You may be seated.
Hello, Your Honor.
This is the case of Fleming v. Jemison.
Thank you, Jerome. Good day, everyone.
AUDIENCE: Good day.
JUDGE LAKE: Miss Fleming, you are suing the defendant
for fraudulent misrepresentation
because you say she deceived you
and your son, Calvin,
into believing her daughter Aleana is his child.
You've petitioned the court for a paternity test
and are asking the court to award you $500 in expenses.
Miss Jemison, you admit
you slept with another man around the time of conception,
but you are certain Miss Fleming is your child's grandmother.
Yes, Your Honor.
Miss Fleming, why is it so important for you to get a DNA test done today?
Your Honor, it's so important to me, first of all, because
I love Adreana and I love Aleana.
I love Aleana with all my heart and
we want to as...
My family needs to know.
We need to know the truth.
My son has asked me several times.
He explains that he does not want
his family to not be certain.
So, that is why we're here today,
and there have been several things that have taken place,
and Calvin needs to have this tests.
He's written me letters saying that he wants to know.
So, I have proof here.
I would like to see that proof.
Jerome, would you hand me the evidence, please?
JUDGE LAKE: And this is?
That's a letter from him, Your Honor,
that he sent me last month,
stating that he wants to have this test taken.
So it is not just me.
The letter reads, "I want a DNA test as soon as possible
"because I love Aleana to death and I really don't want this to get any deeper
"than it already is.
"So if there's any way I can get it done,
"I would really appreciate that."
Yes, Your Honor.
So, he is unable to have the DNA test now?
Yes, ma'am. He is unable.
JUDGE LAKE: Because he's in jail.
FLEMING: Yes, he's incarcerated.
And so, we were able to perform a grandparentage test.
Um, to be able to get you some answers today.
So, what is your relationship with Aleana right now?
When all of this stuff first came out,
when I found out that my son
could possibly have... Be having a child,
I wasn't certain, um,
Adreana was very honest
about the fact that she wasn't 100% sure.
So, we kept our distance, but
as we've gone through,
and she's here, and she's born,
and we've have reason to believe that she is ours.
I've spent time with her, and gotten very close to her, and I do love her.
JUDGE LAKE: And so, Miss Jemison.
Yes, Your Honor.
Do you believe there's reason to doubt, at all?
Yes, Your Honor. I do believe that...
Well, please tell the court about that.
I was with somebody else.
The other guy was a one-time thing.
Calvin was, basically, staying with me.
JUDGE LAKE: You really believe
Calvin is the father.
Yes, Your Honor.
I really believe that he is the father.
There's no doubt in my mind that he's not that the father of Aleana, at all,
and I know because my daughter was born with a sixth digit,
and that the extra digit is...
FLEMING: Your Honor...
...genetically passed from
the father's side of the family.
Your Honor, I'm a nurse, and I'd know that it can't
just be on one side of the family.
His grandmother, my son's grandmother
is a female, and if she passed the gene on to her family,
how can it only be passed by a male?
I know that there is, it cannot just be passed on one side.
There's also other reason, with the extra digit for me to believe that
this may, possibly, not be a genetic trait from my son,
because we were in the delivery room
when Adreana was having the baby,
and one of her family members says to me,
mentions that she has a sibling that has the same,
that was born with the same thing.
But he was, he has a separate father.
Me and my brother do not share the same father.
JUDGE LAKE: So, what, you found out
that there was a sibling that also had a sixth digit?
And so, that, then
fueled your doubt more.
Yes, it did. It was a whole different her
after she heard that from them.
And so, when you initially heard about this sixth digit,
that made you believe that the child...
...was your son's?
Because you knew that was a family trait.
Yes, and I allowed myself to feel whole-heartedly,
and I did not restrain my feelings from that point on,
because I felt like this was my granddaughter...
So that was your moment where you said,
"This is his son.
"I'm this child's grandmother.
"Let me jump in,
"Let me get involved."
Right, because my son wasn't there,
so I felt like I had to be there for her,
because he's not available.
JUDGE LAKE: That is admirable.
And, Your Honor, I have evidence here. I was very excited about the baby.
I brought, on her cake for the shower, I put, "I can't wait to meet you, Aleana."
I'd like to see that evidence, Jerome.
I was very excited that she was coming.
She was excited.
I'm not saying that she wasn't, but...
JUDGE LAKE: And you were truly excited?
FLEMING: Yes, absolutely.
JUDGE LAKE: You were going to be a grandmother.
You'd heard about this trait.
You said, "Okay, this is my son's child."
But there's more traits that leads to, it's his daughter.
She's born with a lazy eye.
My daughter has lazy eye.
And I did notice, a while ago,
that Natasha had a lazy eye
in the same, exact eye,
and it's the same thing.
And my daughter was born with dimples.
His grandmother has dimples.
I don't have dimples, but I don't know where the dimples come from.
Right, I don't know where...
His grandma was born with dimples.
The other guy don't have dimples. He don't have an extra digit.
He don't have any of that.
It's, it's more that leads to Calvin. My daughter is very long.
Calvin is very long and very tall.
