Hoping You Were Drunk

Added: 2026-05-11

[00:00:01]Plaintiffs Elizabeth McCarter and Jennifer Newman say Elizabeth and the defendant were in a rocky relationship for 10 years and have five children together. However, the defendant denies two of her children. So, Elizabeth petitioned the court for a paternity test and they're suing Elizabeth's ex for unpaid loans.

[00:00:20]Defendant Mark Lona admits that he has doubts about fathering two of Elizabeth's children, but that's because she used to be a swinger. And one of the children looks nothing like Mark. Mark is thrilled that Elizabeth petitioned the court for a DNA test because he wants to know the truth once and for all. All rise. This court is now in session. The Honorable Judge Greg Matthysse presided.

[00:00:46]You may now be seated.

[00:00:49]start with you all.

[00:00:50]>> Well, sir, Mark and I have been in a rocky, sometimes a verbally abusive relationship for over 10 years. We have five children together. Um, two of which he claims are not his. So, today I've petitioned the court to do a DNA test on those two children. Um, he >> Do you put two of them in question, sir?

[00:01:13]>> Yes, sir, I do.

[00:01:14]>> All right. Why? Well, there's a particular issue at hand.

[00:01:18]>> And don't let your kids watch this show, please.

[00:01:20]>> Exactly. Uh there there's a particular issue at hand. Um during the conception dates of uh one particular issue in 2002, prior to the conception of the four four-year-old, uh she had went missing with a female friend of hers, which we which we both in three engaged in uh when we were younger. We all were intimate >> and she disappeared for 10 hours with with uh said woman and her boyfriend.

[00:01:48]>> Oh, >> okay. So, you're suggesting that >> I'm suggesting >> she may have been involved with the boyfriend >> and the girl. Yeah, cuz that's the way she swang back in the day. And then and then after the child came out, white blonde hair, blue eyes, I I then drew a conclusion.

[00:02:04]>> Your honor, >> good enough.

[00:02:05]>> I I was born with blonde hair and blue eyes. So they took all your traits.

[00:02:10]>> This particular child did >> and none of his.

[00:02:13]>> Correct.

[00:02:14]>> Very good. Let's go ahead.

[00:02:16]>> Well, so we would go out in public together, the five girls and us. And someone would make a comment, "Oh, you have five girls." And he would pop off with, "These three are mine. The other two are the >> in front of the girls >> at times." Yes.

[00:02:32]>> That that that's a misunderstanding.

[00:02:33]Actually, it wasn't in front of the girls. Actually, it was on it was to a friend that was a waiter at a restaurant and it was said, but it was in front of the kids.

[00:02:40]>> Do they believe him to be the father? Do they believe him?

[00:02:44]>> Since birth and they call him dad.

[00:02:46]>> And you did this in front of them at a bar?

[00:02:48]>> No. No. I not No, it was not a bar. It was a restaurant. And actually, they were off doing the fun.

[00:02:52]>> They serve drinks.

[00:02:54]>> No. No.

[00:02:55]>> They don't serve alcohol.

[00:02:57]>> No, not at Bullwinkles. No, it was a a It was a a family >> I'm trying to get you off the hook, hoping that you were drunk.

[00:03:03]>> No, sir. No, no. I made the comment.

[00:03:06]It's in my head. It's festering. I didn't do it in front of them.

[00:03:08]>> Did they find out?

[00:03:09]>> They've actually found out. Yes.

[00:03:10]>> She said it at the restaurant.

[00:03:12]>> They found out yes.

[00:03:13]>> How did they find out?

[00:03:14]>> Through her phone calls, through to her friends.

[00:03:16]>> They heard her.

[00:03:17]>> They heard her. Then they asked her and then they asked me and then I had to explain to them how I felt.

[00:03:23]>> Oh, right. Well, >> you didn't want to wait on the paternity test. You just >> I've actually asked uh Well, there came a point in time where we actually >> How How old are the two children? Uh, four and >> four and one, your honor.

[00:03:36]>> One. But it was her sister. It was their sisters that asked.

[00:03:39]>> And you said to the one year old, >> "No, sir. I have five children."

[00:03:42]>> Baby, >> I know you might not understand. Well, >> no. No.

[00:03:48]>> But let me explain. I really I'm not sure whether you're my oneyear-old.

[00:03:53]>> No.

[00:03:53]>> You say you explain to them.

[00:03:54]>> I explain to my children. My children I plural. The ones that you put in question. And the ones who are in question are four and one. No, I did not sit them down and have a heart.

[00:04:04]>> You said it, not me. Just go ahead, ma'am.

[00:04:06]>> Okay.

[00:04:07]>> Well, um, re regardless of what the children have heard or have been told, the older ones are now teasing the younger ones, stating, "You're not Lonzas. You're adopted." Um, but aside from all that, we're here because Marcos, Jennifer, and I $3,000.

[00:04:26]>> Are you aware that the older children teased the younger?

[00:04:29]>> I've been told of the situation. Yes.

[00:04:31]All right. Have you made any effort to try and stop that from happening?

[00:04:36]>> I try to make I try to make an effort.

[00:04:37]Yes.

[00:04:38]>> How?

[00:04:39]>> By letting them know that this situation is not it's pretty taboo. They can't go around doing that.

[00:04:44]>> Okay. Shouldn't talk about it.

[00:04:45]>> Yes.

[00:04:46]>> Good enough. Go ahead.

[00:04:47]>> Um >> he owes you and your co-planif,000.

