Being cheated on sucks, going to prison for being cheated on sounds much worse.
This is the situation florist Sean Donis finds himself in after catching his wife in bed with her boss.
Sean used the ‘Find my iPhone’ App to track Nancy Aguero Doris’s iPad to her employer Albert Lopez’s house.
If he’d left it there he might have been okay in the eyes of the law.
However, Sean Donis understandably wasn’t thinking too clearly at the time and burst into Albert Lopez’s bedroom, where he found his wife naked with her boss.
He was so determined to catch his wife’s infidelity, he filmed the moment he caught her in bed with another man.
While he did successfully film his wife cheating, he also inadvertently filmed himself breaking into a stranger’s house.
Which is known as burglary according to the courts:
Donis burst in on Lopez and his wife having sex and filmed two short videos of the pair in action.
She had previously told him that she was attending a dinner with friends in Elizabeth, New Jersey, and had asked Sean Donis to take care of their 5-year-old while she was away, only to instead visit Lopez at his home in Rockland County, New York.
He then followed the signal to Lopez’s house and entered the property, whereupon he discovered the liaison.
Donis had long suspected that his wife was having an affair with Lopez, CEO of Gotham City Orthopedics, for whom she was a billing manager.
Lopez can be heard in the video shouting:
“All on video! Both of you motherfuckers are fired tomorrow,” and threatening to send the clip to her relatives, which the prosecution claims that he later did.
“The defendant should be given a medal for the amount of restraint he showed when he entered that scene,” Mr Donis’ lawyer, Howard Greenberg, told the jury.
“He commits a trespass that in a sane jurisdiction is a violation and not a crime, and he uncovers the greater evil of his wife screwing some stranger. No jury is going to convict this man of anything, let alone a felony.”
In cross-examination, Mr Greenberg was reprimanded by the judge for vulgarity after he repeatedly used the word ‘banging’ to describe the incident.
Greenberg asked Lopez, to which he answered in the affirmative:
“Did you even think what effect the defendant finding out about you two would have on their child? But you banged her anyway?”
“Did you take advantage of your position as his wife’s superior to get her into bed with you?”
He further chastised Mr Lopez, adding:
“who the hell are you to sleep with another man’s wife?
“It was never discussed because he was out of the picture as far as I was concerned”.
Sean Donis and Nancy Donis have subsequently divorced, but the Donis still faces a long period in jail if the court decides that his decision to use Find My iPhone to trace his ex-wife was unlawful surveillance and that his entering the unlocked house of Albert Lopez constitutes burglary