Hello and welcome back.
Let's bring out our next case today
with a quote by Swiss philosopher
Henri-Frederic Amiel.
"Mutual respect implies discretion...
safeguarding intimacy as well as those whose life we share."
That's a very interesting quote.
Mutual respect...
Bring out the litigants, please.
Social media can be used for good,
but not when older people use it for stupid stuff.
The Internet is for older folks too.
God created naked cherubs, so why can't I post about mine?
Hello and welcome.
Josue, you're suing Blanca, your mother.
-Is that correct? -Yes.
Why are you suing her and what do your request
in order to settle this case?
How old are you, by the way?
Good afternoon, ma'am.
I'm here to sue this woman, my mother.
I'm your mother.
-How old are you? -I'm 18.
Great.
I want $10,000 for emotional damages
and custody of my 13-year-old brother.
Custody of your 13-year-old brother?
Yes.
So you want $10,000 in damages
and custody of your 13-year-old brother.
Please present your case.
Everything started when I was 12 years old.
Like any kid my age at that time
when social media exploded,
and since I wasn't old enough,
I used my mom's email address to open an account.
So I'm just on there playing around with my friends,
when she started showing interest.
That was fine.
The more connected to family we are,
the more we are connected to everyone
and the more we know everything, and that's great.
So one day I was on Facebook looking at my friends' posts.
I saw that my mom posted a picture of me.
She always posted pictures of me of when I was a kid,
but this time, she went too far.
She posted a picture of me naked in the bathroom.
When I saw a picture of me naked...
I was practically exposed...
How old were you in that picture?
About one or two years old.
He was still a baby.
One or two years old. Okay.
So after that, people at school that I didn't even know
started coming up to me and showing me the picture
and asking if it was me.
Imagine, people who I don't even know
coming up to me and showing me my baby picture,
which is very personal.
Of course.
Did you bring any examples of your mother's posts?
Yes, I brought pictures that,
out of all the pictures she posts,
they're the least inappropriate.
They're the cutest one.
Let's take a look, please.
You look so handsome.
I understand what you're saying.
You look like an angel!
I mean...
Look!
This is the picture my friends showed me.
You've grown up though.
These are pictures of you that other people are using
to make fun of...
That's what people do.
They take pictures and put them out of context.
That's why you need to be careful
with the pictures you post.
Exactly. Yes.
Imagine what it was like to see those pictures,
how embarrassing it was.
A lot of things in my life
have been terrible because of that.
You have think about how every single person is different.
Some people don't care for this kind of exhibitionism.
They like it and think it's fun.
It is.
But some people don't.
Some people think all this exhibitionism
is an invasion of their privacy, their personal life,
and their identity.
He's not the little boy in the pictures you posted anymore.
He's a man now who's going through things in life.
It bothers him.
They're cute pictures though.
He's my baby boy, my angel.
How could I not take a picture of him?
He's beautiful.
Ma'am, I can explain. He's exaggerating.
I mean, how can he sue me for so much money?
Where am I going to get that money from?
Another thing, I used to take pictures of him...
I'd put powder on him to protect his skin.
His tush was so pink. How could I not take pictures?
The problem isn't you taking pictures.
The problem is that you post them online.
We have Internet now. We have to make use of it.
We didn't have Internet when I was young...
Ma'am...
She's turning everything around.
Everything I'm saying to her, she's turning it around.
In my youth, everything was black and white.
Now I'm taking advantage.
I look thinner and more beautiful.
Yes, I want to see Now Ihow he's changedage.
from when he was a baby to now that he's grown up.
Naked pictures?
He's well endowed, so why not photograph it?
They're not pictures of me reading a book
or on a bike.
I was showering one day,
and she opened the door and took a picture of me.
Her excuse was that she wanted to see how much I've grown.
Can you imagine that?
You're showering, in private...
Ma'am, I have another son...
Bring out the defendant's first witness, please.
I have 13-year-old son who's cute and chubby.
I take pictures of him too,
so I don't understand why he's so upset.
Ma'am, naked though?
I'm thinking about his future. I'll tell you why.
I want him to have a good future.
What does that have to do with anything?
Because I found him a nice girlfriend.
Through the Internet?
Yes, and she has money. She's going to support him.
I won't have to worry about him.
That's why the naked pictures.
Who wants for their son to be supported by someone else?
I want my children to support themselves,
to be self-sufficient, independent,
sovereign and autonomous.
Who wants...?
I don't understand... what's wrong with people today.
Hello, sir. What is your name?
Hello, ma'am. My name is Osvaldo.
I'm Josue's father.
Oh! You're Blanca's husband?
Yes, I'm her husband.