[00:04:52]>> $3,000.

[00:04:52]>> How so? Um, in February of 2007, we loaned him the money so that he could start a glass blowing business. Um, he said he had an order pending, which I knew of because at the time I helped set up that order.

[00:05:08]>> I'd like to interject for a second. For one, they're over here acting like I asked them for money. It wasn't even like that because in in in uh October of ' 06, we had broken up over a DNA test I requested so that we could put an end to the to the squablin. She wouldn't take it. She ended up putting me out. I moved to Texas. While I was in Texas, I ended up working better in my life. They knew I was a glass blower. I've been a glass blower since O2 and I did it as a hobby.

[00:05:37]They felt that they had enough clients lined up for me and that they could profit from me being a glass blower. So that they were like, "We have Debbie, the this lady here. She'll buy this much stuff from me. She'll" And I was, you know, I was thinking that they encouraged me. They pumped me up and I went for it. Yeah. I accepted their money. And I established a glass blowing shop. And it's >> as a loan or as an investment. Sounds like you're trying to imply it was an investment.

[00:06:02]>> I think it was an investment because they're, you know, they also wanted x amount of percent and whatnot.

[00:06:06]>> Profit, your honor.

[00:06:07]>> Yeah. Profit. Yes, >> ma'am.

[00:06:10]>> However he wants to look at it. For one, we didn't hold a gun to his head and force him to take the money.

[00:06:15]>> Now, how did it go?

[00:06:17]>> Did he tell me how it went that you gave him $3,000 or loaned him or invested as he believes $3,000?

[00:06:24]>> Okay. Jennifer and I both knew that he was >> Jennifer speak.

[00:06:27]>> Thank you.

[00:06:28]>> Mhm.

[00:06:29]>> My husband is in the military, your honor, and I'm a stay-at-home mother.

[00:06:32]So, trying to just, you know, beg Mark to take money from my family is just ridiculous.

[00:06:38]>> How did it occur?

[00:06:39]>> I've known Liz since I was about 13 years old. And I've never liked Mark. I don't trust him. I've never, you know, nothing. Liz called me in January of um '07 saying that Mark was, you know, in Texas now and doing better, trying to start up a business. I had seen some of his work before. He is pretty good at that. Um and wanted to know if I would be willing to loan them or loan Mark money to um you know, try to start this up. And I was a little bit hesitant. I told her that I would think about it. I ended up agreeing to do so. Why? $1,700 because Mark agreed to sign a contract saying that he would pay the money back.

[00:07:24]>> I'm just curious if you and your husband and you can't really afford why would you loan somebody, 1700?

[00:07:30]>> Well, there's perhaps investing 1,700 if you think he's so uh talented that you're going to make a profit. Well, actually loaning the man money. No, actually he was supposed to pay the $1,700 back and then I was supposed to receive um >> a percentage of his future profits um which would be which would be uh interest on the loan.

[00:07:53]>> Go ahead.

[00:07:53]>> They had a $4,500 uh uh uh order on their plate from a particular store that ordered that did their ordering on February 15th. They procrastinated the loan.

[00:08:04]>> Sir, yes. Right now I'm trying to establish whether it was a loan which was only to pay them interest or whether it was an investment of which they were to receive a portion of the profit. She is confused as to whether it's one or the other. She believes it was both. So maybe I can go to the co-planif and what is your understanding of you all delivering $3,000 to him?

[00:08:35]>> I I think the confusion comes in as to how we typed up the agreement.

[00:08:41]>> There we go. We have an agreement over it and both parties signed it.

[00:08:47]>> Yes. All three of us.

[00:08:48]>> What else you want to tell me about the case? I have proof and knowledge that he has made money and profits since then and he still refuses refuses to give us a penny.

[00:08:59]>> So the amount was loaned >> correct.

[00:09:03]>> He also agreed to future profits. So this is really a mixture of profits for the next two years as interest. Okay.

[00:09:14]The form of interest was to come from profits. This is a very, very confusing document that you all put together. Your defense is what, sir? My defense is that they didn't give me the money in time to catch the $4,500 uh order. It went it went by. So, I think it should be null and void. I didn't get that order. And my my my defense about the profits is all the money made is here in invoices for glass, supplies, materials, and everything else. So, there is no profit.

[00:09:44]So, there is no money to give anybody.

[00:09:46]Well, the profit was beyond the loan.

[00:09:51]They in this they say that it was borrowed. Borrowed mean you must pay back. Um read this and tell me where it says that you must have the money on a particular date otherwise the contract is null. And >> it doesn't. That was a verbal.

[00:10:12]>> Doesn't >> it doesn't say that on the contract. Let >> me inform you of the law. The law is you cannot amend a written agreement with a verbal agreement. And if there is a written agreement, any verbal agreement is as you say, null and void. So that's only thing null and void is the verbal agreement you made. Now let's get to whether these are his kids or not.

[00:10:37]Anything else?

[00:10:38]>> I I just don't believe that they deserve that money back. They they >> But you don't believe that the um contract is binding. That's what you're saying?

[00:10:45]>> Yes.

[00:10:46]>> All right. Well, you're wrong. Um, it is binding and you signed it.

[00:10:50]>> Probability of paternity for both children.

[00:10:58]Probability of paternity is 99.99999.

[00:11:05]All right. Uh, judgment for the plaintiffs.

[00:11:10]I'll give them their contract back. I'll give you the results. 3,000 for the plane of >> Thank you, your honor.