 00:01:07,700 --> 00:01:10,834 And when you attempted to refinance the mortgage, 21 00:01:10,900 --> 00:01:14,000 you learned that there was an encumbrance on the title. 22 00:01:14,066 --> 00:01:17,834 A $6,000 lien by attorneys 23 00:01:17,900 --> 00:01:21,400 that represented the defendant in the matrimonial matter, 24 00:01:21,467 --> 00:01:24,333 who filed it claiming that he had not paid them. 25 00:01:24,400 --> 00:01:26,667 You negotiated with those attorneys 26 00:01:26,734 --> 00:01:29,233 and had them reduce their lien 27 00:01:29,300 --> 00:01:32,033 from 6,000 to 4,000, which you paid. 28 00:01:32,100 --> 00:01:33,100 That is correct. 29 00:01:33,166 --> 00:01:35,834 Therefore, you are suing the defendant, now your ex-husband, 30 00:01:35,900 --> 00:01:38,600 -for that $4,000. -Correct, Judge Adam. 31 00:01:38,667 --> 00:01:40,100 All right. Good. Mr. Morthberg, 32 00:01:40,166 --> 00:01:41,265 according to your answer, 33 00:01:41,333 --> 00:01:44,800 you paid your attorneys a retainer of $5,000. 34 00:01:44,866 --> 00:01:46,700 You didn't owe them any more money. 35 00:01:46,767 --> 00:01:49,100 The plaintiff should never have paid them. 36 00:01:49,166 --> 00:01:50,734 And you don't owe her a dime. 37 00:01:50,800 --> 00:01:52,265 -More or less, yes. -[Judge Levy] Good. 38 00:01:52,333 --> 00:01:53,900 We're gonna move to your counterclaim, 39 00:01:53,967 --> 00:01:58,200 in which you requested either the return of personal items 40 00:01:58,265 --> 00:01:59,866 that were left in the marital home 41 00:01:59,934 --> 00:02:01,100 -when you left... -Yeah. 42 00:02:01,166 --> 00:02:02,834 -...or their value... -Yes. 43 00:02:02,900 --> 00:02:06,033 ...which you state was $6,845. 44 00:02:06,100 --> 00:02:07,100 Yes. 45 00:02:07,166 --> 00:02:10,600 You admit that the plaintiff was awarded the marital home in the divorce 46 00:02:10,667 --> 00:02:13,600 and that prior to you going to collect those items, 47 00:02:13,667 --> 00:02:17,667 she had you arrested for sending your daughter a gift 48 00:02:17,734 --> 00:02:18,934 -with a note. -Yes. 49 00:02:19,000 --> 00:02:23,800 According to your counterclaim, the police officer who arrested you 50 00:02:23,867 --> 00:02:27,466 had a reason, a motivation, in seeing you suffer, 51 00:02:27,533 --> 00:02:31,433 because that police officer was romantically involved with your wife, 52 00:02:31,500 --> 00:02:32,500 now your ex-wife. 53 00:02:32,567 --> 00:02:33,600 Yes. 54 00:02:33,667 --> 00:02:36,166 [Judge Levy] Therefore, you did not feel safe going to the home. 55 00:02:36,233 --> 00:02:38,066 -That's why you didn't collect the things. -Yes. 56 00:02:38,133 --> 00:02:41,533 That's why you're suing her for $6,845. 57 00:02:41,600 --> 00:02:44,233 You understand that's a pretty serious allegation, right? 58 00:02:44,300 --> 00:02:46,533 Yeah, I don't make allegations lightly. 59 00:02:46,600 --> 00:02:48,433 [Judge Levy] So let's start with the counterclaim. 60 00:02:48,500 --> 00:02:51,066 You attach, as part of your counterclaim, an exhibit, 61 00:02:51,133 --> 00:02:53,767 in which you list 35 items. 62 00:02:54,400 --> 00:02:56,367 -[Eugene] Yes. -Have you seen that as well? 63 00:02:56,433 --> 00:02:57,500 -Yes. -[Judge Levy] Okay. 64 00:02:57,567 --> 00:03:01,934 My question is, was this list ever incorporated into the divorce decree? 65 00:03:02,000 --> 00:03:03,400 Not in the divorce decree, no. 66 00:03:03,467 --> 00:03:06,033 Other than in the sections I referenced, 67 00:03:06,100 --> 00:03:07,400 the judge implied 68 00:03:07,467 --> 00:03:10,734 that Ms. Thurston had some things in the garage in boxes 69 00:03:10,800 --> 00:03:14,734 that, you know, I could retrieve. And if I want anything else, 70 00:03:14,800 --> 00:03:17,600 that I would have to file a separate claim for those items. 71 00:03:17,667 --> 00:03:19,834 Okay. Did the judge indicate in that divorce decree 72 00:03:19,900 --> 00:03:22,900 the manner or mechanism in which you were to receive those? 73 00:03:22,966 --> 00:03:24,800 I was supposed to go to the house 74 00:03:24,867 --> 00:03:27,166 accompanied by local law enforcement. 75 00:03:27,233 --> 00:03:29,633 [Judge Levy] I can understand you not wanting to go, 76 00:03:29,700 --> 00:03:31,300 especially after your claim 77 00:03:31,367 --> 00:03:34,734 that your ex-wife was having this romantic relationship 78 00:03:34,800 --> 00:03:36,333 with this police officer, 79 00:03:36,400 --> 00:03:39,033 but you could've gone to any police officer. 80 00:03:39,100 --> 00:03:41,867 -Why didn't you do that? -[Eugene] It's a very small town. 81 00:03:41,934 --> 00:03:43,900 And throughout this process, 82 00:03:43,966 --> 00:03:46,734 I've had a few interactions with more than one officer. 83 00:03:46,800 --> 00:03:48,367 None of those interactions 84 00:03:48,433 --> 00:03:51,233 were what I would consider totally professional. 85 00:03:51,300 --> 00:03:53,600 [Judge Levy] However, the order, as far as you know, 86 00:03:53,667 --> 00:03:55,667 that was signed by the matrimonial judge, 87 00:03:55,734 --> 00:03:59,200 did not specify either local PD, Sheriff, or State Police. 88 00:03:59,266 --> 00:04:00,867 It was any law enforcement officer. 89 00:04:00,934 --> 00:04:03,433 True, and if I would've had an attorney at the time 90 00:04:03,500 --> 00:04:05,767 to help me understand the legal wording of that, 91 00:04:05,834 --> 00:04:06,834 maybe that would've helped. 92 00:04:06,900 --> 00:04:10,367 But when I contacted her then-attorney to ask about it, 93 00:04:10,433 --> 00:04:13,000 he just said, "If you want anything, you need to file a separate claim." 94 00:04:13,066 --> 00:04:15,900 And he hung up the phone. At that point, I did not file. 95 00:04:15,967 --> 00:04:17,632 -[Judge Levy] You didn't do that? Okay. -No. 96 00:04:17,700 --> 00:04:22,332 In your answer, you make mention of having paid the $5,000 retainer 97 00:04:22,400 --> 00:04:23,400 -for your lawyer. -Yes. 98 00:04:23,467 --> 00:04:25,133 And there were two matters, were there not? 99 00:04:25,200 --> 00:04:27,867 There were two matters. One was the matrimonial matter 100 00:04:27,934 --> 00:04:29,533 and the other was the criminal matter. 101 00:04:29,600 --> 00:04:33,767 Show me the cancelled check showing that you paid $5,000 102 00:04:33,834 --> 00:04:36,800 for both the criminal and the matrimonial matter. 103 00:04:36,867 --> 00:04:37,967 There would've been two checks. 