Please be seated. Hello, Your Honor. Hello.
This is the case of Gaytz v. Rembold. Thank you, Jerome.
Good day, everyone. AUDIENCE: Good day. Miss Gaytz, you claim that the day before your son's tragic death, he told you what you have always believed.
He was not the biological father of the defendant's three year old daughter Alexis and 16 month old son, Nicholas. You've petitioned the court for a DNA test to defend his honor. Is that correct?
Yes, Your Honor. Miss Rembold, you state the plaintiff's son, Nicholas Gaytz, is your children's father and say today's results will prove your case and clear your name. Is that correct?
Yes, Your Honor. So, Miss Gaytz, why are you so positive your son is not the dad? I am here to represent my son Nicholas as.
. . Cause he can't be here.
I remember him telling me, point blank the day before he passed away that he was not the father. Of Nicholas. But yet, he told me differently right before he died.
He had told me that he didn't care regardless. That he felt in his heart that he was the father of. .
. No, he didn't. My child.
And so, you say that is not true. You say. .
. Well, I don't know what he told her. But I know what I know and what I've been told.
And that's what he told me. Tell the court. .
. I have to believe him. He's my son.
JUDGE LAKE: You and your son were very close. GAYTZ: Very close. Yes, ma'am.
And so you feel like, when he told you that information he really wanted to clear the air and let you know what he really felt deep down. I could tell he was being very honest. I could see the sadness in his face when he told me that.
Also, Mr Gaytz and I were also fighting at the time. We had a rough relationship. So, Mr Gaytz was gonna say what he had to, to his mom.
What would he say to you? That he felt that this child was his. And even if the child was not his, Mr Gaytz would still have stepped up and he would've been a father.
Of course, he would. He was a great father. He was a good father.
He raised her daughter. She was pregnant when they met. So, of course he would step up.
And so, you're saying, Miss Rembold, that he never doubted to you at all? Or was there doubt? Yes, there was some doubt.
Mr Gaytz with Alexis. If we would argue, he would say, go find your daughter's father. With Nicholas.
. . I had found out I was pregnant and.
. . He told me he would not be able to live with knowing I was pregnant with another man's baby.
And then right before Mr Gaytz has passed away, Mr Gaytz had told me that he felt in his heart that Nicholas was his child. Not what he told me. The complete opposite.
The day before he passed away. Tell me exactly what he said. What happened, ma'am?
He said. . .
That baby is not mine. And that's all he said. And he was just very distressed.
JUDGE LAKE: And he meant Nicholas. GAYTZ: Yes. JUDGE LAKE: What about Alexis?
When Alexis was born, Your Honor, she was very dark complected. And he had every doubt possible that she was not his. Due to the circumstances of them breaking up, getting back together.
And involving other people in these matters. Being with other people. Miss.
Rembold, were you all committed? Exclusive? What was the nature of this relationship?
REMBOLO: When I first met Mr Gaytz, he was in a relationship. I was engaged to get married to somebody else. The day we met.
. . We just started off as friends and that same night Mr Gaytz came back to my house and he moved in, immediately.
But, I didn't expect me and Nick to move as fast as we did. And it did. And Miss Gaytz, what was your first memory of Miss Rembold?
The first thing I thought of, "What is my son doing with her? " She's just crazy. She's outgoing and everything.
I'm just outspoken. I'm very blunt and I get to the point. She, uh.
. . And she had a good job and he really respected her.
He fell in love with her and he was very much in love with her. And the kids. JUDGE LAKE: He was?
GAYTZ: Yes. I kinda felt like a mom figure to him. I was older than Nicholas but.
. . The older woman.
Cougar. (AUDIENCE LAUGHING) So, how soon after you and Mr Gaytz started your relationship were you pregnant with Alexis? Um, it was Alexis that there was doubts.
Mine and Mr Gaytz's relationship was very rocky. Mr Gaytz would love the attention from other women and. .
. He thought he was slick and would always get caught cheating. Cheating?
You guys always cheated on each other. And so, Your Honor. .
. Oh, really? Yes.
So, the cheating went both ways. As soon as they would break up, bam! He would be a chick magnet.
