Hoping You Were Drunk

0:01 [music]

0:01 Plaintiffs Elizabeth McWhorter and Jennifer Newman

0:04 say Elizabeth and the defendant were

0:05 in a rocky relationship for 10 years and have five children together.

0:10 However, the defendant denies two of her [music] children.

0:13 So, Elizabeth petitioned the court for a paternity

0:15 test and they're suing Elizabeth's ex for unpaid loans.

0:20 Defendant Mark Lona [music] admits that he

0:22 has doubts about fathering two of Elizabeth's children.

0:25 But that's because she used to be a swinger

0:27 and [music] one of the children looks nothing like Mark.

0:30 Mark is thrilled that Elizabeth petitioned the court for a DNA test

0:34 because he wants to know the truth [music] once and for all.

0:38 All rise.

0:40 This court is now in session.

0:42 The honorable Judge Greg Mathis presiding.

0:46 You may now be [music] seated.

0:49 Start with you all.

0:50 Well, sir, Mark and I have been in a rocky

0:54 sometimes a verbally abusive relationship for over 10 years.

0:59 We have five children together.

1:02 Um two of which he claims are not his.

1:04 So, today I've petitioned the court to do a DNA test on those two children.

1:09 Um he Do you put two of them in question, sir?

1:12 Yes, sir, I do.

1:14 All right.

1:15 Why?

1:16 Well, there's a particular issue at hand.

1:18 And don't let your kids watch this show, please.

1:20 Exactly.

1:21 Uh the there's a particular issue at hand um during the conception dates

1:26 of uh one particular issue in 2002

1:29 prior to the conception of the four four-year-old.

1:32 Uh she had went missing with a female friend of hers which

1:35 we which we both and three engaged in uh when we were younger,

1:40 we all were intimate.

1:42 And she disappeared for 10 hours with with uh said woman and her boyfriend.

1:49 Oh.

1:49 Okay, so you're suggesting that I'm suggesting that

1:52 have been involved with the boyfriend.

1:54 And the girl, yeah, cuz that's the way she swung back in the day.

1:58 And then and then after the child came out white

2:00 blonde hair blue eyes I I then drew a conclusion.

2:04 Your honor.

2:05 Good enough.

2:05 I I was born with blonde hair and blue eyes.

2:08 So, they took all your traits.

2:10 No, this particular child did.

2:12 And none of his.

2:13 Correct.

2:14 Very good.

2:15 Let's go ahead.

2:16 Well, so we would go out in public together.

2:20 The five girls and us and someone would make a comment, "Oh,

2:24 you have five girls." And he would pop off with, "These three are mine.

2:28 The other two are the mailman's." At times, yes.

2:32 That that that's a misunderstanding.

2:33 Actually, it wasn't in front of the girls.

2:34 Actually, it was on it was to a friend

2:37 that was a waiter at a restaurant and it was said,

2:39 but it wasn't in front of the kids.

2:41 him to be the father?

2:42 Do they believe him to be the father?

2:44 birth and they call him dad.

2:46 And you did that in front of them at a bar?

2:48 No, no, I No, it was not a bar,

2:50 it was a restaurant and actually they were off doing the functions.

2:53 drinks?

2:53 No.

2:55 No.

2:55 They don't serve alcohol?

2:56 No, not at Boo Winkles, no.

2:58 It was a It was a family to get you off the hook hoping that you were drunk.

3:03 No, sir, no.

3:04 No, I made the comment.

3:05 It's in my head.

3:06 It's fresh in my I didn't do it in front of them.

3:08 Did they find out?

3:09 They've actually found out, yes.

3:11 it at the restaurant.

3:12 They found out, yes.

3:13 How did they find out?

3:14 Through her phone calls through it to her friends.

3:16 They heard her.

3:17 They heard her.

3:18 Then they asked her and then they asked me

3:20 and then I had to explain to them how I felt.

3:23 No, right.

3:24 Well, You didn't want to wait on the paternity test.

