5.Sheila Jelonek — Direct
390 linesMS. HAJJAR: Thank you. The government calls Sheila Jelonek.
COURT CLERK: Please raise your right hand.
(The witness is duly sworn/affirmed by clerk.)
COURT CLERK: Please have a seat and please state and spell your full name for the record.
SHEILA JELONEK: Sheila Jelonek, S-H-E-I-L-A, J-E-L-O-N-E-K.
THE COURT: You may inquire.
MS. HAJJAR: Thank you, Your Honor.
(Continued on next page.)
DIRECT EXAMINATION BY MS. HAJJAR:
MS. HAJJAR: Good afternoon, Ms. Jelonek.
MS. HAJJAR: Where do you currently live?
SHEILA JELONEK: South Florida, Palm Beach, West Palm Beach.
MS. HAJJAR: And what do you do for work?
SHEILA JELONEK: I'm a leasing agent at an apartment complex.
MS. HAJJAR: What did you do before that?
SHEILA JELONEK: Writer.
MS. HAJJAR: How long have you lived in Florida?
SHEILA JELONEK: Just since the end of last year.
MS. HAJJAR: Where did you live before that?
SHEILA JELONEK: In Clifton Park, New York.
MS. HAJJAR: And do you own property in Clifton Park, New York?
SHEILA JELONEK: I do. I own two condominiums.
MS. HAJJAR: Is one -- is one of those condominiums at 120 Victory Way?
SHEILA JELONEK: Yes, it is.
MS. HAJJAR: Can you describe that property to the jury, please?
SHEILA JELONEK: It's a two bedroom, one bath on the first floor. It's about 900 square feet in the development of Knox Woods.
MS. HAJJAR: How long have you owned 120 Victory Way?
SHEILA JELONEK: Since 2003.
MS. HAJJAR: Ms. Jelonek, I'm going to show you what's in evidence as Government Exhibit 147?
THE COURT: It's on the screen right by you.
SHEILA JELONEK: Yes.
MS. HAJJAR: Can you see that?
SHEILA JELONEK: Yes.
MS. HAJJAR: Do you recognize what's depicted in this photograph?
SHEILA JELONEK: Yes.
MS. HAJJAR: What is it?
SHEILA JELONEK: That's 120 Victory Way, my condominium.
MS. HAJJAR: And showing you what's in evidence as Government Exhibit 148. Do you recognize what this depicts?
SHEILA JELONEK: Yes, that's the front door. 120 Victory Way.
MS. HAJJAR: Have you rented 120 Victory Way?
SHEILA JELONEK: Yes.
MS. HAJJAR: When did you start renting it?
SHEILA JELONEK: 2007.
MS. HAJJAR: And directing your attention to 2011, were you contacted by a woman who was interested in renting 120 Victory Way?
SHEILA JELONEK: Yes.
MS. HAJJAR: Can you explain to the jury how that happened?
SHEILA JELONEK: Advertised on Craig's List. She came to see it. The tenant I was renting to at the time was still living there. So it was full of furniture, it looked very nice. They worked at Rent-A-Center so they had great furniture and she really liked it, the way it looked, and she wanted to rent it.
MS. HAJJAR: How did the woman identify herself?
SHEILA JELONEK: Her name was Kathleen O'Sullivan.
MS. HAJJAR: What did the woman look like?
SHEILA JELONEK: She had long blond hair, very long blond hair. She was petite.
MS. HAJJAR: Ms. Jelonek, I'm going to show you what's in evidence as Government's Exhibit 148. Do you recognize the woman in this photograph?
SHEILA JELONEK: Yes.
MS. HAJJAR: And who do you know her as?
SHEILA JELONEK: Kathleen O'Sullivan.
MS. HAJJAR: Did you ever ask for identification from this woman?
SHEILA JELONEK: No, I did not.
MS. HAJJAR: Did you eventually enter into a lease with her with respect to 120 Victory?
SHEILA JELONEK: Yes.
MS. HAJJAR: Did you ask her for references for employment verification?
SHEILA JELONEK: I did but she didn't work. She said that she had been married and her husband died. She had a lot of money and so she was just going to pay for the condominium, the rent up front for a year.
