<i> This is</i> Couples Court
with the Cutlers. This is the case
of McCarty versus Malvo. You all have been together
for five years. You have one child together. And the outcome of today's
proceeding will determine whether this relationship
goes forward. Is that right, Ms. McCarty? Yes, sir. Okay. You've opened this case.
Tell us why you're here? Well, as you just stated, we just had a baby
three months ago. And we moved back in together
once the baby was born. And he just ever since I go
near his phone he freaks out. He doesn't come home after work. He stays out late.
He'll come home early mornings. The evidence is there. [Keith] The evidence of? The evidence of him cheating. He, I mean, it's just we used
to have a great sex life. And all of a sudden
it just stopped. Then to me, I'm assuming
he's just having too much time with other women
and not having time for me. [Judge Dana] Well, if he ain't
having sex with you, who's he having sex with -is the question, right?
-Right. And after a new baby you are--
you know, you are having this family. <i> You're building
your home together.</i> <i> This is the worst time to feel</i> <i> like someone is stepping
out on you, am I right?</i> -I'm right.
-[Malvo] Not true. Not true. [Judge Keith]<i> Not that there's
ever a good time but--</i> [Judge Dana] No. This is--
I see the teeth. [Malvo] That's not true. [Judge Dana] Are you hurt?
Are you angry? What are you feeling? I'm more angry than hurt. -[Judge Dana] Okay.
-Really just-- we just had a baby
and it just makes me feel like how would you do that
to your daughter? [Malvo] Not true. Because I love my family
very much, right, Your Honor. I work two jobs, night and day. I don't got time to see
my friends or do nothing. So the later time,
I might still a little late to hang with a friend. It just because I need
to hang out with a guy sometime, because I work Sunday to Sunday
no day off, straight two jobs, to provide for my family. So, I don't really no time
to hang out with the guys. [applause] So, the bottom line to this is you deny that you're cheating? [Malvo] I'm not cheating,
Your Honor. -No. But...
-[Judge Keith] This is just all her suspicion? She making up things
in her mind, -maybe she delusional.
-No. Because here's one thing. I've been on his social media,
and I've scrolled down. I just see this girl comment
like she put like some hearts. And so I'm like, "Who is this?" Like, you know,
maybe some people just comment to comment, but I wanna see maybe she got something
on her page. So I go to her page. I scrolled down, I keep looking, well I see this girl
she's in my room. -Man.
-With some lingerie on. -No. That's not true.
-[Judge Dana] Okay. Wait. -She's in your bedroom?
-[McCarty] Yes, -she's in our bedroom.
-So this is a picture of her -in lingerie in your apartment?
-Mm-hmm. [Judge Dana]
Not in your apartment. In their bedroom
of their apartment? -[McCarty] Right.
-First things first, there's nobody gonna post a lingerie picture on Instagram
for everybody to see -in somebody room.
-[McCarty] No. Okay. [Judge Dana] Okay.
Wait a minute. -No, because there's more.
-Hold it. Hold it. Let me just--
let me help you with that. That is absolutely untrue. [applause] Every single day
that we sit up here we get to see posts
on social media of people, not only in lingerie,
but straight nude. So let me just
dissuade you of that, that happens. Your Honor,
that girl who she talking about, that's a girl
who I used to talk to before I even met Kayla. So she was a long-time girl. No. Because listen,
there was another picture and she was with my dog. She was holding my dog. [Judge Dana]
Is she holding the dog -in your apartment?
-Yeah. Like it's hers. Look, there's the picture
right there. That's my dog
those are the red sheets -and everything.
-[Malvo] Your Honor... [indistinct chatter] [Judge Dana] All right. She took the picture
with the dog not with me. -So I didn't even know she--
-But that's your bed? -But that's your bed? So--
-Like I said, that's an old girl who I used to talk to.
