[Banfield:] Gold medal skier Bode Miller burned up the slopes in the 2010 Olympics, but his relationship with the mother of his 9-month-old child is as cold as the snow itself. Their bitter custody fight continues in court today, and it has some pretty important implications for the rights of pregnant women right across the country. CNN's Zoraida Sambolin has the story.
[Zoraida Sambolin, Cnn Correspondent:] Conceived in California and born in New York City, this baby boy, now 9-months-old, seen in this photo, is at the heart of a high-profile, bicoastal custody battle. His father, Olympic skier and gold medalist Bode Miller, briefly dated this woman, Sara McKenna in California. McKenna became pregnant and decided to keep the baby, despite her relationship with Miller turning sour. After extending Miller an invitation to the ultrasound, which McKenna later shared on Facebook, he sent her this text. "You made this choice against my wish and gave my no say. You are going to do this on your own." At seven months pregnant, the former Marine and firefighter moved to New York City to study at Columbia University. She spoke to CNN's Ashleigh Banfield in June.
[Sara Mckenna, Fighting For Custody Of Son:] He never actually wanted very much to do with my son. And he initially asked if he could sign over his rights, and he would pay off his child support in a lump sum.
[Sambolin:] Instead, Miller filed for custody. Concerned that McKenna was fleeing California for a more sympathetic venue to gain custody herself, he requested she return to California. In May, a New York judge agreed, saying, while McKenna did not abduct the child, her appropriation of the child while in utero was irresponsible, reprehensible. Custody was granted to Miller. The ruling raised questions about the rights of mothers-to-be.
[Kenneth Eiges, Sara Mckenna's Attorney:] Whether or not the proceeding was started in California or not, it makes no difference. New York is clearly the home state, and this state is where the case should be heard.
[Sambolin:] This month, a New York appeals panel reversed the controversial ruling. Family court will resume today to re-examine parental custody of this baby boy.
[Banfield:] Again, CNN's Zoraida Sambolin, reporting for us. And joining me are criminal defense attorneys Joey Jackson and Heather Hansen. And, trust me, even during that report from Zoraida, you and I were having a big argument.
[Joey Jackson, Criminal Defense Attorney:] A discussion.
[Banfield:] I know. I think this is the argument that's playing out across the country right now. What? How is this happening? But let's make it really simple for everyone. There's the issue of jurisdiction. Where do you fight the custody battle, New York or California? And then there's the issue of the custody itself. So, Heather, start with me, why was jurisdiction an issue when that baby was not born yet? Can't you go where you want when you're pregnant?
[Heather Hansen, Criminal Defense Attorney:] Well, you should be able to go where you want, and ultimately, that's what the appeals court said. You can go where you want when you're pregnant. But Bode Miller had filed for paternity recognition in California.
[Banfield:] Because that's paternity. Let's just be clear. Not custody. Just, I want to know if I'm the daddy.
[Hansen:] That's right, Ashleigh. But once you've opened that door in California, arguably, jurisdiction is now in California, and you cannot switch it to New York without good reason.
[Banfield:] Sorry. Jurisdiction for custody? Even though that issue was paternity? They're
[Hansen:] Sure. They're both family court decisions, made by family court judges, probably the same judge. And, so, once the case has been started in one jurisdiction, you can't just pick up and move it no another jurisdiction, in general. Here, as we've seen, the mother's right to move and be educated here in New York outweighed that particular decision.
[Banfield:] So, Joey Jackson, I'm watching you on the CNN, earlier this morning. And I hear the question
[Jackson:] And you agreed with everything I had to see.
[Banfield:] Usually. Usually, I do. But this morning I didn't. And I'm not a lawyer, so I think you're going to win this one. That is that the issue that Bode texted her "you're on your own, you did this on your own, you're on your own with this." Shouldn't that give her the right with the baby in utero to a free will move to where she wanted to study on a G.I. bill at an Ivy League school? I mean
[Jackson:] Us lawyers never admit when we're wrong. You know? Come on! You have a great point. Here is what the issue is. Remember, she was scolded severely, the mother was, by the family court judge in New York, saying
[Banfield:] She called her reprehensible, right?
[Jackson:] Exactly. The conduct of you moving was reprehensible. Here's where you have a very legitimate point. Because what the argument would be is he said, hey, look, I don't care what you do. Right, you made this decision. Go it on your own. I'm not abducting anyone. I'm doing what I needed to do, having a Columbia education on a G.I. bill, I'm leaving. You didn't dispute the fact that I was going to go. In fact, you said go do it, and so I think it raises a good point as to whether or not she was in her legal rights to do that.
[Hansen:] But Ashleigh, I don't even think the text matters. I mean whether he sent that text or not
[Jackson:] That's what I said this morning.
[Hansen:] And I'm trying to support you here, Joey. Because I think that ultimately she has the right to go to New York and get her education. It's a constitutional right that a woman has. Whether he sent that text or not. That text certainly
[Jackson:] But it is complicated, Heather, by the fact that the father says you can't go anywhere, this is my child. To Heather's point, she's right on the law. Right?
[Hansen:] Right, and again, the law says in custody arguments the child is not a person until it's born.
[Banfield:] And there that's this is a fascinating case. I'm shocked we haven't had this until now or maybe we have and it's been quiet, hasn't made big headlines.
[Jackson:] This isn't going to be quiet. This is going to go up through the different courts.
[Banfield:] Olympic gold medalist with a marine who is stunningly beautiful, and is being educated in this Ivy League school. Thank you both. Do appreciate it. I've got lots more I want to ask you later on. In the meantime, I do have some breaking news that's just come in to me. This is coming to us out of Yale University. Apparently students and faculty at that school are on a shelter in place order right now. Staying inside. Doors are locked. All of this after a report that there is a person on campus with a gun. Earlier the university posted this. What you're seeing right now on your screen, this following information: New Haven police have received an anonymous call from a bone booth in the 300 block of Columbus Avenue reporting a person on the campus of Yale University with a gun. There've been no confirmations or sightings of this person yet. Yale and New Haven police are in the area and the Yale police department are advising those on campus to remain in their current location until they have additional information. They're also saying please note that students on November recess as of last Friday, according to their academic calendar, will mean that there may be far fewer students on campus than might have been otherwise. We're watching that story. Report of a person with a gun on the campus of Yale University. And we'll watch that for you and let you know just how that how that shakes out. A lot more coming up right ahead. Stay with us.