MS. HAJJAR: Did she tell you how she was going to pay you up front for a year?
SHEILA JELONEK: She didn't, no. She just said she could pay up front for a year so she didn't have an employer. She just said she had received a lot of money after her husband died so she could pay for it that way.
MS. HAJJAR: Did you take any other steps to verify her identity prior to entering into a lease with her?
MS. HAJJAR: At any point, did this woman give you a phone number?
SHEILA JELONEK: Yes.
MS. HAJJAR: And did you enter it into your phone?
SHEILA JELONEK: I did.
MS. HAJJAR: Your Honor, if I can show the witness something that's been marked for identification only.
THE COURT: Go ahead.
MS. HAJJAR: Ms. Jelonek, I'm showing you what's been marked for identification as Government Exhibit 1199-A. Do you recognize this photograph?
SHEILA JELONEK: Yes.
MS. HAJJAR: What is it?
SHEILA JELONEK: That's my phone with her number.
MS. HAJJAR: Your Honor, the government offers Government Exhibit 1199-A into evidence.
MR. AGNIFILO: No objection.
THE COURT: All right. Government Exhibit 1199 is receive -- A?
MS. HAJJAR: Yes. 1199-A.
THE COURT: 1199-A is received in evidence.
MS. HAJJAR: Thank you, Your Honor.
(So marked.)
THE COURT: Go ahead.
MS. HAJJAR: Ms. Jelonek, is this a photograph of your phone?
SHEILA JELONEK: Yes.
MS. HAJJAR: And is this -- can you read the mobile number associated with the woman that you rented 120 Victory Way to?
SHEILA JELONEK: 518-859-5004.
MS. HAJJAR: Did you continue to contact the woman on this phone number?
SHEILA JELONEK: Yes.
MS. HAJJAR: Now, I want to show you what's in evidence as Government Exhibit 361. I'll show you the front page of it.
Have you ever seen this document before?
MS. HAJJAR: I'm going to turn to item 604 in this document. Do you see that item number 604 here?
SHEILA JELONEK: Yes. Yes.
MS. HAJJAR: Can you just read the phone number that's next to this item?
SHEILA JELONEK: 518-859-5004.
MS. HAJJAR: Now, what happened after you initially met the woman interested in renting out 120 Victory Way?
SHEILA JELONEK: Then we met again to sign the lease and for her to pay for the rent.
MS. HAJJAR: And did you enter into a written lease agreement with her?
SHEILA JELONEK: Yes.
MS. HAJJAR: Was the lease renewed?
SHEILA JELONEK: Yes.
MS. HAJJAR: For how many years?
SHEILA JELONEK: Seven.
MS. HAJJAR: Your Honor, I'm going to show something to the witness for identification only.
THE COURT: Go ahead.
MS. HAJJAR: Ms. Jelonek, I'm showing you what's been marked for identification as Government Exhibit 1101. It's a number of pages.
Do you recognize this exhibit?
SHEILA JELONEK: Yes.
MS. HAJJAR: And what is this?
SHEILA JELONEK: Those are leases.
MS. HAJJAR: Are they the leases between you and the woman who identified herself as Kathy O'Sullivan?
SHEILA JELONEK: Yes.
MS. HAJJAR: Your Honor, the government offers Government Exhibit 1101 into evidence.
MR. AGNIFILO: No objection.
THE COURT: All right. Government Exhibit 1101 is received in evidence.
(So marked.)
MS. HAJJAR: Ms. Jelonek, I just want to direct your attention to the first rental lease agreement, that's the first page of Government Exhibit 1101.
When was this lease made? Can you read the first date at the top?
SHEILA JELONEK: June 28, 2011.
MS. HAJJAR: And is that your name and your handwriting, Sheila Jelonek?
SHEILA JELONEK: Yes.
MS. HAJJAR: And this is between you and Kathy O'Sullivan with respect to 120 Victory Way?
SHEILA JELONEK: Yes.
MS. HAJJAR: How long was the term of this rental lease agreement?
SHEILA JELONEK: Twelve months.
MS. HAJJAR: And beginning August 1, 2011?
SHEILA JELONEK: Yes.