104 00:04:38,033 --> 00:04:40,467 And I did not write the checks. My sister did. 105 00:04:40,533 --> 00:04:44,000 -[Judge Levy] Show me the cheque... -I do not have them with me. 106 00:04:44,066 --> 00:04:46,767 The matrimonial case was first, and I paid that first. 107 00:04:46,834 --> 00:04:48,767 -Well-- -I don't have any evidence that I paid it. 108 00:04:48,834 --> 00:04:50,834 You knew you were coming to court today, right? 109 00:04:50,900 --> 00:04:52,800 -Yes. -You knew your payment of those fees 110 00:04:52,867 --> 00:04:55,600 was really the crux of her entire case, right? 111 00:04:55,667 --> 00:04:59,200 Yes. I... I... brought everything I have in the matter. 112 00:04:59,266 --> 00:05:00,333 [Judge Levy] Okay. 113 00:05:00,400 --> 00:05:05,300 You know, I'm very particular about complainants filing police reports 114 00:05:05,367 --> 00:05:08,233 and domestic violence charges when there is insufficient evidence, 115 00:05:08,300 --> 00:05:11,467 when it's being used as a sword and not a shield, 116 00:05:11,533 --> 00:05:12,867 when there are exaggerations made. 117 00:05:12,934 --> 00:05:15,500 I'm very particular. I don't like when people do that. 118 00:05:15,567 --> 00:05:19,266 And in your answer, you suggested that's exactly what the plaintiff did. 119 00:05:19,332 --> 00:05:20,867 -[Eugene] Yes. -[Judge Levy] Tell me about that. 120 00:05:20,934 --> 00:05:22,967 Um, she did it a few times. 121 00:05:23,033 --> 00:05:26,967 The most egregious one would be when I sent my daughter a present. 122 00:05:27,033 --> 00:05:30,533 You can fill out the little card, you know, and put some words in it. 123 00:05:30,600 --> 00:05:32,900 And I basically just said I love and I miss you. 124 00:05:32,967 --> 00:05:34,332 And I hope to see you soon. 125 00:05:34,400 --> 00:05:36,300 -[Judge Levy] And she had you arrested? -Yeah. 126 00:05:36,367 --> 00:05:37,867 [Judge Levy] By sending that note, 127 00:05:37,933 --> 00:05:40,633 it almost sounds as though he wants to see them, 128 00:05:40,700 --> 00:05:44,600 but they're being prevented by someone else from seeing him. 129 00:05:44,667 --> 00:05:47,467 I think that was the message he was trying to relate to them. 130 00:05:47,533 --> 00:05:49,867 Yes. And I, in no way, prevent it. 131 00:05:49,933 --> 00:05:52,367 I would be happy to bring them to a supervised center. 132 00:05:52,433 --> 00:05:56,200 [Eugene] Um, there was one time where I tried to call my daughter, 133 00:05:56,266 --> 00:05:58,300 or both my kids, actually, 134 00:05:58,367 --> 00:05:59,800 she had me arrested for that. 135 00:05:59,867 --> 00:06:02,834 Even though I had a signed agreement that was notarized by her, 136 00:06:02,900 --> 00:06:05,033 allowing me to do that, filed with the courts. 137 00:06:05,100 --> 00:06:07,433 Were there any that were founded, that were indicated... 138 00:06:07,500 --> 00:06:08,567 There was none that was founded. 139 00:06:08,633 --> 00:06:10,900 All of my charges have always been dismissed. 140 00:06:10,967 --> 00:06:13,500 I just get arrested, they drag me through the court system... 141 00:06:13,567 --> 00:06:14,700 [Judge Levy] All right. So let me do this, then. 142 00:06:14,767 --> 00:06:18,166 You didn't provide me, or any of us, in your evidence packet 143 00:06:18,233 --> 00:06:20,600 with the divorce decree before you came in today, right? 144 00:06:20,667 --> 00:06:22,500 -No. -[Judge Levy] Is there a reason why? 145 00:06:22,567 --> 00:06:24,800 I had assumed that she did with her evidence. 146 00:06:24,867 --> 00:06:26,533 -[Judge Levy] You have a copy, right? -Yeah. 147 00:06:26,600 --> 00:06:28,033 [Judge Levy] But you chose not to present it to us? 148 00:06:28,100 --> 00:06:30,934 I honestly had thought, up until this moment, that she had 149 00:06:31,000 --> 00:06:32,834 because of her claim that, you know... 150 00:06:32,900 --> 00:06:35,700 Okay. I'm gonna read through some of the terms and conditions 151 00:06:35,767 --> 00:06:37,700 of the judgement of divorce that was issued. 152 00:06:37,767 --> 00:06:40,867 On September 26th, respondent, who is our plaintiff here, 153 00:06:40,933 --> 00:06:42,066 filed an order or protection. 154 00:06:42,133 --> 00:06:45,000 Following the hearing, the court issued an order 155 00:06:45,066 --> 00:06:48,266 that found the petitioner, you, committed domestic abuse 156 00:06:48,332 --> 00:06:51,967 by frightening respondent and the children with threatening behavior and language. 157 00:06:52,033 --> 00:06:53,900 That's what the divorce decree says, right? 158 00:06:53,967 --> 00:06:54,967 Yes. 159 00:06:55,033 --> 00:06:57,734 Petitioner was directed to obtain a mental health evaluation. 160 00:06:57,800 --> 00:06:58,800 There is no evidence 161 00:06:58,867 --> 00:07:00,967 that petitioner complied with this requirement. 162 00:07:01,800 --> 00:07:05,600 On June 17th, 2019, respondent, that's our petitioner, 163 00:07:05,667 --> 00:07:08,100 filed another order of protection 164 00:07:08,166 --> 00:07:10,367 and there was a hearing. Another trial happened. 165 00:07:10,433 --> 00:07:12,667 Following the hearing, the court issued an order 166 00:07:12,734 --> 00:07:15,400 that found you had committed domestic abuse 167 00:07:15,467 --> 00:07:17,600 by sending her threatening and intimidating texts 168 00:07:17,667 --> 00:07:19,166 over an extended period. 169 00:07:19,233 --> 00:07:22,700 The court found your behavior, sir, to constitute stalking. 170 00:07:22,767 --> 00:07:25,467 The order granted respondent, that's our plaintiff, 171 00:07:25,533 --> 00:07:27,667 sole legal and physical custody of the children 172 00:07:27,734 --> 00:07:30,700 and restricted your supervised parenting time. Right? 173 00:07:30,767 --> 00:07:31,767 [Eugene] Mm-hmm. 174 00:07:31,834 --> 00:07:33,266 [Judge Levy] Marital property. 175 00:07:33,332 --> 00:07:35,900 Our plaintiff indicated that she had boxes of property 176 00:07:35,967 --> 00:07:38,900 that she believed belonged to you in the garage. 177 00:07:38,967 --> 00:07:42,767 Given that neither party made requests for specific property to be given, 178 00:07:42,834 --> 00:07:47,233 if you, after gaining access to those boxes of property in the garage, 179 00:07:47,300 --> 00:07:50,667 find that some item was unexpectedly missing, 180 00:07:50,734 --> 00:07:53,066 you, sir, were to inform the court 181 00:07:53,133 --> 00:07:55,300 and request relief from the matrimonial judge. 182 00:07:55,367 --> 00:07:56,367 -Right? -Yes. 183 00:07:56,433 --> 00:07:57,767 -[Judge Levy] And you never did that. -Yes. 184 00:07:57,834 --> 00:07:59,100 Okay. Petitioner's testimony. 