You may be seated. Good morning, Your Honor. Good morning. This is the case
of <i> Davis v. Hamb.</i> Thank you, Jerome.
Good day everyone. AUDIENCE: Good day! Ms. Davis, you claim
you got pregnant
with Mr. Hamb's child after knowing him
for only two months. You've petitioned the court
for a DNA test to prove
that Mr. Hamb is the father of your one-month-old baby,
Gerrale Hamb Jr. Is that correct? DAVIS: Yes, Your Honor. You're suing him for
$1,500 for the cost
of the baby shower gifts that you say Mr. Hamb
took from you. Yes, Your Honor. Now, Mr. Hamb, you say
Ms. Davis was dating
two other men and you are certain
that you are not
the father of her child. Yes, ma'am. All right, so Mr. Hamb, how can you be so sure
this child is not yours? First of all, I'd like
to start off by giving you
a little background of how me and Brandy met. JUDGE: Please do. Um, I was in my car, just came
from getting a haircut. I was looking good in my car. Me and Brandy have
the same exact car, just different colors. She was looking pretty, too,
I'm not gonna lie. She looked pretty attractive. She flagged me down
to stop me so we could
switch numbers. When we switched numbers,
we, uh, started talking on
the phone within
those same exact hours. So, during that time,
we agreed to meet up. When I'm thinking
we meeting up, I'm thinking
just me and Brandy. When I pull up
to the lake, that's where we agreed
to go, to the lake. When I pull up
at the lake, she got a whole
crowd of people
surrounding her car. So, as I get closer, Ms. Davis then comes
and approaches my car, we start having
a conversation. And me and Ms. Davis
having a conversation,
when her female friend comes up to the car and says, "Well, your boyfriend
is getting upset "due to the fact
that you're over here "disrespecting him by talking
to another man." Uh... Do you remember someone
coming up to you and saying. "Your boyfriend is mad..." No. Nobody came up to me. Nobody came up to me,
because it wasn't my boyfriend JUDGE LAKE: Did you have
a boyfriend at the time? Yes, I did have a boyfriend
at the time. JUDGE LAKE: You did? But that wasn't him. But that particular person
wasn't him. She had two boyfriends,
now that was... I had one. That was just
the first boyfriend I had one. That was just
the first boyfriend. You met... That was just
the first boyfriend. That wasn't my... That was the second boyfriend. DAVIS: That was my
first boyfriend. So, in your testimony
Mr. Hamb, she had more than
one boyfriend. Yes, Your Honor, and is
married, too, and she's still
technically married now. Yes, true, true. HAMB: She's not the person... ...and she had two
boyfriends, too. So, this why I'm at
a point where, "Okay, this can't really
be my child." <i> Due to the fact that
she had all these boyfriends</i> <i> and at the end of the day, I
found out she's married, too.</i> <i> So, I don't know
what to believe.</i> At some point
after you're at this lake, and you start talking, you
have a sexual relationship. Ma'am, she gets
in the car with me and we left that same day
and we had unprotected sex, the same day. Unprotected sex
the second night... Go ahead and lie. We had sex
the same day. And after
we had sex that day, we was like peas
and she was on my heels,
we was together. I couldn't get rid of her. No, actually, how can you
be with somebody after two days
of knowing them. How can
you be with somebody? You slept with me
the first day. You don't even know me... So what, you had... So what, but you were
just saying it was
the second night. Okay, look you had
unprotected... And I'm not lying.
Yeah, we did! The first day I met you. ...how can you be in
a relationship with somebody
you just met. JUDGE LAKE: Okay. How can you? Wow. HAMB: I'm not saying
I was right... Ms. Davis. DAVIS: Yes, Your Honor. Ms. Davis, you say
there was another man. That you did have a boyfriend. DAVIS: I had
a whole boyfriend. HAMB: And a husband. That treated me good...
Husband, separated. So, wait, you had a husband
you were separated from
and a boyfriend and you slept with Mr. Hamb
on the second day? Boyfriend, legally separated. Second day, yes,
I did sleep with him,
Your Honor, yes, I did. JUDGE LAKE: Okay. So, you do understand
why Mr. Hamb may have doubt. Yeah, I do. I do. I do. JUDGE LAKE: Okay, good. She already had boyfriends,
before she was even with me. And just like I said,
when she gets drunk,
she's real sexual. When she gets drunk, she gets so drunk that... Oh yeah, I'm bad. ...that she, you can't... You're right. If she were drunk right now,
she would be passed out sleeping in front
of the TV. What's wrong with that? JUDGE LAKE: Okay. What's wrong
with that? I ain't gonna say we was
boyfriend and girlfriend 'cause every time we tried
to get serious
or tried to like, you know, say okay, well,
"You my girl," make a title
for each other. It would always be something
stopping her because... We never had a title. Well, me being a player,
I ain't gonna say
being a player. Boy, you were. Well, me being a man. You did. He did. I like to talk
to women... Uh, it is far gone
and tell the truth. Like I said, me... Me know how
I like to talk to women. DAVIS: You've had
a lot of women too.