MS. HAJJAR: Was there any agreement with respect to the method by which the woman identified as Kathy O'Sullivan would pay you for the property?
SHEILA JELONEK: Not, not in advance, no. When I met her and we signed the lease, she paid me in cash.
MS. HAJJAR: Did she pay you the full amount of the yearlong lease?
SHEILA JELONEK: Yes.
MS. HAJJAR: In cash?
SHEILA JELONEK: Yes.
MS. HAJJAR: And so what was the monthly rent associated with 120 victory in, when you leased it in 2011?
SHEILA JELONEK: $925 a month.
MS. HAJJAR: And this lease is signed, the second page of this lease is signed in 2011 as well?
SHEILA JELONEK: Yes, by both of us, yes.
MS. HAJJAR: Now, you said Ms. Jelonek that the lease was renewed. And turning to page three of Government Exhibit 1101, is this the lease renewal for the following year, 2012?
SHEILA JELONEK: Yes.
MS. HAJJAR: And what is the monthly rent for 2012?
SHEILA JELONEK: $955.
MS. HAJJAR: And, again, for 2012, how were you paid with respect to the rent for 120 Victory?
SHEILA JELONEK: In cash.
MS. HAJJAR: In full?
SHEILA JELONEK: Yes.
MS. HAJJAR: And turning to the next page, was the lease renewed again for 2013?
SHEILA JELONEK: Yes.
MS. HAJJAR: And the rent was 950 per month?
SHEILA JELONEK: Yes.
MS. HAJJAR: And for 2013, was this again paid in cash?
SHEILA JELONEK: Yes.
MS. HAJJAR: In full?
SHEILA JELONEK: Yes.
MS. HAJJAR: Now, is Government Exhibit 1101 missing a lease for 2014?
SHEILA JELONEK: Yes.
MS. HAJJAR: Do you know why that is?
SHEILA JELONEK: No. That's probably my paperwork.
MS. HAJJAR: Did you try to find the lease?
SHEILA JELONEK: Track it, yes.
MS. HAJJAR: For 2014?
SHEILA JELONEK: I found six out of seven.
MS. HAJJAR: Okay. But you, but she leased, this woman leased the 120 Victory for that period of time. You just can't find the lease, is that right?
SHEILA JELONEK: Yes.
MS. HAJJAR: And then for 2016, did the rent increase slightly?
SHEILA JELONEK: Yes.
MS. HAJJAR: And what was the monthly rent for 2016?
SHEILA JELONEK: $995.
MS. HAJJAR: And, again, was this paid in cash in full at the beginning of the lease term?
SHEILA JELONEK: Yes.
MS. HAJJAR: Can you describe how that happened? How you were paid in cash in full for the year?
SHEILA JELONEK: We would -- I would call her in June and ask if she wanted to renew and for seven years in a row, she said yes and then we would set a date to meet in July and, to sign the lease and, for her to pay and we would generally meet at a Starbucks and she would sign the lease and give me the cash up front for a year.
MS. HAJJAR: How would she give you the cash up front for the year?
SHEILA JELONEK: In a big bag.
MS. HAJJAR: What kind of bag?
SHEILA JELONEK: Paper bag with a handle.
MS. HAJJAR: And what denominations was the cash in?
SHEILA JELONEK: Hundreds, fifties.
MS. HAJJAR: And so for 2016, the monthly rent is 995 and so I think the math there is 11, nearly 12,000?
SHEILA JELONEK: Yes.
MS. HAJJAR: Were you paid $12,000 in cash?
SHEILA JELONEK: Yes.
MS. HAJJAR: At the Starbucks?
SHEILA JELONEK: Yes.
MS. HAJJAR: And this is the last rental lease that's part of this exhibit. This is in 2017?
SHEILA JELONEK: Yes.
MS. HAJJAR: And, again, for $995 per month?
SHEILA JELONEK: Yes.
MS. HAJJAR: Did the woman who identified herself as Kathy O'Sullivan tell you anything about her life?
MS. HAJJAR: I think you mentioned that she said she had a husband who died?
SHEILA JELONEK: Oh, yes, when we first met, yes, and before she rented, she said he passed away and left her money.
MS. HAJJAR: Did you communicate with her often?
