You may be seated.
Hello, Your Honor.
Hello.
This is a case of Walton v. Cherry.
Thank you, Jerome. Good day everyone.
AUDIENCE: Good day.
JUDGE LAKE: Miss Walton, you say your nine year relationship
with your high school love is in jeopardy
because he denies fathering your 1-year-old son, Josiah.
Is that correct?
Yes, Your Honor.
Mr. Cherry, you claim that
Miss Walton cheated constantly
with another man and you are 100% sure
that he is the father.
Is that correct?
Yes, Your Honor.
So, Miss Walton, why is this DNA test so important to you?
Because, Your Honor, for the last past year
I've been going through, "This not my son.
"He not my son. I'm not gonna do nothing for him."
And all this and then he treats my other two kids
way different then he does to Josiah at home.
And, I really need him to step up and be a father to my son
as what he's supposed to be
because that's his son.
Look at him. That's his twin.
JUDGE LAKE: And this is a nine year relationship?
Yes, ma'am. We have three beautiful kids.
Yes, Your Honor.
This is tough because you have a beautiful family.
I love my family.
And it's on rocks.
It's on rocks right now.
JUDGE LAKE: And that means the stakes are high?
So, Mr. Cherry, you really have doubt?
Yes, I do. I do have doubts
because throughout our relationship
it's been just straight lies. You know, so...
Not true, Your Honor.
I just wanna be here
to let her know that everything that's been going on
in our relationship is just lies.
No, Your Honor.
So...
So, when you say straight lies,
I mean, it's been a nine year relationship.
Yes, it's been on and off.
It's been kind of rocky.
You know, we've been knowing each other since high school.
You know, that's my high school sweetheart.
You know, so I actually have a lot of love for her.
You know, I have deep feelings and emotion for her.
You know, so, but throughout the whole time of
our nine year relationship, it's just been lies.
So I'm here today just to let her know that
Josiah's not mine, due the cheating and the lies.
There's a lot to lose.
And it's not just about you two.
I mean, you have this nine year relationship. You're high school sweethearts.
Tell me when it started to go wrong.
It started to go wrong around the time that,
uh, after high school.
You know, we was on and off.
Um, I lost contact so it got kinda
hectic between me and her, you know.
She decide to wanna do what she wanna do.
I decide to do what I wanna do.
But you know, we had set all that aside
and just decide today we gonna do this together.
We're gonna do this together, you know, just for the sake of
what we've been through to our high school. So we're just trying to reconnect.
So, you said you did what you want to do
and she did what she want to do.
Does that mean you all were dating other people and seeing other people?
Yes.
Yes. He cheated. I cheated.
If he lied. I lied.
"Do unto others as you want unto you."
It was pretty much fighting fire with fire.
So you all were in a tit for tat?
CHERRY: Yes.
WALTON: He cheated first.
Okay.
I did. I did that.
JUDGE LAKE: And so, wait.
So, Miss Walton, you say he cheated first
and then you followed up and cheated too?
Yes, ma'am.
JUDGE LAKE: All right, so explain. What happened?
Um, at the time
we had our first daughter first.
So, we was doing the family thing, you know, happy.
He started messing around when he don't get attention from me
or if I don't do what he wants me to do.
'Cause he gets controlling.
I do have control issue.
He gets into his little ego
and wanna go to a female that backs down,
Your Honor, and I'm not fixed to do that.
So he looks for attention somewhere else.
So, when he looked for attention somewhere else I did as well.
And so what did you do?
I cheated. I'm not...
I won't lie to you, Your Honor. I did.
This is where...
This is what it takes...
JUDGE LAKE: And so...
JUDGE LAKE: Listen. Explain
further. I need to understand
what happened because
what we're trying to get down to is why he doubts paternity?
He doubts paternity because
during the end of 2013
I had met my ex
and we were together up until...
Like the... Like the week before Thanksgiving of 2014.
Which is...
That's it.
Basically when I was with him.
I didn't get conceived with Josiah until the week of Thanksgiving.
