Please be seated. Good morning, Your Honor. Good morning. This is the case of<i>
Nesbitt v. Henderson.</i> Thank you, Jerome.
Good day, everyone. AUDIENCE: Good day. Ms. Nesbitt, you are suing
to prove to Mr. Henderson that he is the father of your 7-month-old
daughter, Zi'ann. NESBITT: Yes, Your Honor. JUDGE LAKE: You say that when
the results prove you right, you expect Mr. Henderson
to step up. Yes, Your Honor. Mr. Henderson, you claim
your case is simple. You say Ms. Nesbitt cheated
on you with her neighbor during the window
of conception, and he is Zi'ann's
biological father. Yes, Your Honor. So Ms. Nesbitt,
what has Mr. Henderson done so far for Zi'ann? Well, he bought her diapers,
that's about it. He doesn't do anything for
my child, but buy her diapers. He does more for
my 2-year-old son that he knows
that's not his, than his own daughter. Really? Well... Mr. Henderson,
is that correct? Yes, Your Honor,
because I feel that I shouldn't have to take care
of another man's baby. But you are taking care of
another man's baby, right? Yes, but at this time,
I came into this baby's life, and already knew
he wasn't mine, but I had a possibility that
she could have been mine, but she's not, so,
I felt kinda hurt, so... So there's a level
of resentment there? HENDERSON: Yes, ma'am.
Yes, Your Honor. So, what's your relationship
like with Zi'ann? Were you there through the
doctors' appointments? Birth? Yes, Your Honor. JUDGE LAKE: You were? Yes, Your Honor. You know that's your child. You've been knowing
from the beginning. You signed
the birth certificate. You even snuck down the stairs and signed it
without my permission. You know
the baby's yours. Yes, I did, because... JUDGE LAKE: He did what,
Ms. Nesbitt? I went downstairs to go get
my birth certificate, and his name was on there.
I told him not to put his name on there because I had doubts
from the beginning. But he snuck anyways
and signed his name on there. Oh! So wait.
You had asked him previously not to sign it because
you had doubts yourself. Yes, Your Honor. So Mr. Henderson... You did sign the
birth certificate? Yes, Your Honor. Do you remember
having the conversation
with Ms. Nesbitt that said, "Don't sign it just yet
'cause it may not be yours?" Yes, Your Honor. JUDGE LAKE: You remember
that conversation? Yes. And you signed it anyway? Yes, Your Honor. Your Honor, he even lied
to his father and told him that he got a DNA at the
hospital when he didn't. Why would you tell your dad
you had a DNA test,
and you didn't? Honestly, Your Honor,
because I didn't want him
all in my business. NESBITT: Oh, Your Honor,
that's a lie. He signed the birth
certificate. He told me that he signed the birth
certificate so he could have
rights to the baby, so he can get custody
of the baby. Well, listen,
you understand when you sign a birth
certificate at a hospital, you are acknowledging
paternity legally. You understand that, right? Yes, Your Honor. So when you signed your name,
you said, "I'm the father. "I'm responsible. I'm gonna
take care of this child." Yes, Your Honor. JUDGE LAKE: So why are you
not taking care of the child and only bought some diapers? (AUDIENCE APPLAUDING) Because she's taking the
baby's not mine, Your Honor. I can't be no man
that's taking care
of another man's baby. JUDGE LAKE: Okay, now
I wanna understand that. Your doubt. Because what it sounds like
to me is you were
at the hospital and you were really trying
to convince yourself that this was your child. Yes, Your Honor. And signing
the birth certificate was a way for you to say, "Okay, I'm gonna stay
with this family. "I'm gonna make a family. "I'm gonna be here. I'm gonna
sign the birth certificate." Take me to the moment
where you just said, "Something's not right.
I just don't feel right. "I really have doubts." Because she kept
coming to me, like, "This not your baby, Ladon." After Zi'ann was born? HENDERSON: Yes. Okay. So I came in the house
one night, drunk. I don't know if she was
mad at me or not. She probably could have
said it out of spite, because I came in late. I come in,
she get to arguing. <i> "Oh, she's not yours, that's
why she's not your baby."</i> "She could be
Mr. Brown's baby." Ms. Nesbitt,
did you say that? Yes, Your Honor.