SHEILA JELONEK: No. No, not really. Once a year in June and then we had a couple of issues. The woman upstairs, her hot water heater went and it decimated my furnace and closet. So we communicated at that point and also when there was a leak, another leak from upstairs, and then when the hot water heater went and that was, you know, we communicated on those issues. I think I checked up with her in the winter once or twice because I wanted to make sure the outside water supply was turned off, you know, because it gets cold, I didn't want it to freeze and cause a problem. That was about it.
MS. HAJJAR: At one point, was a new furnace installed at 120 Victory Way?
SHEILA JELONEK: Yes.
MS. HAJJAR: And did you at any point receive a proof of warranty with respect to the furnace?
SHEILA JELONEK: Yes.
MS. HAJJAR: Did the warranty list an unfamiliar, any kind of unfamiliar information on it?
SHEILA JELONEK: Yes.
MS. HAJJAR: Can you describe that to the jury?
SHEILA JELONEK: Uh-huh. It had been installed when I was in Florida so the warranty, they must have asked the person who was at the rental, at the apartment when they installed it for their phone number and e-mail address so the warranty had my name, the address, and an unfamiliar phone number and e-mail address.
MS. HAJJAR: Did you write down the phone number and e-mail address?
SHEILA JELONEK: I e-mailed it to one of your colleagues.
MS. HAJJAR: Sitting here today, do you recall the phone number and e-mail address?
SHEILA JELONEK: I don't recall them off the top of my head.
MS. HAJJAR: Would looking at the e-mail you wrote refresh your memory about that?
SHEILA JELONEK: Yes. Yes.
MS. HAJJAR: Your Honor, may I show this just to the witness?
THE COURT: Yes, you may. Go ahead.
MS. HAJJAR: Ms. Jelonek, is this the e-mail that you were just referring to?
SHEILA JELONEK: Yes.
MS. HAJJAR: Just take a moment and can you just refresh your memory about the phone number and e-mail address?
SHEILA JELONEK: Yes. The phone number is 518-429-1096. And the e-mail is danirla@nxian.net.
MS. HAJJAR: Your Honor, I would like to show something that's in evidence to the witness.
MS. HAJJAR: I'm showing you again Government Exhibit 361. And directing your attention, Ms. Jelonek, to 273 in this exhibit, do you see that?
SHEILA JELONEK: Yes.
MS. HAJJAR: Can you just read the phone number associated with that entry?
SHEILA JELONEK: 518-429-1096.
MS. HAJJAR: And can you read the e-mail that appears just above it?
SHEILA JELONEK: Daniela@nxian.net.
MS. HAJJAR: At some point, Ms. Jelonek, did you become aware that another woman besides the woman that you knew as Kathy O'Sullivan was spending time at 120 Victory Way?
SHEILA JELONEK: Yes.
MS. HAJJAR: Can you explain that?
SHEILA JELONEK: When the hot water heater upstairs leaked into the closet and I was -- my closet at 120, I was alerted to it. I was in Florida at the time so I sent a friend up to take a look and see if there was damage. And when he went up, he went in, took some pictures for, to send to the woman upstairs, her insurance company, and at that point, he was referring to someone named Danielle and I, -- that was the first time I had heard her name and then Kathy referred to her as her house sitter.
MS. HAJJAR: Did you ever interact with someone other than Kathy O'Sullivan at 120 Victory?
SHEILA JELONEK: I did. I was -- actually, when the hot water heater went, I was in Florida again, but I was coming back the next day. So I went to check it out, met a repairman there and at that time, there was another woman there other than Kathy. Kathy O'Sullivan.
MS. HAJJAR: Was that woman introduced to you?
MS. HAJJAR: What did the woman look like?
SHEILA JELONEK: She had dark hair.
MS. HAJJAR: Did you ever see another woman at 120 Victory Way?
SHEILA JELONEK: When the hot water heater repairman -- he said he could fix it, I think, the next day or the day after that, and the woman who was there said she couldn't be there but she could have someone there. So on that day, he went to repair it and I went to check and make sure he was, you know, doing okay, didn't need anything, if everything was going well, and at that point, there was another woman there while he was there doing the work.
MS. HAJJAR: Can you describe the second woman?
