Motion to Disqualify!

Judge Middleton is not happy.
Landlord Tenant Termination of Tenancy Trial 3B District Court May 18, 2022
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This commentary remix work constitutes a fair use of any copyrighted materials under section 107 of the US copyright

[@cerebraltackle]

I spoke with a friend of mine that lives in Michigan. I didn't realize he was from this county! I mentioned Judge Middleton and he said the citizens there love him!!! He said that Middleton's reputation for fairness and kindness was outstanding!

[@tomr3422]

This is a judge that give people the oppertunity to dismiss DL tickets dropped if they get a license, and then gives tips on passing the driving test.

[@cerebraltackle]

@@tomr3422 yeah, he's about getting people to do the right thing and keeping them straight...not dropping the hammer on every single person.

[@philsphan4414]

He’s very much like Sheriff Andy Taylor to that place. He’s served those people for his entire professional life.

[@chrisvSTL]

@Cerebral Tackle since subsidized apartment (HUD section 8) the community has section of poor (not sure of the political correct term) people who struggle day to day to just exist and eat. That being said Judge M most likely is aware of this and is sympathetic. So instead of making life even more difficult with fines jail etc he goes out of his way to assist them in doing right. He needs to start a consulting business and give seminars on how to rule with compassion and understanding.

[@cerebraltackle]

@@chrisvSTL I agree...although I don't think he could do that while being a sitting judge. I could be wrong.

[@BillViets]

Been a lawyer for 36 years and I have to say that the disqualification motion was one of the least thought-through motions I’ve ever heard of.

[@dacks14]

if you think this is bad you should watch the Dog Days play list (if you haven't yet)

[@MrProfessional777]

Right! It gives the judge discretion to disqualify themselves? That's like asking a 2 year old..."Do you think you should go on time out?" Of course not! Another "We investigated ourselves, and find we did nothing wrong."

[@JohnRodriguez-zn4gf]

This is because back in the days judges were raised in Christian Bible base homes, more ethnic, had morals, not corrupted, and were not involved in the dirt of politics that you see now and then.

[@christideal3664]

I’ve been watching this one go on and on for months! The plaintiff pays $0 rent, the MI housing authority pays the rent every month. This tenant is being evicted for numerous lease violations. Legal Aid is tap-dancing their legs off to keep her there. It is beyond despicable to bring a motion to disqualify Judge Middleton! “The appearance of impropriety” is simply BS! Judge Middleton has been so patient and fair for many, many months, now. This Legal Aid atty came back later with an apology, if the judge feels personally insulted. THEN asked if Judge Middleton could be impartial, now, in light of being so offended! What brass! Judge Middleton has done everything, in his power, to keep her from losing her housing benefits. Legal Aid just moves on, when she becomes homeless for good. I was so angry, listening to this and I hope Judge Pattison also denies this!

[@LawTalkWithMike]

👍

[@evelynalden7291]

When the attorney asked if Judge Middleton could be impartial, I immediately thought "there's the next motion to disqualify right there". And how is someone in a small town not supposed to hear about a fire? I live in a small midwestern city, have no connections, and _I_ hear about everything. Are judges supposed to not listen to the news or know about anything going on? Is the lawyer saying that if a judge hears fire engines he is disqualified from any cases that week? It's just silly.

[@gspinks21]

Do you know what the outcome of the case was?

[@bip4156]

I love how Judge Middleton ruled then immediately said let's get the other Judge to rule on your motion now so we can go on with the trial. Which if he was successful defeats any delay tactic. Brilliant. Took the wind out of all his sails.

[@happyhippo4664]

Judge Middleton's honor is seen By many to be most pristine. To challenge his court With a fanciful tort Is reckless and, frankly, just mean.

[@Mewse1203]

👏👏👏

[@cleobinx]

This great!!

[@Nanatoeight-wj5ng]

👏👏👏👏👏👏. Well said. I appreciate the poetry.

[@ashleymorris8705]

🏆

[@pattipeters9861]

A limerick! 😂

[@Robert-ff9wf]

Go get em judge Middleton. I am also feeling insulted for a judge who deserves the highest respect for his kindness, professionalism and fairness! This guy has no idea how lucky he is to have this excellent judge!!!