I did it out of anger. I was really angry
when I said it. But she's said it several
times, Your Honor,
several times. But you also admitted,
Ms. Nesbitt,
that you had doubts, because that's why you
told him, "Don't go sign
that birth certificate." Yes, I had doubts. What were your doubts,
specifically? Well, let me tell you
how it all began. He had sex with his cousin, and I felt very
vulnerable about it, and, you know... Yes, I did. But that
was before her. She already knew about that. JUDGE LAKE: Okay. Proceed. You know, I received
the inbox telling me she said she had sex
in my little black car,
and they had a baby. And I felt very
astounded about it,
so, you know... She told you that before
when you were sitting in
your car with your friend. When y'all left for
the river walk. No, that's not true,
and you got her pregnant. It's true, Your Honor. But I wanna know specifically
why you doubt that this
could be his child. Well, I doubt it because
we was having unprotected
sex for a year straight, and all of a sudden,
I had sex one time
with Mr. Brown and I ended up getting
pregnant two weeks later. JUDGE LAKE: <i> So, Mr. Brown is?</i> NESBITT: <i> The neighbor.</i> Your neighbor? NESBITT: Yes. And tell me what
happened that night. Well, me and Mr. Henderson,
we got into an argument, and it led in my
apartment hallway. And Mr. Brown seen it,
so he came to my door,
he comforted me. And it led off to him coming
in and giving me a massage, and led off to me...
(CHUCKLES) And it led off to more
than just a massage. One night? Yes, one night. And two weeks later,
I ended up pregnant and I told Mr. Henderson. Do you remember this day,
Mr. Henderson, when she told
you she was pregnant? Yes, Your Honor. Did she also say,
"I have slept with Mr. Brown?" Yes, Your Honor. JUDGE LAKE: Oh, she did? She told me she used
a condom, Your Honor. And then, not too long ago,
she told me the condom broke,
Your Honor. Mr. Henderson,
when she told you she'd also slept
with Mr. Brown,
but it was just one night... HENDERSON: Yes, Your Honor. Did you say to yourself,
"Well, I know now this could
possibly be his child." Or you tried to just...
You were living in denial? I was living in denial,
Your Honor. NESBITT: The baby
looked just like you.
You took pictures with her. <i> You go to the doctor's
appointments, everything,</i> <i> and now you're standing up
here denying her.</i> She looks just like you.
She resembles you
in all types of ways. You're positive this
Mr. Brown encounter
was a one-night thing? NESBITT: Yes, it was. But you understand it takes
only one time to have a baby. JUDGE LAKE: So you knew that? Yes. And you're saying the
protection you used, broke? Yes, Your Honor. JUDGE LAKE: Okay. So, at this time the court
would like to call Mr. Brown. Jerome, would you please
escort Mr. Brown
into the courtroom? I'd like to hear from him. How's it going?
Come on, right in. Go up to the witness stand.
Go on up the steps. Mr. Brown, welcome. Nice to meet you, JUDGE LAKE: Thank you
for joining us today. Mr. Brown, we're here
of course discussing
the paternity as it relates to baby Zi'ann. Tell me a little bit about
your relationship
with Ms. Nesbitt, please. I had first met her, she had
moved into my apartment
a couple of doors down. And I used
to always flirt with her,
blink an eye at her, you know what I'm saying? 'Cause she was cute girl,
you know. She was, um... He was a nice friend,
that's about it. Yeah, yeah, that's about it,
you know. But you did have a sexual
encounter with her. BROWN: Yeah, one time. It was just like birthday sex,
that was about it. It was more.
She was always hitting me up, and texting me
and all that stuff. I used to text her
at different names. It was just like one time... Your Honor, she's telling me
that it has been going on
longer than that. It was more than one time. It was just birthday sex,
that was it. It was one night only,
but we was texting and stuff. I used to hit her up
with different female's names, 'cause he used to be around,
and I'd be like,
"This is Nancy." And she'd text me like,
"LOL," you know. She knew it was me,
you know what I was saying? So you all were texting each
other even after you all... Yeah, yeah,
we stayed in contact. But you only had sex
the one time? Yes, that one night on
her birthday, and when her... And the protection broke? I don't remember
no protection broke. It was busting a little bit, but I don't remember
no protection broke. You know what I'm saying? Reminds you, I just came in
to comfort her that one night 'cause them two had
got into it. So I had went down
to comfort her one night, gave her a little massage. You know what I'm saying?
