neighbor lied about harrassment

[elirivera]

Hi, I hope somone can really help me as I am not sure what is valid in court.
I will make this as short as possible. The woman that lives below lied to police and said that I exposed my private parts to her and her 15yr old son. She didn't make this complaint until May 13th despite the fact the police report says it happend on April 23rd. Between these two dates the police had been to my apt several times because she would call them to complain about the noise. Its obvious this woman wants me out. Is it correct for the police to arrest me despite that they had been to both of our apartments between this dates for noise complaints? Its not like she forgot to tell them all the times they would come over about the noise, and then suddenly on May 13th when I took the day off and my fiance is at work suddenly remember that I flashed her and her son. Secondly, she stated that this happened at about 3:00pm.(I'm sure she picked this time since her son would be out of school). On April 23rd I have video of myself at work until 5pm, and with commute I usually get home shortly after 6pm. My Fiance always beats me home from work. I can easily burn a copy and bring to court, but how can I make sure that this copy I will make of the video is valid in court? I want the court to without a doubt look at this video and know this woman is lying. The reason I am unsure is because I am able to burn a copy of that day without telling any of my supervisors, and I would really prefer not to tell any of them because even being accused of something like this can damage my career. By the way I work in retail and I am the store manager. Last but not least, what actions can I take against her when I am proven innocent without a lawyer? My court date is June 11th. I don't want any money I just want her to stay away and to be protected against future lies. I am looking for another place to live but I am in a two year lease. Thank you

 

[CdwJava]

You can always TRY to get it admitted, but if the court declines or the other party objects, then you will have to have the video authenticated to use it. This authentication will have to be done in a form consistent with the evidence laws of your un-named state. This might be accomplished by having a supervisor who manages the machines making the video and presenting it court ... hard to say.

If you have an attorney, he can always issue a subpoena for the video in question and the person in charge would have to present it at court as above ... though they would probably ask you why you need it.

- Carl

 

[elirivera]

I appreciate the advice Carl. Im in NYC. Can anyone help with the other two questions? Thanks

 

[CdwJava]

I appreciate the advice Carl. Im in NYC. Can anyone help with the other two questions? Thanks

These two?

Is it correct for the police to arrest me despite that they had been to both of our apartments between this dates for noise complaints?

The question is not if it is "correct" but if it is lawful. They aren't dealing with all the prior complaints, only with the complaint before them. If they are permitted or required by law (perhaps due to a citizen's arrest) to make such an arrest, then they can. Whether it is "correct" or not is a judgment question.

what actions can I take against her when I am proven innocent without a lawyer?

If you have proof that she intentionally and knowingly made false statements to the police you can ask the police to investigate for possible criminal charges, or you can hire an attorney to sue her for false arrest. Being in error about a particular day is not - by itself - going to be sufficient to show that she lied. She could say she THOUGHT it was that date but maybe it was another one. Proving a negative is a difficult thing. I doubt the state would prosecute her unless she admitted to making the whole thing up. And suing her? Well, does she have enough money to make such a suit worthwhile?

- Carl

 

[elirivera]

Thanks Carl! She doesn't have any money. The problem is she is always home doing nothing. Can you believe as I was posting this just a couple of hours ago, the police came to my door now claiming that my fiance shoved her and cursed her out in the hallway. We both went to CVS, and she looks out the window to see when we are coming back up. Luckily the two officers that arrived were the same ones that drove me to central booking wednesday night. They said that we should just stay clear of her. This is exactly what we have been doing. We went to the precinct and told them the situation. They told us using our video function on our phones every time we enter and leave the building is a good idea. The hallway in our building has a video camera installed. I asked them if I get a copy in the morning and bring it to them to prove that she lied about my fiance pushing her, what will happen the lady downstairs? They told me nothing, and they also told me that lying is not harrassment. Unfortunatly I am realizing very fast that this lady can continue to lie about anything and that cops will come, and I if we don't have our cameras rolling, one of us just might get locked up.
We have decided to ask/demand our management company move us to another building. Unfortunatly we cannot find the lease. I will look for apartments once I am done writing this. In case the management company says they can't relocate us, can they sue us for an entire years rent or just 1/2 months rent?- (I don't care about the 1-2 months rent) Either way I know I must move or my fiance and/or I will end up atleast in jail for a night. Once again thanks for all the good advice!