185 00:07:59,166 --> 00:08:02,333 This is when you actually testified under oath before the judge. 186 00:08:02,400 --> 00:08:06,266 Your testimony consisted primarily of accusations and aspersions 187 00:08:06,333 --> 00:08:09,333 of respondent, that's your ex-wife's, character. 188 00:08:09,400 --> 00:08:11,867 Virtually all of these accusations and aspersions 189 00:08:11,934 --> 00:08:14,333 lacked any evidentiary support. 190 00:08:14,400 --> 00:08:16,934 Petitioner, that was you, without any evidence, 191 00:08:17,000 --> 00:08:19,700 accused the respondent, that's your ex-wife, 192 00:08:19,767 --> 00:08:22,867 of having a sexual relationship with the police officer 193 00:08:22,934 --> 00:08:25,800 who arrested you for violating the order of protection. 194 00:08:25,867 --> 00:08:28,367 The court does not find this testimony credible. 195 00:08:28,433 --> 00:08:29,600 That's what the judge said. 196 00:08:29,667 --> 00:08:33,232 Is there a reason why you did not include that that allegation that you made 197 00:08:33,299 --> 00:08:36,265 regarding the police officer that you put in our papers, 198 00:08:36,332 --> 00:08:40,165 was already adjudicated by a judge in which he rejected your claims? 199 00:08:40,232 --> 00:08:41,967 -Why didn't you tell us that? -If I may... 200 00:08:42,033 --> 00:08:43,033 Tell me. 201 00:08:43,100 --> 00:08:46,433 First, one of the reasons why I've had such difficulties 202 00:08:46,500 --> 00:08:49,533 is even the Minnesota State Judicial Board of Standards 203 00:08:49,600 --> 00:08:52,934 found that he committed misconduct in the case. 204 00:08:53,000 --> 00:08:56,333 And even after they found he committed misconduct in the case, 205 00:08:56,400 --> 00:08:58,333 he still refused to recuse himself. 206 00:08:58,400 --> 00:09:00,900 [Judge Levy] You have no doubt in your mind there was 207 00:09:00,967 --> 00:09:03,200 a finding against him for substantial misconduct? 208 00:09:03,266 --> 00:09:04,433 -Yes. -[Judge Levy] Thank you. 209 00:09:04,500 --> 00:09:06,934 -I have nothing else. Judge Acker. -[Judge Acker] Thank you, Judge. 210 00:09:07,000 --> 00:09:09,734 Really, Mr. Morthberg, this case is very simple. 211 00:09:10,200 --> 00:09:13,934 You had a debt, the debt between you and your lawyer. 212 00:09:14,000 --> 00:09:15,900 -The house is hers. -Yeah. 213 00:09:15,967 --> 00:09:19,567 In the course of refinancing, the bank pulled the prop 214 00:09:19,633 --> 00:09:22,900 and they're like, oh, somebody's got a lien out on this property. 215 00:09:22,967 --> 00:09:24,533 We're not gonna refinance 216 00:09:24,600 --> 00:09:26,266 and you're not gonna get your better interest rate. 217 00:09:26,333 --> 00:09:27,700 -Correct. -So the what do you do? 218 00:09:27,767 --> 00:09:31,166 [Dana] I, then, was talking to my banker, who made me aware of this. 219 00:09:31,233 --> 00:09:33,900 Um, she proposed that we call the attorney 220 00:09:33,967 --> 00:09:37,400 and request a settlement and see what he could settle for. 221 00:09:37,467 --> 00:09:41,400 Because I was unable to refinance my loan until this is paid off. 222 00:09:41,467 --> 00:09:42,467 Of course. 223 00:09:42,533 --> 00:09:44,467 Now I understand your defense, 224 00:09:44,533 --> 00:09:47,767 which is that you didn't really owe the lawyer that much money. 225 00:09:47,834 --> 00:09:48,834 Yeah. 226 00:09:48,900 --> 00:09:50,165 [Judge Acker] But it's your problem, 227 00:09:50,233 --> 00:09:52,300 between you and that former lawyer. 228 00:09:52,367 --> 00:09:54,700 And that's what's confusing for me as well, Your Honor, 229 00:09:54,767 --> 00:10:00,100 is, one, I don't really understand why Ms. Thurston didn't just reach out to me 230 00:10:00,166 --> 00:10:02,633 and say, hey, there's this lien, can you take care of it? 231 00:10:02,700 --> 00:10:04,567 And the other thing I'm really confused about 232 00:10:04,633 --> 00:10:07,900 is that my lawyer, who's supposed to represent me, 233 00:10:07,967 --> 00:10:11,867 is now negotiating with my ex-wife over these matters. 234 00:10:11,934 --> 00:10:13,433 And, I mean... 235 00:10:13,500 --> 00:10:16,433 At this point, your lawyer is in a dispute with her. 236 00:10:16,500 --> 00:10:19,033 And they settled their case, essentially. 237 00:10:19,100 --> 00:10:24,200 But I am interested in why it is you didn't call him? 238 00:10:24,266 --> 00:10:29,533 Because in the divorce decree, it also asks that Eugene file 239 00:10:29,600 --> 00:10:31,900 what's called a summary of real estate judgement 240 00:10:31,967 --> 00:10:34,266 to remove his name from the deed of the home, 241 00:10:34,333 --> 00:10:35,633 which is different than the mortgage. 242 00:10:35,700 --> 00:10:37,834 So they wanted him to file a piece of paper, 243 00:10:37,900 --> 00:10:41,934 it was ordered in the divorce, to remove his name from the deed 244 00:10:42,000 --> 00:10:43,333 and he refused to do that. 245 00:10:43,400 --> 00:10:45,333 -Which he refuses... -Is that true, sir? 246 00:10:45,400 --> 00:10:47,900 -...everything I've asked. -Um, her lawyer did contact me 247 00:10:47,967 --> 00:10:49,767 -about doing that. -[Judge Acker] Did you do it? 248 00:10:49,834 --> 00:10:52,266 No. The next thing, through her lawyer, um, 249 00:10:52,333 --> 00:10:53,900 there is a letter in the mail, 250 00:10:53,967 --> 00:10:56,333 saying they went to court and did it without me. 251 00:10:56,400 --> 00:10:59,734 [Judge Acker] When did you make the domestic violence complaints? 252 00:10:59,800 --> 00:11:02,867 I know that that was a part of the record in your divorce, 253 00:11:02,934 --> 00:11:04,767 but when did those circumstances take place? 254 00:11:04,834 --> 00:11:09,367 I filed the first order for protection September 22nd of 2018. 255 00:11:09,433 --> 00:11:14,533 And then I needed to file a second in June of 2019. 256 00:11:14,600 --> 00:11:16,667 That order was good for two years 257 00:11:16,734 --> 00:11:18,233 and I asked for an extension. 258 00:11:18,300 --> 00:11:21,934 They extended it through the day the divorce decree was issued. 259 00:11:22,000 --> 00:11:24,934 And there is no order for protection in place at this time. 260 00:11:25,000 --> 00:11:30,600 So is it safe to say that your reason for not reaching out to him 261 00:11:30,667 --> 00:11:32,165 to challenge this debt, 262 00:11:32,233 --> 00:11:34,734 was because he hadn't been cooperative 263 00:11:34,800 --> 00:11:38,967 when you needed him to transact other post-judgement documents? 