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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crich
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crich 04/26/07 - 05:51 pm
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I don't think the other

I don't think the other children should have to have a DNA test. If I am not mistaking he named the other chiklren in the Will.s Will. So if he named them in his Will and they are not his biological children SO WHAT! James Jr name was not there the Will. He could have name you or me as his children and we would still be entitled to whatever His will stated!

istp
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istp 04/26/07 - 06:24 pm
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first of all, anyone who said

first of all, anyone who said that jb jr. looks just like james brown is a lie. if u study that boy's face and his features, he looks exactly like his mother-tomi rae. come on, let's keep some stuff real in life. they just need to hurry up and do the dna, but there is no way that jb jr looks like him. some of ya'll ain't lookin right, just tryin 2 be on tomi rae side and she could give a rat's a**, cause that's the kind of person she is. tell me, if she really loved james, do u think she would have been at a party with bishop magic don juan-yeah, didn't know that did ya. i know if my husband died, i wouldn't be on any other man's arm-i'd be missin him 2 much.

toenail
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toenail 04/26/07 - 09:02 pm
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The only thing on the child

The only thing on the child that looks like James Brown is
the hairdo.

EdithPiaf
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EdithPiaf 04/26/07 - 09:47 pm
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You idiots keep saying "he

You idiots keep saying "he wasn't named in the will..." THE WILL WAS WRITTEN BEFORE THE BOY WAS BORN!!! duh! What was he supposed to say ? "In case I have a son in the future by TomiRae, add him and her"????? This is a case where James Brown should have updated his will, but did not. He toured around the world almost constantly, and probably just kept saying he'd get around to it. If Buddy Dallas was the "advisor" that he claims to be, he would have suggested (advised) Mr. Brown took care of these things long ago.

phillygyrl
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phillygyrl 04/26/07 - 11:06 pm
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I think that everyone needs

I think that everyone needs to get a life, and shut the hell up about the hole situation!!!!!!

tasha1
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tasha1 04/27/07 - 01:33 am
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if all of you could see how

if all of you could see how much of a fool yall sound like!!!!!!!!!!! yall talk about these people as if you knew them. especially the way you talk about tomi rae...come on and be real if you were in her position you'd be acting the same way if you wanted to say or believed that your child was the child of someone like james brown. no the child shouldnt be going through anything like this at such an early age. they need to hurry the hell up and let that baby live his life as a child! he has all his life to be known as james browns son just let him be him for now. oh and by the way how the hell can someone besides the dna test tell this lady who her baby daddy is??????? to my knowledge i dont think any of yall were there! if you were youd be in this mess right along with her!!!!! get a life and find something safe to do or maybe try finding out who your babydaddy or babymama is..............

tasha1
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tasha1 04/27/07 - 01:38 am
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and whoever the ignorant

and whoever the ignorant person was that made the comment about the baby teeth........ what an idiot! how old are you or do you have any kids????????? dont you know people teeth fall out at this age? maybe you dont because with making smart comments like this somebody probably knocked them all out! you lucky this aint my baby you talking about!!!!!!!!!!!!

Dedicated
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Dedicated 04/27/07 - 07:12 am
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The DNA test for the older

The DNA test for the older children is a pretty good stragety. Tomi knows that her child is JB's son, but it could be suspect that one of the other 6 or 7 is not. If that is shown, then it gives more credence to her claim, and makes for a bigger piece of the pie. The older kids must be thinking also or there is no reason not to agree for the test.

selfab
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selfab 04/27/07 - 08:09 am
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It's all about the lawyers

It's all about the lawyers taking all the money and assets Mr. Brown had. They would not be working so hard if they could not charge the estate extravagant fees. I know Mr. Dallas and he will do anything for a $ including taking it which he has done many times from the good people of this area even though he did it within the realm of the law.

istp
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istp 04/27/07 - 09:00 am
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thank u toenail and

thank u toenail and yankeesfan, somebody understands. it's not the point of knowing the person, it's the matter of the situation, thank u very much. and for the people who said we need to get a life are talking about themselves also cause aren't they posting 2-some of ya'll people are just dumb as hell. sayin stuff 2 just say it.

toppergem
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toppergem 04/27/07 - 09:30 am
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As the old folks use to say,

As the old folks use to say, 'the truth will be told". Nothing stays hidden for long.Iin time everyone who wants to know will know who is and who isn't James Brown's children. But as a judge once told the person in court arguing about the paternity of a child...if you feed them long enough they will be yours. James Brown "fed" and acknowledged all of those children all of these years, so they are his! So stop the madness.

mable8
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mable8 04/27/07 - 11:14 am
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It appears that some people

It appears that some people don't mind venting their vicious, maligning taunts towards a child while "questioning" the child's parentage; how would you like it if people were attacking YOUR child in such a manner? This is not the child's fault; he did not ask to be born into this sorry mess--which the "adult" children have created. So they don't like Tomi Rae; evidently JB DID, which is why he stayed with her all these years. Who are you to cast stones? Show some dignity and human decency and stop making fun of the child and trashing him to the nth degree. At least Tomi Rae is displaying some class by fighting for her son's legal rights; one could not say the same for JB's "adult" children and their attorneys, who are acting like spoiled, greedy, gluttonous brats. And if those "adult" children really believe that JB is their father, they should agree to a DNA without argument.

mable8
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mable8 04/27/07 - 11:21 am
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Did anyone notice that the

Did anyone notice that the attorneys for JB's "adult" children argued that the child's appointed guardian should be from Aiken because "that is where the case will be heard"--Last I knew, Buddy Dallas is from Thomson GA, not Aiken SC, so why isn't he challenged as the representative on that basis? I wonder if those attorneys really can charge the estate for their legal fees; seems to me that a judge must approve of those expenditures before any payment is made. It would be a hoot if the judge denied payment from the estate and told those attorneys to charge the "adult" children if the attorneys wanted to receive their fees.