[@karenward267]

Judge Middleton is such a gentleman that even when he finds an attorney’s action distasteful, he’s patient, eloquent and gracious with his use of verbiage.

[@ashleymorris8705]

He is great at communication and speaks eloquently

[@vizzini2510]

The most ridiculous aspect of the motion is that Judge Middleton is the best judge a culprit could ever hope for.

[@camckenzie]

Landlord is trying to get rid of someone who is creating a dangerous environment (hoarding and disconnecting smoke detectors). She's not paying RENT. Then she burns up her apartment so it's UNINHABITABLE per the Fire Marshall. It could have been resolved today. I'd be BEYOND PISSED.

[@louiseporterbridges2040]

This could have been so easily a situation where Judge's email to the lawyers said, So I hear the defendant died in the fire in her hoarder house... That kind of situation is dangerous to everyone in the building, not just the hoarder.

[@LMLR187]

One of the most professional ponytails in the court system.

[@Amanda-dq2kf]

Watching even an hour of landlord tenant matters will make you never want to rent out a property 😂. Trying to get someone evicted is like the story that never ends.

[@ashleymorris8705]

Agreed!

[@pipersmom6795]

My first trial as a new lawyer the judge told me that prefacing comments with the phrase” with all due respect” guaranteed that disrespect was implied and intended.

[@kristi215]

I really need to hear the conclusion of the case against her. She needs to get the boot!

[@ashleymorris8705]

💯💯💯💯💯💯💯💯💯

[@angelaame6148]

I'm offended for Judge Middleton!!!! He is nothing but fair, impartial and upstanding!! Shame on that lawyer and his client...

[@Mewse1203]

You can "sound respectful" and totally disrespect the person.. this lawyer did that

[@courtstreams2250]

'I don't mean to offend you, but..."

[@DunsfordFarnsworth]

Middleton is basically what the concept of a judge should be, exactly. What else does he want?

[@MrKKmusic]

It’s great that Middleton has become so popular. He has such a disarming style that makes him endlessly watchable! That we get Deborah Davis with him makes it a never ending Made-for-KZbin special!

[@LawTalkWithMike]

👍

[@BryonYoungblood]

Judge Middleton is also so great because of how he won’t take shit from people in his courtroom, yet he is a good and caring guy on top of his unique disarming style.

[@irenekegel5988]

@@BryonYoungblood agree 100%

[@ashleymorris8705]

Yes! The Best District Duo!

[@aqua46784]

That's a long-running case. Defendant's rep is a high-octane Legal Aid attorney, if memory serves. She's sure getting her money's worth out of him. Oh, no, wait ... Anyway, he doesn't have much to work with regarding his client, so the grasping at straws happens, at Judge Middleton's expense. Way out of line to question Judge Middleton's integrity.

[@sandrablosser9888]

She has a Legal Aid attorney and pays $0.00 for rent. What an America. Next she will sue the landlord for the fire - and make the landlord pay for her stay in the Hilton.

[@purplpen]

@@sandrablosser9888 People who are poor need places to live, and deserve equal justice. That's a good and just America.

[@christina5kids16grands]

That property owner!🤦🏼‍♀️ Must be SO over it!

[@lisahunt9391]

Most people going to court would love to have Judge M and this guy wants to kick him off…..what is wrong with him. Even though he is wrong and borderline insulting Judge M will not hold it against his client and that’s why he is such a great judge.

[@alisontheanimal4009]

The fact that they mentioned subsidised housing, makes me think that the lawyer was from legal aid. There have been a few cases like this with Judge Middleton, including one where the lawyer kept repeating all the conspiracy theories of her client.

[@donnalynn2]

Why is it that EVERY TIME you play Kim Bandinos get down I have just taken a drink of my coca cola? BC I can't watch that w/out laughing, well let's just say I have coca cola all over me!

[@cerebraltackle]

Right! Between this and Arty's reaction to jump scares....I've ruined lots of things! 🤣

[@paulberry2884]

He's trying to make you healthy. Stop drinking caffeinated sugary crap :)

[@ssmrmgb]

This is not a non-payment of rent action. It is because she is not complying with the rules of the lease.

