You may be seated. Hello, Your Honor. Hello. This is the case of<i>
Cavanaugh v. Spence/Scott.</i> Thank you, Jerome.
Good day, everyone. AUDIENCE: Good day! Miss Cavanaugh, you appeared
in our courtroom previously and tested two men
as potential fathers <i> of your one-month-old
son Malcolm.</i> <i> Yes, Your Honor.</i> JUDGE LAKE: <i> Unfortunately,
neither turned out</i> <i> to be his biological father.</i> AUDIENCE: Oh! Yes, Your Honor. JUDGE LAKE: Now, today, you believe
Malcolm's biological father is a good friend
of your mother's, the defendant, Mr. Spence. (AUDIENCE GASPING) Yes, Your Honor. Mr. Spence, you're a friend of Miss Cavanaugh's mother, and say her daughter made
several attempts to have sex with you. Then, after a lapse
in judgment, you admit you did
sleep with her. Now you say there's a chance
you could be Malcolm's father. Miss Cavanaugh... Yes, Your Honor? Your mother's friend? Yes, Your Honor.
I... I know how bad it sounds. Um, it is bad. I started calling him up
asking him for rides to the grocery store,
to get stuff for my house. Like, subconsciously, I was
trying to seduce him. (AUDIENCE OOHING) I was wearing inappropriate
things around him. And why were
you doing this? In all honesty,
I was drinking a lot. I was drinking a lot. And I don't know
if I did it, for, like, you know, a challenge or because I was
wanting attention, it was just... It was just
something that I did that was really stupid
of me at the time. (AUDIENCE AGREEING) JUDGE LAKE: And, so, was he just a friend
of your mother's or did you know whether or not he was intimate
with your mother? That I do not know of, I just know that
they were really good friends. Like, that's all I know. JUDGE LAKE: Mr. Spence. Yes, ma'am? Can you enlighten the court on the nature of
your relationship with Miss Cavanaugh's mother? It was like she said,
we were just friends. We've been friends since
the first time we met. So it was never a
sexual relationship, ever? KEN: No. (AUDIENCE MUMBLES
IN DISBELIEF) That was not that believable,
but, I'm going to move on. (AUDIENCE LAUGHING) I'm going to
move on. (LAUGHS) How did you end up
being in the position that you were sleeping with your really good
friend's daughter? It was like
she said, uh, came over
a couple of times, she was in
inappropriate gear. The first time
I shunned it off, the second time, I said, "Hey,
watch yourself." Third time, "You're
starting to look good." Fourth time... Fourth time... Lapse in judgment
and here we are today. Wow, so how many times
were you intimate with her? KEN: Once. Just once? Just once? Just one time,
Miss Cavanaugh? Your Honor, I do not
believe it to be once. It was at least twice. But that's just
how I remember it. And now we have Malcolm. One month old. AUDIENCE: <i> Aw...</i> JUDGE LAKE:<i>
And your mother's friend</i> <i> could be his
biological father.</i> Yes, Your Honor. JUDGE LAKE: So,
as you look at Malcolm, do you see Mr. Spence,
any resemblance? Um, I see a little bit. But from being
in court previously, I found out that you can't
always go on looks at all. JUDGE LAKE: Absolutely not. So when you found out
you were pregnant did Mr. Spence's name
come to mind immediately? Um, no, Your Honor. It really was like... I thought Mr. Bowles
was the dad. <i> Well, after the court,</i> I started thinking, "Well, "it could be a possibility "that Mr. Spence
is the father." <i> And I texted him
and I asked him,</i> "When was the last time
we had sex?" He told me it was
the end of October. JUDGE LAKE: And when
was Malcolm born? He was born July 9th. So when you do the math
on that, that's... Yes, Your Honor. About the window
of conception. Yes, Your Honor. JUDGE LAKE: I think we need
to hear from your mother. Ma'am, please stand. (LAUGHS) Hello, Your Honor. JUDGE LAKE: Welcome back,
Ms. Cavanaugh. I have to ask you, how did it feel to learn
that your daughter was sleeping with
your very good friend? It was very devastating. Just because the relationship
was inappropriate I felt betrayed. Actually, when
we were together, like, all in
the same room, I noticed them looking at each
other a little differently. You did? Yeah. I knew, my... Your woman's intuition. Exactly. So I questioned
each of them, they each denied
that anything had happened. Then, basically,
how I found out, one day Meagan was
angry with me, we had kind of a little
tiff, or whatever... It was kind of a big tiff,
but when we did, she blurted out, that,
"You were right, "and I did sleep
with Ken." Really? He eventually did come clean and
tell me the truth, and... He told me the same story
that he told you today,
Your Honor. That was she
coming on to him. Ma'am, I'd like
to hear from you now. Please stand as well.
