The lawyer for Eric Garner’s 2-year-old love child, Legacy Miller, is requiring all of Garner’s children to submit DNA tests before splitting the $7 million settlement. Lawyer Lorraine Coyle wants all four children of Esaw Garner (pictured above), Eric’s widow, to take part in the tests because his name does not appear on all of their birth certificates. 

In a hearing at the Staten Island Surrogate Court, Coyle made the request on behalf of Miller. However, Jonathan Moore, lawyer for the Garner family, finds the request extremely offensive.

“I don't think she would have said this if the Garner family had a different complexion,” Moore said. Coyle is a white attorney while the Garner family is Black.

Esaw Garner explained why Eric’s name was left off the birth certificates for Erica, 25, Emerald, 24, Eric 22, and Emery, 16, in a sworn testimony. Esaw said that Eric was incarcerated when Eric was born, he wasn't present for Erica and Emery, and she threw him out of the hospital when she was in labor with Emerald because he was "getting on my nerves."

Coyle was unsatisfied with this explanation and felt the need to collect additional evidence to prove the Garner children are biologically related to Eric. Although Coyle feels that she is doing her “due diligence,” Moore feels as though this is inappropriate and unethical.

“Why do that when there’s no reason to do that?” Moore said. “Everyone knows they are his children.”