[@hoapres]

If you saw the other law and motion hearings then the defense attorney is pretty good about delay. Ask for a jury trial which clogs up the court calendar and then a week before trial consent to a bench trial. Then a fire occurs at the apartment with the defense attorney arguing an ex parte communication on a motion to disqualify. This is BS and isn't going anywhere. Pattison has a hearing on the motion next Monday and it wouldn't surprise me if Middleton would rather have Pattison take the case. Middleton probably has it right. You have a bad fire which makes the unit uninhabitable along with making the termination of tenancy trial unnecessary. Just get her out and avoid the trial which if she gets evicted can't find another apartment. That's why he keeps mentioning looking for another apartment due to a fire which is one thing. Looking for another subsidized apartment after being evicted is another thing all together.

[@kaliwindx7287]

I think the defendants attorney is truly cooking his own goose. This is a move that would not go down well with any of the judges in Saint Joseph County and now this lawyer is on their radar. Not smart.

[@ellendickey4769]

Sliimey

[@debunkthejunk1]

Wow, he accused the judge of impropriety for trying to streamline the process and protect his client from possible sanctions. I don't know how he keeps his pleasant demeanor, even I'm offended.

[@crazyamericanredhead]

Oddly enough, it’s small town judges that end up being on the news.

[@hoapres]

There was a similar case regarding a dragged out mobile home tenancy and the Plaintiff seemed reasonable in that he wanted to avoid an eviction on the tenant's record. Middleton asked the Plaintiff if he knew that the Defendant was involved in 7 other eviction trials in his court. The defendant said "That isn't right. I always pay my bills". Middleton proceeds to name all 7 trials. Some (and by no means all) tenants are just plain DEADBEATS.

[@jamesrowden303]

Very very few. A tiny minority. Piddling. In Australia anyway. Your US non metric speed measure may differ. Sorry, you started to miss me poff there .

[@purplpen]

I would have loved to see that! Names off 7 other cases! Hahahahaha 😂

[@ashleymorris8705]

🤣😂🤣😂⚖️⚖️⚖️

[@paulberry2884]

What a coincidence that there was a fire in the apartment the day before the case went to trial :Mike's raised eyebrow:

[@woodsman59]

The judge has fans from around the world. Each morning he we say hello to viewers and where they are from. This is done when he is alone and waiting in court

[@chriscoop6852]

I remember this case-first jury trial on a term of tenancy case in many, many years in this county. Just goes to show this frivolous motion is yet another stall tactic.

[@guymitchell3842]

I can’t believe that they would ask for that. He’s one of the nicest judges in his district.

[@crabbyj]

I know when I go to court, angering the judge is my go to strategy!!

[@tomr3422]

you just cant go wrong. Maybe demand a swevil chair too.

[@crabbyj]

@@tomr3422 - ROFL 🤣

[@lauriel8735]

Well, if they waste the judges time, . . . its time for a law lesson.

[@glynncordry5965]

Mike's comments about no one watching the small town court case _except all the people online_ , reminds me of that _Andy Griffin_ episode where a sailor (I think) who was bunking with a guy from Mayberry ended up knowing so much about the small town that he adopted it as his home town. I've had more news from St Joe than my own hometown in recent months.

[@cherveny]

too, he's issued bench warrants before, a local who watches knows the guy, calls him tells him get to court. happened more than once, so definitely the town watches 3b

[@claranceklonck9068]

This is so true. I do not even live in the same COUNTRY and yet feel I know St Joseph county and Judge Middleton.

[@JohnKing-do2yc]

You're a Zoom pro, Mike. ALWAYS have your cocktail in a coffee mug!

[@paulesterline5714]

Is this attorney trying to imply that judge Middleton did something he should not have!?!? Of all the judges in the entire world Judge Middleton would be the VERY LAST Judge that would do something out of order!!! Wow!! It is a small town I lived in a small town EVERYONE knows things that happen.!!

[@hoapres]

MI court rules require that the motion be heard by another judge. Unfortunately the other judge had an emergency medical appointment and couldn't hear the motion. Otherwise the motion would have been denied with the trial taking place.

[@somerando86]

Between situations like this and squatters, it astounds me how the system can be manipulated or even structured to serve the wrongdoers. Hopefully they can get the eviction through.

[@apex107lrp]

Enchanted Glen Apartments looks like "double wides" stacked double high...quite enchanting.

[@LoveWinterMaineWoods]

This is nuts. I am not a lawyer and even I know how wrong this seems.

