Please be seated.
Hello, Your Honor.
Hello.
This is a case of Luper v. Downs.
Thank you, Jerome. Good day, everyone.
AUDIENCE: Good day.
Miss Luper, you say you thought the defendant
was a respectful, church-going family man
who turned out to be anything but.
You claim that after giving birth to your twins Brayleigh and Bishop,
Mr. Downs denied fathering your babies. Is that correct?
Yes. Your Honor.
Mr. Downs, you say Miss Luper carried on a secret relationship
behind your back up until she found out she was pregnant,
and there is no way you are the father of her twins.
Is that correct?
Yes, Your Honor.
Miss Luper, you thought you found the perfect church man.
Yes, Your Honor. I did.
JUDGE LAKE: Explain.
I found the perfect family man.
But I soon found out that that wasn't the case.
When we first met, Mr. Downs was amazing.
He went to church, one day he offered me a ride.
And as soon as we talked... Like, our music, our taste, everything.
We just vibed. It was great.
Then we ran into some problems. He went through my phone,
and I did have a lot of open doors.
Oh, wait, hold on. Let me get that metaphor.
ROBINIESHA: Okay.
Open doors, so you still had other relationships
that you had not quite cut off.
Absolutely. This was two weeks after we started hanging out.
So, we weren't in a relationship. We weren't together.
So, I did still have open relationships with other men
while I was beginning a relationship with Mr. Downs.
So, Mr. Downs, take me to the day you saw her phone.
What was going on? How did you even have her phone?
I was at her house, and just something told me to pick up the phone, and I did it.
And I'm looking through her phone. I'm like, "Okay."
And I bring it to her and I'm seeing messages from other dudes
and all this other stuff, so I'm like, "What is this?"
What kind of messages did you see from other guys?
Messages of just trying to, you know, hook up with her and like...
You know, stuff like that.
Is she accepting the advancement?
Yeah. Yeah.
JUDGE LAKE: Oh, you are?
Yes, Your Honor. I was in the process of closing those doors.
No, you don't close the door by saying, "Yeah, we can have sex."
That's opening the door.
Yeah.
And in this case, creating a revolving door of doubt.
So, how soon after Mr. Downs went through your phone
did you find out you were pregnant?
Maybe two weeks later?
Uh, yeah. We moved really fast.
We, like, had a wedding date in two months.
The relationship changed tremendously, though,
after he went through my phone.
Our vibe was different, we weren't hanging out as much.
When I found out I was pregnant, I called him and he didn't even answer.
That's where we were at.
So, how did he ever find out?
I sent him a text message.
He was really nonchalant about it.
But once I did get pregnant, he was amazing.
Cedric rubbed my feet, rubbed my belly,
he would get up at 2:00 a.m., go get me ice and hot Cheetos.
He would take me to every ultrasound appointment if he didn't have work.
Like, the pregnancy was good.
We moved out of my two-bedroom apartment.
We got a four-bedroom house.
Like, it was good.
I want to know what did you send in this text?
I just sent him a picture of the pregnancy test.
And what was his response?
I don't remember his exact response,
but I just remember him being, like, nonchalant about it.
I was at work.
Yeah.
So what did you say back?
CEDRIC: Okay.
Like, I said, "I've been through your phone. I mean, what do you want me to do?
"You want me to jump with joy?"
Oh, so your okay was already riddled with doubt
because of what you saw on the phone.
CEDRIC: Yes, ma'am.
I mean, what would you want me to feel?
I mean, after I found this out,
ain't no way I'm gonna sit here and do no backflips or nothing.
So, how does it get to the point where you just leave the "Okay"
to hot Cheetos and rubbing bellies and doing that?
How does it get to that?
I got three other children outside of these two we're here for today.
I ain't never, ever turned my back on none of my kids.
I've been for all of my kids since day one.
I just felt like, me as a man, and the way I've been obligated to my other kids,
there's still a chance that they're mine,
so I'm not gonna build this whole little case upon my doubts
and I'm still gonna be there until we find out what's what.
