Politics | July 15, 2009 | 41 comments

Jail the men guilty or not

Court knew man jailed for a year for non-support was not child's father
By BILL RANKIN

The Atlanta Journal-Constitution

Frank Hatley has languished in a South Georgia jail for more than a year.

The problem? Hatley is not the biological father -- and a special assistant state attorney general and a judge knew it but jailed Hatley anyway.

“I feel bad for the man,” Cook County Sheriff Johnny Daughtrey said Tuesday. “Put yourself in that man’s shoes: If it wasn’t your child, would you want to be paying child support for him?”

Daughtrey said he hopes a hearing Wednesday will resolve the matter. Hatley has been held at the county jail in Adel since June 25, 2008, costing the county an estimated $35 to $40 a day.

Even after learning he was not the father, Hatley paid thousands of dollars the state said he owed for support. After losing his job and becoming homeless, he still made payments out of his unemployment benefits.

Hatley’s lawyer, Sarah Geraghty of the Southern Center for Human Rights in Atlanta, said two independent DNA tests -- one nine years ago and one just a few days ago -- prove he is not the biological father.

“This is a case of excessive zeal to recover money trumping common sense,” she said. “What possible legitimate reason can the state have to pursue Mr. Hatley for child support when he does not have any children?”

It may be difficult for Hatley to get out from under the court order, said Atlanta family lawyer Randall Kessler, who is not associated with the case. “It’s definitely unfair,” Kessler said. “But at the same time, he’s dealing with a valid court order.”

Russ Willard, a spokesman for the state attorney general, said if Hatley can show at the hearing that he is indigent, the state will not oppose his release.

Willard said Hatley could have applied to the state Office of Child Support Services to request that he be relieved of his obligations. He said Hatley has not made such a request.

According to court filings, Hatley was never told that he could have a court-appointed lawyer if he could not afford one. Geraghty said she only recently took on Hatley as a client after the sheriff asked her to talk to Hatley about his predicament.

Geraghty said Hatley had paid a total of $9,524.05 in support since April 1995, but records of payments before that time are not available.

In the 1980s, Hatley had a relationship with Essie Lee Morrison, who became pregnant, had a baby boy and told Hatley the child was his, according to court records. The couple never married and split up shortly after Travon was born in 1987.

In 1989, Morrison applied for public assistance through the state Department of Human Resources. The state then moved to get Hatley to reimburse the cost of Travon’s support, and Hatley agreed because he believed Travon was his son.

But in 2000, DNA samples from Hatley and Travon showed the two were not related, according to a court records.

With the help of a Georgia Legal Services lawyer, Hatley went to court and was relieved of his responsibility to pay future child support. But he still had to deal with being a deadbeat dad when it was assumed that he was really the dad.

Homerville lawyer Charles Reddick, working as a special assistant state attorney general, prepared an order requiring Hatley to pay the $16,398 he still owed the state for child support.

The Aug. 21, 2001 order, signed by Cook County Superior Court Judge Dane Perkins, acknowledges that Hatley was not Travon’s father.

After that, Hatley paid almost $6,000. But last year he was laid off from his job unloading charcoal grills from shipping c
  1. groups:
    Politics,   Current Cultural Issues,   Law and Justice,   Gender Equality
  2. tags:
    Politics Current TV Corruption Current News USA 10 more
  3.     
    |

41 comments // Jail the men guilty or not

  • Abraham99
    • 0
      Abraham99  
    • The ENTIRE, did I just say, "entire?" Yes, the entire judicial system is archaic, outdated, and totally out of touch with reality. We do not have a judicial system. We have a protection of criminals system.
      Getting away from child support for a moment...
      A criminal has raped seven women and he is now charged with rape and the same methods were used in this case, and the judge says, the jury is not allowed to know that this dirtbag raped the other seven, because the jury will be influenced. Of course the jury would be influenced. They SHOULD be influenced.

      Nobody begged this bum to rape seven other women.
      He did it, he was convicted, and the jury should know it because this pervert trashbag is the one who made it public knowledge.
      They so wildly and foolishly bend their ultra liberal necks backwards, to protect the criminal while they attack the victim, which is exactly what the criminal is accused of doing. Disgusting!

    • 2 years ago
  • MotherForTruth
    • 0
      MotherForTruth  
    • False rape accusations are growing at the alarming rate. All it takes the victim statement and with absolutely no common sense or any evidence the innocent is imprisoned. The laws must be fixed!!!

    • 2 years ago
  • bullpcp
    • 0
      bullpcp  
    • I remember reading a story where a woman charged a man with rape when he was a hundred miles away having a party with friends and family. He was corralled into a lineup and the rape victim picked him out. When they did a test of the fluids, specifically the sperm, left after rape they found the accused man had a vasectomy years earlier, the blood tests didn't match either. Neither the fact that he had over a dozen witnesses for his alibi or that he was physically incapable of leaving the sperm after committing this crime saved him from his teary eyed accuser. He was convicted, sentenced, and served several years in prison before his appeals finally went through after DNA evidence showed he was not the rapist. This shouldn't have happened. Things like this should not happen. This needs to stop.

