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In this situation would you...

  Author:  2335  Category:(Discussion) Created:(4/11/2010 2:30:00 AM)
This post has been Viewed (1878 times)

It's been a very long time since I last posted here, and this may very well be the last. What I am about to tell you will be disturbing, or at least it will be to the people who actually read it. I know you people don't like to read long posts, but I'm going to make it as long as possible, considering you probably aren't even reading this line right now. Are you? Alright now we'll get to the fun part.

I live with a female roommate and she has a total of two children, though according to the census she has about 2.5. That aside, she has a serious problem which has become my problem. We have a hard time keeping our apartment clean, and though some of that is our fault, most of it has to do with the fact that her ex husband decided to leave almost all of his belongings here. We do not have space for our own things, such as clothes, electronics, DVD's, and even the children's clothes. We cannot use any of the things he left, such as dressers, tables, etc, because he says he'll be coming to get them any day. I know what you're thinking! You're thinking that we should just throw his stuff away! That would be a great idea, except for the fact that he somehow managed to get a restraining order stating that we cannot do anything with his belongings. If we attempt to remove them, we'll both be arrested. I didn't even know there was a law to back that up, but apparently so.

The ex knows that the apartment is cluttered, and he waited until it was at it's worst. When it was, he dropped the kids off, and called the police on his way back to his car. I was the only one home at the time, and therefore I was the one that had to deal with the police. Keep in mind that my rabbit had escaped and decided to make doo doo on the floor, and if you have ever owned a rabbit, you know that they can make a huge mess in a short amount of time. The police showed up, and stupid me let them in because I forgot they needed a warrant. They demanded to know why the apartment was a mess, and I explained that my roommate doesn't get a chance to help because she works all the time.

One thing to keep in mind is that the police were writing no notes during their 'investigation', and in their report they recorded that I said: "I try to keep it clean but my roommate doesn't help me." This was an outright lie, but they also said there was trash and rabbit poop in the children's room. They never actually entered that room, and they weren't writing anything down, so I'm not sure where they were getting any of this.

Fortunately my roommate was not arrested that night, though the report claims that she WAS arrested. Due to that report, the local paper ran it's own piece about my roommate's arrest and incarceration, which never actually happened. There were a number of things that occurred following this incident. The most notable is that a guardian ad litem (GAL) was called in to assess the situation. After speaking to my roommate for a few minutes, she not only came to the conclusion that roommate was mentally unstable and should be institutionalized, but also that the house was unsanitary. Keep in mind that we cleaned the house, and that it was spotless enough to pass the state health inspection the previous week. This probably has nothing to do with the fact that my roommate's ex husband's parents work for Boeing, want the kids, and have unlimited resources.

The trial date is set for the 20th, and her lawyer believes that he can get the child endangerment charges dropped. If he fails, my roommate will go to prison, and I'll be on the street with two rabbits. There is one snag however, and the snag is that I've been called to testify against my roommate, who is my best friend. I have a choice to make. I can either go along with the prosecution and save myself, or I can fall on my own sword and tell the truth. I can tell them that the police filed a false report, that the GAL made biased claims, and that the entire system is a joke(not exactly in those words). There is a strong chance that I will be charged with purgury if I tell the truth, but if I do not, then my roommate faces jail time. This is not an easy choice, but I plan to make the right one, no matter what it costs me.

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Replies:      
Date: 4/11/2010 3:32:00 AM  From Authorid: 49101    I read your post in its' entirety, and I want to help you. I have to go to work right now, but I will be back this afternoon. Hopefully, you will be too!  
Date: 4/11/2010 5:37:00 AM  From Authorid: 26303    What a horrible thing to happen. Sounds like a set up to me. You do whatever you feels right. Will be thinking of you. Good luck!  
Date: 4/11/2010 6:22:00 AM  From Authorid: 25390    Danielpoo.......This is definitely a tough one, but what I read into it is that your roommate's ex-husband is setting her up to fail at no fault of her own. I know you have a tough decision, but do what you think feels right. I would personally defend my roommate. You are the closest person to her, you know exactly what happened, and it is ridiculous that the prosecution would have you testify against her. You are not required to do so.

The facts are: the police did not have a warrant to search, they waited to file their report thus misquoting you and filing false report, and like you said, the GAL made biased claims. I really think you have a lot of leg to stand on here. You and your roommate both complied by cleaning up the house and doing what you were asked.

Is the house in the ex-husband's name as well? This may be also the time to require him to move his belongings out as he is not living in the home. Hey, fight fire with fire.

I know it's a tough decision you have to make, but I've known you to make good reasonable ones. Just follow your reasoning and your gut.

  
Date: 4/11/2010 1:09:00 PM  From Authorid: 4144    the post wasn't really that long. anyway.....am i to assume your roommate has a copy of this order that says the ex can leave his crap there as long as he wants? if not, it is on file so it's time to get one. also take pictures of everything that belongs to the ex. and make a list of everything that belongs to the ex right down to the last sock.
i really don't see how a person can be forced to store another persons things unless it's his house. if not it's time to see someone about getting his crap outta there and then clean the mess up.
i know from a lifetime of experience with my own mom that you can't really have cluttered and clean.
  
