Court Watching: Chapman demands jury trial in eviction from garage in Belleville

An attempt to evict James Forrest Chapman from allegedly living on commercial property owned by David and Martha Brown on East Huron River Drive in the City of Belleville was before 34th District Court Judge Lisa Martin by Zoom on Feb. 17.
Attorney for the plaintiffs is Tom DiPietro. Chapman, 61, is representing himself.
Judge Martin said this is the first hearing in the case which appeared to be a basic landlord-tenant case. She read information into the record about how tenants can get help with rent due.
Judge Martin said she received two phone calls from Chapman, one at 6:52 p.m. on Feb. 12, and one at 4:56 p.m., Feb. 15. She said she did not answer those calls or receive any information but thought DiPietro should know about them.
Attorney DiPietro said the defendant has been using a non-residential commercial unit as a residential unit in violation of the Belleville City Code and it probably would be a problem with the Wayne County Health Department, as well.
DiPietro said the defendant had agreed to leave on Dec. 15 and had a change of heart. Chapman engaged in “self-help” in seeking protection from the tenant in the adjacent business, DiPietro said. Chapman has taken the doors off and cut hinges off the doors to limit access to the garage and welded the door shut, DiPietro said. He claimed the other tenant was stealing stuff from him, DiPietro said.
He said Chapman has neutralized the security camera so “we don’t know what’s going on.” He said the Belleville police have been called to the premises about four times and, “I know it’s cold but we’ve got to get rid of him, Judge.”
Judge Martin said her office received a statement from Chapman on Feb. 11 in which he requests an in-person trial by jury. She said he said he does not have knowledge to participate fully in a Zoom hearing and wants the hearing in person.
DiPietro asked if he denies he’s using the premises as a residence and Judge Martin said she would have her office send a copy of Chapman’s statement to him.
“You filed a health-hazard case, Mr. DiPietro,” Judge Green said, adding in her view it is a termination-of-tenancy case. “If he persists in requests for a jury trial, that narrows the issue of what we do next. I’m happy to schedule an in-person hearing but we are not scheduling jury trials now.”
Chapman, who was present by phone, requested a 30-day adjournment to find out what Gov. Whitmer was going to do with the COVID rules. He said under the sixth amendment he is guaranteed a public trial face to face. He said he disputed all the material facts DiPietro listed.
Chapman said the other tenant is going to be tried for a felony after assaulting him with a vehicle and damaging his property. He said there also is a case pending against Belleville Police Officer Jeffrey Wickham who has the tapes showing the other tenant carrying out 5,000 to 6,000 pistons that belong to Chapman. He is waiting for warrant approval from the prosecutor’s office on charges against Wickham.
He asked for time to get everything out of the parking lot since he is snowplowed in. He said there is no shower, no toilet, no bathroom facilities and being there all night is not the same as living there and there are no restrictions against being there all night.
“It’s a very tangled web here and attorney DiPietro has kept this very narrow,” Chapman said. He said the truth of the matter will only be found out in a proper jury trial. He said he has rendered a great deal of service to Mr. Brown in rebuilding his engines, especially the old engines, and he believes Brown is “in arrears.”
“I’m going to rest,” Chapman said and Judge Martin said there is no argument and this is just a pretrial, which she will adjourn for seven days.
DiPietro said he would like the judge to order the fair sum of $1,000 per month to be put into escrow by Chapman commencing March 1, to give him time to get the money together. If Chapman doesn’t pay, a default judgment could be entered against him. And, Chapman should not use the premises to stay overnight, “What I call live in,” DiPietro said. There are no facilities to allow that, he said.
Chapman replied that he “denies” that request, or “would not acquiesce.” He said there was no signed agreement with Brown for any amount of money.
“Once we wash our hands of each other and go our separate ways, all will be well,” Chapman said.
“That’s the same story Mr. Brown has been hearing since Oct. 1,” DiPietro said. “This could go on forever, forcing Circuit Court action for injunctive relief.”
Judge Martin said she was reluctant to issue the escrow for space he uses for repairs since there is no agreement and nothing had been paid.
Chapman said there was no signed agreement and he would be out by the end of March. He said the snow has got to melt. Otherwise, it should stay the way it is. He asked Judge Martin for a no-contact order against the tenant next door.
“I’m going to request that jury trial, however long it takes,” Chapman said. “There’s no basis for an escrow account.”
Judge Martin said an escrow order is declined for now and the hearing is adjourned to 10 a.m., Feb. 26.
Chapman said his present address is P.O. Box 2665, Belleville 48112 and his present address is not 259 E. Huron River Dr., which was his parents’ home, and hasn’t been his home for some 35 years.
Judge Martin asked Chapman where his physical address is and he said he is staying with a friend right now and the friend doesn’t want the name used. He said he has never used the garage address as his address. Judge Martin said court documents would be sent to his post office box.
She said on Feb. 26 she will swear Chapman in and he can give testimony. DiPietro said he would have a witness.
“See you next Friday,” Judge Martin said.