So, and she knows that me and Kayla
was in a relationship, so she just trying
to cause problems that's why she post the picture. I didn't even see the picture. You know where
the problem started? When you brought her
to your bedroom. She wouldn't
have anything to post if she wasn't in your bedroom. [applause] But get this,
two weeks later I walked outside to my car, and I hear someone calling
my dog's name. Okay. [McCarty] I look up,
guess who it is. -Not?
-Yeah. -[Judge Keith] The same woman.
-Here she comes walking up with my dog-- talking to my dog. I go upstairs. I'm like,
you have a visitor. -See...
-Wait. She comes to the place. She's calling your dog. What did you say to her? Look, I didn't say anything
to her outside. -[Malvo] Man.
-I go inside. -[Judge Dana] Hold on.
-I let him know, "You have a visitor." I'm--
she's standing at the doorway. She's chatting,
saying that's her man. And I'm telling her, "Look,
I'm pregnant. That's my man. We've been together
for five years. And now, I'm having his baby." [Malvo] She coming--
she coming unannounced. I didn't even know
she was coming. I was in the room with her
and then she left to go outside for a second. And she come back telling me
I got a guest which I never even know
I got a guest. I bet you didn't. And so this woman, this guest
whose called your dog and now is there to see
your boyfriend tells you what? That that's her man and that
I am not in the picture. But when I tell her
I was pregnant she don't believe it. And what do you say
during this exchange? -[McCarty] He don't say nothing.
-[Malvo] No, I-- -He's just standing there.
-I was just lost. [McCarty] He was saying like
you need to leave to her, like you need to leave
because he know he caught -because she showed up.
-Yeah. Why is she showing up
in our house? She randomly showed up
in my house causing problem. She need to leave.
I don't want no more problem. [Judge Dana] Okay. You know
what, here's the problem. It's not that doggone random. We got pictures of her
in the bedroom. We got pictures of her
in the bedroom holding your dog. It's not random to her.
It's a thing. It's what she does. Now what she doesn't do is catch you there
with your girlfriend. [woman] Right. [Judge Dana] That's the problem. [applause] Ms. McCarty,
have you seen anything else that makes you think
he's cheating? [McCarty] Yes.
So, my friend Chloe here, she actually called me up
one night and she told me that--
well, she asked me first of all -what his social media name was.
-Okay. [McCarty] And I said--
and I told her, I let her know what it was.
And she sent me some videos. And I was--
and I saw the videos, and it was him having sex
with other women. [audience gasps] [McCarty] I have evidence
that I would like to turn in. -[Judge Keith] Okay.
-[Judge Dana] Ron? -Would you please get that item?
-Yes, Your Honor. Thank you, ma'am. Oh, boy. Ron, why do I not
wanna take this from you? -[Ron laughs]
-[audience laughs] [Judge Keith] Okay. Now, these
are videos you found that... -Oh.
-Oh. [audience laughs] -Okay.
-So... These are sex videos.
I mean that's... -[McCarty] Yes.
-[Judge Keith] These are videos -of people having sex.
-They are-- they are -clearly having sex.
-Up close. -Up close, personal.
-[Malvo] You know, my friend-- <i>my friend, my friend give me a--
telling me an opportunity</i> I could post some videos
on some media platform. So I had a lot of videos
stored up from long time before me and Kayla were dating. -No but those videos are recent.
-[Judge Keith] So, hold on, Ms. McCarty. So Mr. Malvo,
for the record you admit -that this is you in the video?
-[Malvo] Yes. -And this is you having sex...
-Yes. -...with these women?
-How old are these videos? -[Malvo] Like years ago.
-Like five, six years ago? -Yeah. A long time.
-[Judge Dana] So these are not-- this is not proof
that you are cheating currently? Yes, Your Honor.
I'm not cheating. This is not proof
that you are having sex -with women currently?
-[Malvo] It just old videos in my phone
that are stored up for years. I just used to try to make
some extra money. [Judge Keith] Ms. McCarty
that sounds reasonable. -No.
-[Judge Keith] I mean old videos -before he met you.
