Brown attorneys ask for boy's DNA

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AIKEN - Attorneys for James Brown's estate want a judge to order DNA taken from the 5-year-old boy who bears his name for use in a future paternity test.

Longtime Brown adviser Buddy Dallas first said shortly after the 73-year-old singer's death Christmas Day that James Brown II's paternity was in question, but no tests have been conducted to put the issue to rest.

Mr. Dallas said he could not say why he thinks the boy might not be Mr. Brown's son "without violating my confidentiality arrangement with Mr. Brown."

"There was good reason for that issue to be raised. Otherwise, it would not have been," he said.

DNA was taken from Mr. Brown's body early this month in anticipation of paternity claims filed against his estate by other children the singer might have fathered.

Now a motion filed in Aiken County Court on Monday asks that DNA be taken from James II, who was born in June 2001, a few months before Mr. Brown married his mother, Tomi Rae Hynie Brown.

Mr. Dallas said Mrs. Brown's attorney, Robert Rosen, has said the boy "would not be available for DNA testing, and the attorneys for the estate felt that at some point, that would be an issue."

"If I was Ms. Hynie, I would want to get this issue settled," he said.

Efforts to reach Mrs. Brown on Monday were unsuccessful. Calls to her cell phone would not go through, and a message to her attorney was not returned. Her spokesman, Michael Mason, said he couldn't comment because he hadn't spoken to Mrs. Brown.

Neither Mrs. Brown nor her son were mentioned in the singer's will - which was drafted more than a year before the couple exchanged vows - and the validity of the marriage has also been called into question.

Mrs. Brown was married to a Pakistani man before she married the singer, but she did not have that marriage annulled until 2004.

She says a Charleston judge ruled that her first marriage was void from the beginning because it was never consummated and there were allegations that Javed Ahmed used her to obtain a green card.

Mr. Brown's attorneys say her marriage to the singer is not valid because she never remarried him after her first marriage was annulled.

Mrs. Brown has challenged Mr. Brown's will as his "omitted spouse" and demands part of his estate.

South Carolina probate law states that if a person makes out a will before a child is born, the child receives the same portion he or she would have if the parent died without a will.

Reach Sandi Martin at (803) 648-1395, ext. 111, or sandi.martin@augustachronicle.com.

Comments (38) Add comment
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a2
1
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a2 03/27/07 - 06:51 am
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Why does the DNA need to be

Why does the DNA need to be given now? At the appropriate time the court will request it.
Big D, you make me sick ! I would think you have more pressing things to complete right now, like finishing itemizing the items in the estate and making sure the personal property is distributed.
Unless you are going to make provision to give this little boy a trust fund from the money in the estate, you don't need to have this right now.
You are probably made that the family has come together.
Jealousy is a terrible thing.

Team Tommi Rae still in the house!!!!!

EdithPiaf
2
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EdithPiaf 03/27/07 - 07:12 am
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I think ALL of his children

I think ALL of his children should be submitted to a DNA test. Why should they just single out Little James? GO TEAM TOMI RAE!!!

intheknow
16
Points
intheknow 03/27/07 - 07:34 am
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So easy after a person is

So easy after a person is dead to claim that they believed something. I would have thought that Mr. Brown who have been honest enough to bring forth any doubt while he was alive. I believe that this guy Dallas is a LIAR. That's the only thing big about him.

cricketflea
3
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cricketflea 03/27/07 - 08:17 am
0
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DNA should be done on ALL the

DNA should be done on ALL the children who want to claim James Brown as father. Once paternity is established, then EACH child has that DNA proof in order to do battle with. Go get your DNA proof children!!!!!!

brownskin30434
2
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brownskin30434 03/27/07 - 08:31 am
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Word that comes to mind when

Word that comes to mind when I think of Tomi Rae is "skanky", word that comes to mind when I think of Buddy Dallas is "vulture".
It really doesn't matter if James Brown is the father of James II. James supported this child as if he were his for the child's entire life. Why change now. If James was so sure that this child wasn't his, he should have taken steps to ensure that this child did not share in his money, prior to his death. Mr. Brown didn't do this, he let the child use his name. If this child is left out of his share of his inheritance, so should all other children claiming to have been fathered by James Brown.

areyoukidding
1
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areyoukidding 03/27/07 - 08:46 am
0
0
Grace is correct. James

Grace is correct. James Brown Sr. is the only person who has the right to ask for the child's dna. If James Sr. treated this child as his own, then the child is his child whether the dna says so or not. James Sr. could have asked paternity be proven when he was alive. But, he did not. Same for James Sr.'s other children he treated as his own. Now these "new" children coming out of the woodwork - that's a different story. Even if the dna of these "new" children prove they are James' children, he did not hold them out as his own, nor did these "new' children come forward when James' himself could have made a choice to treat them as his own or demand dna.