SHEILA JELONEK: She had dark hair as well.
MS. HAJJAR: Did she identify herself to you?
MS. HAJJAR: Did you try to engage the second woman in conversation at any point?
SHEILA JELONEK: I don't know that I tried to engage her but she was just -- didn't say anything. So I, I didn't really -- I probably said something but she didn't say anything back so I just checked on the hot water heater guy and then I left.
MS. HAJJAR: You testified that Kathy O'Sullivan said that, told you that there was a house sitter at any point. Did she identify, of these two women, which was a house sitter and who the other woman was?
MS. HAJJAR: Did Kathy O'Sullivan ever express interest in buying 120 Victory Way from you?
SHEILA JELONEK: Yes.
MS. HAJJAR: Were you interested in selling it?
MS. HAJJAR: Did she ever tell you that she needed a key made?
SHEILA JELONEK: Yes.
MS. HAJJAR: Can you explain that to the jury?
SHEILA JELONEK: When I went to deliver a 30-day notice and no one was there, hadn't heard from her, it was unlocked. When I left I locked it and then when she needed to go back in to move the contents of the condo out, she needed a key to get in. So I met her at Walmart, made another key and gave it to her.
MS. HAJJAR: Now, I want to direct your attention to June 2018. Did you -- at that time, did you attempt to contact Kathy O'Sullivan again to renew the lease?
SHEILA JELONEK: Yes.
MS. HAJJAR: And what happened?
SHEILA JELONEK: She didn't call me back.
MS. HAJJAR: And so what happened after --
SHEILA JELONEK: I called her again and she didn't call me back again. So, usually, she would call me back and we would meet in July and it was approaching, we were approaching the end of June and I hadn't heard from her. So I needed to -- I wasn't sure what was going on so I decided to exercise my option not to renew and I dropped off a 30-day notice. I went to the apartment to knock on the door and deliver a 30-day notice that the lease would end in the end of July and I would expect her to be out.
MS. HAJJAR: Your Honor, may I show something to the witness that's marked for identification?
THE COURT: Okay.
MS. HAJJAR: Ms. Jelonek, I'm showing you what's marked for identification as Government Exhibit 1102. Do you recognize this?
SHEILA JELONEK: Yes.
MS. HAJJAR: What is it?
SHEILA JELONEK: It's the letter, the 30-day notice that I delivered.
MS. HAJJAR: Your Honor, the government offers Government Exhibit 1102 into evidence.
MR. AGNIFILO: No objection.
THE COURT: All right. Government Exhibit 1102 is received in evidence.
(So marked.)
(Continued on next page.)
(Exhibit published.)
EXAMINATION CONTINUES BY MS. HAJJAR:
MS. HAJJAR: Ms. Jelonek, is this the letter that you -- is this the notice that you were just referring to?
SHEILA JELONEK: Yes.
MS. HAJJAR: Okay. And so what happened with this notice, how did you -- how did you deliver it to the woman you knew as Kathleen O'Sullivan?
SHEILA JELONEK: I knocked on the door -- on the door, no one answered. A friend of mine went with me, so wasn't sure, was concerned, so I went in. Opened the door, it was unlocked. And looked in the apartment and then, ultimately, left, locked the doors and left the notice on the door.
MS. HAJJAR: When you entered the premises, did you walk around?
SHEILA JELONEK: Yes.
MS. HAJJAR: What did you observe?
SHEILA JELONEK: It was dark. There were dishes on the counter that looked like they just had been washed and left in that -- the drain, whatever, and there was -- we walked in. We went through the kitchen. There was a bulletin board in the kitchen with some pictures and pushpins, and we went down the hall. In the second bedroom was a treadmill, a big treadmill. Then went to the back -- to the back bedroom. There is was a bed. There was a TV. There was a stand. There was a tripod. There was a few things in the closet. There was -- it was dark.
There were heavy velvet curtains and blackout curtains on the windows. It was very dark. There were a lot of boxes in the corner and the living room looked like someone had packed and they were either coming or going. They were all packed with kind of personal items. There was a bike and -- leaned up against the counter. There were a lot of cobwebs, a lot of cobwebs.
MS. HAJJAR: The treadmill, can you describe where that was?