She is very light-skinned.
I am light-skinned, but I'm not as light as how my daughter is.
JUDGE LAKE: Beautiful little girl.
So, I just know that that's his baby, and
with the sixth digit, I asked the other guy about it,
he told me, "If something's wrong with your baby, that don't run in my family."
Once I heard that, I just called Calvin and I asked him.
I said, "Does anybody in your family has an extra digit?"
He says, "Yes." Then, later on in the evening,
his mom called and said, "Your grandma has the same exact digit.
"In the same, exact hand. In the same, exact spot."
JUDGE LAKE: Really?
That's exactly where her extra digit is.
Same, exact hand. Same, exact spot.
And I've been with Calvin for two years now,
on and off, messing around with him,
and I just know that that's his baby.
I don't see the resemblance. The baby looks
just like her mother.
I do. I see the resemblance.
She does look just like me, but she does has features that points to him.
JUDGE LAKE: Miss Fleming, you've brought a witness
I'd like to hear from her. Please stand, ma'am.
State your name.
Marquya, you are...
JUDGE LAKE: All right.
And so, ma'am, what do you know about this situation?
Let me first say that me and my brother are the closest out of all of my siblings.
You know, we're only 18 months apart.
So, you know, he was calling me, and things of that nature,
and I would come get him and Adreana, if he needed me to.
So, I know that he was with her, at times,
but I've heard rumors in the beginning,
not even from him,
saying that, you know, she was loose,
and I know her.
I was not loose.
I was not loose. I was single.
I know for a fact,
I don't know why she's so adamant,
because she states herself
that she's slept with other people.
I slept with one other guy.
So, where does the...
Where does... How do you...
Yes, not other people
just one other guy.
Okay, it takes one time to...
You're saying he didn't want to be with her for specific reasons. What reasons?
ELLIOTT: She did have a boyfriend and she was still dealing with him.
No, me and my ex-boyfriend were long over with
You broke up. You broke up...
I broke up with my boyfriend for Calvin.
Okay, so you were messing with him.
I wasn't messing around with my ex-boyfriend anymore.
It's no way that it's his, at all.
ELLIOTT: I know for a fact, the day of the conception, you had sex with someone else,
and that he was with other people, or she was with other people...
It's just very messy.
So it was like an open relationship with no commitment.
Both were sleeping with other people...
they were best friends.
FLEMING: Yeah, they were friends.
ELLIOTT: And if she's getting pregnant by her best friend, then, who knows...
Before all this happened, Marquya knew nothing about me.
She didn't really know me.
She just heard hearsay.
I never really conversated with her.
And it's still like that, to this day, because
I... It's just
tension and animosity between each other because of what she's heard.
So, she never really liked me.
But once she wrote that, "I can't wait for her to get here."
I was kind of, you know, excited, like,
"Okay, Marquya might come up to see her when I had her."
Marquya was nowhere to be found. She never came up there.
She never texted me congratulations
but she was on Facebook saying she couldn't wait for her niece to get here.
Okay, I said that. But then, after that, at the hospital,
when my mom was there until 3:00 in the morning with you.
Your mom was there with me.
I'm very appreciative of your mom being there with me.
I'm not saying...
Let me speak.
She went to...
She went to work the next day
sleepy as ever. She's doing all of this, and she calls me, crying,
saying that she finds out that her sibling had a extra finger also,
and this was something that, I believe, that she was told.
I don't believe that...
JEMISON: I was not...
Listen, listen, ladies.
I'm sorry, Your Honor.
Marquya, what you're saying is, you believe she always knew
there was a family member on her side
that also had the sixth finger.
Yes, I think that is...
But was hiding that information
With the sixth digit, I just know that that's his baby.
Miss Fleming, in that moment,
when you heard about her family member also having the sixth finger,
that was the moment you began to doubt.
I had everything in me that it took
She was so...
to stay there
She should. That's good. That's okay.
the whole time, because I was like, "What do I do?"
"Do I stay or do I go?" And now it's, I'm back at 50-50 again.
So, when the baby's born, I'm looking, I'm looking for anything,
I'm grasping for straws. "Does she have his fingers?
"Does she have his toes? Does she have anything?"
But I can't find anything.
So, the very next day,
I went up to the hospital and I sat down,
and I told Adreana and I talked to her mother,
and said, "We're going to have to do a DNA test."
I'm a very black-and-white person.
I can't deal with gray.
I can't not know, and it's not fair to her. She's beautiful.
She has to know.
It's not right.
JUDGE LAKE: You submitted a statement from your son.
It reads, "No one on my side side of the family sees a resemblance in Aleana.
"So, there's a very high doubt that she's not mine.
"I don't really know, but I strongly believe
"and want her to be mine. I love her.
"I just don't see a future with her
"if Aleana is not mine."
"Her" meaning Miss Jemison.
He doesn't see a future with Miss Jemison if Aleana is not his.
I think he'll have a hard time
getting over the fact that she's not his.
He wants nothing more. He wants nothing more.
He really and truly wants...
He really and truly wants it.
And he told me that he feels like the baby is his.
He doesn't feel like she's not his.