Which is on Thanksgiving Day.
Due to us eating and enjoying family.
No. Way before that.
Way before.
You know, and...
We ended up having sex.
That's when my son was conceived.
But when my son was conceived, I had
stop messing with my ex a week before.
So ain't no possibility that that is...
Wait, but there's just a week in between?
It's been more than week in between. It's been since
way past before November
and then after November...
Yeah.
Wait, let me ask you this,
were you and your ex using protection, Miss Walton?
Yes.
Now with Mr. Cherry, I don't use protection.
I don't think I need to.
If I do, am questioning him.
Well...
But...
For my ex I did use protections
so it's not possibility
that Josiah is his son.
All right, so you saying there's a week difference.
I wanna understand this. Let me get my calendar.
Now give me the dates now.
Josiah's birthday is August 18th of 2015.
JUDGE LAKE: Okay.
Okay.
CHERRY: It won't add up.
WALTON: Me and my ex
stopped dating a week before
Thanksgiving of 2015
which was the 23rd to the 29th.
JUDGE LAKE: Okay. So the 23rd to the 29th
you were with Mr. Cherry.
Liar. Liar.
WALTON: Yes.
JUDGE LAKE: Okay.
And then you were with the ex...
WALTON: The week before Thanksgiving.
JUDGE LAKE: So that's the 16th through the 22nd.
Well, that's too close for comfort.
(AUDIENCE MUMBLING)
CHERRY: Too close.
Miss Walton, you have been...
...honest. You've said, "Yeah,
"he was sleeping around and I was too.
"I was having sex with someone else."
Yes, Your Honor.
But you do understand, Miss Walton, that,
since, you were sleeping around,
you know, if he didn't father any children outside the relationship
the fact that you were sleeping with other people
that would then even further his doubt
because you're the one having the children in the relationship.
Yes.
So...
When it comes to Josiah
you've admitted that just the week
prior to having sex with Mr. Cherry
you were with an ex.
Yes.
That makes the conception dates...
CHERRY: Yeah.
Rocky?
Way off.
JUDGE LAKE: Uncomfortably...
Way off.
...close.
I know. Rocky.
That window extends really, to both men.
My testimony is that
I've been having... I've been receiving messages.
You know, I caught her. She confessed.
Um, I logged into her friend's Facebook account,
you know, I've seen messages,
um, numerous of times. Not once, not twice.
Um, I have a family member, a kid, even told me,
um, that a guy's been coming over.
You know, that has gold teeth in his mouth.
I mean, it's just what I know.
And what I found out in my evidence.
What do you have?
Okay.
Uh, this exhibit here?
Yes, ma'am.
Step towards it.
This is the first evidence I have right here. Um...
This is when I went to my family member's house. Um...
This is what she told me.
She said that a guy that came over, that looked
some similar like me but had gold in his mouth.
You know, so, I asked...
Which is not true, Your Honor.
I asked her...
My ex don't even have gold.
CHERRY: I asked her
who the guy was. And she didn't say anything, you know. So,
a couple more days on down the line...
You know, I start digging.
But as I start digging, I start finding more evidence.
So, this is when I start logging into messages
and finding out what's going on.
So, this is my second piece of evidence.
The late night pick-ups.
I'm at home with the kids.
This is what I did.
She's coming home,
and this is the messages that I have.
It's 1:55 in the morning.
Where you supposed to be at 1:55 in the morning?
When I come home, she's supposed to be there. But she not.
But, at the house with the kids.
So wait, 1:55 am, "Come get me."
CHERRY: Yes.
This is from... This is from her friend's Facebook account.
JUDGE LAKE: Oh!
And then it said, "1:55 am, come get me.
"1:57, where you at?
"1:59, come pick me up."
CHERRY: From his place.
From his place.
CHERRY: Yes.
And she wasn't at home?
No, she was not.
JUDGE LAKE: "2:01 am, on my way."
So, Miss Walton, where is his place?
Probably at...
His house. And at that time he was cheating too.
So, why should I be faithful to somebody
that's not faithful to me either, Your Honor?