Boy back on the phone. There's knowing the fact,
that yeah, I'm starting
to talk to her, but at the same time,
I am fooling around
with other females. All right, take me to
the point you find out
you're pregnant. I'm at work,
throwing up, sick. Couldn't take it,
so I told my, um, asked my supervisor,
"Can I go to the hospital?" They took me to the hospital. I'm thinking, I have
food poisoning or something. And I had, I was pregnant. After you found out
you were pregnant. DAVIS: Yes. How did you tell Mr. Hamb. I called his phone,
I told him I was pregnant,
he was at work. I went to his job. And me and him
was talking about it. HAMB: What? He was happy,
excited. Yes, I did, I went to
your job. He was happy,
excited. So, you felt like
his reaction was that of excitement. Yeah, he was gonna be there. He was gonna help me out
and do all this
regardless of the fact what went on in the past,
he was gonna be there. And I gave her my word. For me and my first born. I gave her my word. DAVIS: I have
two kids. Due to the fact of what
she's going through, I gave her my word
as a man. And due to the fact,
the situation with me
and my father, I said, man,
I'm gonna be here, regardless of what me
and you got going on. I'm going to be here
for this child. Due to the fact,
I didn't have him
in my life. Is he here? Has he been here?
He hasn't been here. But, Your Honor... He hadn't been nothing... JUDGE LAKE: So, Mr. Hamb, you told her
you were gonna be there. HAMB: Yes, Your Honor, I did. But, now, you're in court, saying the child is not yours. HAMB: Yes, ma'am, I... So, tell me why you doubt it. While me and her arguing,
she told, in front of
my mother and aunty, that this
was not my child. When the child
was four weeks old. DAVIS: I never did that. She told this. I never did that. In front of
my mother and aunty. And the second time,
the second time, we was arguing in front of... I said that to you
out of anger. ...her mother's house. I said that to you
out of anger. Out of anger, yes,
Your Honor, I did say that.
Twice out of anger. ...he made me mad. And then a second time
in front of her own mother. JUDGE LAKE: All right,
one at a time. I wanna
understand this. So, you're saying, Mr. Hamb, that in front of your
family members, she says... ...that I was
not the father I did not say that, of that child. I said it to him
in an argument. HAMB: It was getting heated
and she is to the point,
she was like, "You know what,
I'mma just be honest "this ain't even your child,
so, you ain't got to worry "about being here
for this child, "you ain't got to worry
about doing nothing." DAVIS: I didn't say
it like that. So I said... That's what got it. DAVIS: I didn't say
it like that HAMB: That's when
I completely snapped. Stop lying. HAMB: 'Cause I decided, I'm in a 50-50 situation. Yeah, I wanna be happy, but
at the same time I don't want nothing to do
with it, just 'cause of what
she put me through. You've admitted that at
this time, you had a husband. Yes... JUDGE LAKE: You had
a boyfriend. HAMB: Two boyfriends! Actually, my husband...
We separated. JUDGE LAKE: Separated.
But she had a boyfriend. Separated, legally... And you also
were sleeping with Mr. Hamb. Yes, I was. Were you sleeping
with any of the other men. DAVIS: My boyfriend. HAMB: All four boyfriends. My boyfriend. JUDGE LAKE: So, you do
admit today, that during the window
of conception you were sleeping with your boyfriend
and Mr. Hamb. I stopped sleeping
with my boyfriend,
the beginning of July. I'd say July 10th. Hold on, hold on,
let me get my calendar. Can you think back, when was
the window of time, when you and Mr. Hamb
were intimate. Were you having unprotected... All day, every day. DAVIS: Yes, we was. Because of me.
Because of me getting drunk. JUDGE LAKE: Ms. Davis,
Ms. Davis. Around what time were you
in this relationship, did it begin? HAMB: It wasn't
a real relationship... Since I got pregnant. JUDGE LAKE: Around the time
you got pregnant. In August. When your baby was conceived.
What was the month? Um, August...