Yes, and step
to the podium. Thank you. MORGAN: Thank you. Hi. Hi. You are? I'm Meagan's sister. All right. Okay. And what do you know
about this situation? Okay, I know my mom
and him had a best friend connection. And one day
me and Meagan
went to go meet Ken, it was just
me and Meagan. And she was, like,
getting something from him, I think it was, like,
some money or something. And Meagan told me, she was,
like, "Don't tell Mom "that I was
intimate with him." And then I went to go... Because my mom was wondering, asking Meagan questions
and Meagan was denying it. Mmm-hmm. But that's my mother.
I'm going to tell my mom. So I come clean.
That's how my mom found out that they were intimate,
it was because of me. I do admit that I
did come on to him and it was probably
really a strong come on... JUDGE LAKE: You did
admit that in court. But he is
a grown man. He could have
told me no. It goes both ways. What would you like
to add, Mr. Spence? First of all, I didn't mean
for this to happen. Yes, I got weak.
Yes, I am a man. Yes, I could have
told you no. I told you no thrice. (ALL AGREEING) As far as the baby
being mine, I don't know, that's why
I'm here to clear this up. So, Mr. Spence,
let me ask you this, are you in
a relationship? KEN: I'm married. (AUDIENCE GASPING) JUDGE LAKE: Okay. Mmm-hmm. Now I do understand why you're hoping
he's not your child? That's not what I'm hoping. What are you hoping? I hope he... I hope for the truth. <i> If he is my son,
like I told her,</i> <i> I'm gonna be there.</i> JUDGE LAKE: Why exactly
do you have doubts? My doubt is, first of all,
it was only once. Um... The window of conception
that she describes... I'm there. Baby born in July. I'm there. Yeah. JUDGE LAKE: So you're within
the window of conception? I am in that period. You don't dispute that? I do not dispute that,
that's why I'm here. All right. That is why I'm here. Do you have any knowledge
as to whether or not she was sleeping with
other people during that time? Yes. Yes. She told me. Oh, so she told you. Yes. What did she say? I'm sleeping with
other people.
I've got a boyfriend. JUDGE LAKE: Oh. Which was Mr. Bowles
at the time, Your Honor. JUDGE LAKE: Understood. Yeah. But we also know
that there was Mr. Scott too? MEAGAN: Mmm-hmm.
Yes, Your Honor. JUDGE LAKE: <i> He's been
tested and he's here.</i> So, describe your
relationship with Mr. Scott. MEAGAN: I was hanging out
at the pool one day, <i> I met him, he told me he
had a girlfriend and kids,</i> <i> and all this other stuff.</i> So we didn't
do anything the very first night,
we just drank a little bit,
got to know each other. Second night, we hung out and, yes, we did
have intercourse. And that went on for,
like, maybe a week or two. And we wore condoms
every single time, except for one time. We got very intoxicated and that's how
that night happened. JUDGE LAKE: And so this
was also during the window of conception? MEAGAN: Yes, Your Honor. So, Jerome, I'm ready to meet Mr. Scott. JEROME: Bring you up
to the witness stand
next to the judge. All right. JUDGE LAKE: Hello, Mr. Scott. Thank you for
joining us today. Nice to meet you. We understand that you had a sexual relationship
with Miss Cavanaugh? ELLAERY: Yes, ma'am. And it was during the window
of conception? Do you agree with that? Yes, ma'am. You were not
using protection? I used protection every time. I don't recall
not using protection. JUDGE LAKE:
So, you don't recall. She says there was an instance
when you did not, right? Yes, Your Honor. JUDGE LAKE: And you say
there was no instance? No, ma'am. I don't believe
that Malcolm is mine. You don't? I don't. JUDGE LAKE: Have you seen
a picture of him? ELLAERY: Yes, ma'am. I mean,
I've seen a picture. She sent me a picture. My mom seen the baby and said
the baby looks like me. I mean... AUDIENCE: Hmm... This is my baby picture. Let me see. This is your baby picture. ELLAERY: Yes, ma'am. KEN: <i> Oh, there we go!</i> JUDGE LAKE: <i> Along with
Malcolm's baby picture.</i> <i> Your mother says when
she saw the picture,</i> <i> "He looks like you"?</i> Yes, ma'am. You don't see it? I mean, I see the jaws
and the head, but you can't really
just go by the looks. JUDGE LAKE:<i>
Have you met Malcolm?</i> <i> Have you bonded with him,
been a part of his life?</i> No, ma'am, I mean
I'm just now hearing that, you know, she had
a baby a couple weeks ago when she texted me and said, "I need you
to take a DNA test. "I had a baby
on such and such..." Your Honor, the first time
I told him I was pregnant was when
I first found out. And he told me
there's no way that's it's his.