JUDGE LAKE: So, you basically admitting that
during that time you were having sex with somebody else?
Yes.
Okay.
I don't deny.
Why... Why lie?
You're not supposed to lie in court,
so am glad you told the truth.
CHERRY: So, this is my third evidence.
After we get through all and I asked her about it,
this is what she confessed.
And I said, yes.
She confessed to it. So this is what brings me to court today,
to prove to her that Josiah is not mine.
This is why I'm hurt.
WALTON: Because I'm honest.
That's why he's questioning me because I'm honest?
This is why I'm hurt.
When you found out you were pregnant with Josiah...
WALTON: He was happy, Your Honor.
He was happy about it.
We bought a pregnancy test.
I was.
I mean, he even called and made doctors' appointments.
Okay, and I have to ask you this.
Since we're being honest today.
When you found out you were pregnant, who did you tell?
I told my best friend.
JUDGE LAKE: You told your best friend, and you told Mr. Cherry?
Yes.
Did you tell the other man?
No.
You never told him?
No.
Because did you ever think, potentially, be his child,
or you just didn't want him to know?
He cannot be my child's father.
So ain't no point in him even knowing the fact that I'm pregnant.
How can you definitively say,
"He is not my child's father,"
when you admit that you were sleeping with him
before you were sleeping with Mr. Cherry?
'Cause, in my heart, I know.
And I know my kids.
A lot of evidence.
My kids...
I know them.
And had he looked like my ex,
me, as a woman, I would have said,
"Look, there's a possibility he's not your baby.
"We gonna do this when he born, and that's just what it is."
CHERRY: Look at the features, look at his ears, look at his forehead.
(SCOFFS) That's all of you.
Look at his eyes.
The nose, the eyes is from me,
the color is from me, the hair is from me.
He is his mamma's child, okay?
He looks like his father.
Well, I just wanna find out. That's all.
I just wanna find out.
If he wasn't his son,
why sign the birth certificate?
Why be there? Why cut his umbilical cord?
Why lead my son on to that, being your son,
and then...
So, wait, he cut the umbilical cord?
WALTON: Yes, Ma'am.
CHERRY: I cut the umbilical cord.
I was there at the hospital,
I was there through all the pregnancy.
I was there at the OB/GYN...
Rub my swollen feet, all that.
I was there.
(CLAPPING)
Throughout the whole nine, I was there.
And so did you have doubts while you were there?
CHERRY: I didn't have doubts,
I didn't have doubts at that moment.
But as he started getting a little older...
WALTON: Look at that, Your Honor. It's from when he was little.
CHERRY: I started kinda started doubting.
His facial features look like me when he was born,
but as he started getting older,
and I started seeing this other guy, a picture of his face,
it started resembling him.
So that's what I'm doubting for.
And I keep asking her over and time and over again,
"Why is it I'm living a lie?
"Just tell me the truth, and then I can bear with it going to live my life."
You know, I just don't wanna live in lies anymore.
I want her to be upfront, as a woman.
(CLAPPING)
If I'm telling you that you're not the father to him,
but I still want you to be in my kid's life.
He's still gonna be in my son's life.
JUDGE LAKE: This hurts you?
CHERRY: Yes.
Yes, it does. It really does.
Because you feel like you just can't get answers.
CHERRY: I'm not... I'm searching for answers.
But I'm also searching for answers in the wrong place.
I'm searching for something that's not there,
and that don't wanna be found.
So I just want the truth from her.
JUDGE LAKE: All right.
CHERRY: That's it.
And so, Mr. Cherry, how do you feel about Josiah now?
She says you treat him differently.
CHERRY: I feel as if I'm not being accepted as being in her life.
WALTON: He knows that's his daddy.
Well, you say Mr. Cherry treats him differently.
As in life, when he gets in his little spells,
"Well, you get him. That's your son.
"He might not be mine, no way."
Oh, no.
WALTON: Just 'cause he don't... Kids heard that.
Kids understand that.
Yes.