264 00:11:39,033 --> 00:11:40,567 Absolutely correct, yes. 265 00:11:40,633 --> 00:11:42,567 -[Judge Acker] You realize... -She could've sent me an email. 266 00:11:42,633 --> 00:11:46,165 -Or use her lawyer to contact me. -You said she could've sent you an email, 267 00:11:46,233 --> 00:11:49,567 but what she just testified to a few minutes ago and what you admitted, 268 00:11:49,633 --> 00:11:53,133 is that when she tried to work out other things with you, 269 00:11:53,200 --> 00:11:56,100 like simply taking your name off of the deed of a home 270 00:11:56,165 --> 00:11:58,033 that the judge said you no longer owned, 271 00:11:58,100 --> 00:11:59,233 you didn't do that. 272 00:11:59,300 --> 00:12:01,233 -Because that's... -[Judge Acker] And she's got a pattern. 273 00:12:01,300 --> 00:12:03,367 -She has a history of you... -If I may... 274 00:12:03,433 --> 00:12:07,500 No, you need to understand that there have been judicial findings 275 00:12:07,567 --> 00:12:10,900 about you treating her in really inappropriate ways. 276 00:12:10,967 --> 00:12:13,467 The ju... The way that that all happened, 277 00:12:13,533 --> 00:12:16,834 there was so much misconduct in the course of our divorce... 278 00:12:16,900 --> 00:12:18,233 I'm an average citizen 279 00:12:18,300 --> 00:12:20,633 and I got the Judicial Board of Standards to agree with me. 280 00:12:20,700 --> 00:12:22,100 -Byrd, may I see that? -Sure. 281 00:12:22,734 --> 00:12:25,100 -I got the Judicial Board... -If that is the case, 282 00:12:25,166 --> 00:12:28,300 then your proper remedy is to go back to that court, 283 00:12:28,367 --> 00:12:30,166 it's to file something to reopen the judgement, 284 00:12:30,233 --> 00:12:32,500 but, frankly, I don't think you should do that. 285 00:12:32,567 --> 00:12:35,467 Maybe it's time for you to move on and leave her alone. 286 00:12:37,834 --> 00:12:39,867 [narrator] Coming up on Tribunal Justice... 287 00:12:39,934 --> 00:12:41,266 Why would you call the police? 288 00:12:41,333 --> 00:12:42,500 He sent a gift. 289 00:12:42,567 --> 00:12:44,734 I think the words on the note were damaging. 290 00:12:44,800 --> 00:12:46,600 [Judge DiMango] No. What did the note say 291 00:12:46,667 --> 00:12:48,266 that was so troubling to you 292 00:12:48,333 --> 00:12:50,633 that you needed to call the police? 293 00:12:57,767 --> 00:13:02,266 [narrator] Dana Thurston is suing her ex-husband, Eugene Morthberg II, 294 00:13:02,333 --> 00:13:03,800 for attorney fees. 295 00:13:03,867 --> 00:13:05,700 Eugene is countersuing, 296 00:13:05,767 --> 00:13:09,633 claiming Dana is wrongfully keeping his personal belongings. 297 00:13:09,700 --> 00:13:11,500 You've submitted to us a letter 298 00:13:11,567 --> 00:13:13,400 that purports to be on letterhead 299 00:13:13,467 --> 00:13:15,800 from the Minnesota Board of Judicial Standards. 300 00:13:15,867 --> 00:13:18,533 This board found reasonable cause 301 00:13:18,600 --> 00:13:21,400 to believe that the judge committed misconduct 302 00:13:21,467 --> 00:13:23,800 and agree to enter into a deferred disposition. 303 00:13:24,333 --> 00:13:27,066 The problem with that is that I don't really know 304 00:13:27,133 --> 00:13:29,166 what that document refers to. 305 00:13:29,233 --> 00:13:32,367 And that document is not a basis for us 306 00:13:32,433 --> 00:13:35,567 to reopen the judgement of divorce. 307 00:13:35,633 --> 00:13:39,367 She paid money to remove an encumbrance on a home 308 00:13:39,433 --> 00:13:40,433 that she owns. 309 00:13:40,500 --> 00:13:41,533 And it was your encumbrance. 310 00:13:41,600 --> 00:13:42,867 Judge DiMango. 311 00:13:42,934 --> 00:13:46,233 I'm not sure why the judge was brought into these proceedings. 312 00:13:46,300 --> 00:13:47,400 I'm not sure what happened, 313 00:13:47,467 --> 00:13:49,500 but for my purposes, 314 00:13:49,567 --> 00:13:51,800 just please tell me what it was, 315 00:13:51,867 --> 00:13:53,467 'cause there were three orders of protection 316 00:13:53,533 --> 00:13:56,700 and you've asked that they be extended, at least 'til the end of the divorce, 317 00:13:56,767 --> 00:13:58,467 which was 2021. 318 00:13:58,533 --> 00:14:01,000 Was he ever physically violent with you? 319 00:14:01,066 --> 00:14:02,967 -Yes, he was, Your Honor. -[Judge DiMango] And the children? 320 00:14:03,734 --> 00:14:05,500 -Yes or no? -Not physical, no. 321 00:14:05,567 --> 00:14:07,967 [Judge DiMango] Not physical. This judge that you sent the papers, 322 00:14:08,033 --> 00:14:10,734 he was not one of the judges in these proceedings. Is that correct? 323 00:14:10,800 --> 00:14:13,266 -Yes, he was in some... -In the orders of protection? 324 00:14:13,333 --> 00:14:15,300 -One of them, yes. -[Judge DiMango] One of them? 325 00:14:15,367 --> 00:14:17,300 Why would this judge have been involved in that way, sir? 326 00:14:17,367 --> 00:14:18,967 What would he care whether or not... 327 00:14:19,033 --> 00:14:21,600 It wasn't her father, right? The judge? It wasn't her cousin. 328 00:14:21,667 --> 00:14:23,734 No, I mean, I have... 329 00:14:24,767 --> 00:14:26,767 -[Judge DiMango] What? -I worry as much as anybody else. 330 00:14:26,834 --> 00:14:29,867 And I... She has accused me of being a conspiracy theorist 331 00:14:29,934 --> 00:14:32,834 because I look into conspiracies that are on the internet 332 00:14:32,900 --> 00:14:34,000 as in, I read them. 333 00:14:34,066 --> 00:14:35,066 [Judge DiMango] You like that stuff? 334 00:14:35,133 --> 00:14:36,800 But I don't believe it. Not necessarily... 335 00:14:36,867 --> 00:14:39,633 So you kinda sometimes might be so inquisitive 336 00:14:39,700 --> 00:14:41,500 that you might see something. That's your point, 337 00:14:41,567 --> 00:14:43,800 -he sees things that aren't there. -[Eugene] In the case of the officer, 338 00:14:43,867 --> 00:14:45,467 we spoke about it. He confirmed it. 339 00:14:45,533 --> 00:14:47,600 She's the one who initially told me about it. 340 00:14:47,667 --> 00:14:49,333 -[Judge DiMango] Okay, so... -And I talked to the officer about it. 341 00:14:49,400 --> 00:14:51,734 -There's no paranoia issue on that. -Okay. 342 00:14:51,800 --> 00:14:54,867 No paranoia there. All right, I get it now. 343 00:14:54,934 --> 00:14:58,867 But the court decree did not prevent you from having contact with your children. 344 00:14:58,934 --> 00:15:01,100 -Yes. -And you're saying the arrest was made, 345 00:15:01,166 --> 00:15:03,100 knowing that, because of the relationship. 