ThePoliteOne
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ThePoliteOne 04/27/07 - 12:24 pm
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This is a prime example of

This is a prime example of why we should handle our affairs before we die; death is inevitable. We all know that our time is coming we just dont know when. So, after every marriage, divorce, birth of a child or death of someone in your will, you need to have it updated. This is just as bad as not having a will. If Mr. James Brown didn't object to that being his wife or son, then why should anyone else? If they were looking out for Mr. Browns best interest???? Makes you think who the crooks really are????? HUH Mr. Buddy Dallas, Mr. Alford Bradley and Mr. David Cannon???
Get your stories straight :0) and Be Blessed

THESOUTHLOST
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THESOUTHLOST 04/27/07 - 02:52 pm
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Attack a child. I love the

Attack a child. I love the people in this town.

phillygyrl
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phillygyrl 04/27/07 - 04:05 pm
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To istp, I just happen to

To istp, I just happen to have a few minutes to browse through the story, and chose not to comment on the situation itself, but instead on the crazy and dumb things that people had to say about it. So if you took offense than you yourself must be dumb as hell.

Long Island NY
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Long Island NY 04/27/07 - 10:31 pm
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To all you want to be

To all you want to be believers and who is seeing things that you want to see for what ever reason, Tomi Rae will try to avoid a DNA test for her son for as lone as time permits simply BECAUSE she knows that the real baby daddy is not DECEASED. She has played her game for quite awhile and it needs to be stopped. JB knew exactly what he was doing by not including the child in his will, unfortunately he DID not get to finalize his personal business to the fullest. This message is from someone who knows the real DEAL.

istp
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istp 04/29/07 - 07:20 pm
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what u said doesn't make

what u said doesn't make sense which makes u even more dumb. if u were just "browsing", u wouldn't even have commented, but newayz, that's not important. I came here to share my opinion as well as facts.

istp
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istp 04/29/07 - 07:22 pm
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and if u read my statement,

and if u read my statement, the comment wasn't even towards u, it was the person on here callin everybody idiots. see, maybe u need to read carefully instead of "browsing." But yeah, it was towards u with the getting a life part.

Inquisitor
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Inquisitor 05/20/07 - 04:49 pm
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I just have a few questions.

I just have a few questions. Please, don't anyone bite my head off. I am not here to criticize or malign anyone, especially a little chlild. If James Brown felt like the child was his, then why didn't he change his will? He had 3 or 4 years to do it. I wonder if in the back of him mind, he had his doubts but wanted to do the right thing by claiming and taking care of the child thus "saving face" for the child, Tomi and himself just in case the child was not his. Maybe he was scared to really find out because it would deeply hurt him if the child was not his but another man's. Also, I thought that when a person makes out a last will and testament and they of right mind, doesn't that stand up in court because it was their last wishes? Someone help me out here.

thegodsonofsoul
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thegodsonofsoul 06/05/07 - 08:18 am
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everyone sit back and relax

everyone sit back and relax on this one i really loved the fact that mr brown didnt allow anyone to ask him about his personal bussiness and also for you to always address him as mr. brown im sure everyone here gets the point its his personal bussiness which ever way you look this includes me in which he"s endorsed to portray him,rememner mr brown isnt really sleep forever he is resting and thats what everyone here should do,,give it a rest /respect from tony wilson www.youngjamesbrown.com

FreeSpeech22525
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FreeSpeech22525 06/30/07 - 03:11 am
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Hey Tony: This is a forum

Hey Tony:

This is a forum where people can express their opinions. So, stop trying to be the "thought" police. We can say whatever the hell we want.

You are dead wrong 'ya mooch! You are not going to be the one who plays "James Brown." Spike Lee has already cast Samuel Jackson.

All of these celebrity impersonator's need to get a freakin' life and stop trying to live in the light of someone's else's glory that they didn't even earn!

There will never, ever be another James Brown!!!!! Nobody, but nobody can ever dance the way he did let alone try to sound, talk or sing like him so stop trying!

After JB was made, the "mold" was broken. Everything after that.....there's only fake counterfiet and sorry phonies!!!!!

I feel bad for those who didn't get a chance to see the "real" thing live in person but have to settle for a dull-run-of-the-mill-broke-down-wig-wearin'-jerri curl havin- bum trying to imitate the great JB.

Ha, ha, ha,

Psyche!!!!

I'm kidding...alright!? Peace out dudes.

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