So what do you think about this?
I think my son is wrong for trying to sue his mother.
We've given him a lot of love.
His mom posted those pictures because she loves him a lot.
Osvaldo, it bothers him though. It affects him.
It causes him problems.
If he's asking her nicely,
"Mom, please don't post baby pictures of me,"
why not grant his request?
It's not an unreasonable request.
Because we're proud of him.
We lost a child... and that's why we spoil him.
That's not spoiling me.
That's why his mom overprotects him.
He's not suing you, you know that?
Why not? You don't post pictures, right?
Because I work all day.
So you don't have time to be doing that nonsense.
I don't have time for Facebook.
Has he ever had any problems with you because of a picture?
Yes, because everything bothers him.
My wife posted a picture of me giving him a kiss
and even that embarrasses him.
It's not like he kissed me on the cheek.
My family kisses on the lips.
My mom posted this picture and didn't provide any context.
She didn't give a description about who or what.
She just posted it and wrote, "Look at him kissing."
So anyone could think that you're gay.
Yes, that's happened too.
Not only do they make memes at school,
they'll ask me, "Are you gay?"
Because you're kissing a man who's your father.
Exactly.
It's just a kiss.
Listen to me, sir.
People don't know you're his father.
Besides, people will wonder
why a father kisses his son on the lips.
If this is what you do as a family, why do you have to...
-I don't get it. -That's what I'm saying.
Bring out the plaintiff's first witness, please.
If it bothers my son
when people say he's small down there,
why not show them he's big down there?
Listen to what this woman is saying.
This is ridiculous and insane.
It seems as if the only mature person here
is the 18-year-old son
and the parents are completely out of context.
That's the only thing that makes sense.
Good afternoon. What is your name?
Good afternoon. My name is Isabel.
His mom is a witch.
-Who are you? -His girlfriend.
She's the one you had the problem with?
Yeah.
So he was trying to look for a job,
but he couldn't find one
because he was getting bullied on social media.
They'd say stuff like, "You're gay."
They'd tell me, "Why are you dating a gay guy?
Why do you allow that?"
I had to get a job because his mom buys him everything.
She wants to dress him like a little boy,
but he wants to dress differently.
I had to buy him clothes and shoes.
I was supporting him.
I was going to school, but I had to quit
so I could support both of us.
My son tried to commit suicide because of you.
It wasn't my fault. It's your fault.
Excuse me.
They're trying to keep him in a bubble.
They won't let him breathe or go out...
It's wrong.
It's wrong.
One day my son came home very depressed.
He didn't even want to eat.
He said, "My girlfriend dumped me."
So I said, "So what? Good riddance."
She doesn't go to school or work or do anything.
She wants my son to support her.
That's not true.
Are you working right now?
Yes, I am.
Okay.
I work at a clothing store.
She only works a part-time.
Bring out the defendant's next witness, please.
I wouldn't mind working just a couple of hours too.
That's not true.
-You're a kept woman. -Why is she here?
Now this is the right woman for my son.
Hello, ma'am.
She's the right woman for your son?
Good afternoon. What is your name?
Maria.
We're going to take a short break, Maria.
I met her through a friend of a friend of a friend on Facebook.
A friend of a friend of a friend.
Yes.
I saw the pictures of her son.
I fell completely in love with him.
-She likes me. -I do.
He likes me too.
How old are you, Maria?
I'm 60.
60?
But I feel like I'm 15.
He's 18, so I'm only 42 years his senior.
Oh! That's nothing!
He doesn't have to work or go to school.
I'll provide for him.
Yes, he'll have it easy.
I'm widowed. I have money.
Have you gone out with him yet?
I just need some collagen injections.
I understand.
Have you gone out with him yet?
I've gone to his house. She's had me over for dinner.
He's very nice to me.
He's saying things about me here,
but he's not like that at home.
You're not like that at home?
That's not true, ma'am.
Let me explain.
I'll be with him on the sofa watching TV.
She doesn't even want me in his room anymore.
Of course not. I don't like you.
So this witch comes in and sits right smack in the middle.
She causes problems between us.
They bully me.
This little girl is clueless.
She could be my grandmother, for Pete's sake!
Bring out the plaintiff's next witness.
Ma'am, I told him to stop thinking about her age.
An older woman is an experienced woman.
I disagree.
-Is he your witness? -Yes.
-Is he your brother? -Yes.
See how chubby and cute he is?
Do I have your authorization to have him out here?
Yes.
Yes?
Yes, of course. My baby is so cute!
He joins his brother and gangs up on me.
How are you?
Do you speak Spanish well?
Yes.
What is your name?
Dilan Bautista.