She'd go find whatever guy, you know, just to get back at each other. So. before Alexis was born did you all have this phase of breaking up and cheating?
Yeah. I know with Alexis, he was just not too sure that she was his. Cause she was dark complected.
Darker eyes. He has blonde hair, blue eyes. That's cause my ex's Hispanic.
So, of course. Okay. So, had you slept with that ex during this breakup?
Have you? I sure did, Your Honor. Did you?
Yes. You did? Yes, she did.
If you did sleep with the ex during the breakup why is it that you don't agree with the fact that there could be doubt? I mean, I don't blame her for having doubt. When Alexis was.
. . When we first found out I was pregnant with Alexis, again, me and Mr Gaytz were cheatin' on each other.
And I had told him I was pregnant and at first he was like, "Is it mine? " And I told him. .
. I said yes, it was. When Alexis was born, Nick kinda had a look on him, I was like.
. . At the hospital, I'm like, "What?
" And he's like. . .
Oh, him and his grandfather thought Alexis was dark. And I said, "So, what do you think? "You think that she is my ex?
" And. . .
but you know, Nick. . .
Probably could have some doubts, you know. Knowing other men were involved, though. .
. I was cheating. Why wouldn't he have a doubt?
So, Miss Rembold, you say, based upon a timeline, you felt that Alexis was his child. Yes, Your Honor. How close to that timeline did you sleep with your ex?
It was around the same time. But Your Honor. .
. It was protected. But the protection did break.
Are you serious? I didn't even know that. Miss Rembold, you do understand that if the condom breaks you've basically exposed yourself.
I had also, Your Honor. I had ran into the other gentleman that could've possibly been Alexis's father. I showed the other gentleman the picture.
He says, "No. " Why would he say yes? That's 18 years of child support for him.
(AUDIENCE LAUGHING) Just sayin'. That is the moment that alleviated all question in your mind? The other guy said no?
No, I've had doubts. You know, when Mr. Gaytz has made comments like "I just don't see Nicholas.
" I would then at my daughter. GAYTZ: Do you see her? REMBOLD: I do.
You do? I don't. Without a doubt.
She looks just like her father. She's got his. .
. No, she doesn't. Same blondeness.
But on what. . .
In one breath you say you've had doubts before. Even yourself. Yes.
So, that, then substantiates Mr Gaytz's doubt and the doubt he probably did in fact express to his mother before his passing. Right. But can you say for certain that you truly believe, if you've had doubt?
In my heart, I'm 100% sure. Is there some doubt? Yes.
And that's why I'm here today. I want this to be her grandchild and I want us to be able to get closer. I've lost everything.
He used to take care of the kids and I worked. (SNIFFLES) I've had to move since the passing. (VOICE TREMBLING) I lost everything.
So, today's results truly mean everything to you because having that clarity will hopefully encourage Miss Gaytz to help with the children. I want her to feel that same bond with Alexis, especially. And I want to.
I want him, especially, to carry his dad's last name. JUDGE LAKE: And you'd like to get his name. I want his name changed to his father's and I need that.
What was the nature of the relationship at the time you got pregnant with Nicholas? We had a lot of trust issues. Lot of problems up and down in our relationship.
I did start just hanging out with another gentleman. And was staying the night pretty much in my home a lot. To the point where I would even have Mr Gaytz and the other man that I was having sexual intercourse with both staying in the same house together.
Really? My son loved her so much. That he would watch the kids knowing she'd be going out with this man.
That's how much he loved her and loved those kids and it killed him. So, you moved this guy into the house with you and Mr Gaytz. Yes, Your Honor.
And for reason. . .
What reason did you have? Because I couldn't at that time. I wasn't gonna make a decision.
And I was hurt by everything Nick had put me through. And the stayed? And they both stayed.
Okay, and which one were you intimate with during this time? Both of 'em, Your Honor. (AUDIENCE GASPING) Both men?
Both men. Not at the same time, right? Same day, Your Honor.
Same day? Yes. Your Honor.
Now you have a child and you named him after Nicholas. But he may not be his. At the time, Your Honor, when I found I was pregnant with Nicholas I had two names picked out.