346 00:15:03,166 --> 00:15:05,233 So I could see you getting your back up. 347 00:15:05,300 --> 00:15:07,533 So that's dismissed, you send a gift... 348 00:15:07,600 --> 00:15:10,333 Why would you call the police? He sent a gift. 349 00:15:10,400 --> 00:15:12,734 Because the children were not listed as protected persons, 350 00:15:12,800 --> 00:15:15,834 uh, he was ordered to do supervised contact. 351 00:15:15,900 --> 00:15:18,533 [Judge DiMango] No, no, supervised physical contact. 352 00:15:18,600 --> 00:15:20,934 Not to go to the mailman, gonna go over with him? 353 00:15:21,000 --> 00:15:23,433 I think that the words on the note were damaging. 354 00:15:23,500 --> 00:15:26,700 Listen, I did matrimonial cases as a judge for three years. 355 00:15:26,767 --> 00:15:28,433 Supervised visitation I get. 356 00:15:28,500 --> 00:15:30,300 Because they don't want any harm, 357 00:15:30,367 --> 00:15:32,867 they don't want the father to take the kids out of the state, 358 00:15:32,934 --> 00:15:34,266 take them out of the jurisdiction. 359 00:15:34,333 --> 00:15:37,667 But to say he needs a supervised mailing? 360 00:15:37,734 --> 00:15:40,867 What did the note say that was so troubling to you 361 00:15:40,934 --> 00:15:43,367 that you needed to call the police? 362 00:15:43,433 --> 00:15:44,834 "I hope to see you soon." 363 00:15:44,900 --> 00:15:47,900 And if he wanted to see her, he could schedule a visit. 364 00:15:47,967 --> 00:15:50,567 So let me call the police 'cause your father wants to see you 365 00:15:50,633 --> 00:15:51,734 and now you know it. 366 00:15:51,800 --> 00:15:54,400 It had been two years since he'd seen her. And he could... 367 00:15:54,467 --> 00:15:55,467 [Judge DiMango] It doesn't matter. 368 00:15:55,533 --> 00:15:57,333 She knows he didn't see her in two years. 369 00:15:57,400 --> 00:15:59,367 He sent her a note that says he wants to see her. 370 00:15:59,433 --> 00:16:01,000 So she now knows he's a liar. 371 00:16:01,066 --> 00:16:03,000 You had a gift. What was the gift? 372 00:16:03,066 --> 00:16:05,333 -I don't remember, Your Honor. -[Judge DiMango] What did you send her? 373 00:16:05,400 --> 00:16:07,233 There was, like, a light-up moon thing 374 00:16:07,300 --> 00:16:09,367 -and then I think... -How old is your daughter? 375 00:16:09,433 --> 00:16:10,433 Thirteen. 376 00:16:10,500 --> 00:16:12,400 -She was 13 at the time this occurred? -Yes. 377 00:16:12,467 --> 00:16:15,266 She's not a child. Come on. 378 00:16:16,066 --> 00:16:19,333 Do you have the things that he's looking for? 379 00:16:19,400 --> 00:16:22,000 He gave us a list of things that were in boxes. 380 00:16:22,066 --> 00:16:23,266 I had them all boxed. 381 00:16:23,333 --> 00:16:26,200 I waited for 12 months and I have dispersed the items since. 382 00:16:26,266 --> 00:16:28,166 I brought the wedding rings to give him. 383 00:16:28,233 --> 00:16:30,834 Could you open the box so we can see what you have? 384 00:16:30,900 --> 00:16:32,233 Are both wedding bands in there? 385 00:16:32,300 --> 00:16:34,266 Yes, and the engagement ring. 386 00:16:34,834 --> 00:16:35,834 [Judge DiMango] Oh, that's nice. 387 00:16:35,900 --> 00:16:38,567 She's giving you back the engagement ring. She doesn't have to. 388 00:16:38,633 --> 00:16:42,133 So she has a corresponding list of your items 389 00:16:42,200 --> 00:16:46,100 and she's marked off in yellow the things that she still has. 390 00:16:46,165 --> 00:16:48,533 Do you realize, in the scheme of life, 391 00:16:48,600 --> 00:16:50,633 that after a year's divorce 392 00:16:50,700 --> 00:16:54,633 -you are concerned with a frying pan? -[Eugene] Like I said, 393 00:16:54,700 --> 00:16:56,800 -it was an old list. -A frying pan? 394 00:16:56,867 --> 00:16:59,533 If I'd made a new list, it probably wouldn't have been an issue. 395 00:16:59,600 --> 00:17:02,066 -A Dutch oven? -That was actually my mother's. 396 00:17:02,133 --> 00:17:03,433 I see that. 397 00:17:03,500 --> 00:17:05,400 Two ginger bars? 398 00:17:05,467 --> 00:17:06,700 Mats? 399 00:17:06,767 --> 00:17:09,000 It was something I was given by a friend. 400 00:17:09,066 --> 00:17:12,032 You're requesting this, but you don't have this, apparently. 401 00:17:12,099 --> 00:17:14,266 "A handmade Father's Day gift 402 00:17:14,333 --> 00:17:16,834 constructed by my son in his daycare. 403 00:17:16,900 --> 00:17:20,367 It consists of a hammer glued to a piece of wood, 404 00:17:20,433 --> 00:17:22,066 with the simple words, 405 00:17:22,133 --> 00:17:25,599 'If Dad can't fix it, nobody can.'" 406 00:17:26,700 --> 00:17:27,700 Do you have that? 407 00:17:27,767 --> 00:17:28,767 I do not. 408 00:17:28,834 --> 00:17:31,000 -[Judge DiMango] You threw it out? -It had broken. 409 00:17:31,066 --> 00:17:32,400 [Judge DiMango] How did it break? 410 00:17:32,467 --> 00:17:34,567 Um, the kids... 411 00:17:34,633 --> 00:17:36,433 -tore the picture off. -You threw it out. 412 00:17:36,500 --> 00:17:38,133 -You just threw it out. -All right. 413 00:17:38,200 --> 00:17:39,567 -You're right. -When you say "you're right," 414 00:17:39,633 --> 00:17:41,867 it means "you caught me. You caught me in a lie." 415 00:17:41,934 --> 00:17:45,967 You threw out stuff that you knew would mean something to him. 416 00:17:46,033 --> 00:17:47,033 Yes, Your Honor. 417 00:17:47,100 --> 00:17:50,467 You threw out your own kids' creations because you're bickering with one another. 418 00:17:50,533 --> 00:17:52,166 But you know what the problem is? 419 00:17:52,233 --> 00:17:53,700 You can't fix this. 420 00:17:53,767 --> 00:17:57,700 We might have to fix it for you in a way you may not like. 421 00:17:58,100 --> 00:17:59,633 I don't have any other questions. 422 00:17:59,700 --> 00:18:01,867 I want to hear from the plaintiff. 423 00:18:01,934 --> 00:18:05,200 'Cause she started to say something in response to Judge DiMango 424 00:18:05,266 --> 00:18:07,133 about why you thought 425 00:18:07,200 --> 00:18:09,934 the defendant sending that gift was harmful. 426 00:18:10,000 --> 00:18:11,867 Why did you think it was harmful? 427 00:18:11,934 --> 00:18:14,433 Because he hadn't seen our children 428 00:18:14,500 --> 00:18:16,834 and I just wanted for him to schedule a visit. 429 00:18:16,900 --> 00:18:18,266 They wanted to see him. 430 00:18:18,333 --> 00:18:21,834 And I think it's damaging for him to send letters, "I hope to see you," 431 00:18:21,900 --> 00:18:24,700 when it's clear to me if he hopes to see them 432 00:18:24,767 --> 00:18:26,033 he would schedule a visit. 