SHEILA JELONEK: It was in the first bedroom, smaller bedroom, in the hall just taking up most of the room in the bedroom.
MS. HAJJAR: Was there a bed in the bedroom?
MS. HAJJAR: And the tripod, could you describe where that was?
SHEILA JELONEK: It was like the corner of the bed, it was like a bed and the tripod was in the corner.
MS. HAJJAR: At some point after that did you re-enter the property?
SHEILA JELONEK: Yes.
MS. HAJJAR: Why?
SHEILA JELONEK: Because I still hadn't heard from her, so we thought we might have to -- well, first of all, clean out the refrigerator because there was food and I'm concerned about rodents. And also, we're concerned that we would have to remove the contents and put it in storage if I didn't hear from her because it was getting to the end of the lease and I -- I needed to rent it because it's -- it's income for me.
MS. HAJJAR: At that time did you take a video of the interior of the 120 Victory Way?
SHEILA JELONEK: Yes, I did.
MS. HAJJAR: Your Honor, may I show something to the witness for identification?
THE COURT: Yes, you may.
BY MS. HAJJAR:
MS. HAJJAR: Ms. Jelonek, I am showing you will a disk that's been marked Government Exhibits 1103 to 1107.
Do you recognize this?
SHEILA JELONEK: Yes.
MS. HAJJAR: And what is it?
SHEILA JELONEK: It's a disk with a couple of videos that I had taken on the disk.
MS. HAJJAR: Did you review the contents of this disk?
SHEILA JELONEK: Yes.
MS. HAJJAR: And have you initialed it?
SHEILA JELONEK: Yes.
MS. HAJJAR: I am also going to show you what's been marked for identification, Ms. Jelonek, as Government Exhibit 1106-A.
Do you recognize this?
SHEILA JELONEK: Yes.
MS. HAJJAR: Is this a still from that video that you just referred to?
SHEILA JELONEK: Yes.
MS. HAJJAR: And showing you what's marked for identification as 1106-B.
Do you recognize this?
SHEILA JELONEK: Yes.
MS. HAJJAR: Is this a still from the video that you just referred to as well?
SHEILA JELONEK: Yes.
MS. HAJJAR: Your Honor, the Government offers Government Exhibits 1103 to 1107, as well as 1106-A and B.
MR. AGNIFILO: No objection, Your Honor.
THE COURT: All right, Government Exhibits 1103 through 1107 and 1106-A and B are received into evidence.
(Government's Exhibits 1103 through 1107, and 1106-A and 1106-B were received in evidence.)
MS. HAJJAR: Thank you, Your Honor. And at this time we would like to play those clips.
THE COURT: Go ahead.
MS. HAJJAR: So now playing Government Exhibit 1103.
(Video played.) (Video stopped.)
BY MS. HAJJAR:
MS. HAJJAR: Ms. Jelonek, is this one of the videos that you took?
SHEILA JELONEK: Yes.
MS. HAJJAR: And just going back to the beginning for a moment and pausing it.
(Video played.) (Video stopped.)
MS. HAJJAR: Did you notice this arrangement of magnets on the fridge?
SHEILA JELONEK: Yes.
MS. HAJJAR: Did this surprise you given what you'd observed of Kathy O'Sullivan?
SHEILA JELONEK: Yes.
MS. HAJJAR: Why?
SHEILA JELONEK: Just a lot of profanity, kind of juvenile. She didn't strike me as being juvenile.
MS. HAJJAR: Play the next clip. So we are going to play Government Exhibit 1104.
(Video played.) (Video stopped.)
BY MS. HAJJAR:
MS. HAJJAR: Ms. Jelonek, did you recognize the person that's depicted in this part of the video?
SHEILA JELONEK: Yes.
MS. HAJJAR: How?
SHEILA JELONEK: From newspaper pictures.
(Video played.) (Audio/Video stopped.)
MS. HAJJAR: Ms. Jelonek, just looking at the chalkboard, what looks like a chalkboard in the upper left-hand corner of this still, do you see what reads, it looks like: Tapioca pudding 130, Jello 80, soup 50 calories a cup?
SHEILA JELONEK: Yes.
(Video played.) (Video stopped.)
