Tomi Rae wins fight; son gains say in court

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AIKEN - James Brown's disputed fourth wife got her wish on Wednesday, as a judge appointed the Charleston attorney she wanted to be her son's guardian ad litem.

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Mrs. Brown reacts as her lawyer, Robert Rosen, speaks to media after the hearing. Representatives for Mr. Brown have questioned the paternity of James II and are calling for a DNA test.  Rainier Ehrhardt/Staff
Rainier Ehrhardt/Staff
Mrs. Brown reacts as her lawyer, Robert Rosen, speaks to media after the hearing. Representatives for Mr. Brown have questioned the paternity of James II and are calling for a DNA test.

Judge Jack Early named Stephen Slotchiver to the position during a brief hearing in Aiken County Court, paving the way for a decision on whether to take DNA from James Brown II to determine his paternity.

The late soul singer's personal representatives have questioned whether the 5-year-old boy, who was in the courtroom Wednesday with his mother, Tomi Rae Hynie Brown, is Mr. Brown's son.

They also objected to Mr. Slotchiver, arguing that the guardian should be from the Aiken area because this is where court hearings will be held.

Mrs. Brown said she is happy that Judge Early approved her selection and "that my son is going to have a voice in all these cases."

She's challenged her husband's will - which was drafted before they wed and before their son was born and does not mention either one of them - as his "omitted spouse."

Her Charleston attorney, Robert Rosen, spoke harshly about efforts by the trustees to derail the appointment of the guardian they wanted.

The trustees "locked this boy out of his house and wouldn't give him his clothes," Mr. Rosen said. "And now they want to deprive him of his father, and they want to pick the person who's going to represent him?

"I don't think so."

The trustees - Buddy Dallas, Alford Bradley and David Cannon - have asked Judge Early to order that DNA be taken from the child, but a hearing on that issue likely won't take place until mid-May.

A tentative one set for May 2 has been delayed because Mr. Rosen asked for a continuance.

Mr. Rosen criticized the implication that James II might be illegitimate and reiterated that Mrs. Brown is willing to have her son undergo DNA testing - just as soon as the singer's other children do the same.

"He (Mr. Brown) has said to everyone who'd listen ... this is his son," Mr. Rosen said.

Other issues are also still outstanding.

Attorneys for the children named in Mr. Brown's will have accused the trustees of trying to bribe one of the singer's sons-in-law to give up any claims his children might have to the estate.

They've also asked for a full accounting of the singer's estate.

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

Comments (52) Add comment
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patriciathomas
42
Points
patriciathomas 04/26/07 - 06:00 am
0
0
The judge should just tell

The judge should just tell everyone claiming to be an offspring of JB and claiming a peice of his estate to prove that their dna matches. I have no problem using this method to varify who I'm descended from, why should they? It seem all disagreements would be settled then.

stumpjumper
2
Points
stumpjumper 04/26/07 - 06:44 am
0
0
Hang inthere Tomi Rae. Right

Hang inthere Tomi Rae. Right is wrong and wrong is wrong. You of all people should know who the child's father is. I still think you're hot and ............

m23866
0
Points
m23866 04/26/07 - 07:01 am
0
0
wohoooo let the spending

wohoooo let the spending begins!!!!!!! i bet now the kid wont have a decent bed to lay on theres 4 known bars in augusta i wonder wich one she will be hitting first........any bets?

gofigure
0
Points
gofigure 04/26/07 - 08:23 am
0
0
I agree with her! Have all

I agree with her! Have all the children take DNA tests. This would be fair- but of course I don't seem to recall anything about this mess being fair! That little boy is being put throught the ringer and by who? If I were a judge I would give everything to the little one and put it in a trust where his mother couldn't touch it and only he can have it at a reasonable age.

pollster41
0
Points
pollster41 04/26/07 - 09:15 am
0
0
To the kids of of Mr

To the kids of of Mr Brown,take t DNA test. Tomi is playing the wild card texas hold-em. She knows if she loses, one of the others will too.

Top Notch
0
Points
Top Notch 04/26/07 - 10:14 am
0
0
Not Neecy (sp?)- that girl

Not Neecy (sp?)- that girl looks and dances JUST like her father.

la la la
0
Points
la la la 04/26/07 - 10:32 am
0
0
It is a shame his teeth are

It is a shame his teeth are rotten. She just had $53,000 worth of "work" done.

september 5th
1
Points
september 5th 04/26/07 - 10:37 am
0
0
yeah tomi rae! ray charles

yeah tomi rae! ray charles could tell that little james is james browns' son..he looks more like one of his children than the others! (except for the daughter that looks like his twin!) yeah tomi rae!

jkt
1
Points
jkt 04/26/07 - 10:44 am
0
0
who cares!!!!!!!!

who cares!!!!!!!!

The A Train
0
Points
The A Train 04/26/07 - 11:15 am
0
0
Leave The Godfather alone--

Leave The Godfather alone--

Rose
17
Points
Rose 04/26/07 - 12:04 pm
0
0
la la la, I think children

la la la, I think children lose baby teeth around 6.

jrock1956
0
Points
jrock1956 04/26/07 - 12:31 pm
0
0
What is Tomi Rae afraid of?

What is Tomi Rae afraid of? Give your son the DNA test and put all of the controversy to rest! Mr. Brown's other children don't have to take a test! They were NAMED in the will. Heck! You can name anyone you want in a will. Without regard to being related!