433 00:18:26,100 --> 00:18:27,900 [Judge Acker] Were you involved with the officer? 434 00:18:27,967 --> 00:18:29,166 No, Your... No. 435 00:18:29,233 --> 00:18:31,667 You called the police because of the note. 436 00:18:31,734 --> 00:18:32,767 Yes, Your Honor. 437 00:18:32,834 --> 00:18:36,700 That criminal charge that was filed against you was dismissed. 438 00:18:36,767 --> 00:18:37,767 Thank you. 439 00:18:37,834 --> 00:18:39,000 [Judge Levy] I wanna follow up something as well. 440 00:18:39,066 --> 00:18:40,800 Because I wanna make this clear. 441 00:18:40,867 --> 00:18:44,433 In the divorce decree, petitioner, that was you, 442 00:18:44,500 --> 00:18:47,100 states that the last time you saw the parties' children 443 00:18:47,166 --> 00:18:49,233 was on July 2nd, 2019. 444 00:18:49,300 --> 00:18:52,066 The court notes that you, sir, had the opportunity 445 00:18:52,133 --> 00:18:53,734 to have supervised visitation, 446 00:18:53,800 --> 00:18:56,133 but that you had not availed yourself 447 00:18:56,200 --> 00:18:57,734 due to your distrust 448 00:18:57,800 --> 00:19:02,133 of the only supervised parenting center in your town. 449 00:19:02,200 --> 00:19:05,300 -That's what the judgement said. -May I explain my supposed "paranoia"? 450 00:19:05,367 --> 00:19:06,567 [Judge Levy] Hold on. No, no. 451 00:19:06,633 --> 00:19:08,200 -Just hold on, sir. -Violating my right... 452 00:19:08,266 --> 00:19:09,600 The court is deeply concerned 453 00:19:09,667 --> 00:19:13,233 that you had not had any visitation with the children 454 00:19:13,300 --> 00:19:14,567 for approximately three years. 455 00:19:14,633 --> 00:19:16,533 And let me make it clear for everyone. 456 00:19:16,600 --> 00:19:18,100 The judge spoke to your kids. 457 00:19:18,166 --> 00:19:19,900 And your kids said they loved you. 458 00:19:19,967 --> 00:19:22,200 So the judge says here, 459 00:19:22,266 --> 00:19:24,000 "Petitioner has always," that's you, sir, 460 00:19:24,066 --> 00:19:26,333 "had the option of supervised parenting time." 461 00:19:26,400 --> 00:19:30,567 But you refused to exercise that parenting time 462 00:19:30,633 --> 00:19:35,100 based upon your belief that the local supervised parenting center 463 00:19:35,166 --> 00:19:39,100 was involved in a conspiracy with the county attorney against you. 464 00:19:39,166 --> 00:19:41,333 -That's what the judge wrote. -May I explain it? 465 00:19:41,400 --> 00:19:45,867 Hold on. The point is, that you said, just a moment ago, to Judge DiMango, 466 00:19:45,934 --> 00:19:49,600 that the plaintiff interferes with your relationship with the kids. 467 00:19:49,667 --> 00:19:53,567 But that is completely inconsistent with what the judge found, 468 00:19:53,633 --> 00:19:56,500 who took sworn testimony on four separate days 469 00:19:56,567 --> 00:19:58,333 and spoke to your children about it. 470 00:19:58,400 --> 00:20:01,333 That's what I want to make clear. I have nothing further. 471 00:20:01,400 --> 00:20:03,233 I do wanna hear what you have to say. 472 00:20:03,300 --> 00:20:07,133 -I think I just want, and I want... -So, the supervised parenting center 473 00:20:07,200 --> 00:20:11,467 was also the same non-profit organization 474 00:20:11,533 --> 00:20:14,300 that helped her get the original OFP. 475 00:20:14,367 --> 00:20:16,567 The county attorney in our county 476 00:20:16,633 --> 00:20:18,700 sits on their board of directors. 477 00:20:18,767 --> 00:20:21,800 My original lawyers, which are not in dispute here, 478 00:20:21,867 --> 00:20:22,867 that I hired, 479 00:20:23,500 --> 00:20:26,100 did not tell me that they also represented that organization. 480 00:20:26,166 --> 00:20:28,033 Maybe about a year later, 481 00:20:28,100 --> 00:20:30,767 after I had done some, basically, running of my mouth 482 00:20:30,834 --> 00:20:33,400 and starting a petition on change.org and things like that, 483 00:20:33,467 --> 00:20:35,500 trying to get them to change their ways, 484 00:20:35,567 --> 00:20:39,000 that law firm sent me a letter on their behalf 485 00:20:39,066 --> 00:20:40,300 threatening to sue me. 486 00:20:40,367 --> 00:20:43,834 Plus, they were the ones who denied me access to their services. 487 00:20:43,900 --> 00:20:45,200 Okay. So that's, thank goodness, 488 00:20:45,266 --> 00:20:48,266 all of this is beyond our jurisdiction at this time. Thank you both. 489 00:20:48,333 --> 00:20:51,367 [Byrd] Court is now in recess. Parties are excused. 490 00:20:53,300 --> 00:20:55,333 [narrator] Coming up on Tribunal Justice... 491 00:20:55,400 --> 00:20:57,767 I originally came from a small town, like you have. 492 00:20:57,834 --> 00:21:00,600 And I know corruption way worse than you do. 493 00:21:00,667 --> 00:21:03,000 Police, judges, bad. 494 00:21:03,066 --> 00:21:05,367 And it's not something that I think could never happen 495 00:21:05,433 --> 00:21:07,000 because I've personally witnessed it. 496 00:21:14,900 --> 00:21:16,533 I thought it was pretty telling 497 00:21:16,600 --> 00:21:20,533 once I received a copy of the divorce decree 498 00:21:20,600 --> 00:21:23,667 why the defendant did not provide us a copy. 499 00:21:23,734 --> 00:21:25,700 Especially when he put in the counterclaim, 500 00:21:25,767 --> 00:21:30,633 he says that on page 16, paragraph 38, this is what the judge ordered. 501 00:21:30,700 --> 00:21:32,433 The best evidence of that would've simply been 502 00:21:32,500 --> 00:21:35,266 for him to supply us with a copy of the judgement of divorce. 503 00:21:35,333 --> 00:21:36,533 And the reason he didn't, 504 00:21:36,600 --> 00:21:39,400 was because he knew what that judgement of divorce contained. 505 00:21:39,467 --> 00:21:40,900 He didn't want us to see it. 506 00:21:40,967 --> 00:21:43,100 And but for the fact that we requested that, 507 00:21:43,166 --> 00:21:46,567 and only got that judgement of divorce this morning from the plaintiff, 508 00:21:46,633 --> 00:21:48,667 we would not have known any of this. 509 00:21:48,734 --> 00:21:50,900 Any of it. And it was extremely important. 510 00:21:50,967 --> 00:21:55,467 His entire case is, "Why didn't the plaintiff just ask me about the lien?" 511 00:21:55,533 --> 00:21:58,533 "Why didn't she just call me? We could've resolved it." 512 00:21:58,600 --> 00:22:00,266 Well, I'll tell you why. 513 00:22:00,333 --> 00:22:02,934 Based upon the domestic violence and the abuse 514 00:22:03,000 --> 00:22:06,000 that the court found he committed upon her, 515 00:22:06,066 --> 00:22:08,900 the court ordered "that the parties' communication 516 00:22:08,967 --> 00:22:12,333 shall solely relate to parenting time 517 00:22:12,400 --> 00:22:15,767 and exchanging information about the children." 