You may be seated. Hello, Your Honor. Hello. This is the case of
McCrory v. Mento Smith.
Thank you Ron.
Good day everyone. AUDIENCE: Good day. Ms. McCrory, you and
your husband claimed the defendant’s
Mr. Gene O. Bailey who recently passed away fathered your three
year old daughter, Neveah. You say you will return to
court to fight for your share for Social Security, death
benefits after today’s test proves he is the father.
Is that correct? Yes, Your Honor. Ms. Smith, you and your
daughter say it would be medically impossible
for your ex-husband to be the child’s
biological father, and state the McCrorys are
in this only for the money. Ms. Smith, how can you be
so sure that your ex-husband isn’t the father of
Ms. McCrory’s baby? ‘Cause she’s in it
for the money. Really? That’s all she wants, is the money. JUDGE LAKE:
Why do you say that? This is the prove of the
survival benefits that my daughter… I’d like to see that. Will you pass that to me, Ron? Oh, but the thing is I believe I have every right
to the money. Because if he’s the father of
her, I know 100 percent he is, then he should support her. (AUDIENCE CLAPPING) JUDGE LAKE: But you
understand that Ms. Smith nor Ms. Mento they don’t have anything
to do with how the Social Security Office,
divvies out death benefits. You understand they
are not in charge of that? Yes I do. If she believed that my late ex-husband
was the father of her child why didn’t she get a DNA
test before he died? Why did she wait until
after he died and
then two days later messaged my daughter and asked
for her to give a DNA test? So, you’re saying the timing
of this is off? So, that’s a good question.
Ms. McCrory, why did you wait? I didn’t wait. I heard,
when I was with her her father, Gene, I, he actually wanted to take
a DNA test but he wouldn’t because of his current
girlfriend, he was with because she didn’t want
him involved with me. I know that he’s the
father to my child ’cause he’s the only one
I was sleeping with. So, she has the right
to the benefits, he should support her. He can’t support
her if he’s dead. I believe that all she
wants is the money. Ms. Mento. Yeah. Okay. I see that this is upsetting. It’s hard to hear people
talk about your dad, and the fact that
he may potentially have
another child, Ms. Mento. I really don’t care
if she is my sister. I won’t have nothing
to do with it. ‘Cause I had 19 years and I
wanna remember my father the way he was,
being his only little girl. When I spoke to my father,
he told me that it wasn’t his. He said that there’s
no possibility. She looks nothing like him. And you chose to
believe your father? That’s what you were told. Yes, I believe my father. Okay, in your court papers,
you also say that it is medically impossible for
Ms. McCrory’s child to be your sibling. How is that the case?
Explain it. He had a medical condition that has to do with
the XY chromosome. If he had gotten
someone pregnant it could end up
as a miscarriage. Okay. That’s what you said. You told me he cannot
have kids at all. Will you let me speak please? Well, you’re lying. I’m not lying. I have
the proof right here. All right, let me
see this paperwork. Ron, can you please
pass it to me? This is the proof from
the chromosome specialist. Two different stories… Massachusetts where I’m from. It took me three years to
get pregnant with Sierra, when I was married to
my late ex-husband. JUDGE LAKE: Okay. Miracles do happen. They have called Sierra
a miracle baby. She has inherited
the same chromosome as he had. This is
the reason why she is having a hard
time conceiving. We told her that he had a
medical chromosome condition. You did not. And she sat right there and called us a liar,
that it wasn’t true. JUDGE LAKE: So you’re saying,
you did inform her? She was informed. Because let’s be honest. If in fact this,
you know, Nevaeh, is in fact
his biological daughter the same issue, your daughter
has inherited, she potentially
could have inherited. SMITH: Exactly. So, the stakes are
even higher here. There’s the paternity issue. You’re saying there’s also
the Survivor’s Benefits issue. Potentially. And now there’s
a medical condition at issue. She might not have known
of the medical issue at that point when
she was with him. But we, both my daughter
and I, told her about it. And she called us a liar. JUDGE LAKE: So… It’s not because I’m going
by what he told me. Ms. McCrory, let me…
You know. We’ve had a lot of talk
about the deceased. I have to ask you this. During that window of
conception, that time, were you intimate
with anyone else? No. Up until I was intimate
with him from August until November, 2011. JUDGE LAKE: And there was
no one else in the picture? Do you remember the night you
believe you conceived? Yes! I mean, it was
brown sheets with flowers
and everything and we did it like all
night long. Three times. That I can guarantee
you didn’t do. Well, you know what? You must know maybe you
weren’t good enough then. I was married to the man. Okay, hold on. And let’s keep the
testimony respectful. So, you believed that was
the time you conceived? Yes. And shortly thereafter,
that’s when you found out you were pregnant
and informed. Yes, after we kinda
like drifted apart because I wasn’t gonna
be with a male whore. Oh, I’m sorry to say it that
way but that’s what he was. And one of his relatives even
said growing up that he called him a male gigolo. And there’s even another
child saying that he’s her father out there. Okay. Yeah, now that he’s dead. No, she’s always
said it when he was alive. But we’re not here to
discuss anybody else. We’re here to
discuss your child. Yeah, my child. You’re making my late
ex-husband turned out to be
some kind of idiot. But in reality. No, he’s not. No, I know he’s not. No, honestly he’s not. He was a good man. That’s why you called
him a man-whore. Well, that’s what he is. So, Ms. Smith, who do you believe
the father is? I think it’s her husband,
Mr. McCrory. No, it’s not. No, it’s not. Oh, wait a minute. You believe that the child’s
real biological father is her current husband,
Mr. McCrory. And you believe
this is a plot? This is a conspiracy
between the two of them to try to get the
survivor’s benefit. The whole situation
is, is that my late ex-husband,
is very dark featured. His daughter,
very dark featured. Okay, I feel, I think Nevaeh
looks like Mr. McCrory. Ms. McCrory, who’s on
the birth certificate? My husband. Oh, I can explain why.