Around August 25th. The last week in August,
is that what you're saying? DAVIS: Yes. All right, so, that's the last
week in August. Now, Mr. Hamb. HAMB: Yes, ma'am. You do agree that you were
having sex... Unprotected sex, yes. JUDGE LAKE: ...during the last
week of August with Ms. Davis. It was the whole month of
August and the whole month
before August, too. JUDGE LAKE: So. Yes. So, the whole month
of August. All right. Just circle the whole month,
all right. Now... HAMB: And before August, too. JUDGE LAKE: Ms. Davis,
Ms. Davis. When were you intimate
with anyone else? HAMB: The same time. My boyfriend. Yes,
my boyfriend. And when was that? The beginning of July, right.
July 10th around that time. That was the last time
we had sex. Ms. Davis, you are saying,
you were still sleeping
with your boyfriend in July. DAVIS: Yeah, Yes.
In the beginning of July. And then you started sleeping with Mr. Hamb
in August or late July. Beginning of July.
Beginning of July. We had sex...
The first time we had sex
was the second day we met. I was having sex
on and on, every day. And then, but you were also
having sex with your boyfriend
during that time. HAMB: Yes, and her other
boyfriend too. He broke up with me in July. So, now, you say,
Gerrale was born early. He was born in May. I conceived him
at the end of August. And I was not back with
my boyfriend, we broke up. JUDGE LAKE: And that
was earlier than anticipated? Yes, ma'am, it was. And so, that is what
adds to your doubt. That put red lights,
red beams, everything
off in my head. I was in a 50-50 situation. Like, yeah,
this could be mine, but, at the same time,
it's too early. So, you felt like,
when Gerrale was born the date he was born
was too early for the window of time
that you were sleeping
with her. Yeah, she was
spending time with me,
but, at the same time, she was spending time
with somebody else during the same time
she was spending with me. So, I can't sit up here and
say, "Yeah, I'm 100% sure
that this is my baby." JUDGE LAKE: Part of your claim
is about a baby shower. So, at some point, you had to be excited
about the baby, you had to feel like... (STAMMERING)
Let's bring up the story
about the baby shower. The baby shower,
I did not even want until
after the baby was here. Until I found out
it was mine. She went behind my back and talked to my family,
I told her not to. But, at some point you had
a baby shower. Due to the fact
that she talked
my family into it. I never... I got into it
with my family... JUDGE LAKE: Ms. Davis,
did you talk his family into giving
a baby shower for the baby? No, I did not. I didn't know
they were throwing
the baby shower, they begged me to come
to the baby shower. Because me and him,
previously, got into it,
we got into an argument. He like, "Don't come
to this baby shower" and I'm like, "You know what,
I'm not coming." The day before the baby shower
his mom and sister call my
phone begging me to come. They say, "It's not a baby
shower without you there." HAMB: They did. "We talked to Gerrale..." JUDGE LAKE: 'Cause you
still pregnant at the time. Yeah, I was still pregnant,
I was eight months. Well, yeah, you can't have
the baby shower without the baby there. Yes, I said
the same thing. But, ma'am, due to the fact,
me not knowing,
if this is my baby. <i> I didn't even want
to be around.</i> <i> So, I calmed down and said
"You know what,</i> <i> "y'all go ahead
and invite her. Let her come."</i> And Ms. Davis, you went. I went, me, my sister
and my cousin went
to the baby shower and, Your Honor, I didn't get
nothing from that baby shower. Nothing. Nothing came to me HAMB: It's not for you,
it's for the baby. Everything came to him.
The baby stayed with me. I should get the stuff
that came to my house. All the stuff went
to his house. So, all the gifts
that were given to the baby
at the baby shower didn't leave with the baby. No, it didn't. Right, because,
it was bought
by my family and me. So, you say, you showed up
to the bay shower. Because they said they really
wanted you to be there. DAVIS: Yes. And they said they would
control his mouth. JUDGE LAKE: Everybody... They said they were going
to control his mouth. Well, that's a job,
I'm trying
to do that, right now. You showed up. People brought gifts
for the baby. DAVIS: Yeah. But, then, when you left,
they kept the gifts? I didn't get nothing.
Only thing I got,
Your Honor, was HAMB: And there's a reason... Okay, can I talk? The only thing I got
was five gift cards
and a check for $45. And the basis of your suit
is that he took
all of the things that were given to the baby. DAVIS: Yes. Yes, Your Honor. I have a list of all the stuff that I didn't get. JUDGE LAKE: I'd like to see
that list, please. Jerome, please hand
that to me. JEROME: Yep. So, what types of items
are outlined in this list? Ms. Davis? Baby shower? Um, the stroller, car seat,
clothes, shoes... HAMB: But, Your Honor... ...diapers, milk, JUDGE LAKE: Bibs. I didn't get nothing. So, these are the gifts
that were presented that day? And even more than that. HAMB AND DAVIS: Yes, ma'am. So, ultimately... Mr. Hamb, you do acknowledge
that your family came, threw a baby shower,
gave gifts to the baby. But, because you say, you weren't certain
whether or not
the child was yours, you decided not to give
the gifts to her. Yes, Your Honor. JUDGE LAKE: To the baby. Yes, Your Honor.