3:27 You just

3:27 I've actually asked uh well, there I came a point in time where we actually

3:30 How old How old are the two children?

3:32 Uh four and Four and one, your honor.

3:36 One.

3:37 But it was her sister It was their sisters that asked.

3:39 And you said to the one-year-old No, sir, I have five children.

3:44 Baby, I know you might not understand well.

3:46 No.

3:47 No.

3:47 But let me explain I really I'm not sure whether you're my one-year-old.

3:52 No.

3:53 You said you explained to them.

3:54 I explained to my children.

3:56 My children are plural.

3:57 I have five.

3:58 I have five.

3:59 put in question.

3:59 And the ones who are in question are four and one.

4:02 No, I did not sit them down and and have A HEART IT, NOT ME.

4:05 Let's go ahead, ma'am.

4:08 Okay.

4:07 Well, um re- regardless of what the children have heard or have been told,

4:14 the older ones are now teasing the younger ones.

4:17 Stating, "You're not Lonaz.

4:19 You're adopted." Um but a- aside from all that, we're here because Marcos,

4:24 Jennifer, and I three thousand dollars.

4:26 Are you aware that the older children tease the younger?

4:29 I've been told of the situation, yes.

4:31 All right.

4:32 Have you made any effort to try and stop that from happening?

4:36 I try to make I try to make an effort, yes.

4:39 How?

4:38 By letting them know that this situation is not It's pretty taboo.

4:42 They can't go around doing that.

4:44 Okay.

4:44 Shouldn't talk about it.

4:46 Yes.

4:46 Good enough.

4:46 Go ahead.

4:47 Um so

4:48 you and your co-plaintiff three thousand.

4:52 dollars.

4:52 How so?

4:53 Um in February of 2007,

4:56 we loaned him the money so that he could start a glass blowing business.

5:01 Um he said he had an order pending,

5:04 which I knew of because at the time I helped set up that order.

5:08 I I'd like to interject for a second.

5:10 For one, th- they're over here acting like I asked them for money.

5:14 It wasn't even like that.

5:15 Because in in in October of '06, we had broken up over a DNA test I requested so

5:23 that we could put an end to the to the squabbling.

5:25 She wouldn't take it.

5:26 She ended up putting me out.

5:28 I moved to Texas.

5:29 While I was in Texas, I ended up working better in my life.

5:32 They knew I was a glass blower.

5:33 I've been a glass blower since '02, and I did it as a hobby.

5:37 They felt that they had enough clients lined up for me,

5:40 and that they could profit from me being a glass blower,

5:44 so that they were like, "We have Debbie the the this lady here,

5:47 she'll buy this much stuff from you,

5:49 she'll buy and I was you know I was thinking that they encouraged me,

5:51 they pumped me up and I went for it.

5:53 Yeah, I accepted their money and I established a glass blowing shop and it's

5:58 or as an investment?

5:59 Sounds like you're trying to imply it was an investment.

6:02 I think it was an investment because there you

6:03 know they also wanted X amount of percent and whatnot.

6:06 Your honor.

6:07 Yeah.

6:07 Profit.

6:08 Yes.

6:09 Ma'am.

6:10 However he wants to look at it,

6:12 for one we didn't hold a gun to his head and force him to take the money.

6:16 How did it go?

6:16 And Didn't he tell me how it went that you gave

6:19 him 3,000 or loaned him or invested as he believes $3,000?

6:24 Okay, Jennifer and I both knew that he was good at

6:27 speak.

6:27 Thank you.

6:29 My husband is in the military, your honor, and I'm a stay at home mother.

6:31 So trying to just you know,

6:35 beg Mark to take money from my family is just ridiculous.

6:38 How did it occur?

6:39 I've known Liz since I was about 13 years old and I've never liked Mark.

6:44 I don't trust him, I've never you know, nothing.

6:48 Liz called me in January of um '07 saying

6:51 that Mark was you know in Texas now and doing better,

6:55 trying to start up a business.

