Hello, Your Honor. Hello. This is the case of<i>
McRae v. Moore Moore.</i> Thank you, Jerome.
Good day, everyone. AUDIENCE: Good day. Mr. McRae, you claimed
the defendant led you
to believe you fathered her daughter D'Myracle
for ten months. Until she abruptly
changed her tune and
told you that you are not... The dad. You are
here to prove... What you've always known
that D'Myracle is your baby. Is that correct? Yes, your Honor. Ms. Moore, you say, you are positive the plaintiff
is not your daughter's
biological father. Your husband, Mr. Moore is. And you plan to prove it
today, is that correct? Yes, your Honor. Mr. McRae, you haven't
seen your daughter in
almost a year and half? AUDIENCE: Wow. That makes you emotional
just to see her, Mr. McRae? I haven't seen her
in a year. That's my world right now.
That's all I've been
thinking about. I can't have a good
relationship with a female because that's all
I think about. My focus is on her. She's so gorgeous. Yes she is. And the more I look at her.
She looks like me. I don't think so. Mr. McRae, until she was
ten months old, you... Were her... Father. Father. Yes ma'am. Tell me about that. I changed her.
I played with her. I fed her and...
I just missed that. I want something that's my own
and she knew that. He did not change her. He never changed the baby... No, he did not changed her
because he was like, he's
not gonna change no girl. He did not change her.
He didn't play with her. Were you all
in a relationship. When you got pregnant? No, we had broke up. When I got pregnant. Your Honor,
I beg to differ. I was at every doctor's
appointment except for one. The one I missed
'cause I had to work. But we walked to the hospital. Your Honor,
that's a lie. No. When she was pregnant
because... That's a lie. When I got pregnant
I told him, I did not
want him at the hospital. Or nothing... Told him that I had
nothing to do with him I have been telling him,
like, I work late. On purpose, so, I won't
be home with him. I don't understand this. You say, you were
avoiding Mr. McRae. Yes. But he says,
he is very present. Was he at the hospital? He only was there
one doctor's
appointment that was it. I told him, I did not
want him at the hospital. So, Mr. McRae, what was
your understanding
of this relationship? She said, you broke up
when she got pregnant. Did you feel like
you were in a
committed relationship? Yes, we were together
for four years. Oh! And we met on Facebook.
We decide to hook up. First two years
it was good. And everything, then after
that it started getting... Bad and all the other stuff. Catching him cheating
and all the other stuff. I just had to let it go
'cause last two years... He tried to be
a father figure to me and tell me what I should
and should not do. I cannot go here.
I cannot go there. Huh? And like... One night, I worked
late, he was like,
"Where was you at?" I'm at work, like,
I'm with my clients. JUDGE LAKE: So, you started
feeling suffocated
in the relationship? Yes. Wow. All right, and so, in your
mind Mr. McRae. Did you think this was
a good relationship? Like she said,
the first two years
were amazing. I want to be with her
for a long time. But we had our
ups and downs. When Ms. Moore told you
she was pregnant. What happened, take me
back to that day? When she was pregnant. And she told me
she was pregnant. I just looked in shock,
like, uh, what? Really? Why, were you
having sex? Oh yeah, almost... Were you using protection? No. Well then, why
were you so shocked? Because I was told... I wasn't able
to have children. You were told,
you were not able
to have children? Yes. Okay. We did not have
sex that much. We really didn't, like... I'm being honest. The four
years we've been together.
We probably have sex like three, four times
that's it. AUDIENCE: Ooh! We did. Oh! Yes. Okay, well, it only
takes once. Yeah, that's true. So, Mr. McRae,
you're saying
that's not true? Oh, that's not true. Because when
she was pregnant,
I was pregnant. She was getting big,
I was getting big. He didn't gain
no pound. I... She crave
weird food.
I crave weird food. We made stinking peanut butter
one day. I liked it. I don't
like it now. Wow, those are
some cravings, so... Mr. McRae, you felt
like you were in step right with Ms. Moore
during this pregnancy. Yes ma'am, I signed
the birth certificate. Is that evidence you'd
like to present. Jerome,
let me see that, please. No, I told him not to do
and he did it anyways. After I said, I did not
want him... Wait a minute... This is... Let me
see what this is. This is the certificate
of birth. Yes. Child's name,
D'Myracle Cerenity McRae. Father's name
Emmanuel Davis McRae. That's my name
last time I checked. And so, you are
the legal father listed
on this birth certificate. Yes, your Honor. At the time
you sign this do you had... You had
no doubt you were the
biological father? I had no doubt. So, Ms. Moore, why
is his name listed
as the legal father on her birth certificate
if you say you knew he was not
the biological father? Because I was drugged
up in the hospital.
He had signed the papers. Wait a minute, he's at...
Why is he even
at the hospital? I told him not to come.