So I was still gonna be there by her side until we figure it out.
That's commendable.
(AUDIENCE APPLAUDING)
And so take me to the birth.
We know you were very present during the pregnancy
when the twins were born.
ROBINIESHA: As soon as they brought Brayleigh into the room,
the first thing he said was, "Do you guys do DNA tests here?
"I've never had a kid come out that light."
That's the first thing he said when he'd seen her.
But he did go see my son and he did say that he looked like him.
So, when you saw Brayleigh, you had questions instantly.
You didn't feel like you could be her father.
I mean, I know it don't really matter about the complexion and stuff,
but like I said, all my kids favor me just extremely.
You know what I'm saying?
And I looked at Bishop. I seen more of Bishop in me than Brayleigh.
And at the same time, like I said, I know there's another man been involved.
And there's part of me that wanted to accept it
and then there's part of me that had my doubts
in the way I feel like I was, I guess, in a way, led on
that I just couldn't come my way to terms accepting both of them
or, you know, either which one.
But, like I said, the reason for Bishop is like I said,
he just favored me, so that kind of
deterred me from questioning him.
Miss Luper, did you tell anyone else
that they potentially could be the father of these beautiful twins?
One person.
JUDGE LAKE: You did?
Yes. Not during the pregnancy.
During my pregnancy, I was sure that it was Cedric's.
Twins run in his family.
We were together the whole time.
The timeline, everything just added up.
After I had the baby, I posted Brayleigh on Snapchat.
And the other guy, who, the messages he'd seen,
wrote me and sent me a picture of his daughter
and told me, "I believe that that's my daughter."
Wow. So you posted a picture of Brayleigh
and the other man you were having sex with wrote to you and said,
"I think this is my daughter."
Correct. Correct, Your Honor.
Excuse me, Your Honor.
And another reason, like I said, you know,
that I even have any kind of this doubt because, like I said,
when she first told me that she was pregnant,
I asked her, I said, "So, are you for sure, for certain that I'm the only man
"that you had unprotected sex with?"
And she very, very quickly told me,
"Yes, you are the only one." So...
Even with that being said, I'm just like this.
This is two weeks into us dating,
and I'm not using protection.
How in the world did this guy before me manage to be,
you know, so clean and safe, using protection,
if you didn't even hassle me about it in the first place.
You didn't hassle me either, for the record.
It's not like you ever asked me to use a condom.
But when I started out, did I use it?
Cedric, we've never used a condom in our lives.
(SIGHS)
Who's on the birth certificate?
Nobody.
Well, the hospital birth certificate says that the twins were born to us,
but I never ordered an official birth certificate.
He never signed a birth certificate.
I was at work. I would have definitely put my name on it.
ROBINIESHA: You were at work, and just...
You were at work... You have three other kids. You know.
Before you leave a hospital, you need to sign a birth certificate.
He never asked me about a birth certificate, he never signed...
His cousin took us home from the hospital.
If he wanted to sign a birth certificate, he could have asked me to do it.
Bring it out. I can't...
I didn't even sign the birth certificate.
Did you not sign the birth certificate, Mr. Downs,
because you really had a doubt?
As me being a father, like I said, I've never had
to deal with any suspicion of any of my other kids.
So, I've never had to go through wondering,
"Okay, well, am I going up here to see somebody else's kids?"
Or, "Am I gonna support her for her and her other dude's kids?"
'Cause he needs to be here if that's the case.
But, at the same time,
I talked to Robin about a situation, too.
That hospital that we had those kids in?
I also lost two of my other babies in that very same room that she was sitting in.
Hmm.
And I told her, it's hard for me to deal with that.
To sit here and think about...
Every time I walk through that hallway in that hospital,
that's the first thing that goes through my mind.
It's me losing my other two daughters.
You know what I mean? So...
So you were avoiding and dealing with more than one issue...
CEDRIC: Yes, ma'am.
