April 17, 2001
War declared against Paternity Fraud
Director of CAPF, takes paternity fraud to trial in Georgia!
Decatur -- April 16th, The battle lines were drawn and war was declared against paternity fraud in Dekalb Superior Court.
Immediately, the mother's attorney "Corrine Mull", Dekalb County's Assistant Public Defender (PD office is a tax payer funded office for indigent criminal cases) argued that Carnell Smith, Director of Citizens Against Paternity Fraud (CAPF), should have known that he was not the father and should not be allowed to prevail for lack of due diligence.
Smith's attorney, Randall Kessler of Kessler & Schwarz,P.C. (a non-tax payer funded private law practice) countered with the facts that the mother was the only person that knew about and concealed her other intimate relationships and that she should have made full disclosure to Smith.
Kessler said that Smith should not be penalized for trusting the mother as cited in GA appellate case (Smith v DHR, May 1997). And that GA law states that the mother's concealment and omission of material facts constitute legal fraud and contructive fraud. Even if there was an honest mistake by the mother, the law still provides relief to Smith and to vacate the previous orders.
Most of the related issues were not allowed by the court, instead the case was limited to the following points:
1) Due diligence
3) Granting of Smith's extraordinary motion for new trial
And the final answer is ...
We don't know and we won't have an answer from the Judge until he completes his review.
The court recessed after conflicting testimony of the mother and her best friend. Smith observed several members of GA Dept of Human Resources present at the trial, along with 20(?) supporters of CAPF and other interested parties.
"I thank everyone for coming" says Smith.
Undaunted, Smith and CAPF supporters are moving forward with the public meeting "Paternity Fraud & HB369" at the Legislative Office Building, 18 Mitchell St, Atlanta, GA in room 506 on April 25th from 5pm to 6:30pm. The meeting is sponsered by Rep. Stanley Watson (D-070) at 404-656-0220.
There will be a major announcement concerning the shocking number of Georgia men that admitted to paternity (AOP) based on the mother's assurance (same as Smith)-- along with credible testimony by paternity fraud victims including the US Armed Forces.
CAPF will present information about GA-DHR that may cause more men to seek immediate DNA paternity testing.
Please feel free to forward this letter to any interested parties, especially the media (radio, TV, papers, email), paternity fraud victims, domestic lawyers and CAPF supporters.
For more information, please contact:
Carnell Smith - Director
Citizens Against Paternity Fraud (CAPF)
Decatur, GA 30037
"If the Gene's don't fit, you must acquit."
07:30am to 09:00am (EST)
CBS-NEWS NY Early Show
Fight Against Paternity Fraud" featuring Director of CAPF
05:00pm to 06:30pm
Rep. Stan Watson & CAPF sponsors:
"Paternity Fraud / HB369 public meeting"
Legislative Office Bldg., room 506
18 Mitchell St, Atlanta, GA