[@tomwagner2773]

I have watched Judge M for over a year now and I can say this man is beyond reproach and Honest. I do not Know Judge M but his Actions speak Volumes. I have seen this PD office in action and have seen them do Anything and everything to Stall just through it out there and see what Sticks. I think its unfair to the Landlord I get she has Rights But come on its time to take ya Lumps and Move.

[@KansasCityScientologyAudit]

You have to think, being a small town, this lawyer will come up against this judge again. That may not end well!

[@ashleymorris8705]

Not good for the lawyers career 😬

[@mikesch7672]

I don't understand how everyone is so against burning the bridge you're standing on. Every time I've done it, it's been an amazing strategy.

[@BLBlackDragon]

Yeah... skirting a line on this one. I get the idea that a judge is supposed to be 100% impartial, but that doesn't necessarily mean that they can't know anything about the facts of the case before hearing it. Heck, I'm not a lawyer, but if landed in Judge Middleton's court, I'd thank my lucky stars.

[@cled3600]

Wow! That was absolutely fascinating. Special thanks for this one. '

[@kristasmith6358]

OMG. I grew up in a smaller community. When there is anything occurring, but especially fires, the whole town knew by noon. The number of fire fighters, the firehouse log of the fire, often large fires have townspeople taking water or sandwiches to those fighting the fire. This is nuts!

[@davidponseigo8811]

Judge Middleton is familiar with everything in his town.

[@graemehook]

Thank you for covering this. You are the best.

[@paulsilverstein9168]

This seems like abuse of judicial process. Why is this otherwise normal attorney doing this? He HAS to know how bad this makes him look. He can’t be getting enough money to ruin his reputation. I just don’t understand.

[@BettyG1369]

Quick observation. Wouldn't any other judge in town also know of the fire, especially if it's a small town? Is this defense attorney just stirring things around and around, hoping to be so annoying that it gets dismissed?

[@gwynluv5447]

Which really isn't possible. A dismissal means she gets to continue to live there rent free indefinitely? She's supposedly violated the terms of the rental agreement in various ways, hasn't paid nor is being charged any rent, and they want her out. There has to be a resolution. I can't stand people who abuse the system instead of using it for temporary assistance to get back on their feet. Now he's saying that the fact that Judge M stated he was offended may also be grounds for him to be disqualified. If I was the landlord I'd be infuriated. Every month she lives there without paying any rent they are losing money and at this point it's probably approaching a year. She shouldn't qualify for anymore housing assistance either.

[@chrisvSTL]

@Gwyn Luv they are getting paid. That's not the issue at hand. They are seeking eviction based on lease agreement violations. So basically she is a nuisance tenant and they want her out

[@GeraldWalling]

It is better to ask what Judge Middleton is not familiar with, It would be a shorter list.

[@fieryweasel]

It would be interesting to see a Judge-lympics where they all hear the same case.

[@janicefarmer2387]

Hello, hello, hello Mike.. 👋 😊 I was the very first one to testify for the prosecutio, in the trial for my mother's murderer. That way, as a victim I could stay in the court room for the trial.

[@patscats2080]

Incredible. As always Judge Middleton is a class act. That defense lawyer is acting like an idiot for a tenant who won’t pay rent. Despicable. Thank you Mike. A*

[@ThePursuitofHappiness1988]

Any time I hear the phrase “affidavit of truth” I get the bass line to Depeche Mode’s “Policy of Truth” stuck in my head.

[@SteinerSE]

By the sound of things there is no longer any apartment to evict the tenant from :X

[@tiggersdad6878]

Good video Mike. I'm a retired pilot, NOT a lawyer, but I was wracking my brain trying to figure why this guy would offend the sitting judge? I don't understand his motive.

[@LawTalkWithMike]

👍

[@karenward267]

What was this defence attorney thinking? Probably wasn’t as he would never have brought this motion to re Disqualify Judge Middleton on such flimsy grounds.

[@hoapres]

The motion went to Pattison for next Monday. MI law and motion rules really do require an affadavit which wasn't in the motion so it is procedurally defective. It isn't going anywhere but it gets at least a 2 week delay.

[@tay-dor7147]

My Apartment complex was appropriately named "La Mirage." LOL

[@hoapres]

FWIW, the motion to disqualify was denied.