MS. HAJJAR: And let's play the next clip, Government Exhibit 1105.
(Video played.)
BY MS. HAJJAR:
MS. HAJJAR: Who is that, Ms. Jelonek?
SHEILA JELONEK: That's my boyfriend, Lonnie.
(Video played.) (Video stopped.)
MS. HAJJAR: When you entered the premises, were the shades drawn and the curtains down as well?
SHEILA JELONEK: Yes.
MS. HAJJAR: You testified it was very dark?
SHEILA JELONEK: Yes, I was trying to get light there, that's what he was doing.
MS. HAJJAR: Let's play Government Exhibit 1106.
(Video played.)
BY MS. HAJJAR:
MS. HAJJAR: Were those curtains drawn as well, Ms. Jelonek, these red velvet curtains?
SHEILA JELONEK: Yes.
(Video continues playing.)
MS. HAJJAR: Pause here.
(Video stopped.)
BY MS. HAJJAR:
MS. HAJJAR: Ms. Jelonek, is this the tripod you were referring to?
SHEILA JELONEK: Yes.
MS. HAJJAR: Was it positioned near the bed in this bedroom?
SHEILA JELONEK: Yes.
(Video resumed playing.) (Video stopped.)
MS. HAJJAR: Playing the last Government Exhibit 1107.
(Video played.) (Video stopped.)
BY MS. HAJJAR:
MS. HAJJAR: Is that the closet at 120 Victory Way, Ms. Jelonek?
SHEILA JELONEK: Yes.
MS. HAJJAR: And is there a stepstool at the end of that closet?
SHEILA JELONEK: Yes.
MS. HAJJAR: Why did you take this video or these videos?
SHEILA JELONEK: Well, I was concerned about the property. We were also trying to figure out how we were gonna get all the stuff out of there into storage. So it was partly for inventory purposes.
MS. HAJJAR: And at some point after you entered the property and took these videos, did you communicate again with Kathleen O'Sullivan?
SHEILA JELONEK: Yes.
MS. HAJJAR: Can you describe what happened?
SHEILA JELONEK: I was -- I -- I didn't hear from her and it was getting to the end of the lease, so I began to think about moving on to rent to someone else and I thought I might have to do some work painting, ceiling work. There was popcorn ceiling that I wanted to remove. Anyway, so I had called someone about looking at that and giving us a price. And my -- I made an appointment about 5:30 to meet the person there and on the way home I gave her one more call. And that time, the third time I think it was, she picked up the phone. She answered the phone.
MS. HAJJAR: Did she want to extend the lease?
SHEILA JELONEK: Yes, she did. Yes.
MS. HAJJAR: Did she again offer to pay the rent in full up front?
SHEILA JELONEK: She offered to pay six months. She said she couldn't do the twelve full months, but she could do six months.
MS. HAJJAR: Did you agree to extend the lease?
SHEILA JELONEK: No, by that point I had decided to move on, exercise my option to not renew the lease. I was -- I didn't -- you know, it was late in the lease. If it had been earlier I might have, but I decided not to.
She was concerned because she only had a couple weeks left before the lease ended to remove the contents of the condo. She didn't think she could do it on time, so she -- so I told her that I would extend it a month, and -- and so that's what we did. And I met her and she paid me for August then, that month in cash again. And -- and then signed a note to that -- to that agreement, for that agreement, and then, ultimately, extended it through the end of August. And at that point she had moved out.
MS. HAJJAR: And just showing you again what's in evidence as Government Exhibit 1102.
(Exhibit published.)
BY MS. HAJJAR:
MS. HAJJAR: Ms. Jelonek, what we previously looked at, that notice, did you subsequently write something at the bottom that memorialized this agreement?
SHEILA JELONEK: Yes. Yes, that we would extend it for one month.
MS. HAJJAR: Okay. Thank you, Your Honor, no further questions.
THE COURT: Cross-examination.
MR. AGNIFILO: We have no questions, Your Honor.
THE COURT: Very well, the witness is excused. You may stand down, ma'am.
SHEILA JELONEK: Thank you.
(Witness steps down and exits the courtroom.)
THE COURT: You are very welcome.
All right, you may call your next witness.