Hello, Your Honor. Hello. This is the case of McRae v.
Moore Moore. 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. . .
If it's through a body bag or if a police officer come and get him. 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 and it looks like she's doing the airplane with her daddy. . .
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. So, Ms. Moore.
. . 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. And it is your testimony that it's during that window of time. .
. 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. But then Mr McRae was still living in the house with you until she was ten months old.
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. Which means you have legal rights to see her.
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 McRae v. Moore Moore. 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.