He said the only way
he will leave... <i> If it's through a body bag
or if a police officer
come and get him.</i> So, I don't understand
what's going on here. Now, you're in a relationship. During the window of time
when D'Myracle was conceived. You were in a
relationship with Mr... No, we just broken up.
When D'Myracle was born
we just broken up. Not born, conceived. Conceived, yes. You were in a relationship
with Mr. McRae? No, when she was conceived
we was broken up. The month of September
when I got pregnant. We was not together. So, you knew in your mind.
You felt like you knew that Mr. McRae was not
her biological father. Right, my husband
is the father. This is interesting
because Mr. McRae
arrives at the hospital believing he's the biological
father of the child. Yes. You sit there. You wait
through the birth. Do you participate
in the birth? Yes, I cut the
umbilical cord. You cut the umbilical cord? Yes. Yeah, he cut it but
he was in his... On a side. Wait a minute Ms. Moore.
Now, hold on. 'Cause I know, I've been
a mother in a hospital. Now, if this is
not your husband.
You weren't married to him. Right, and you say,
you didn't believe he was the biological
father of this child. He said, he wasn't leaving
unless a body bag
took him out or security. Right. Well, then why wouldn't
you just call security? 'Cause I was already
drugged up. They had epidural in me
and everything. 'Cause I won't be able
to remember anything,
'cause I was in so much pain. We were living together. But my point is, it sounds
like to me, you allowed him
to go through this process. You say, your husband
is this child's father.
Why wasn't he at the hospital? Because he was going
through somethings then. And he couldn't
really be there. If he'd been there...
Emmanuel... Mr. McRae would not
have been there. And I was already... So, Mr. McRae... We were living together. So, when you went
into labor and went to the hospital,
you all were living together. You and Mr. McRae? Yes. At what point did you
even have a clue that this now husband
was a potential
biological father? I had no clue till
I left, Akron, Ohio. Because... He left Akron, Ohio,
because I put him out,
I was tired of him. This was after D'Myracle
was born? She was ten months old
when I left. No, she was three months. When she went
to the hospital.
She went to have D'Myracle. She was living in
with you? No, I was living with her. I put him out. And you were ready
for him to leave? Yes. Because at that point
you said in your mind... This is not my child's father. Right. Okay, look at this photos
submitted to the court. I mean, this is this
beautiful baby <i> and it looks like she's</i> <i> doing the airplane
with her daddy...</i> She threw up on me
after that. (LAUGHS) That is definitely a
consequence of
the airplane. That daddy's often learn. But this is
a beautiful picture. Thank you. Now, Ms. Moore,
at this time when this
picture was taken. Have you told... She took the picture. Mr. McRae that D'Myracle
was not his biological child? Yeah, I told him,
he still wasn't leaving, he... He say, he had
a bond but he just
wanted to be with me. And I do not want
to be with him. But how did he
even get in? My grandmother. So, who took
this picture? Not me. I didn't take it. I don't know what it was like. It's just crazy how
he just got a hold
of the baby that's not his. Well, he thinks it is his
because you all were
in a relationship. During the time,
when she was conceived. And you are in a relationship
pretty much almost to
the point she was born. WOMAN: Right. Now, here's another photo. I love that photo.
Her cheek's so fat. <i> So, Ms. Moore...</i> How did he get with
D'Myracle again? So, again somebody else
let him play... I let him on this one. She took that picture too. Yeah, I did take
this picture. I let him get in
on this one right here. So, he can get his stuff. So he can leave. I ain't got nothing of mine. So, you let him in the house
to get his things. Yes. But you also let him
play with the baby. Yeah 'cause he wanted to play,
so, I was like go ahead. Like I don't...
I really don't want him
around her then neither. 'Cause I already knew
he wasn't her father. So, I already feel bad
for doing this. What was the circumstances
surrounding this picture.
Do you remember Mr. McRae? How did you get in the house? I was living there. No, he is already out. Did you live in the home
during the time... After D'Myracle was born? Yes. You live in the home with her? Yes. No. How old was D'Myracle
when you got kicked out
of the house? She was ten months old. After she kicked me out,
she moved the other guy in. The day of
she kicked me out. Not the very next day.
The other guy is my husband and I knew him
since I was five years old. I never seen his face until,
I got kicked out. Well I want to see his face
now Jerome, I want to hear
from this husband. JEROME: Okay. Sure. Can you please escort him
into the court room? Hello sir! May I have you go stand
there with your wife. Go ahead and move
the other side. Thank you for joining
us today. Mr. Moore, do you believe D'Myracle is your daughter? Of course your Honor. Man you can just look at her,
I mean you all
ain't nobody blind. You know, no offense. So, during the time, D'Myracle was conceived,
you were aware that she was also in a
relationship with Mr. McRae? Yeah, they was
living together.