He just doesn't like the tension.
He doesn't want the tension between the two...
JEMISON: It's only them that don't see that that's his baby.
I've tooken her
to his previous jobs. I've tooken her out anywhere
and people that know what he looks like,
and they know what I look like, when I first brought her home,
when people see her, they're like, "Wow, she looks like both of you.
"She looks like you, but you can see Calvin."
I... I brought him to his job.
"She's like, she... She... Wow.
"She looks just like him, but she looks like you," like,
there's a resemblance that they look alike, but she favors me more.
My mama has genes like that.
JUDGE LAKE: And, Miss Jemison,
you've brought a witness. I'd like to hear from him. Sir, would you stand, please.
Yes. Yes, Your Honor.
Stand at the podium. And your name.
My name is Calvin Caurthon, Sr.
JUDGE LAKE: You are. So, you are Mr. Caurthon's father?
Yes, I am.
And you are standing next to Miss Jemison.
Yes, I am, and the reason being,
is because I'm in full support of Adreana.
Uh, I... I would represent my son.
Um, and my son wishes
and I know he would be here with her right now, as we speak.
And that's why I'm here.
So, you believe...
Your Honor, he hasn't talked to my son...
...that your son...
Your Honor, he hasn't talked
to my son since my son has gotten arrested.
No, that's not true. He spoke to him last week. I put him on a three-way.
He spoke to him.
Yeah, I spoke to him.
That was the first time in six months, I'm sorry.
So, Mr. Caurthon...
...you believe your son is the father?
You believe Aleana is your grandchild?
Well, Your Honor, we have to first keep in mind that
there is a, a young child at stake here,
you know, the future of this young child,
regardless of what, whether CJ is the biological father
I am, too, but I feel like
we have to have the truth and we have to know, regardless.
CAURTHON: I... I have... I have no objection.
So, Miss Fleming, I want to take a moment and understand your lawsuit.
You are suing for $500 in expenses for items you've purchased for Aleana.
Am I correct?
Did you bring proof of any of those expenses?
No, Your Honor, um, after we discussed it,
and I just... I just had a hard time pulling things together
and to even move forward in that direction
with trying to tally what I've done for her.
At the end of the day, it's not about the financial aspect of it.
It's about the baby.
So, yes, we did talk about that,
but I have a hard time attempting to pursue that because I care about her.
I care about the baby, and whatever I gave her is hers.
So, Miss Fleming, are you saying you'd like to withdraw your claim?
I just want to know if this is my baby.
JUDGE LAKE: So that claim is dismissed.
I think, at this point, the best thing to do
is go to the results.
These results were prepared by DNA Diagnostics and they read as follows.
As I mentioned early, in order to determine if Aleana
is the child of Calvin Caurthon, Jr,
we performed a grandparentage test
using your DNA,
Miss Fleming and Mr. Caurthon, Sr.
It will basically determine the relatedness
of the grandparents to the child, okay?
In the case of Fleming v. Jemison...
It's only them that don't see that that's his baby.
In the case of Fleming v. Jemison,
pertaining to three-month-old Aleana Caurthon,
it has been determined by this court,
Miss Fleming and Mr. Caurthon
are not related to Aleana Caurthon.
FLEMING: I was hoping I was wrong.
I'm sorry I was not able to give you all the answer you wanted.
We're gonna be... I'm gonna be
100% behind her, regardless.
Miss Jemison, I do have to ask.
Are you certain this other gentleman is her biological father?
Yeah, um, he's horrible.
You don't have to deal with him, Adreana.
Oh, my God.
I'm so embarrassed.
It's okay. We're going to take care of her.
Oh, my God.
There, baby. It's okay.
Marquya, I'm sorry,
but it is the other guy's baby. I'm sorry, but I didn't know.
(SOBBING) I'm sorry. I'm...
I'm so sorry, okay?
Miss Jemison, do you know where he is?
I know you're so...
He's like, nowhere around.
Your Honor, that's irrelevant.
My son will be home.
JEMISON: Wouldn't even know how to, like,
I... I don't even know. I don't know...
We'll figure it out.
We're gonna deal with this.
We'll figure it out.
We're gonna... We're gonna move on.
Oh, my God.
As Aleana is our grandchild,
we're not gonna need to find the other father.
When I have to deliver
news that people don't want to hear, it's difficult. It's difficult.
But before we begin to make sweeping decisions
about what's irrelevant
and what isn't,
while the court, of course, recognizes that love
and heartfelt ties,
and long-lasting feelings that can create relationships, families.
You know, people that consider themselves family
are not, necessarily, all the time, biologically related.
We understand that.
And yet, I think there is something important
about the truth.
That doesn't mean you can't be there for her.
That doesn't mean you can't be her grandparents.
That doesn't mean you can't be her family.
But it does mean that you have to consider
before you would withhold this truth.
But now, it's time to figure out how to move forward for your baby's sake, okay?
We have counseling resources for you.
We want you to take advantage of them.
But, most importantly,
lift Aleana up and be there for her
and make sure she knows the truth as well.
I wish you all the very best of luck.
Court is adjourned.