No way. And we never talked
after that, ever, until a week or two ago when I found my old phone
trying to look for people that, you know, I was sexually involved with and I found his number. JUDGE LAKE: And, so,
these are the last two possibilities,
Miss Cavanaugh? There's one more,
Your Honor. (AUDIENCE GASPING) MEAGAN: Your Honor,
when I said I was highly intoxicated,
I was going through a lot. I was going to work drunk. ELLAERY: She was
always drinking. Yeah, everywhere. If something bad happened
to me, Your Honor, I would want a drink. If something good happened
to me, Your Honor, I would want a drink. So let's get
one thing straight. You know you can't
drink your problems away? MEAGAN: Yes, I found out that. And you see that? Yes, it creates
more problems. JUDGE LAKE: You didn't drink
any problems away, you just created
more problems. A lot. And since you are a mother, to a brand new, innocent baby, this court's going to require,
no matter what the result is, that you get some counseling, that you get some help as
it relates to that drinking. Yes, Your Honor. Do you understand? Because you can't do that. I know. That's no way to live. Mr. Scott, I have to go back
to you, because at the point you found out
Miss Cavanaugh was pregnant, how were you notified? I mean, she texted me,
at, like... It was, like, 5:00,
6:00 in the morning. She just said she needed me
to take a DNA test, then, you know,
I agreed to it. And here we go
right here. And so if Malcolm
is your biological child, are you ready
to step up? What are your intentions? Yes, ma'am. You know, I'll take
full responsibility if the baby's mine, I'll be there. I mean, there's no more
I can, you know, say. It'll be my baby. Jerome, I think it's time
for the results. (AUDIENCE APPLAUDING) Are you okay? These results were prepared
by DNA Diagnostics and they
read as follows... In the case of<i>
Cavanaugh v. Spence/Scott,</i> when it comes to
the paternity of one-month-old
Malcolm Cavanaugh, Mr. Scott... ...you are not his father. (AUDIENCE APPLAUDS) Are you ready for
the next result? Are you okay? It's okay. I'm just nervous. I know I made mistakes
and I can't change them. MICHELLE:
It's okay, all you can do
is go forward. (MEAGAN EXHALES) Ms. Cavanaugh, you said Mr. Spence and you
were best friends. How will this
affect your friendship if, in fact, he is
the biological father of your grandson? I mean, at this point... When I first found out
I was upset, just because they were
so dishonest with me. But, at this point,
I want her to have help. I love my daughter
regardless. And he's a great person, I'm sure he'd be
a great father. It's not the ideal situation
or whatever, but Malcolm needs a dad
and Meagan, you know, needs someone
to help her raise her son. I'm sorry it wasn't you. It's all right. In the case of<i>
Cavanaugh v. Spence/Scott,</i> when it comes to the paternity of one-month-old
Malcolm Cavanaugh, Mr. Spence... You... In the case of<i>
Cavanaugh v. Spence/Scott,</i> when it comes to
the paternity of one-month-old
Malcolm Cavanaugh, Mr. Spence, you... ...are not his father. (AUDIENCE GASPING) It's okay,
it's going to be all right. Miss Cavanaugh,
we back here again. MEAGAN: Yes, Your Honor. I know this isn't
where you wanted to be. It's okay. I never wanted to be this person, Your Honor. You know what?
Look. Look. Yes, you've done some things
you're not proud of. MEAGAN: I can't... Moving on, as I say in this courtroom
all the time. Right? Right, Your Honor. And your baby's
counting on you. Mom, sister, I commend you
for just standing with her. It's not easy. We're so close,
no matter what, nobody could stop that. And I want you to do
what you need to do.
All right? I wish you all
the best of luck. We do have counseling
resources, we want
you take advantage of them. And court is adjourned. Jerome, please let me
see Miss Cavanaugh. MICHELLE: Thank you,
Your Honor. JEROME: Come right here.
Come here. So, we're back. Yeah. This is what it is. I don't want you to
have a pity party and start drinking
and having sex and, you know,
if you need to talk
to somebody, you've got your mother,
you got your sisters. Don't do
anything destructive. Okay, honey.
Best of luck for you. Thank you so much. Thank you. All right. (AUDIENCE APPLAUDING)