Dilan, what do you think about this whole situation?
I think it's wrong.
She's always taking pictures of me
when I'm doing homework or I'm with my friends.
Because you're cute and chubby.
But you're always taking pictures of me.
Does she post them online?
Yeah.
Does it bother you that she doe this?
Yes, because I'm getting bullied at school.
They say my brother is small down there.
Tell them you're bigger than your brother down there.
It's not right though.
Listen to what she's saying, ma'am.
Yes, I know.
Your mom is talking nonsense. Pure nonsense!
Stand next to your brother's girlfriend, please.
She's the right choice for him.
No, his real girlfriend.
I did an Adam and Eve photo shoot for him.
I covered him with a leaf and took pictures.
Ma'am, let me tell you something.
You need to be more careful.
Those pictures could be considered inappropriate.
I'm sending them to certain people only, like her...
Please bring out Dr. Geysha Menendez,
Mr. Ahmed Cruz, a technology and social media expert.
Is Det. Peñate back there?
Find out who's back there.
Good afternoon.
Mr. Cruz, this is my question.
If a minor wants to close his Facebook account,
which was originally created by his mother,
can he do that?
Anyone younger than 13 years old
cannot create a Facebook account.
Even if their parents do it for them?
Correct.
But it happens.
Because they lie about the birth date
or they use their parent's email address.
Legally, they can't though.
Once they're 13 and can create an account,
they can close it on their own as well.
Can a child object to pictures
that his parents are posting on Facebook?
There's an FTC act from 1998
that protects children's privacy on the Internet.
Basically, until the age of 18,
parents have the right to decide
what information or pictures of their children
can be posted online.
Once a child turns 18, he or she can notify Facebook
via an online form
to request that they delete these pictures.
Would Facebook do something?
I mean, this involve minors.
She thinks this is something trivial,
that the consequences aren't serious,
that she's doing it out of affection...
because she loves him.
This kind of mentality,
is it normal for a mature and rational person?
It's very concerning, ma'am.
For starters, she's not respecting her son's wishes.
She's not seeing him as an adult.
She's ignoring the negative impact this has on him.
She's basically rationalizing her actions
and is minimizing the effects
because she sees her son as a baby.
He's her baby boy.
It's completely distorted
and it's affecting her son's emotional state
as well as other areas of his life.
She can't see that.
They're my pictures and you're my sons,
so I'm not deleting them.
They're not of your possession, ma'am.
Detective, let's talk about the naked pictures.
Yes.
There used to be a time when we'd go to a place
to get our pictures printed.
That was back when there wasn't as much malice
because it wasn't as easily spread.
Malice did exist.
We just didn't have a lot of access
to acting out on that malice.
Let's be honest.
People took naked pictures of their kids all the time.
Yes, we have several cases like that in Hialeah.
The law changed though,
and now people know that doing this is inappropriate.
What are the possible consequences
of her taking naked pictures of him
while he's in the shower?
Even though they don't have a sexual intention,
there could be serious consequences.
The worst part about this
is that a pedophile could capture those images
and start trading them.
Absolutely, and sell those naked pictures of her sons
to other sickos.
Yes.
With all due respect, sir, but you're very attractive.
I'd post a picture of you too. What's wrong with that?
Ma'am...
You're not well. I'm sorry.
You're not...
You don't know when to stop.
Listen to what I'm going to tell you.
And you know what? This is the point.
I always say that children don't have any privacy
because their parents are their guides, their guardians
and they protect them, but you have a respect problem.
You're just flat-out disrespectful.
The comment you just made to Det. Peñate shows me
that you don't know what respect is.
What you said, what you've done to your son
and what you're doing to your youngest one
is inappropriate.
What you said to Det. Peñate is completely disrespectful.
That tells me that you have a problem,
and you need to reel it in.
You need help learning about respect.
If you don't, it will bring serious consequences
to your sons and to yourself.
Listen to what I'm telling you,
because that's the problem here.
Your complete disrespect.
Your son asked you nicely to stop posting pictures,
yet you ignore him as if he were some idiot.
He's no idiot,
and he has the right to demand the respect
that you're not showing him.
Parents need to show their children mutual respect.
They don't have to respect you
just because you're their parent.
In order to get respect, you have to respect your children.
So be careful with what you post on Facebook.
I grant you the $10,000.
I can't grant you custody of your brother, though.
I think it's too much
for you to take on that responsibility at 18.
It's your parent's responsibility.
That's my ruling.
That's final. Case closed.
Be kind...
Stop continuing to be disrespectful.
Be careful, get educated,
respect others so others respect you,
and may God help us!
See you next time. Thanks!
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