We was chilling. When I was massaging her,
my hands led to other places. And you know what
happened after that. Uh... Yeah. Um... So now, what happened
when she got pregnant? She had texted me and told me,
"I got something
I wanna tell you." I was like, "Tell me."
And then, she was like,
"I'm embarrassed." So, I'm like, "Don't be
embarrassed, tell me." She was like, "I'm pregnant.
It could be you
or Don's baby." So, at this point, you've been
honest with both men? NESBITT: Yes. JUDGE LAKE: And they both know
they are potential fathers? Yes, Your Honor. Baby Zi'ann is born,
and who steps up
to the plate for her? I stepped up to the plate
for her, Your Honor. It ain't my baby, so I ain't
stepping up to no plate. So, Mr. Brown,
you said it's not... 'Cause I had a condom on,
and look at her. She looks just like him.
She's a beautiful baby. <i> She looks just like him,
you know what I'm saying?</i> Let me show you right here. What did you bring, Mr. Brown? Evidence. All right. This is a picture of... Me on the right and her on
the left. Yeah, yeah, it is. <i> She looks nothing
like me at all.</i> <i> Ears, look at it.
Cheeks, nothing.
Lips, nose...</i> JUDGE LAKE: <i> So,
you submit to the court</i> <i> that she doesn't look anything
like you, in your opinion.</i> BROWN: <i> Nothing like me.</i> At first, she was
all acting, like, "Did you mind taking
the test?" I'm like, "Yeah." Then one day she
texted me, like, "You don't need to take
no test, 'cause I know
it's his baby." 'Cause she didn't want
to hurt his feelings
or something. So wait. Initially,
she asked you to take a test. "Do you mind taking
a paternity test?" Yeah, and I always tell her,
I don't mind taking a test. You Honor, that's not true.
He called me and said that
we should take a DNA test. I told him no
and he said that's unfair. 'Cause she's done already told
me a couple of times
to take the test?" And you already told me
and texted me
that it might be my baby, so, you know what I'm saying?
I got four kids already, I don't mind taking care
of another one,
you know what I'm saying? Four kids already. BROWN: Yeah. And I don't mind taking
care of another one.
What's one more? So bottom line
is you were saying I don't mind taking the test.
So, at that point that you were gonna submit
to the test, and you said, "I don't mind taking care
of another one." You had an inkling that there
is a potential at least
that it could be yours? Yes. So that's why I was
worried and kept
in contact with her. But you said that
y'all used a condom. BROWN: We did use a condom,
you know what I'm saying? But things do happen,
you know what I'm saying? So you've remained steadfast,
Ms. Nesbitt, that this could
be either one's child. Yes, but I'm pretty,
I'm more of 100% sure
that it's Don's child. She done got
my head all turned,
thinking it's mine. I want her to get
this test over with. She got me confused. BROWN: Yeah, she got
me confused, too. In the end,
when they came to... She writes little things
on Facebook. And then when I hit her up,
as soon as I get off
the phone with her, I see her put something
on Facebook and it'd be
about me. So you think she's trying
to maintain contact with you, stay close to you because
there's a potential you may
be the child's father. I know Ladon is the father.
He just needs to step up
to the plate, and face it that
you are the father. He looks just like she does... I'm not about to step up to
the plate if you keep telling
me it's Mr. Brown's child. But Ms. Nesbitt,
you have to admit, you know, the point where you get into
the argument and you say, "It's not your baby,
it's somebody else's baby,"
he's not gonna forget that. She told me several times that
it wasn't my baby, Your Honor. He takes care of my baby
that he know that's not his, which is my son,
he takes care of him. And we went shopping,
he bought my son
five pairs of outfits, and he only bought
his daughter only one. You didn't cheat on me
and have him, though.
So it's a difference. I got feelings too. Well, what he's trying
to express, and look, I'm not putting words
in your mouth, but trying
to understand the situation is why I'm here, is to help
you all each understand
the other person's position. What he's saying is,
there's a level of resentment
that he feels as it relates to baby Zi'ann,
am I correct? Yes, Your Honor. So maybe he's not as involved
because he truly
has a question relating to her paternity. HENDERSON: Yes, Your Honor. Part of that, you validated
because you have a question. Yeah. And I want to be her father. But she's nuts. Every time I come
in the house, it's
something else. So you do want to be
baby Zi'ann's father? Yeah, and you hear what
she's saying. Every time
it's about my cousin. Or she's not my baby. He tells me that
all the time.