That was their thing. Exactly, my point,
so, we're trying to
figure out if that thing. Hmm-mmm. Produced this
beautiful baby. That's what we're
trying to figure out. Were you in a relationship
with Ms. Moore
at the same time? But you were having sex,
so, you're saying, you were
also intimate with her during the window
of the time that
D'Myracle was conceived? That's nasty. A possibility. Actually, me and Jamal
actually were seeing
somebody else. And when we was
like being friends
or whatever. I was not with McRae when... Me and him
was hooking up. So, your now husband
was seeing somebody else. Right. At the time. That's nasty. But it wasn't...
It wasn't like that, like... He was going through
his thing and I was
going through my thing. So, our relationship
wasn't good at the time. He broke up
with the other girl? Right. And then you all resume... Resume or kindle
our relationship. <i> And it is your testimony
that it's during that
window of time...</i> When D'Myracle was conceived. Right. How old was D'Myracle
when Mr. Moore,
when your husband broke up with the other girl? Three months. So, at that point... Did you bring him
into her life? Like, did you say
three months old? Yes. <i> But then Mr. McRae was still
living in the house with you
until she was ten months old.</i> Yeah, then I put him out.
Like, I kept putting him out. He kept coming back
like he would not leave. Look, if you think
a child is your
biological child, you would be saying,
"I'm not leaving
my child either." Even if my daughter
was not there.
He would still came. So, at that point
when you got put out. Did you have all your things? No, I had nothing.
I had to come back. For the stuff. Actually... He came knocking on my door
and got his things. That ain't wrong.The TV. And I gave it to her and
she stopped me herself. And, she was like,
yeah, that baby
is your husband's. Okay, so, Mr. McRae,
did your family ever
come and tell you, "We don't think
that's your baby." Yes. Okay. Yes, your Honor. But that did not sway
your belief... Because I know for a fact.
I know, I know. Everyone was telling me.
People that didn't know me,
people that did know me. I don't care what you
all think 'cause you all
wasn't there when I was there. You don't know
what I was going through. So, I'm gonna believe
what I believe. I mean when you cut
a child's umbilical cord,
when you are there, at the birth of a child
and you think that
child is yours. You formed a bond whether
anybody likes it or not. WOMAN: Right. You formed a bond! Because when the baby
was born. I looked... And when the baby
came out of that. And that's all it...
That's all she wrote. Under the law, with
your name listed
on her birth certificate you are the legal father. <i> Which means you have
legal rights to see her.</i> You have a legal
obligation to provide
for her financially. You came here and
brought this case today to prove you are
her biological father. Which really can put
your entire standing
in jeopardy. Because if it's determined
today that you are not
her biological father you then leave room
for Mr. and Ms. Moore
to go to court. And have you removed
as legal father. Yes, ma'am. But it's important to you, to have it established that
you are also her
biological father. That's why you're here today. Yes. Mr. Moore, what would
you like to add? If... I'll write my name.
Okay, my biological name. On the certificate. Now, mind you, you say,
there's supposed to be
a mutual agreement, right? I wake up from being
on anesthesia. And then I see a whole,
another man's name. Aside from just the fact
that the last name that I
want her to have of mine. On this piece of paper. Let me say this Mr. Moore,
and is your wife
and you love her and I'm glad you are
in a relationship. Okay. But Ms. Moore,
you're not foolin' me. I don't know where
you were but I know
you were in a relationship when this baby was born. I've been a woman too long.
Since, you have not cut
the cord on your relationship she let him cut the cord
on the baby. And that's really
what happened here. What was goin on was
she wasn't sure you were
going to leave that woman. WOMAN: Come on. And so, sit, no hold on. She wasn't sure... Hmm. And until she was sure
she led him to the water
and let him keep drinking. This is clear as day
from this seat. Okay. And so, at this point,
all we have left to get
down to the bottom of this are the results, Jerome,
I'm ready for the envelope. (APPLAUSE) These results were prepared
by DNA Diagnostics and they read as follows. In the case of<i>
McRae v. Moore Moore.</i> Pertaining to whether
Mr. McRae or Mr. Moore is the father of two year old
D'Myracle McRae. It has been determined
by this court... The biological father is... Mr... Moore. Mmm-hmm. He is the biological father. Yes ma'am. Can you accept that? I can accept.
It hurts. I know. I gotta move on.
She's still pretty to me. Of course she is. Because when I was
in foster care,
I didn't know my pa... I don't even know
my dad if he walks
in this room right now. And for her, to be confused
and not know who her dad is. And me being there
getting that bond with her. It...it brought a smile
to my face. As you move forward
you will also have to... Get my name off the
birth certificate. ...Find the legal resolution that will serve D'Myracle. So, Mr. McRae, I'm sorry
this day did not go
the way you had hoped. With this child you broke
a generational curse. That affected you
where you said,
you had no father. You attempted to be present
in this child's life. So, that curse
would be broken.
And that's a good thing. I wish you all
the very best of luck. Take care of that
beautiful baby. Court is adjourned.
