The New York City man accused of squatting in a $1 million house – even earning money by renting out bedrooms to others – gave an astonishing excuse at court for a video that showed him barging into the residence while its rightful owner was inside.
Brian ‘Jay’ Rodriguez was back in Queens Criminal Court Monday and appeared before a judge nearly three months after he was indicted on charges of burglary, grand larceny, and other crimes for illegally occupying Adele Andalaro’s home.
Dressed in navy trousers and a blue button-down shirt, Rodriguez appeared composed as he entered the courtroom with his mother, who was walking with a cane, by his side.
He told DailyMail.com that he ‘didn’t do a thing wrong,’ and appeared confident that the attorney’s would work it out.
‘It was a lease somebody got me. It’s a fake lease, pretty much, now. I didn’t know that at the time,’ he insisted outside the courtroom.
‘I wasn’t hiding in the house.’
Rodriguez is ironically under house arrest now with a GPS-equipped ankle monitor and only allowed to venture out for work and court appearances.
The ordeal began in February when Andalaro went to her home, which she inherited from her parents, and noticed that the front door and locks had been changed – and that squatters had moved in and refused to leave.
Shocked, Andalaro confronted Rodriguez, shouting at him for ‘stealing her house’ which led to an explosive confrontation that at one point saw Rodriguez trying to break down the front door.
In a bizarre twist, when police arrived, it was Andalaro who was handcuffed and arrested. The video of the arrest went viral, and made national headlines with many outraged that squatters appeared to have more rights than the legal owners.
Andaloro told ABC7 New York after the incident how ‘enraging’ it was.
‘It’s not fair that I, as the homeowner, have to be going through this,’ she said.
In New York State, squatters who occupy a property openly and adversely for 10 uninterrupted years can make an adverse possession claim, provided they have paid property taxes over that decade.
In New York City, however, squatters are granted rights after just 30 days, meaning landlords must start an eviction proceeding as soon as a squatter has been discovered.
Rodriguez addressed the confrontation Monday, and insisted he ‘never disrespected Ms. Andalaro.’
‘It wasn’t that I was screaming at her. That video make me look like an animal and it wasn’t like that,’ he stated.
‘I didn’t realize she was behind the door,’ he explained. ‘There were other guys in the house it’s just how the media portrayed me.’
Rodriguez of East Flushing was initially facing up to 15 years in prison but that has now been revised down to 1 1/2 to 3 years.
When he was called to the stand, Queens Judge Toni Cimino asked: ‘What is the intention here? I don’t know what the purpose is for today’s appearance.’
Defense attorney Nicholas Dayan told the judge that he was appointed to the case just a week ago – Rodriguez’s former attorney was Gerald Levine – and that his client ‘was not interested at this time to take a plea’ and is prepared to go to trial.
The judge said that his client needs to make sure he doesn’t get ‘re-arrested,’ and said he is due back in court on August 7.
District Attorney Melinda Katz said in April when the charges were announced.
‘Criminal charges will be pursued when you unlawfully occupy someone else’s home. You cannot just enter a home without permission, then stay without permission and later claim vested rights simply because the legitimate owner is unaware and has been unable to remove you for 30 days,’ she said.
‘The defendant in this case is alleged to have entered and stayed in the house unlawfully. He has now been charged with burglary and grand larceny.’
Rodriguez insisted Monday he is innocent, and a victim himself.
‘I didn’t do anything wrong. There’s plenty of evidence. The police camera shows everything I did,’ he maintained.
His lawyer told DailyMail.com that Rodriguez approached him to represent him after he was the lawyer for two of his friends, who both were facing criminal charges, and were acquitted.
‘He told me why he hired me. He said I helped two of his friends. It was criminal and it was worse [than Rodriguez’s case].’
The lawyer called the case ‘interesting’ and said that after reviewing the indictment and how they are charging him with a penal law statute.
‘Exactly how they are getting to a felony in this case of burglary- they say he took property out of the house that he trespassed, so I am going to see if I can dismiss the top charge by way of a motion if they don’t have it on the law in this case.’
He further stated: ‘Right now the offer is one and a half to three years. No motions have been filed. They haven’t filed the certificate of compliance – meaning they haven’t given us all their discovery and the law in that specific case is that we don’t have to file our motions until they certify the case.’
Dayan said there is still work to do but, his plan moving forward is to get ‘no jailtime’ for Rodriguez.
The Queens DA’s office told DailyMail.com that the ‘case is still pending.’
We have no further comment outside of our April press release,’ a spokesperson said.