Anyway I was gonna have
to take the gifts to her. 'Cause she had
a car full of her friends
and everything, she didn't have anywhere
to put the gifts. But, you admit you took them. HAMB: Yes. I took them to my house.
I took the gifts to my house. Did you ever get
those gifts Ms. Davis? DAVIS: No. No, I didn't get nothing. So, Ms. Davis, you're saying
the value of those gifts
was $1,500. Am I correct? Yes, Your Honor. So, Mr. Hamb, do you agree
that the value of these gifts
were about $1,500? Just about, yes. JUDGE LAKE: About? Yes, ma'am. JUDGE LAKE: All right. The point is this. There was a possibility
that she was pregnant
with your child. HAMB: Yes, ma'am... Your family stepped up and did what they thought
was the right thing. HAMB: And I did too. And had a baby shower for
a baby that might be yours. And at that shower,
they gave gifts to the baby. HAMB: Right. Keyword is gift! Once you give a gift,
you cannot take it back. At this time, based on the evidence
you presented, I have no choice, but to rule in favor
of the plaintiff for $1,500 because those gifts belong
to the baby. Okay when you say, I... You need to return the gifts or you need to
give her $1,500, which is the value
of the gifts, because you testified that that was the value, whether or not,
you are the child's father, the law is the law. So... JUDGE LAKE: And at the end
of the day, you slept with a woman, without using protection. Now, I personally think
you should be happy
and proud that you have a family that would step up
to the plate after you have acted
so irresponsibly. (STAMMERING) JUDGE LAKE: Excuse me. And still give gifts to
a child, when they don't even
know for certain if the baby is yours, 'cause they're doing
the right thing for the baby. Now, you gotta do
the right thing by the law. You either give her $1,500 or return the things. That's my ruling,
I'm done with it. Judgment for the plaintiff. Now, I often ask in this courtroom,
"Do you feel like the baby
resembles you?" No, I do not. JUDGE LAKE: You don't. No, I do not. It's quite a few guys
who I might think about 'cause all the guys
she messed with has light skin except this one guy,
he's dark-skinned. Like, I said,
the baby is
light-skinned. <i> So, the dark skinned guy,
I kinda...</i> <i> He outta the picture.
But at the same time</i> <i> she was still messing with
him, but at the same time
she was messing with me.</i> So, it's kinda hard to put him
outta the picture, too. And then I see the baby's
starting to get darker, too. (AUDIENCE LAUGHING) 'Cause he was so light
when he first came out, they had to put him
under the light. JUDGE LAKE: Okay. Mr. Hamb. You better go on ahead
and present some evidence. What do you mean? JUDGE LAKE: Bottom line... Because, that entire testimony
that you just gave
about the color of the baby and he's browning up. HAMB: I'm just saying like... You do understand that children are born
in various colors, shades, do you understand? HAMB: Yes, ma'am. Especially
as African-Americans,
you understand. But the baby also gonna look
like one of the parents that baby don't look like her
and it don't look like me. JUDGE: Okay... So, it must look
like the father. (AUDIENCE LAUGHING) These results were prepared
by DNA Diagnostics and
they read as follows. In the case of <i> Davis v. Hamb,</i> pertaining to two-month-old
Gerrale Hamb Jr. It has been determined
by this court, Mr. Hamb, you... ...are Gerrale's father. Like, I said, I don't have
no problem with stepping up,
but at the same time, I can't be
in this child's life if she's trying to control me
with this child. It has been determined
by this court that you are this child's
biological father. Which means, as a father, you have rights. You have... Listen. But, ma'am. Stop talking so much
and listen. You have to take care
of this baby financially, but you also will have
the legal right
to see the child. If you all
can't work together, then, you will have recourse, in your home state,
to go to court and fight for visitation
and a chance to help
to raise your child. Ms. Davis, you have
to let him be a part
of this child's life because it's his child. I never kept him
from this baby. I never kept him one time
from this baby. HAMB: I just... Never. Never, he always get mad. And he never wanna
come get the baby. He come see the baby
for an hour or two and leave. We are not gonna
solve this today and that's why this court
has resources for you and I want you
to take advantage of 'em. You all need
to talk to some people. You need to figure out
where you all are at
in this process in terms of your relationship and how you're gonna be
able to co-parent together. I'm done with it,
the court is adjourned.