...at that time.
And I think it's honest, and I appreciate your honesty
when you say you were running hot and cold.
Because we see that a lot in paternity situations.
But from your standpoint, Miss Luper, you're saying,
"Well, you've been here through the whole pregnancy, where are you now?"
Yeah. I think once the twins got here,
everything just got worse between us on the paternity situation.
Obviously, 'cause we can actually see them.
JUDGE LAKE: So, Mr. Downs, do you feel like you could be the father of one twin
and someone else be the father of the other?
CEDRIC: Yes, ma'am.
With Bishop, I felt a much bigger bond with my son.
Like, every time I see him, when we video chat,
his face just lights up when I'm talking to him. You know what I'm saying?
He knows my face, he knows who I am.
And Brayleigh does, too, to an extent.
But it's just something about my son and when I see him,
it's just like, we connect.
And you feel this because the twins are fraternal twins, right?
ROBINIESHA: Correct.
So what we do know that it is possible
for fraternal twins to be fathered by two different men.
So knowing this, this adds to your belief
that potentially you're the father of only one.
Yes, ma'am.
JUDGE LAKE: This is fascinating.
And so how has this affected your ability to bond with the children?
I know you say when you see your son, he lights up.
Are you feeling like you don't want to get close to Brayleigh
because you don't think she's yours?
And you're trying to form a relationship with...
How are you treating the children?
I mean, when I had flown to California,
she had got me out there to go see the kids.
And, I mean, like I said, we had a good time.
I bonded with both of them.
But, like I said, it's just something about my son
that makes me feel like that that's the one that's mine.
JUDGE LAKE: So you are fully broke up, and you went to California.
Yes, ma'am. She up and left.
Oh, yeah. I left to California.
You did?
ROBINIESHA: Yes.
Why did you leave for California?
For several reasons. I was unhappy with our relationship at this point.
And we're gonna have to be back with his mom.
Like, if I'm gonna have to be back with somebody's mom,
and they're, like, gonna be uncomfortable with me,
I'll take it from my mom, not yours.
I just felt more comfortable going home.
I was unhappy in the relationship.
Like, it wasn't working.
So you went back home?
ROBINIESHA: Correct.
CEDRIC: Your Honor?
Yes, sir.
I just feel like that she knew more than she was telling me from the jump.
And you got a man that's at least trying to stick by and see it through.
I mean, why would you just up, and just out of the blue,
didn't call me, didn't text me, nothing.
I was at work, Your Honor.
And this is the thing.
Usually, when I'm at work, I get text messages, phone calls.
"Hey, baby, what are you doing? We miss you. We love you." Da, da, da, this and that.
I didn't get nothing one day.
And I just knew something was wrong.
So, I get to my house and there's nobody there.
My kids are gone, she's gone, and the first thing on my mind,
because my door's is unlocked too.
Right.
CEDRIC: So, I'm thinking somebody that came in my house,
anybody could've done something to my kids, my girl.
So, I'm like, "Man, what's going on?" So, I'm calling.
And I'm blowing this phone up, and I don't get no response.
And I'm really starting to get worried.
And so my cousin gives me his phone. He's like, "Here, use my phone."
Soon as I call, she picks up the first ring.
I'm like, "What are you doing? Where are you at?"
"Oh, I'm with a friend."
I'm like, "You're not with no friend, you're gonna tell me where you're at with my kids."
And then she told me "Oh, your kids? What do you mean your kids?
"You didn't sign no birth certificate."
I said, "So a piece of paper makes me a father now?"
That this is what we're doing?
How old were the children then?
Maybe a month?
JUDGE LAKE: Miss Luper, I gotta understand this.
Today, you stand before the court saying you are certain Mr. Downs
is the father of your twins.
But your actions during this time
don't seem to indicate that you're trying to keep him connected to the children.
I mean, you say, "I'm unhappy in the relationship."
But you're saying, "This is their father."
ROBINIESHA: Mmm-hmm.