No, I can explain why. Do you have the birth
certificate with you? I like to see that. Yeah, we do. Ron, let me see
this birth certificate. I took responsibility
’cause he didn’t want to. He said that he was
about to get rid of… ‘Cause I was his one and only. You’re not his one and only.
He said that… I don’t wanna be involved
because my daughter is gonna be 18 and I don’t
have to pay child support. And I don’t have to pay again. He had to pay child support
till she was 21 years old. He said 18 to me. No, it was 21. Well, that’s what he told me. All right, ladies. Let’s get some control.
This is the certificate of “Live birth, the child’s name,
Nevaeh McCrory “and your father’s name is
listed as your current husband “Keith McCrory.” Now,
Mr. McCrory, you said you stepped up to the plate
because he didn’t want to. Yes. Obviously. So, by the time the child was
born, you were married to Ms. McCrory or
you all were dating? We were dating. He knew that
he was to father because there were several times I
met him in a drugstore and ran in to him and
he’s sitting there saying that “Oh, she’s got my eyes.” And smirking at me,
“Oh, she’s got my face. “She looks just like me.” And he actually texted my wife
at the day of birth and said, “Congratulations,”
and “Can I see her?” Really? Yes he did. And you saw this text? Yes, I did. He was with us the day
your daughter was born. He texted on my cellphone. And why would a man
step up to be a father if someone else’s father
that was well and alive. He’s not the father. Yeah, okay. When I got… Are you stupid? Obviously! I went to every
doctor’s appointment. I went to the ultrasounds. And I was basically with her
for the whole pregnancy. When he wasn’t. So, I fell
in love with that child and I’m gonna be with her
for the rest of my life and get married to her, so why not take responsibility
for someone who couldn’t? (AUDIENCE CLAPPING) You just wanted to
step up to the plate for a child born to
the woman you love and you plan to spend
the rest of your life with? Yes. So, you thought you were
doing the right thing? Yes. Oh, wait a minute. Now Mr. and Ms. McCrory,
you are so convinced that Ms. Mento’s dad
is the father that you submitted
some photos? Yes, Your Honor. On the left we have
photos of Nevaeh. KEITH:His fangs
and her fangs.
the right, Mr. Bailey. KEITH: Yes, and in the
same spot and everything. Their eyes, they’re big,
they’re huge they got the same setting. SMITH: Hers are
bigger than his. So, the court obtained
photos of Nevaeh. Pictured on the left.And Ms. Mento as a child,
on the right.
Do you see a
resemblance there?
No. Yeah. Different hair color but the
facial, the nose, the mouth. No. Looks just like. You’re gonna say no ’cause
you don’t want it to be true. No. I’m not gonna
sit here and lie. That’s what it is. If she looked like my
daughter, I’d say she did.I don’t believe she does.KEITH:The fact is that she’
still in love with him
and she can’t see anybody else
with him, sleeping with him. He actually told me that once,
you’re still in love with him, always bugging him. You know, what something,
he was my true love,
my only love, okay? He never even liked you. If he didn’t like me then
why sleep with me? She has done
nothing but harass my daughter for two years. No, no! And I have some proof from,
we made a memorial. That’s what I wanna
see is some proof. Ron, let me have that proof. What is this proof of? In honor of him when he died. So, they decided to go
onto the memorial page and message the administrators which is me, myself
and my son-in-law. And this is just some of
the stuff that they text or wrote to me. So you put up a memorial page? MENTO: I’m the one
that made it. You did, for your dad,
once he passed away? And you got messages
that said, from the McCrorys, (READING) And a message that said, (READING) Why would you put this
up on a memorial page? I put it up there ’cause you
know, it’s just saying “I can’t wait for her to
meet her sister,” and “I want other people to know.” No, no, this did not
have a good intention. Let’s not pretend.