-[McCarty] But I can show you the evidence.
You could see the registry of one of the videos
and I recently bought him an Apple Watch
on December 20th of 2018. You see that watch
in the videos. [Malvo]<i> Your Honor,
it's not the same watch.</i> [Dana] It is the smart watch
you have on right now. No, but there was
no watch at all. Not the same one,
it's an old watch, Your Honor. She don't know
what she talking about. All right.
You have your witness here. -Yes, ma'am.
-[Judge Dana] Could you step to the podium and give us
your full name please. Chloe Kempf. Ms. Kempf, what is your
relationship to the plaintiff? Um, Kayla is my best friend. We've been friends for 10 years. We met in grade school. Um, I've kind of had
a front seat show of what's been going on
in this relationship the whole time. I've been her shoulder to cry on
and her spy at the same time. -[Judge Dana] Okay.
-And her spy? [McCarty] Oh, yeah.
She would pull up anytime. Look, I need you to go here
right now and make sure he's where
he's supposed to be. So, you've been keeping
your eyes on Mr. Malvo? -Yes, ma'am.
-[Judge Dana] All right. [Judge Keith] Do you think
he's cheating on her? -Yes.
-[Judge Keith] Okay. -Why do you think that?
-That's not true. [Chloe] Um, well-- [McCarty] Nothing's true, right?
Nothing's true. [Malvo] That's her best friend.
She will always have her back. [Judge Keith] Well, why do you
think he's cheating on her? Well, for one,
I found a social media profile. So that's the evidence
right there. Also... -I was making money.
-So, hold on. The videos that were--
that were submitted. -[Chloe] Mm-hmm.
-You found them? -[Chloe] Yes.
-[Judge Dana] Okay. I found the profile
and sent it to her. -[Judge Dana] Okay.
-Um, also, I work next door to his job and I've seen him
leave with women, get in cars with women. And it's not friendly,
it's sexual, they're kissing, they're hugging, they're rubbing
each other's backs -things like that.
-[Malvo] She's lying. -That's not true, Your Honor.
-[McCarty] But it's not true. All right. Thank you,
Ms. Kempf. You can have a seat. Okay. Where would
her best friend come up with all this stuff? Because it's her best friend.
They-- [Judge Dana] That's not
what best friends do. I have a best friend. She would never
unless there was a reason, call me and will say, "Your man is doing this.
I saw Judge Cutler doing this." She would not do that.
She wants the very best for me. She wants me to be happy. -That's what best friends do.
-[Malvo] Not true, Your Honor. -Not true.
-[Judge Dana] You don't agree? -That's--
-No. That's not true. She lying. [Judge Keith] Mr. Malvo. Can you come up with anything
other than, "You can get those sheets
anywhere. She's just making
all this up." I mean... Basically the "nuh-uh" response. Yeah. I mean, can you come up with anything? [Malvo] I can't come up
with anything. That's the truth. [Dana] You do understand
even though I was born at night, I wasn't born last night.
You understand that, right? [applause] That means
you can't pull it over me. I've been around this block. The block has actually
been around me. It doesn't-- it doesn't follow,
but I tell you what, what she showed me, what her friend
has talked about, that makes sense. [McCarty] See. Now,
you can't say I'm crazy. I'm not the only one
who thinks all of this. -[Malvo] No, no.
-[Judge Dana] No,
you're not crazy at all. [Judge Keith] You know what?
To get to the bottom of this, this court has done a full
and complete investigation. At this time the court will call
forensic cyber security expert, Gus Dimitrelos, to determine
is he cheating. Ron, please escort
Mr. Dimitrelos in. [cheering and applause] [dramatic music playing] How are you, sir? Hello, Your Honors. Good to see you. [Gus]
You too, Your Honor. Would you state your credentials
please for the court? Absolutely. I'm a certified
cyber expert and retired
Secret Service agent. Serving under two
Presidential administrations. I'm also lead instructor
and course developer for the State Department
Anti-Terrorism Program and have certified and trained hundreds of law enforcement
agencies around the world. [applause] You look nervous, Mr. Malvo. -No, I'm not nervous.
