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	Rex Ballard - Director of Electronic Distribution
	http://cnj.digex.net/~rballard

On Mon, 25 Mar 1996, fathers wrote:
> Date: Mon, 25 Mar 1996 02:03:11 -0500
> From: KrisSr@aol.com
> 
> No! You have been given various suggestions. File a false
> prosecution case against the DA. Put them on the defense.
> Force them to prove in this forum that you are the ONE and
> ONLY father of the child.

Correction, make her testify, under oath, that you are the only POSSIBLE 
father of that child.  Make her testify, under oath, that she has sex 
with no other men 3 months prior, and 3 months subsequent to conception.  
In effect, you are being prosecuted for what amounts to an act that could 
have been committed by several other men, even if they were NOT the 
biological father.  Make her testify, under oath, to identify all males 
with whom she has had sex without a condom.

Supeneoa every man who can state that they either had unprotected sex 
with her (remember the only PROOF of protected sex is that they used a 
condom) or can identify another man who claims that they had sex with her.

You want to make it clear that you "won the lottery".  Get all medical 
records, all history of drug abuse, any mental health records, and any 
CDC records.  You have a right to present ALL materials.

> You have a constitutional right to
> refuse. It is up to the DA to prove you are the father without 
> your assistance. If you choose to get a blood test, use your
> own independent lab. Do not trust the DA.

Without your blood test, the only thing the DA can prove is that you had 
unprotected sex with the mother (assuming that she will testify to this).
If this is a crime punishable by loss of property (over $100,000) or 
imprisonment, then the prosecutor would have to convince a jury of 12 
(men AND women) that you deserve to be punished for an act which is not a 
crime.  You are being punished for the consequences of that act.

Finally, if you have her ANY money, you can raise the issue of 
prostitution.  In fact, even if you didn't, you could state that giving 
this woman such a substantial sum of money for such a limited exposure 
and commitment, would be tantamount to felony prostitution, extortion, 
blackmail, and kidnapping.  So long as you did not pay her cash 
immediately prior to the act, you couldn't even be prosecuted for 
prostitution.

The jury would have to decide that you, rather than every single man who 
had sex with that woman, should be given the UNIQUE and EXCLUSIVE 
responsibility for an act, choice, and behavior which had consequences 
for ONLY one person.

> In a message dated 96-03-24 20:56:29 EST, fathers wrote:
> >Subj:	Should I or Shouldn't I 
> >Date:	96-03-24 20:56:29 EST
> >From:	fathers@soho.ios.com (fathers)
> >To:	fathers@soho.ios.com
> >
> >
> >
> >---------- Forwarded message ----------
> >Date: Sun, 24 Mar 1996 17:50:37 -0800
> >From: Ranman 
> >
> >Since the state is sueing me for Child support and arrears, it needs To
> >establish paternity. They want me to take a blood test. The chance that
> >the blood test will be positive is good, not great but good. If I do not

Do you know, for a fact, how many other men may have had intimate sexual 
contact with this woman within 15 to 60 days of the of the last reported 
ovulation?

> >take the blood test, the only proof that the state will have is The
> >mothers word and my refusal to take a blood test. This is regarding a

Is the mother willing to testify, under oath, that you are the only man 
she had sexual intercourse or sexually intimate relations with in the 
year prior to conception?

> >child that was born 11 years ago that I had no knowledge of until
> >recently.  

Why did it take 11 years for her to figure it out?  Who was she living 
with for the previous 12 years?  Any one of these men could be a 
"presumed father".  Any one of these men could have convinced her NOT to 
contact you when you might have been able to demand paternal rights.

> Are my chances of avoiding this and complication better if I
> >refuse or submit.  

Consider this the reverse of a "rape".  If this woman had chosen to say 
that you forced her to have sex with her, would you not have more rights 
than if she simply hits you for paternity?  If you are determined to be 
the father, you will immediately face criminal, as well as civil 
penalties.  You will only be able to use the evidence disclosed during 
the original trial in your defense.

> Can they force me to take the test?

Legally, they can't tie you down and forcibly take your blood without 
some form of criminal conviction.  On the other hand, the right to stay 
silent is abused consistantly (the police bug the squad car, put a camera 
on even before there is a bench warrant and probable cause, and engage in 
conversation intended to coerce a statement before the accused is able to 
make contact with his attourney).  What you must do, as quickly as 
possible, is get a lawyer.  You may be able to use the potential loss of 
liberty and property as means to force the state to provide you with a 
lawyer.

The most important thing is to be as much of a nuisance as possible.  
When they realize that you are willing to force a trial that will cost 
the state 20 to 30 times what they would pay in welfare, they might just 
decide that you shouldn't be prosecuted.

You can countersue for fraud, extortion, blackmail, kidnapping, prostitution,
and rape (would you have given your consent if you had known that she was
going to use the sexual act to imprison you for life?).  You want to
determine, with your lawyer, whether you should file criminal charges against
her.  Even if you are only awarded minimal damages, it will then give you 
a case for wrongful prosecution by the state.

Be a "porkupine", the porkupine pushes it's quills and charges the 
overcurious predator.  If you loose, you will have an additional $50,000 
in court costs, a drop in the bucket against the $100,000 (minimum) in 
child-support you will be expected to pay.  In all probability, her 
lawyer will realize that he isn't going to recover any legal fees and he 
is going to have to invest a substantial amount in legal services.

Your lucky.  You aren't trying to prove that your the "best" or "only" 
father.  You aren't trying to get custody.  You aren't trying to prove 
common-law marriage.  You aren't doing any of the "hang yourself" tactics 
that men who are trying to get/keep their kids go through.


Make it totally clear that this woman is a WHORE, who is using a night of 
SEX to turn you into a $100,000 TRICK!

Your male pride will suffer, but you won't spend 30 years repaying your 
"back child support".


	Rex Ballard


From rballard@cnj.digex.net Tue Mar 26 00:35:36 1996