Why up and leave and go clear across the country?
ROBINIESHA: I felt like I had no other option at that time.
I felt like I had no other option.
JUDGE LAKE: But you believed he was their father.
Yes.
And since that time...
I didn't know if this was going to be a permanent decision,
I didn't know if I just needed to breathe,
I just knew at that time I don't wanna go with you.
I don't.
Where do I have to go? Nowhere.
I had nowhere to go in Kentucky.
The only place I had was 3,000 miles away.
I just delivered twins.
Like, I had two babies and nowhere to go. That's how I felt.
JUDGE LAKE: Right.
I had to do what's best for me and my children, regardless.
You could have made those decisions
to make us have a home, to make us be happy.
And they would not have went this way, but you didn't.
So I left. I felt that was my only...
I was four weeks after I delivered twins.
That's where my head space was.
That's what I thought was the best option.
You were in survival mode.
ROBINIESHA: Thank you.
Fight or flight, and I was done fighting with him.
I want to understand from you, Miss Luper,
'cause this is the part I really don't get.
What are your hopes?
You'll still live thousands of miles away.
But you're here in court saying, "You are these children's father."
Do you want to put your family back together?
Do you want to try to work on this?
What do you want today?
I actually have no idea what the plan will look like
if these results do come back that he is the father.
I do not know what the plan will look like.
But I'll never keep those kids away from him.
This was never like, "I'm snatching your kids, you're never gonna see them again."
I flew him to California. I paid for him to come to California to see his kids.
He's an amazing father.
I'm never gonna take that away from him.
But I needed to go.
We can figure out a plan,
we can figure out something that will work for both of us
to where he can see these kids. That's not a problem.
I just don't know what that looks like right now.
JUDGE LAKE: That's fair.
It's how you really feel.
ROBINIESHA: Mmm-hmm.
I think we're in a place now where only the truth
is gonna help us move forward.
Mmm-hmm.
And I have that for you.
Jerome.
(AUDIENCE APPLAUDING)
The results.
(SIGHS)
JUDGE LAKE: We have two children,
and paternity is in question for both.
And because they are fraternal,
we do know that they could be fathered by two different men...
Mmm-hmm.
...so we have two different results.
These results were prepared by DNA Diagnostics,
and they read as follows.
JUDGE LAKE: In the case of Luper v. Downs,
when it comes to 5-month-old Brayleigh Downs,
it has been determined by this court, Mr. Downs, you
are not the father.
(AUDIENCE EXCLAIM)
(PAPER RUSTLES)
(SIGHS)
JUDGE LAKE: The next result reads as follows.
In the case of Luper v. Downs,
when it comes to 5-month-old Bishop Downs,
it has been determined by this court,
Mr. Downs, you
are not the father.
(AUDIENCE EXCLAIM)
(SIGHS)
JUDGE LAKE: I'm very sorry.
(ROBINIESHA SNIFFLES)
Miss Luper, do you know who the children's father is?
Yep.
CEDRIC: But I've been here since the whole time, though.
(ROBINIESHA SNIFFLES)
I'm not a bad guy.
I want to give you a moment, Mr. Downs. I know this was hard.
And I know this was not the result you wanted today.
And this is difficult,
but the children really are the reason why we're here.
CEDRIC: Yes, ma'am.
JUDGE LAKE: They both carry your last name.
Yes, ma'am.
JUDGE LAKE: You are not on their birth certificate.
At some point, they will wonder where did I get the last name "Downs"?
They know I'm their daddy.
JUDGE LAKE: But the question then becomes do you want to continue to be in their life?
I do.
JUDGE LAKE: Miss Luper, you've got two beautiful children,
you've got a man who loves the children.
I hope you will continue to allow him to be in their lives,
but I also hope for their sake
that you will reach out to their biological father
and speak with him
and give him the opportunity to do the same for their sake.
We have counseling and resources for you both
to help you all through this moment.
I wish you all the very best of luck.
Court is adjourned.
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