I told myself when I would deliver Nicholas that I would know in my heart when I looked at him, who the father would be. And so, when Nicholas was born you looked at the baby and you said. .
. "This is Nicholas'. " "That's Nicholas'.
" Nicholas has blonde hair, bright blue eyes. And he came out looking just like his father. They both had hazel.
Come on. Nicholas. .
. He looks just like his father. GAYTZ: Nicholas Jr.
has hazel eyes like his sister, Lexi. That's me. That's me.
I have hazel colored eyes. But his traits are very strong, Your Honor. His dad was blonde hair, blue eyed.
Nick was blonde hair, blue eyed. My mother, blonde hair, blue eyes. And so Miss Gaytz.
. . My grandfather, blonde hair, blue eyes, .
. . you submitted a graphic to the court that helps outline.
. . There you go, right there.
JUDGE LAKE: What you're basically trying to get at is that GAYTZ: They're all blonde. JUDGE LAKE: They all are blonde. And you say these children possess very different physical attributes.
Well, yes. We have Alexis, here. She's dark complected, she has hazel eyes.
Dark hair. REMBOLD: And I have hazel eyes and dark hair. What if they are not Nicholas's biological children?
Or even one? I would be devastated. I would be devastated.
I'd probably faint on this floor. I probably would. You feel like this is your only chance at your children having a father, even though he's passed on, they would have a father that wanted them and loved them.
Yes, Your Honor. I understand. Jerome, I think we're ready for the results.
We have two sets of results. The first set is for Alexis. JUDGE LAKE: These results were prepared by DNA Diagnostics and they read as follows.
Because there wasn't a blood card available to test the DNA of the deceased, Nicholas Gaytz. We performed a DNA test with his surviving parent Robin Gaytz. The results are as follows.
In the case of Gaytz v. Rembold, when it comes to three year old Alexis Gaytz, it has been determined by this court, the percentage of relatedness between Ms. Robin Gaytz and Alexis Gaytz, is.
. . 98.
6% (AUDIENCE APPLAUSE) Wow, that makes me so happy. JUDGE LAKE: It does. That's great.
Yes ma'am. That's wonderful. I have the second result.
And. . .
This result is for, baby Nicholas. And right before your son passed away, he expressed doubt. GAYTZ: Yes, ma'am.
Again, we performed a DNA test with his surviving parent Robin Gaytz. With that being said, the results determine if there is a viable relationship between the child, Nicholas Rembold and Robin Gaytz. The results are as follows.
I have never received a report with a result like this. Is that good or bad, Your Honor? For clarification, I want to find out.
I'd like to get Dr Baird on from DNA Diagnostics. I wanna talk to him. He is the chief science officer of the laboratory, I've never seen a result read like this.
Hello, Dr Baird, are you there? (ON PHONE) I'm here, Judge. Glad to help.
Thank you so much for jumping on the line and taking this call. We're hearing the case of Gaytz v. Rembold.
And I have never received results like this. I'd like to read them to you. In the case of Gaytz v.
Rembold, when it comes to 16 month old, Nicholas Rembold, it has been determined by this court the percentage of relatedness between Miss Robin Gaytz and Nicholas Rembold is. . .
64. 6%. What does that mean exactly, sir?
Yeah, what does that mean? DR. BAIRD: (ON PHONE) Well, this is basically an inconclusive result.
So, as a result we did some additional testing. We then compared Alexis and Nicholas to see whether they were full or half siblings. And the results of that siblingship test showed with a 99.
99995% likelihood that Alexis and Nicholas do indeed share the same biological father. Thank you, so much. I really appreciate it.
Well? Whoo-wee. I was holding my breath when he was talking.
Because you all don't know I don't know the results either. But I've sat in this courtroom and watched you both talk so beautifully about Nicholas and his beautiful spirit and I have to say, Miss Gaytz, spending this time with you, I know where he gets it from. Thank you.
You really do have such a lovely spirit. And I agree with Miss Rembold, the children need you. I am there.
I love those babies. And Miss Rembold, I'm hoping this result sets you off on a better path. I hope so too, Your Honor.
I wish you all the very, very best of luck. BOTH: Thank you. Court is adjourned.