Hold on, hold on, hold on. Now, I wanna hear the
testimony but don’t feed me a bunch, listen, that does
not say “Boo Boo the Fool.” You did not put this on that
page with any good intention. But see, this is the thing. So, why do that to her after
her father passed away? We’ve been harassed
for four years. She would make fake profiles of my wife and
my stepdaughter. So, in other words,
in other words you’re doing this
to get back at her? I mean, yeah,
I’m gonna get angry. Right, so don’t testify in the
beginning that you were doing it because you were so happy for her to meet
her little sister.
That’s a lie. Just tell the truth
from the get-go. (AUDIENCE CLAPPING) You think I can’t sit here
and see that this has been years of back and forth
drama between you all. So, all I’m saying is,
don’t feed me a bunch of lies like
I’m gonna believe that, when you know very well that
you had no good intention on sending that. Just say “We’ve been on a Facebook,
social media war.” And I wanted to
get back at them. I might not like it, but at
least I know it’s not a lie. KEITH: Yes, Your Honor. (AUDIENCE CLAPPING) I’m done with this.
Ron, give me the results. Yes, ma’am. (AUDIENCE CHEERING) Fake profiles, fake.
Everybody fake. JUDGE LAKE: No, really.
This is just a mess. There is a child.
A three-year-old child, that has no clue,
who her father is. And if Mr. Bailey,
is her biological father he’s deceased. We got bigger fish to fry
than this nonsense. (AUDIENCE CLAPPING) These results were prepared
by DNA diagnostics and they read as follows. Ms. Smith, you have testified
today that you believe Mr. McCrory, is in fact,
Nevaeh’s biological father. Yes. JUDGE LAKE: We had him tested. In the case ofMcCrory McCror
v. Mento Smith
when it comes to three-
year-old, Nevaeh McCrory it has been determined by
this court, Mr. McCrory you are not the father. Thank you. Told you. JUDGE LAKE: Are we ready
for the next result? KEITH: Yes, Your Honor. Now because there wasn’t
a blood card available to test the DNA of the
deceased, Gene O. Bailey, we performed what’s
called a “sibling test” in order to determine if
Nevaeh McCrory is the sister of
Sierra Marie Mento.Both Rose Marie McCrory
and Tina Marie Smith
were also tested in order to
determine if there is a viable relationship between
Nevaeh and Sierra Marie. Do you understand? Yes, Your Honor. Yes. Moving forward with the
results, in the case ofMcCrory McCrory v. Mento SmithMoving forward with the
results in the case ofMcCrory McCrory v. Mento Smithit has been determined
by this court that Nevaeh McCrory
and Sierra Marie Mento are not related. Told you. Told you. Now, we’re both even. Now, the harassment can stop. Yeah, well maybe you
better find out who
your baby daddy is. Ms. McCrory. Why don’t you look surprised?
You just… I mean, I read the results and honey, you just
flipped that page right on to the next, and went
arguing over at Ms. Smith. Now, you testified here for a
good 30 minutes of my time that there was no other
possible father in the world. Well, I read the results.
Moving on. I have to ask you, do you know
who your child’s father is? I know who, but I’m not
saying it in here. JUDGE LAKE: You don’t have
to tell me the name. I just wanna know if you know. Yeah. Because that’s
what’s important. But I’m not saying it. I am happy if this situation with Nevaeh,
and her real biological father can be solved in the living
room instead of the courtroom. Trust me, we’re here
as a last resort. We are here for families
who need us because they can’t get down to
the bottom of the situation without us. That’s
what we do here. But if you can leave out
of this court room and dial that man’s
number and say “Hey, I’d like to talk to you.
I have some information.” And you all never have
to come see me, thank you, Lord. (AUDIENCE CLAPPING) JUDGE LAKE: No, really. We have counseling for you. Take advantage of it. I see
you’re in tears, Ms. Smith. It’s happy tears though. JUDGE LAKE: Because that’s
your little girl. Do right by Nevaeh.
She’s such a beautiful girl. Yes, she is. I wish you all the
very best of luck. Court is adjourned. (AUDIENCE CLAPPING)