Yes, and Josiah's one year,
but the other children...
WALTON: Is old enough.
So when my 6-year-old calling me, saying, "Mama,
"Why Daddy say that to Josiah?"
What am I supposed to tell her?
"Oh, well, your mamma cheated,
"so he don't think that Josiah is his, so, hey."
The things that we go through in our past,
this one pushes me to say...
JUDGE LAKE: But this nine-year relationship,
it seems like it's on the rocks now.
I mean, it seems like you all are really having challenges, because of this.
We are, Your Honor, but regardless of what the results is today,
he not gonna go nowhere.
He's still gonna take care of my kids.
And he's still gonna be with me.
But, Mr. Cherry, you don't seem too convinced that you gonna stay.
I'm really not, 'cause I'm tired of lies.
Throughout our whole relationship, it's just been lies.
It's not lies if I'm telling you.
Are you still in touch with the ex, Ms. Walton?
WALTON: No.
He's out of sight, out of mind, Your Honor.
What does that mean?
WALTON: When he start cheating, I'll probably call him back.
I mean...
(AUDIENCE GASPS)
This is what lead us to the situation we in now.
You all have just taken the leap from tit to tat to vicious cycle.
First is this, this, this, this.
And then you get so caught up with it's just
you say she did it, he say she did it.
We don't know if the egg came before the chicken,
or the chicken came before the egg.
We just know we fried.
WALTON: Yes.
(AUDIENCE LAUGHS)
(CLAPPING)
JUDGE LAKE: Um, I'm ready for the results. Jerome?
WALTON: Yes.
You ready?
BOTH: Yes.
All right.
(AUDIENCE CLAPPING)
These results were prepared by DNA Diagnostics.
And they read as follows.
In the case of Walton v. Cherry,
when it comes to 12-month-old, Josiah Cherry,
it was been determined by this court...
Mr. Cherry...
You...
...are the father.
(CLAPPING)
Feels good to hear that.
CHERRY: Yes.
I can see the emotion all over your face.
This is, um...
Hard.
It's hard.
A year worth of denial, being called...
I mean...
...H-O-E...
JUDGE LAKE: Hold on, Ms. Walton.
What are you feeling, Mr. Cherry?
(SHAKILY) What I'm feeling right now is that...
I can't take back what I said in the past.
What's done in the past is done in the past.
Um...
Sorry's not gonna get it.
I still wanna be there.
I still want to do the things that my daddy did.
I still want to be there, and...
I'm sorry through the heartache.
I'm sad. I'm... I'm sorry.
That's all I can say is I'm sorry.
JUDGE LAKE: When you say you wanna be there,
we know you wanna be there for Josiah,
do you also wanna be there for Ms. Walton?
We have some things that we gotta work out.
But, at this moment, um...
I'm just gonna take some time off
to get my head together, you know.
It's a lot of things that I have going on with myself
that I have to work on, personally.
JUDGE LAKE: Mmm-hmm.
You know, there's a lot of things that I got to work on.
For me to take care of somebody else,
I have to get myself together, first.
You know, I think that's honest.
And I will say that about both of you in this courtroom today.
You know, people come in sometimes. And it takes...
You know, we take the long way to the truth, don't we, Jerome?
Feels like we just running a marathon to get to the truth.
You know, I don't think you all are done with one another.
I agree with Ms. Walton on that.
I think you all have a very deep love for one another.
But, sometimes, you do have to let go to grow.
I want you all to talk to Dr. Jeff, um...
You know, and I want you all to really take advantage
of the counseling, in this moment.
Because you're still young people.
Even with three children, you're young people.
You're just in your mid-20s.
I mean, goodness, I mean...
(AUDIENCE LAUGHS)
The 20s are hard.
I was just telling another young person this the other day.
The 20s are tough.
So I want you to really take the counseling and the resources seriously,
because now we've got our beautiful children.
And they need you all to be parents, okay? All right?
Yes.
I wish you all the very best of luck.
Thank you.
Court is adjourned.
(RAPS HAMMER)
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