Date: 4/11/2010 2:00:00 PM  From Authorid: 26649    well when it comes to it i think u will know what to do.. I think its unfair what happened to both you guys.. Espically the husband trying to have his own wife arrested  
Date: 4/11/2010 2:16:00 PM  From Authorid: 21435    Sounds like her ex-husband found a way to get to her. Sad, but that happens a lot. Nasty divorces, no love lost, and so on. Hopefully, her attorney will be able to prove that the children have not suffered while living with her and that the ex-husband is conspiring against her. Whatever you do, don't get caught up in a lie, `cause if the courts get you for perjury, that won't do anyone any good. Best wishes.  
Date: 4/11/2010 4:08:00 PM  From Authorid: 42945    I'm sorry that this is happening to you both but tell the truth is what I would do..You have been given some good advice here and it might be a good idea to take photos etc..good luck to you both..  
Date: 4/11/2010 4:13:00 PM  From Authorid: 27414    You need to at least talk to an attorney. They can tell you if you have a case or not.  
Date: 4/11/2010 5:20:00 PM  ( From Author ) From Authorid: 2335    Pianoman: You do realize that in the post I made I said we had a lawyer.  
Date: 4/11/2010 10:15:00 PM  From Authorid: 28848    Stick by your friend. It sounds like she needs all the friends she can get at the moment. I wish you luck with everything.  
Date: 4/11/2010 10:24:00 PM  From Authorid: 42519    The fact his stuff is in your house, on your property, you ought to have every right to do whatever you want on your property, even if he was the landlord, landlord tennant laws are still in play if it is his house or hers. If there is a "restraining order" against you for his stuff, then you should have a set distance of his stuff from you, not his stuff with you. Have your attorny fully investigate both the tennant laws and the restraining order, then if its possible see if you could get recompense for storage space. If you get all his stuff and can fit it in a 10X5 or a 10X10 storage unit, call every single storage facility and get a hard copy quote and possibly get payments for you to rent out your space from him. As far as I can see, you are the "landlord" of a storage facility, and you can't do anything about his belongings as a "tennant" as long as he is paying you for the space he is leasing. If it is a huge amount, maybe he will try to drop any pending charges against you. Look into everything... The custody agreements, his "restraining order", look into storage units, everything. If your lawyer is any good, any thinking human would see that this is just going wront in directions that shouldn't even exist. Good luck to you.  
Date: 4/11/2010 10:29:00 PM  ( From Author ) From Authorid: 2335    There is an actual restraining order, I've seen it. I can't believe it, but I have seen it and that's what it says. We can't even move the crap to a storage unit.  
Date: 4/11/2010 10:31:00 PM  From Authorid: 7341    What a horrible situation!!! I have no idea what kind of legal advice to offer in this situation, but I wish you guys the best of luck!!!  
Date: 4/12/2010 6:25:00 AM  From Authorid: 15228    That is beyond ridiculous that his stuff can't be removed. I assume he is living somewhere?? Why can't he take his crap? Anyway, I doubt it will come to you being charged with purgery. Tell them the truth on the stand, don't get defensive. Make sure they know that his junk is in the house and wonder why he would want to leave it if the place was so trashed.  
Date: 4/12/2010 11:19:00 AM  From Authorid: 16671    You have been told you can not move his stuff, well don't move it. Move out of the apartment to another one then you will not have clutter and you will not have moved his stuff. You lawyer doesn't sound like a good one. And on the stand yes you need to tell them what you really said not what they want you to say. Make sure you have the state health inspection approval with you when you go to court. Is your room mate unstable or does the ex's parents have everyone in their pocket?  
Date: 4/12/2010 8:50:00 PM  From Authorid: 11240    1. The whole "storage" situation sounds very odd. Is the ex paying for her rent? Is there a corner in the apartment somewhere where all his stuff can be stacked and covered up and left alone?

2. Prosecutors presume police officers are telling the truth. You will not help your credibility by trying to dispute their account. Put your own spin on what they claim to have seen: yes, your roommate doesn't help much with housework because she is working most of the time, and yes, the rabbits doo dooed when they got loose which is not a commom occurrence.

3. Speaking of the rabbits, sorry but I have to say this: Indoor? Pet? Is there anywhere they could be kept outside?

4. Is this roommate something more than a "roommate"?

5. Is the roommate pregnant (2.5 kids?) ? If so, by whom? Also, if she is, her lawyer should point out the emotional swings pregnant women go through which probably reflected the stress, and perhaps chaotic behavior, in the interview with the GAL.

6. Did the lawyer suggest a P.I. watch the ex and see if his behavior is stellar?

7. We all know the system can be stacked, and I am sorry if that is what is happening, but lashing out against that will not go over well. Composure scores points.

God Bless.
  
Date: 4/13/2010 7:35:00 AM  From Authorid: 64095    I am really sorry to hear about your situation. I dont have any kind of advice but to tell the truth. I hope it works out well for all of you.  
Date: 6/14/2011 5:11:00 PM  From Authorid: 58078    Ok its a year later...what happened???? oh and I would of moved and left all the exes stuff there. LOL...as for testifying against her, thats a tough one..but then again you can't lie but they want you too. Obviously you aren't in jail so what happened?  
Date: 6/15/2011 1:06:00 AM  ( From Author ) From Authorid: 2335    Oh, I was actually able to bribe the ex with a heft $700 to drop his case, but his emotionally imbalanced self burned our apartment down and we moved to the next city over where she inexplicably became the pregnant girlfriend of a navy seal. They lived happily eer after and now I roam the country in a van.  

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