518 00:22:15,834 --> 00:22:19,433 She was prohibited from communicating with him about the lien. 519 00:22:19,500 --> 00:22:20,500 He knew that. 520 00:22:20,567 --> 00:22:22,667 He just doesn't think that we read his divorce decree. 521 00:22:22,734 --> 00:22:26,433 When he says to us that she interfered with my relationship with the kids, 522 00:22:26,500 --> 00:22:29,200 again, completely disproved, by the findings of fact 523 00:22:29,266 --> 00:22:31,533 he testified under oath for four days. 524 00:22:31,600 --> 00:22:34,500 The court heard from both the kids and I wanna make it clear again, 525 00:22:34,567 --> 00:22:37,100 the kids said very clearly they love their father. 526 00:22:37,166 --> 00:22:38,600 They wanna see their father. 527 00:22:38,667 --> 00:22:41,567 But the judge imposed restrictions for a good reason. 528 00:22:41,633 --> 00:22:42,967 Because he has mental health issues. 529 00:22:43,033 --> 00:22:44,467 It's all over that divorce decree. 530 00:22:45,100 --> 00:22:48,266 He had to go for counseling and help and he never did it. 531 00:22:48,333 --> 00:22:50,300 That's the reason why he hasn't seen the kids. 532 00:22:50,367 --> 00:22:53,333 So when he sends a note, "I hope to see you soon," 533 00:22:53,400 --> 00:22:56,700 suggesting that it's someone else's fault that he hasn't seen them, 534 00:22:56,767 --> 00:22:58,667 that, to me, is abusive. 535 00:22:58,734 --> 00:23:02,433 And if you allow that behavior to continue, it will only get worse. 536 00:23:02,900 --> 00:23:04,033 Putting all that aside, 537 00:23:04,100 --> 00:23:06,200 I think the testimony and the evidence is clear, 538 00:23:06,266 --> 00:23:08,066 he owes her the $4,000. 539 00:23:08,133 --> 00:23:10,667 And he should thank her for knocking $2,000 off of that. 540 00:23:10,734 --> 00:23:12,100 I agree with you. 541 00:23:12,166 --> 00:23:13,867 It's clear he owes her the money. 542 00:23:13,934 --> 00:23:17,934 You know, I'm really concerned about his coming to this court, 543 00:23:18,000 --> 00:23:22,734 rehashing allegations that were debunked, 544 00:23:22,800 --> 00:23:25,000 found not to be true in another forum. 545 00:23:25,633 --> 00:23:30,467 I don't think that she necessarily jumped to any improper conclusion 546 00:23:30,533 --> 00:23:33,066 by seeing that note, once I heard the context from her. 547 00:23:33,633 --> 00:23:35,467 But I think that it was his debt. 548 00:23:35,533 --> 00:23:38,567 If he doesn't really owe the lawyer the money, 549 00:23:38,633 --> 00:23:41,734 he can file a claim against the lawyer and get the money back. 550 00:23:41,800 --> 00:23:43,200 But it was never her debt 551 00:23:43,266 --> 00:23:45,066 and it was encumbering her property. 552 00:23:45,133 --> 00:23:47,333 So, full stop, he owes it to her. 553 00:23:47,400 --> 00:23:48,633 He owes her the $4,000. 554 00:23:48,700 --> 00:23:51,300 If he has any lawsuit at all, it's against his attorneys 555 00:23:51,367 --> 00:23:54,700 if they have double-dipped by taking 4,000 from her and not him. 556 00:23:54,767 --> 00:23:56,233 With regard to the itemized list, 557 00:23:56,300 --> 00:23:58,066 -she agrees that she has certain items. -Yes. 558 00:23:58,133 --> 00:23:59,934 She's willing to return those items to him. 559 00:24:00,066 --> 00:24:04,200 We will have him go with a neutral person of his choice, 560 00:24:04,266 --> 00:24:07,000 preferably law enforcement, to pick up the items 561 00:24:07,066 --> 00:24:09,333 that were still at the house, that she still has, 562 00:24:09,400 --> 00:24:11,133 and was still willing to give him and return. 563 00:24:11,200 --> 00:24:12,867 I think with regard to the note, 564 00:24:12,934 --> 00:24:14,500 I think that to call the police 565 00:24:14,567 --> 00:24:16,900 when a note could be viewed as innocuous... 566 00:24:16,967 --> 00:24:19,333 If a mother wanted their children to be happy, she'd say, 567 00:24:19,400 --> 00:24:21,533 "I see that Daddy wants to see you, 568 00:24:21,600 --> 00:24:24,400 I think that he's had enough time, he can come and visit you. 569 00:24:24,467 --> 00:24:25,967 Nobody is stopping him." 570 00:24:26,033 --> 00:24:27,800 And she could've dealt with it that way, 571 00:24:27,867 --> 00:24:29,567 -rather than call the police. -Absolutely not. 572 00:24:29,633 --> 00:24:32,200 I think that, you know, to rehash this here 573 00:24:32,266 --> 00:24:33,934 I'm finding is very troublesome. 574 00:24:34,000 --> 00:24:36,033 Bottom line is, he gives her $4,000, 575 00:24:36,100 --> 00:24:38,667 she gives him back the stuff that he has. I'm done. 576 00:24:38,734 --> 00:24:40,700 Listen, what you want us to do now 577 00:24:40,767 --> 00:24:42,400 is to say, you know what, 578 00:24:42,467 --> 00:24:44,400 forget about what the matrimonial judge said, 579 00:24:44,467 --> 00:24:46,567 based upon his view of all the evidence, 580 00:24:46,633 --> 00:24:50,533 which was that there has to be a pick-up of the property with a police officer. 581 00:24:50,600 --> 00:24:54,066 If we say, no, we don't agree with you, we're gonna allow a neutral party. 582 00:24:54,133 --> 00:24:55,533 So we are changing... 583 00:24:55,600 --> 00:24:57,533 No, I meant a neutral law enforcement official. 584 00:24:57,600 --> 00:25:00,133 Not a cop that he thinks she slept with, or that. 585 00:25:00,200 --> 00:25:02,600 -He needs a police... -He can pick any police officer. 586 00:25:02,667 --> 00:25:03,834 -We don't need neutral. -Yeah, 587 00:25:03,900 --> 00:25:06,500 I don't feel like we can get that much into the weeds. 588 00:25:06,567 --> 00:25:08,333 -Any police officer. -We should just say, yeah, 589 00:25:08,400 --> 00:25:10,400 -an investigative... -She is willing, 590 00:25:10,467 --> 00:25:12,767 she's willing to comply, comply with the order. 591 00:25:12,834 --> 00:25:14,633 Let's give him two weeks or 15 days 592 00:25:14,700 --> 00:25:16,567 -to return the property. -To transfer the property, 15 days. 593 00:25:16,633 --> 00:25:18,233 [Judge Acker] I think that's reasonable. 594 00:25:18,300 --> 00:25:19,800 If he doesn't pick it up within 15 days... 595 00:25:19,867 --> 00:25:21,567 -It's done. -It, it's done. 596 00:25:21,633 --> 00:25:23,133 -Yeah. -Okay. 597 00:25:26,400 --> 00:25:27,867 Court is back in session. 