6:58 I had seen some of his work before, he is pretty good at that.

7:01 Um and wanted to know if I would be willing to loan them

7:06 or loan Mark money to um you know try to start this up.

7:11 And I was a little bit hesitant.

7:13 I told her that I would think about it.

7:15 I ended up agreeing to do so.

7:19 Why?

7:18 $1,700 because Mark agreed to sign a contract

7:22 saying that he would pay the money back.

7:24 I'm just curious, if you and your husband and you can't really afford,

7:28 why would you loan somebody $1,700?

7:30 Well, there's more to it.

7:32 investing $1,700 if you think he's so

7:35 talented that you're going to make a profit.

7:38 Well, actually he was supposed to pay

7:39 to a man money and getting

7:41 he was supposed to pay the $1,700 back and then I was supposed to receive

7:45 a percentage of his future profits which would

7:50 be which would be interest on the loan.

7:53 Go ahead.

7:53 They had a $4,500 order on their plate from a particular

7:58 store that ordered that did their ordering on February 15th.

8:02 They procrastinated the loan.

8:05 Sir?

8:05 Yes.

8:05 Right now I'm trying to establish whether it

8:08 was a loan which was only to pay them

8:11 interest or whether it was an investment of which

8:16 they were to receive a portion of the profit.

8:20 She is confused as to whether it's one or the other.

8:24 She believes it was both.

8:27 So maybe I can go to the complaint if and what

8:30 is your understanding of you all delivering $3,000 to him?

8:35 I I think the confusion comes in as to how we typed up the agreement.

8:41 There we go.

8:41 We have an agreement.

8:43 That's what I'm dealing with.

8:45 And both parties signed it.

8:46 Yes, all three of us signed.

8:48 What else you want to tell me about the case?

8:49 I have proof and knowledge that he has made money and profits

8:54 since then and he still refuses to refuses to give us a penny.

8:58 So the amount was loaned.

9:03 Correct.

9:03 He also agreed to future profits.

9:07 So this is really a mixture of profits for the next 2 years as interest.

9:14 Okay, the form of interest was to come from profits.

9:17 This is a very very confusing document that you all put together.

9:23 Your defense is what, sir?

9:25 My defense is that they didn't give me

9:26 the money in time to catch the $4,500 order.

9:31 It went It went by.

9:33 So I think it should be null and void.

9:34 I didn't get that order.

9:35 And my my my defense about the profits is all

9:38 the money made is here in invoices for glass supplies,

9:41 materials, and everything else.

9:43 So, there is no profit.

9:44 So, there is no money to give anybody.

9:46 Well, the profit was beyond the loan.

9:50 They in this they say that it was borrowed.

9:55 Borrowed mean you must pay back.

9:57 Um read this and tell me where it says

10:02 that you must have the money on a particular date,

10:07 otherwise the contract is null and void.

10:11 That was a verbal.

10:12 Doesn't?

10:12 It doesn't say that on the contract.

10:14 the law.

10:15 The law is you cannot amend a written agreement with a verbal agreement.

10:22 And if there is a written agreement,

10:24 any verbal agreement is, as you say, null and void.

10:29 So, that's only thing null and void is the verbal agreements you made.

10:33 Now, let's get to whether these are his kids or not.

10:36 Anything else?

10:38 I I just don't believe that they deserve that money back.

10:40 They They They procrastinated.

10:41 believe that the um contract is binding.

10:44 That's what you're saying.

10:45 All right.

10:46 Well, you're wrong.

10:47 Um it is binding.

10:49 You signed it.

10:50 Probability of paternity for both

10:55 children probability of paternity is 99.999999999.

11:05 [applause] All right.

11:06 Um judgment for the plaintiffs.

11:09 I'll give them their contract back.

11:12 I'll give you the results.

11:13 3,000 for the plaintiffs.

11:15 Thank you, Your Honor.

11:18 [applause]