Yes, they look alike. So I know that
this is his baby. His baby looks just like
his cousin's last son. Oh, I just caught that. (AUDIENCE LAUGHING) And I'm gonna
leave it alone. Um... So, Mr. Brown, your hopes
today, I just wanna be clear, is that you are
or you are not? I think I'm not the father,
you know what I'm saying. Like I said, I just want her
to get this over with.
It's too much going on. Too much going on,
you know what I'm saying. Then I got him
hitting me up on Facebook. See, I had to block him
on Facebook, block him twice. 'Cause I told you
to come get your daughter. (OVERLAPPING CONVERSATION) Wait a minute now,
you're having a Facebook feud? No, it wasn't
no Facebook feud. I just told him, "Hey, bro,
come get your child."
You feel me? "This is not my child."
She's telling me that
this child is not mine. I'm not about to sit there.
I'm a real man. I'm not gonna have her
calling me daddy at night. Like, "Hold on,
I'm not your father.
That's your father." Listen, I just wanna find out
who my baby's father is. I just wanna go and get it
over with, you know
what I'm saying? Kerina can go on
with her life.
I hope he is the father. They can live a happy family,
you know what I'm saying? I mean, I understand
where you're coming from, but the happy family,
she gotta stop doing
the thing she do. Sometimes it don't be about
the child, you feel me? All right. Let's just
acknowledge this. The level of animosity
and confusion surrounding baby Zi'ann's paternity
is real. And you know that. NESBITT: Yes. You've admitted that. That's
why this courtroom exists. Some mothers will come
in here and they will say, and Jerome can
attest to this, "No, I know for certain,
it was nobody else,
it was nobody else." You came into court and said,
"Look, I have a dilemma." "I did sleep with two men
during the window
of conception. "And I need an answer."
And I have those answers
for you. Are you ready for the results? BOTH MEN: Yes, Your Honor. All right. Jerome,
the envelope, please. (AUDIENCE APPLAUDING) These results were prepared
by DNA Diagnostics and
they read as follows. In the case of<i>
Nesbitt v. Henderson,</i> when it comes to 7-month-old
Zi'ann Nesbitt... Yes, I did. JUDGE LAKE: As to whether
Mr. Brown or Mr. Henderson is her biological father... It has been determined
by this court, Mr. Brown... You... Are not her father. Oh! Hey, hey!
Told y'all. Sit down, Mr. Brown.
Your name rhymes with clown but do not gonna clown today. Just calm down. Mr... Calm down.
Mr. Henderson... You are her father. NESBITT: Told you you was her
father from the beginning. (AUDIENCE APPLAUDS) JUDGE LAKE: Are you happy? Yes. I mean, I love
to be her father, but if she can't change,
I'm gonna leave. But I'm gonna still
do for her, though. I'm gonna still do
for my daughter,
'cause I'm not that guy. This will be my only child. You all now have
a child together. There's a level of immaturity
that is reeking
in this relationship. I mean, it is just...
You all are so silly
with it all. But you're making babies! I mean, make babies as long
as they get taken care of, 'cause some guys I hear would
just make a baby, and be like,
"Huh, I'm gone." Ms. Nesbitt,
you gotta own too. This level of resentment
you feel for Mr. Henderson, you gotta let that go. Because you told him
from the jump, "Don't sign the birth
certificate 'cause it could
be somebody else's." JUDGE LAKE: All right?
Today's a new day. Yes, Your Honor. Today we know. Now you
have to move forward. You all have to learn
how to co-parent. This a beautiful little girl. You don't want her standing
here one day, Ms. Nesbitt,
right in front of me. You want her to be in
a different position,
right, than you are? So that means you two
have to work together. We have counseling for you,
resources to help you figure
out how to co-parent together, but get yourselves together. She needs you guys, all right? NESBITT: Okay. HENDERSON: Yes, Your Honor. I wish you the best of luck.
Court is adjourned. I feel the result it goo.
We got it off the chest. And I feel happy to be
a father now. I mean, I feel I got a real
big burden off my chest now I can stop
getting accused of being or tramp, of whatever,
and we can move on
with our life. I feel what Judge Lake said
was honestly true. We do need to change some
things in our relationship if we still wanna be together. Our next step is to move on
with our life as a family, and continue on taking care
of our child.