598 00:25:27,934 --> 00:25:29,967 Parties are reminded you're still under oath. 599 00:25:30,033 --> 00:25:31,133 -Thank you, Byrd. -Mm-hmm. 600 00:25:31,200 --> 00:25:33,633 [Judge Levy] Before we get to the verdict, let me say this, 601 00:25:33,700 --> 00:25:35,867 because this was brought up by the defendant here. 602 00:25:36,567 --> 00:25:39,133 I originally came from a small town, like you have. 603 00:25:39,200 --> 00:25:41,734 And I know corruption way worse than you do. 604 00:25:41,800 --> 00:25:44,233 Police, judges, bad. 605 00:25:44,300 --> 00:25:46,633 And it's not something that I think could never happen 606 00:25:46,700 --> 00:25:48,567 because I've personally witnessed it. 607 00:25:48,633 --> 00:25:52,767 But for you to come in and to say that there was a finding against the judge 608 00:25:52,834 --> 00:25:54,467 that you filed a complaint against, 609 00:25:54,533 --> 00:25:56,934 and it was your word, "substantial misconduct," 610 00:25:57,000 --> 00:25:59,900 and the evidence that you supplied to us to support that claim 611 00:25:59,967 --> 00:26:01,567 contradicted you. 612 00:26:01,633 --> 00:26:03,667 Because according to the letter that you received 613 00:26:03,734 --> 00:26:06,166 from the Minnesota Board of Judicial Standards, 614 00:26:06,233 --> 00:26:09,200 you filed a complaint against the judge and they investigated it. 615 00:26:09,266 --> 00:26:11,500 And they did find reasonable cause to believe 616 00:26:11,567 --> 00:26:13,367 that the judge committed misconduct. 617 00:26:13,433 --> 00:26:16,166 Not necessarily what you said he did, 618 00:26:16,233 --> 00:26:18,166 but based upon their own investigation 619 00:26:18,233 --> 00:26:20,367 -he committed some type of misconduct. -Yes. 620 00:26:20,433 --> 00:26:23,133 Did they support your claim that it was substantial misconduct? 621 00:26:23,200 --> 00:26:24,200 They did not. 622 00:26:24,266 --> 00:26:25,266 Because what they said 623 00:26:25,333 --> 00:26:28,300 is so long as the judge goes to an education program 624 00:26:28,367 --> 00:26:31,233 to understand whatever it was that he did, he shouldn't do again, 625 00:26:31,300 --> 00:26:34,100 that the judge would receive a private admonition. 626 00:26:34,166 --> 00:26:36,467 And a private admonition may be issued 627 00:26:36,533 --> 00:26:39,100 if a judge's misconduct appears to be 628 00:26:39,166 --> 00:26:43,000 of an isolated and non-serious nature. 629 00:26:43,066 --> 00:26:44,166 That's what they said. 630 00:26:44,233 --> 00:26:47,400 That is just the opposite of "substantial misconduct." 631 00:26:47,467 --> 00:26:50,834 I'm not suggesting, sir, that what you did not accuse him of 632 00:26:50,900 --> 00:26:52,567 was substantial misconduct, 633 00:26:52,633 --> 00:26:54,033 but that was not their finding. 634 00:26:54,100 --> 00:26:55,400 Do you agree with that? 635 00:26:55,467 --> 00:26:57,066 I agree that he got a slap on the wrist. 636 00:26:57,133 --> 00:27:01,000 [Judge Levy] Okay. Now to the judgement. We agreed on a lot, but not everything. 637 00:27:01,066 --> 00:27:02,967 But the verdict is unanimous. 638 00:27:03,033 --> 00:27:05,200 With respect to your counterclaim, 639 00:27:05,266 --> 00:27:08,000 it is being dismissed for the reasons that we went over here in court. 640 00:27:08,066 --> 00:27:10,500 That doesn't mean that you're not gonna get the stuff back. 641 00:27:10,567 --> 00:27:11,934 You are gonna get your stuff back. 642 00:27:12,000 --> 00:27:14,734 Because the plaintiff here is going to comply 643 00:27:14,800 --> 00:27:16,433 with the original judge's order 644 00:27:16,500 --> 00:27:19,600 that said that you are permitted to go there with a police officer 645 00:27:19,667 --> 00:27:20,734 and collect your things. 646 00:27:20,800 --> 00:27:23,000 You don't have to go to the same small-town police department 647 00:27:23,066 --> 00:27:25,533 that you claim acted inappropriately, 648 00:27:25,600 --> 00:27:26,700 but I leave that up to you. 649 00:27:26,767 --> 00:27:28,233 You have 15 days to go 650 00:27:28,300 --> 00:27:30,300 and make arrangements to pick up those items. 651 00:27:30,367 --> 00:27:32,033 If you don't pick them up, do whatever you want with them. 652 00:27:32,533 --> 00:27:36,834 As far as your claim against the defendant for $4,000 for counsel fees, 653 00:27:36,900 --> 00:27:38,567 that is being granted. 654 00:27:38,633 --> 00:27:41,333 That was not your responsibility, those legal fees, those were his. 655 00:27:41,400 --> 00:27:43,734 With respect to the rings, 656 00:27:43,800 --> 00:27:47,100 I'm gonna ask Cassandra right now to please take those rings from you 657 00:27:47,166 --> 00:27:49,266 and we're turning those over right now. 658 00:27:49,333 --> 00:27:51,300 And for the benefit of your children, 659 00:27:51,367 --> 00:27:53,467 I truly hope that you're able to work these things through. 660 00:27:53,533 --> 00:27:55,567 They love you very much, sir. I see that. 661 00:27:55,633 --> 00:27:57,100 -Thank you. -[Dana] Thank you, Your Honor. 662 00:27:57,967 --> 00:27:59,367 [Byrd] This case is concluded. 663 00:27:59,433 --> 00:28:01,533 Parties are excused. You may step out. 664 00:28:05,200 --> 00:28:07,600 During the time we were married, she told me who it was. 665 00:28:07,667 --> 00:28:08,767 She showed me his picture. 666 00:28:08,834 --> 00:28:10,900 That never happened. I don't know why he says that. 667 00:28:10,967 --> 00:28:13,166 Later on, at a party, I met him. 668 00:28:13,233 --> 00:28:14,700 He's making that up as well. 669 00:28:14,767 --> 00:28:17,700 He had a big smile on his face. He says, "I really like your wife." 670 00:28:17,767 --> 00:28:19,133 He struggles with mental illness. 671 00:28:19,200 --> 00:28:20,233 At this point, I'm overwhelmed. 672 00:28:20,300 --> 00:28:21,600 For him to get some help 673 00:28:21,667 --> 00:28:24,433 and be a good father to our children, that would be great. 674 00:28:24,500 --> 00:28:26,667 I'd just like to have dinner with my kids. It'd be great. 675 00:28:26,734 --> 00:28:30,033 He doesn't desire that. He would see them if he did. 676 00:28:30,100 --> 00:28:31,100 I never stood a chance. 677 00:28:31,166 --> 00:28:32,266 Thank you, Tribunal. 678 00:28:32,867 --> 00:28:34,700 [narrator] Did someone destroy your property? 679 00:28:34,767 --> 00:28:38,100 Let Tribunal Justice decide your case. 680 00:28:38,166 --> 00:28:41,066 Find us on social media at Tribunal Justice.