wise
1
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wise 03/27/07 - 08:54 am
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I agree all of the children

I agree all of the children should be tested if there is testing done. The youngest should not be singled out. He looks more like James than the rest of the Brown children.

fergie01
0
Points
fergie01 03/27/07 - 08:58 am
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go team tomi rae! all should

go team tomi rae! all should have dna. who are some of the other people claiming to be his offspring? i haven't heard of any names. if you know where i can find this article let me know. it has to be interesting. it's a blue light special now..everybody line up. if jb was so sure that jr wasn't his why did he name him jr?

babydoll1
11
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babydoll1 03/27/07 - 09:11 am
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The way to solve the problem

The way to solve the problem and to get it over with is for Tomi to submit the child to the DNA and let that speak for itself. The longr she takes the child is going to contiune to miss out on what is his if he is the son. Why keep dragging the issue out? If the mother does not have any doubts than just take the test and get it over with. Either one or two things will happen A=James is the son or B= James is not the son.

a2
1
Points
a2 03/27/07 - 09:17 am
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Why should Mr. Dalls decide

Why should Mr. Dalls decide when the test is given? He wouldn't be running me neither.

your name
0
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your name 03/27/07 - 09:21 am
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Mr Brown accepted 'Little

Mr Brown accepted 'Little Man' and signed a birth certificate. His or not, by signing that document he accepted the responsability of providing for the child. While I agree the adults are acting inapproprately the child has special needs and deserves to be provided for.

InChristLove
22481
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InChristLove 03/27/07 - 09:46 am
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I still don't understand what

I still don't understand what all the fuss is about DNA testing for James Brown Jr. James Brown Sr acknowledged this child as his son, signed the birth certificate, and gave this child his last name. What difference does it make if the parents were married or not or even that he may not be his child? If you adopt a child, the father is still financially responsible for that child even though he/she is not biologically yours. If two people never marry but had a child together, the father signs the birth certificate, that man is financially responsible for that child. So what makes this case any different - MONEY'S INVOLVED. Yeah, the easiest thing to do if Tomi has not doubts is to go ahead and have James Jr tested but why single out this child, have all the children tested. Personally, if I was her I'd be concerned about who gathered the DNA and where has it been kept until now and is there any possibility of contamination. Where money is involved trust no one.

Richmondcountyresident
0
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Richmondcountyresident 03/27/07 - 11:27 am
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Why all the fuss about little

Why all the fuss about little James taking a DNA test. Most of you are just afraid the truth will come out. If he is really James Brown son there is nothing to worry about.The other children are in the will nothing can change that.

intheknow
16
Points
intheknow 03/27/07 - 11:39 am
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0
Why would anyone of us be

Why would anyone of us be afraid of the results of the test? We will not get one thin dime. The bottom line is that Mr. Brown had 5 years to decide whether or not he felt James was his son. All we have is the words of a self-serving lawyer that he had doubt. I think you are the one that needs to wake up because one way or the other, I will not lose any sleep.

ForHim
2
Points
ForHim 03/27/07 - 01:01 pm
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Just a little tidbit of

Just a little tidbit of information that ya'll may not know. James Brown (the Godfather of Soul) is actually James Brown Jr. His father was James Joseph Brown, Sr. The child that the DNA has been requested on is James Brown II. When you name a child after their father, you would use the suffix Jr. When you give a child the name of another relative that is not the father, you would add the suffix II.

CleverUserName
0
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CleverUserName 03/27/07 - 01:26 pm
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Actually, it sounds like Tomi

Actually, it sounds like Tomi Rae and JB were trying to follow suffix etiquette, but screwed it up. The little boy should have been named the third (III) instead of the second (II), per Miss Manners. Giving him the suffix II doesn't mean he was named after someone else. My parents decided to buck that rule with my brother because my mom's sibling was called Junior but died when he was 16. It was too painful to name her son that, so they went with II instead of Jr. So really, who cares if parents follow proper naming etiquette? It's their child. They can choose any name they want.

crystalball
1
Points
crystalball 03/27/07 - 01:30 pm
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Tomi agree to the DNA test

Tomi agree to the DNA test unless you think there will be a problem. I hope if James Brown II receives any monies it will be put in a Trust Fund,

sept1970
0
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sept1970 03/27/07 - 02:41 pm
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Dearesr areukidding, How do

Dearesr areukidding, How do you know who Mr. James Brown claimed as his children. You have no idea who Mr. Brown took care of? Just because he didn't put all of his childsren in his will, doesn't mean he didn't take own them. Things have a way of working out themselves. It's time for the his other children to come out from where-ever. Do your homeworkl!!