[@BillViets]

Is the email even an ex parte communication if both sets of counsel are on it? Certainly, the magistrate’s statement to a judge was not ex parte because it wasn’t made on a party’s behalf.

[@Ocrilat]

'I'd like to make a Motion to Disqualify due to me pissing off the judge with my previous silly Motion to Disqualify'.

[@LawTalkWithMike]

😂

[@UpnorthHere]

Yeah, smooth move. /s Occasional conundrum fictionalized "Law and Order" shows: yes, you might be allowed to file an interlocutory appeal of a judge's collateral order, but whether or not it is denied, you're left sitting in front of the same judge you dissed by questioning the legality of the collateral order.

[@markstriblen5354]

Lawyer for legal aid is beyond terrible. Time for him to leave the legal field.

[@jakemoeller7850]

Thanks for playing the Blandino dance! I forgot about that 🙂

[@LawTalkWithMike]

🤩

[@shiannevanvolkenburg1651]

My heart hurts for judge M. He only tried to treat the people before him with tough love and compassion. Then this sleezeball comes in and offends this awesome judge. Tase him

[@hoapres]

Actually it was a smart tactic to delay the trial. The eviction case has been going on for 8 months and this is all about delay, delay, delay. Defense asked for a jury trial which was hard to place on the court calendar. The defendant has a total rent subsidy with 4 kids so she can't move by choice. Plaintiff wants her out. There was a fire on the eve of trial being Tuesday with the trial set for Wed. The defense probably believes that the defendant will get evicted and is trying to buy time. Judge has it right and suspects that the apartment is no longer habitable avoiding the need for an eviction trial.

[@courtstreams2250]

@@mikaelhg I think that Legal Aid's entire strategy is to drag these cases out as long as possible to make eviction more expensive. I remember one a few months back where Jo Bauer was threatening to take an eviction to federal court under Fair Housing because a family was getting evicted because their children were terrors. They weren't being evicted because they had children, they were being evicted because members of the household who happened to be children were a nuisance.

[@jamesrowden303]

Thenks!

[@veronicai6278]

This seems like a Section 8 (HCV) tenant and if an eviction goes on their record, they're kicked off the program for a minimum of 5yrs. They should take the 'because of fire' and pay the back rent and count their blessings.

[@Tuxon86]

I would've loved to see Judge Middleton vs Kim Blandino

[@harrietzook5066]

The other judge was unavailable and every stalled. Then lawyer digs hole deeper by saying judge m shouldn't be offended.

[@dons.465]

I’ve seen this lawyer before. He’s the king of delay tactics.

[@camckenzie]

Well, he's managed to prevent eviction for over 8 months. I can't see how it's helping ANYONE, including his client. Client needs to move along.

[@MelanaC]

Thank you thank you for the lengthy Kim-clip It’s sooooo good! I’m sitting here bopping about while trying to look professional (Watching Mike on my iPad while in a zoom on my laptop 🤭🤫)

[@ChadoftheNorth]

I watched this liv today! I could not believe this lawyer!

[@tomr3422]

Another exciting episode of Mike talk with Mike. I motion to diqualify Mike seeing how he is the proud owner of a Fez and ascot.

[@aqua46784]

I was so glad to hear Mike's comments on this as an attorney with legal smarts and courtroom savvy.

[@ellendickey4769]

Good for Judge Middleton. How insulting; what a ridiculous motion. This is why that atty. wanted witnesses to leave. What could the defense for not paying possibly be? Judge Simpson and the others would blast him out of the bldg.

[@nkhmd]

First of all I want to say I"m a fan, a native Chicagoan (from Skokie to Gold Coast to Hyde Park to Blue Island...eventually stopped my southward migration when CA weather bade me westward) but this episode is the first time I've come close to hearing/understanding your last name! Big day for me!! Really enjoy your demeanor, Mr. Gradlesmudge!;)

[@LawTalkWithMike]

Thank You 😂

[@jro6681]

Hi Mike, marvelous commentary and video🐶🥰 it's always a fabulous day in Judge Middleton's court💗🌻the attorney is barking up the wrong Judge if he thinks Judge Middleton would be improper. Before this attorney brought this line of questioning maybe he should think about what it will be like the next time he comes before Judge Middleton 🤭😆🐶🥰

[@purplpen]

I don't think he really thinks J. Middleton would be unfair. He is buying more time, even though it may be useless, since the apartment is uninhabitable. He has no fear of appearing in front of J. Middleton in the future; he already knows you will never get a fairer judge.