    • 2 years ago
  • excentrix
    • 0
      excentrix  
    • Unfortunately men who are willing to assume the responsibilities of others seems to get shafted because of real dead-beat dads who quit work and run off to avoid paying any support for their own (ir)responsibilities. Unfortunately I know of two ... and I find that outrageous!

    • 2 years ago
  • MotherForTruth
  • excentrix
  • bullpcp
    • 0
      bullpcp  
    • Our government seems pathologically unable to admit its mistakes, apologize, and make restitution. The saddest thing about this article is how common the underlying theme has become. While I'm outraged I am not in the least surprised.

    • 2 years ago
  • MotherForTruth
    • 0
      MotherForTruth  
    • Manipulating women is not a new problem. Unfortunately pregnancy has always been one of the manipulative tools of choice. If pregnancy does not work then there are always rape charges. This problem is simply getting out of control nowadays because the law is in support of the manipulations... I call for women to speak up for and fix broken system for our sons and brothers.

    • 2 years ago
  • dariusvons
    • 0
      dariusvons  
    • this is like a man here in Idaho that I know who's been in jail since 89 for two murders his brother commited. his brother even testified in court that he himself was the one who killed the people and the guy on trial was only a witness. but no charges were ever filed against him, so his brother who only whitnessed it has been in prison ever since. the state has refused to reopen the case because it means they may have been wrong on others too... corrupt through and through. this guy needs the ACLU or something. also the woman who's claiming he's the father should be in jail for this crap.

    • 2 years ago
  • maof4brats
    • 0
      maof4brats [removed]  
    • Why aren't we holding these moms responsible? I know alot of women who get pregnant to trap a guy. And this guy is'nt the bio dad, Why the hell is he in jail I think the woman should be there.

    • 2 years ago
  • MotherForTruth
  • regjoeschmo
    • 0
      regjoeschmo  
    • Another point to make about this story is about the Judge, "Dane Perkins". Many do not realize that this is the same Judge that in 2002 ruled that the Child Support Guidelines were Unconstitutional in Georgia when it came to Michelle Sweat, who was ordered to pay child support.
      See Georgia, Sweat vs. Sweat. http://www.framedfa thers.proboards. com/index. cgi?action= display&board=gachildsuppor t&thread=1005
      The Judge felt it could possibly reduce her to poverty, and because she was seeing the children about 20% of the time. Hmm? Does this sound familiar to any of you out there?

    • 2 years ago
  • justadad
    • 0
      justadad  
    • regjoeschmo:

      This should be mandatory reading for every "judicial official," every "JD-candidate", every "commission" for tending to dignified American democracy, and every individual who suggests of their more caring compassion for needs of the needy and prospective needy. Likewise, it should be mandatory reading for each and every member of our now more enlightened assembly of legislators to/for/of the People of the gifted honor of our entrust-ment for selfless public service to community.

      But to do so, of course, would likely burst their irrationally postured rationales of/to/for "denial."

      Truly, the most important step to renewal of ethical, honorable "governance" unto our republic represents NOW as the most difficult -- "public acknowledgement."

      Remarkably, most of those of feigned "denial" already know.

      IV-mainliners do indeed need be brought to further light.

      Sadly, as with many an addict, they rarely care of the victims of their "crimes."

      Extortion,
      Racketeering,
      And embezzlement,
      Should never be couched upon the "interests of endearing children,"
      Nor should it be laid at/as the feet of dignity to any child of the Almighty.

      Heaven help us, for we do again hear of elated screams for Barabbas.

    • 2 years ago
  • regjoeschmo
  • MarkButkus
  • Abraham99
    • 0
      Abraham99  
    • No matter what, the lawyers will make money. They make money to get the money from the man, if they get it. They make money from the woman because they charge her for the service, even if they get nothing from him. Then, when the man wants to get out, the lawyers make money from him to get him out. Then when he's out and finally lands a job, the lawyers make money again when they will be paid from her, to extract money from him since he now has a job.
      If he complains and appeals the amount, he will pay a new lawyer to file the appeal.
      Also, the judge makes money by being paid. The judge will make money no matter who wins or who loses.
      The court also makes money because they charge the man and the woman for using the court. The taxpayers also pay for the judges and the court officers and the the secretaries from the taxes paid.

    • 2 years ago
  • MotherForTruth
  • justadad
    • 0
      justadad  
    • Notice the trickery of "issue control."

      For example, consider the phrase "The order permits the state's Office of Child Support Services to close its file on Hatley."