Brenda_G
1
Points
Brenda_G 04/26/07 - 12:40 pm
0
0
I fail to see the relevance

I fail to see the relevance of having adult children undergo DNA testing if they are named in the will as a beneficiary. One may leave all their holdings to a stranger and not their adult children, should they choose. Provisions for a minor child should, of course, be afforded.

Brenda_G
1
Points
Brenda_G 04/26/07 - 12:43 pm
0
0
jrock1956......... like

jrock1956......... like minds :-)

jrock1956
0
Points
jrock1956 04/26/07 - 01:03 pm
0
0
Very correct Ms Brenda G!

Very correct Ms Brenda G! Some people just like to make scandal where there is none! Now if the child, thru DNA, turns out to be NOT be Mr. Brown's. There will still be people saying that the child should be in the will!

gaonmimynd
4
Points
gaonmimynd 04/26/07 - 01:16 pm
0
0
Here in lies my

Here in lies my problem......Your not HEARing the other children asking for the DNA test, Its the trustees!!!!!!!!!!!!! SO....why in Sam Hell would they care? You got 3 crooked men, trying to steal out of a house, bribe family, and now...trying to steal from a child.....But in as much as I've followed this story pretty close, Ive not heard any of the children ask for this DNA.....unless I missed it somewhere?

la la la
0
Points
la la la 04/26/07 - 01:37 pm
0
0
rose, the childs teeth are

rose, the childs teeth are not only missing but black and rotten

Galan Lewis
0
Points
Galan Lewis 04/26/07 - 02:32 pm
0
0
la la la, How can you tell

la la la, How can you tell that the child's teeth are black and rotten from that picture? I think you need some serious help picking on a child like that. You ought to be ashamed of yourself. If you had any brains at all, you would know that children lose their teeth at 5 to 6 years old.

Rose
17
Points
Rose 04/26/07 - 02:48 pm
0
0
I enlarged the picture and I

I enlarged the picture and I see no rotten teeth. I see missing front teeth, but that is normal for a child his age.

patriciathomas
42
Points
patriciathomas 04/26/07 - 03:42 pm
0
0
jrock 1956 and Brenda G, I

jrock 1956 and Brenda G, I wasn't asking for the dna test for everyone because of a legal stand, it was strictly voyeuristic and in keeping with the whole JB story. Who's been in the wood pile, so to speak.

sawb13
0
Points
sawb13 04/26/07 - 03:44 pm
0
0
I believe that if Tomi Rae

I believe that if Tomi Rae knew her son belonged to J.B. she would want to have him DNA tested. She must know that there is a chance of him having a different father because she seems to have something to hide. Nontheless, I believe J.B. still would have loved, cared for and supported Little James.

jackfruitpaper833
41
Points
jackfruitpaper833 04/26/07 - 04:00 pm
0
0
Until today I didn't think

Until today I didn't think that little boy was his, but ooopz, he's a light skin spitting image of James. Look at him, he looks just like him just LIGHT... Hands down, that's his son.

gaonmimynd
4
Points
gaonmimynd 04/26/07 - 04:10 pm
0
0
He does look just like him,

He does look just like him, thats the first real good look Ive gotten at his face, mouth and alll.....hes JB's!!!!!!!!!!!!!!!!!!!!! and anyway, why wouldnt the older ones want to be tested anyway, if they're so sure of themselves??????

tygereyes21-2913
0
Points
tygereyes21-2913 04/26/07 - 04:28 pm
0
0
I know that JB must be

I know that JB must be turning 100x's in his grave. It's sad that all these adults are interupting this childs life over a few dollars. At the end of the day he is just a child and I think that la la your comment was inappropriate (remember he is a child and you I believe are an adult) lets conduct ourselves as such. Get the DNA test and press on !!! The trustees are what they are TO MAKE MONEY!! I dont think that anyone has this child's best interest at heart and that's a shame. I hope on one hand that money is withheld, there would be nothing to fight over and the child can lead a half-way normal life. But if he is awarded a substantial amt then it should be set aside until he's of legal age. As for tomi rae, hell let her live off her upcoming music career LOL!!

jrock1956
0
Points
jrock1956 04/26/07 - 05:09 pm
0
0
From all accounts I've read

From all accounts I've read of Mr. Brown, he seems to be a very controlling person. In his music and personal life. It seems kinda "odd" that he wouldn't leave provisions in his will for a son he thought 100 percent was his!

whatever1
2
Points
whatever1 04/26/07 - 05:10 pm
0
0
I thought everything already

I thought everything already belonged to Buddy Dallas!

whatever1
2
Points
whatever1 04/26/07 - 05:12 pm
0
0
One more thing--is she

One more thing--is she wearing blue eye shadow in the day time--no shame!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

gaonmimynd
4
Points
gaonmimynd 04/26/07 - 05:15 pm
0
0
lol

lol

gaonmimynd
4
Points
gaonmimynd 04/26/07 - 05:31 pm
0
0
I saw the eyeshadow to

I saw the eyeshadow to "whatever" lol......

gaonmimynd
4
Points
gaonmimynd 04/26/07 - 05:32 pm
0
0
I dont think when its all

I dont think when its all said and done, hes gonna have alot left to fight over anyway!

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