Nothing else to say
2
Points
Nothing else to say 03/27/07 - 03:11 pm
0
0
I agree all "the children"

I agree all "the children" should be given a DNA test that would settle the question of whether JB was the father. Yes, he claimed James II because I heard him introduce Tomi as his wife and James II as his son.

fallguy
0
Points
fallguy 03/27/07 - 07:02 pm
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0
for Don1 based on what you

for Don1

based on what you said, if James Brown Jr. had a son, what would he be called? james Brown ?????????

jrock1956
0
Points
jrock1956 03/27/07 - 09:48 pm
0
0
Why would Mr Brown's grown

Why would Mr Brown's grown children be given a DNA test? If there was a question of paternity. Then that would've been settled YEARS ago since they are in their 40's now! Did James have doubts above James Jr. being his son? That goes without saying. A father signing the birth certificate of his child is only an assumption of paternity. The final word these days is DNA! Get it over with. Get tested! Move on!

areyoukidding
1
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areyoukidding 03/28/07 - 07:35 am
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sept1970 your response makes

sept1970 your response makes no sense. I am using the only tool I have for "research" - Mr. Brown's life in the public. That aside, my point is - if Mr. Brown held some of these new children out as his own, then my general premise is the same - those he chose not to recognize or didn't come forward before he died have no standing now and those he did recognize count as his children whether the dna matches or not.

I am at a loss as to why my response touched a nerve with you and other reponses saying the same thing did not. Perhaps you just needed someone yesterday to aim a nasty at. Hope you feel better.

EdithPiaf
2
Points
EdithPiaf 03/28/07 - 08:24 am
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jrock-- you ask why should

jrock-- you ask why should his grown children be given a DNA test... why are they any different from Little James? And no, it does not go without saying. I don't ever recall him questioning if that was his child. The Godfather is NOT the one requesting a test. For that very reason, they ALL should be subject to testing.
If he had doubts about him being the child's father, I'm sure he would have had tests done while he was alive. This is all Buddy Dallas' idea. If the child is not his, that means more of a cut for Dallas. If he could prove that Tomirae was not his wife, that means more of a cut for Dallas. He's greedy and low down.
He was supposed to be James Brown's legal "counsel", so why didn't he bring these things to his attention while he was alive? I know why. So he could do exactly what he's doing. He obviously had all this planned, or else he would not have been at James Brown's estate early Christmas morning to lock the gates.
There is no question that James Brown loved Tomirae and their son. If anyone can come up with anything that even hints other to that fact, then kudos to ya. I'd like to see it. When he talks about Tomirae, he refers to her as "my wife".

EdithPiaf
2
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EdithPiaf 03/28/07 - 08:32 am
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When he talks about Little

When he talks about Little James, he refers to him as "my son"... even Deanna Brown refered to him as "my little brother" on that comcast interview. There is footage of James Brown receiving an award in London or somewhere in Europe last year. At the end of his acceptance speech he said, "I love you, Tomirae."
When he went to NYC to accept his MLK award, there was a photo in Jet magazine of him holding Little James' hand while the Godfather was laughing with Al Sharpton. I think it's just despicable that all this hoopla is going on. I'm sure he would not have wanted them to be treated like this at all!

knighton
0
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knighton 03/28/07 - 08:56 am
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CleverUserName, you should

CleverUserName, you should have also pointed out to don1 that he or she misspelled "y'all." you+all=y'all The apostrophe replaces (and therefore is inserted for) the letters that are missing.

sept1970
0
Points
sept1970 03/28/07 - 09:29 am
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With all respect to you

With all respect to you (areyoukidding) I didn't mean to sound nasty to you/no one else. I simply said what I KNOW for a fact. Everything about Mr. Brown is not written for the public. Some things Mr.Brown took to the grave with him. You and I both know that he COULDN'T say all things out loud, but now he's deceased. I can truly say, things have a way of working out. And yes, I'm feeling better each day. Thank-you! I happened to be one of his children that he kept quite for 36 years. I hope you have a nice day.

what
0
Points
what 03/28/07 - 10:31 am
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0
Who really cares! It's not

Who really cares! It's not our business who is his child or not. Just because this man was a "star" we do not need to know how is estate is settled.

september 5th
1
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september 5th 03/28/07 - 12:51 pm
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i wonder if buddy dallas is

i wonder if buddy dallas is going to give dna to see if james brown is his father--since he seems to be so interested in the dead man's money just like all the alleged children...hmmmm

september 5th
1
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september 5th 03/28/07 - 12:54 pm
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AND: dna testing on the

AND: dna testing on the little boy would be a waste...look at that kid! even a blind man can see that james brown is the biological father and the kid even dances like his daddy! now that big son of james brown might need to be tested --he looks nothing like his "james brown"

fergie01
0
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fergie01 03/28/07 - 12:59 pm
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i recogonized the song with

i recogonized the song with the user name. not all of us are ignorant to the facts. as far as this not being our business..you are right. but when you put your business in the street it becomes everybodies business. right or wrong? and sept1970 time for you to open wide for your dna. step up and go for it. anyone on this sounding board would.

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