[@autumn557]

It must be so awkward too, to tell the judge to his face “I think you should be disqualified and here’s why”.

[@hoapres]

The termination of tenancy is not based on the tenant not paying her rent but on her alleged conduct in a fully subsidized apartment. At the first hearing, Middleton told the Defendant to be careful as she had a good deal and advised her not to give the Plaintiff any additional reasons to evict her.

[@ItIsJustJudy]

The Blandino Get Down never gets old.

[@LawTalkWithMike]

🤩

[@hoapres]

Where is Judge Judy when you need her ?

[@LaurenThePetLover]

Hey Mike, do you think this motion is one Judge Simpson might classify as 'disingenuous bordering on spurious'? BTW, it was Judge Pattison he was going to send the motion to, not Judge Stutesman. Stutesman is circuit court, Middleton and Pattison are district. Actually someone in the discord for the ZoomCourt subreddit commented that if Judge Pattison agrees to disqualify Judge Middleton and ends up trying the case, the defense attorney may have gotten what he wanted but screwed over his client. Judge Middleton as we all know is very compassionate and tries to help people as much as he can, while Judge Pattison is much more 'by the book'.

[@StandardGoose]

That's some pretty strong language from Judge Simpson. I wouldn't want to be on the receiving end of that.

[@BillViets]

Based on my limited experience, judges are loathe to sanction motions to disqualify judges (often heard by a different judge) to avoid looking thin-skinned and to avoid the chilling effect such sanctions would have. Note that a judge ought to recuse him-, her-, or theyself if there is even the appearance of a conflict.

[@phyllisswett3780]

Just found this video after watching Judge Middleton for over a year. He is so focused on fairness. This attorney has lots of chutzpah!

[@louiseporterbridges2040]

I get the sense from seeing him in other cases that even though this Legal Aid lawyer is a greyhair, he has not practiced very long??? But that said, his supervisor signed off on this stupid motion. Wouldn't it be a "better" delay tactic to let it play out and then use this as basis to appeal? ALSO: I do not want to come before you when you're a judge, Mike - - you are going to be tough!

[@karenparker5054]

Because he knows every inch and every person in the county. I’ve been angry for days waiting for your comments.♥️

[@dharmagirl5889]

Lol, I love the Dancing Blandino. Lol

[@LawTalkWithMike]

🤩

[@davidohara7669]

The fire couldn't be a 'hail Marry' attempt by the parasite?

[@Jahtutson]

You want to know how Judge Middleton knows about The Enchanted Glen? Judge Middleton is all knowing. He knows everybody and everything about his jurisdiction.

[@robertjandorf8125]

Check out the 5 min update on this one from yesterday. Probably boring for most. But interesting because I think the attorney offended Middleton again with his terrible apology.

[@kinsley7777]

Is it possible that the apt. burning and being rendered uninhabitable may expedite rehousing for the tenant in arrears (?) ... 🤷🏻‍♀️

[@Tindometari]

Far be it from me to suggest arson may have been involved, but yeah, the same thought about interestingly convenient timing occurred to me.

[@cerebraltackle]

There's reaching with a motion...and then there's f'n STUPID!! One guess which one this falls into... 🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣

[@calie01915]

No blandino dancing on depp case I needed to see that

[@serialshagster6651]

I thought it was strange that his secretary brought it to his attention, at first. Then you take into consideration its a small town and it most likely would have been known to many people including the judge and his constituents. The fact that they brought this motion forward in this small town was sleezy and frivolous....thats the word, sleezy! Delay tactic all the way. It was just a dumb move for an attorney that practices law in the same small town where this motion was filed...

[@dfairholmjr]

Can’t help but wonder if it was the clients idea. Just add another delay. Especially if they are living ‘rent free’

[@dave0sparky0matkin]

i brought a bad motion a few evenings ago...... was on the loo for AGES......SORRY!

[@dalesimpson1542]

Mike, this case was back on Middleton, today 9/14, in 3 parts (3hours and going)

[@smith899]

I have watched this judge. He seems so lovely!

[@LauraJayne64]

Now I want to know the end outcome of the case!