-[Judge Dana] All right. -Right.
-[Judge Keith] Tell us what you did to investigate
this case? I conducted a thorough
forensic examination on Mr. Malvo's cell phone. Did you find
anything suspicious? Yes, Your Honor. [Judge Dana] What did you find
that was interesting? [Dimitrelos] I found
in Mr. Malvo's note application. He created a note,
titled it "Smash List." [audience chatter] -[Judge Keith] Smash List?
-[Gus] Yes, Your Honor. [Judge Dana] All right. And in this Smash List, -he defines what a smash is.
-A smash is. [Judge Keith]<i> The action
of blanking someone good.</i> <i> Hittin' it.
Tappin' that.</i> <i> That's his definition
of a Smash List.</i> [Judge Dana]<i> So these
are the people he's done.</i> Yeah. And I don't see
any name on here that begins with an M in Michaela McCarty. I don't see that. [Judge Dana]<i>
All right. Mr. Malvo,</i> in your own words,
you have put out here these are the folks
I've smashed. Is this not true? Is this-- It's true, but that is
an old list so I'm trying to keep up
with the videos because as you said
I got a lot of videos. So I'm trying to break it down
and that's-- Everything's old to him. You know, Ms. McCarty, I am a new grandmother. So you just having this baby. <i> I got all kinds of--
I'm feeling all kinds of ways</i> <i> about this.</i> And even though
it's my daughter-in-law, if my son was doing
this kind of thing to her, it would-- it would kill me. It has taken everything in me
to stay on this side of the bench,
in this robe, because I wanna square up. I really do. [applause] Well, Mr. D,
what did you find regarding the numerous
sex videos of Mr. Malvo's
social media account? I uncovered
Mr. Malvo's testimony about the videos being old
as being inaccurate. One of the videos was created three months ago. Three months ago.
How old is your baby? Three months and three weeks. [audience reacts] Did you find any others? Your Honor, I did. A second video I uncovered
was created two weeks ago. [audience gasps] [Judge Keith] Two weeks ago? Tell me that's all
that you found? Please tell me. No, Your Honor.
The third video was created days ago. [Judge Dana] How many days ago? [Gus] Eleven. [Judge Dana] Eleven days ago? [Judge Keith]<i> Do you have
any of these videos?</i> [Gus]<i> I do, Your Honor.</i> And these are the videos
that you recovered from his phone? That's correct, Your Honor. And there are a lot
of videos on here. -I mean...
-[laughter] Uh... Congratulations? [Malvo] Those are--
those are old videos. [Judge Dana] You know what? This really... takes me there. She just had your baby
and this is what you're doing. <i>She's trying to raise your baby
and this is what you're doing.</i> And you have stood here,
over and over again, and said she's lying. It's old.
It's made up. [Judge Keith] Tell Ms. McCarty,
how many women that you're sleeping with? Right now, I ain't sleeping
with nobody but her, now. -[Judge Keith] What do you
call now?
-[Judge Dana] Oh, so 11 days ago [Judge Dana] Eleven-- What do you call now,
meaning today, I'm not talking about today
right at this moment. I asked you, how many women
have you been sleeping with and I'm saying in the last year. [chuckles] [Dana] That many, huh? [Malvo] Right, Your Honor. I really was making those videos
for-- as I said, my friend put me on to an opportunity. All I was doing
was making more content. Ms. McCarty, tell me why you have these tears
standing in your eyes? I really don't have
anything to say to him. I'm just-- I'm over it.
I'm done. [Judge Dana]
The evidence is here. There's no reason to go
any further. You've admitted it. You put it out here. Go out.
Get the counseling. And as we say
in this court room, do not cheat yourself
out of an opportunity to have a happy, healthy, truth-filled relationship. Court is adjourned. [applause] [dramatic music playing]