      Say, did I hear that it required an order and/or permission of some Judicial Official to close down a "file" on Racketeering?

      Say, did I hear of some implicit suggestion that it requires an appropriately self-licensed/blessed official of the Judiciary to close down a "file" on Discrimination?

      Say, did I hear of some inherent implication that it requires an appropriately postured "authoritarian" of the Judiciary to close down a "file" on Hate?

      Say, I did, I did, I did see/hear a "putty cat."

      Good grief!

      Ditto "couldntfindausername"

      come to think of it, I suspect you/we haven't been able to find Liberty either within our more enlightened and caring compassionate arms of "civil" communities of our more "civil" governance.

    • 2 years ago
  • couldntfindausername
  • MotherForTruth
    • 0
      MotherForTruth  
    • UPDATE

      http://www.wave3.com/Global/story.asp?S=10884434
      Childless man released from child support debt

      ATLANTA, Georgia (CNN) - A Georgia man who spent a year in jail for nonpayment of child support - despite the fact he has no children - has been cleared of the debt, his attorney said Tuesday.

      Frank Hatley, 50, spent 13 months in jail for being a deadbeat dad before his release last month. A judge ordered him jailed in June 2008 for failing to support his "son" - a child who DNA tests proved was not fathered by Hatley.

      Last week, Cook County Superior Court Judge Dane Perkins signed an order stating, "defendant is no longer responsible for paying any amount of child support." The order permits the state's Office of Child Support Services to close its file on Hatley.

    • 2 years ago
  • justadad
    • 0
      justadad  
    • Federally (who ever they may be) sponsored Racketeering.

      And when we look more closely as to the "facts" being used to "pocket the dough" ==> Embezzlement.

      But, of course, it is their enTITLEment IV-mainline.

      And as with addicts,
      They care little of the victims of their crimes.

      Extortion,
      Racketeering,
      And embezzlement;
      As wrong today as it was yesteryears.

      Only difference, today, we're more Enlightened and Empathetic.

      Perhaps, it's the "same as it ever was."

    • 2 years ago
  • soberwood
    • 0
      soberwood  
    • What could possibly be the difference in any outcome whether the lying abusers are hired, appointed, or elected? It makes no matter how the people with power over our lives got that power. the only issue is what the result of their actions and attiude is toward us. I maintain that there can be no differnce for they are of the same type of people. Most of us would lie to get a job, get elected so why do think these people would be any different? Get real, we need to find a way to control our own lives and be responsible. The persons that belongs in jail are the mother who lied about the father of the child and the lawyers, social workers and judges who allowed her to get away with it. This innocent man should immediatly be hired as their jailer.

    • 2 years ago
  • justadad
    • 0
      justadad  
    • soberwood:

      Use,
      Use and misuse,
      Use and misuse, to abuse
      Use and misuse, to abuse of Women,
      Use and misuse, to abuse of Women, and the children and men who love them.

      The mothers are being used, just as in the transitions associated with the Bolshevik Revolution as when Lenin spoke before the "First All-Russian Congress of Women Workers" in Nov 19, 1918 for purposes of (in my opinion) "inciting and tapping into their natural emotions of and inclinations for hate, revolution and of course revenge" against "their" oppressors.

      From the speech: "Up to the present, the position of women has been such that it is called a position of slavery. . . . only socialism can relieve them from this . . . only then will women be fully free and emancipated. . . . The Soviet government is doing everything to enable women to . . . Up to the present not a single Republic has been capable of emancipating the women."

      So come-on neighborly "comrades,"
      Where's your chilvalry?

    • 2 years ago
  • jubal
    • 0
      jubal  
    • If you aren't sure the child is yours get a DNA test ASAP. That will set the record straight from the get go and if you are the dad, then don't be a dead beat. But if you aren't the dad, then high tail it out there and pronto.

    • 2 years ago
  • MotherForTruth
    • 0
      MotherForTruth  
    • jubal:

      According to the article this man did just that in 2000 the DNA reveled that he is not the father and although he was relieved from any future child support he is still held responsible for the $16,398 he still owed the state. This man already paid 9,524.05 in support since the child's birth and he was jailed for the unpaid balance.

    • 2 years ago
  • Steward2
    • 0
      Steward2  
    • $40 a day is chump change for the state to spend for any incarcerated person especially on child support charges,they get Millions in return from the feds.The compounded interest the state et.al. receives on arrears alone makes it profitable for them to keep them in jail,knowing right well the so called 'debt' will not be able to be paid,so the debt keeps mounting until they Break that person,in mind and body.

    • 2 years ago
  • justadad
  • remanns
  • regjoeschmo
    • 0
      regjoeschmo  
    • remanns:

      sorry to tell you remanns, but this is hardly an isolated incident.... it pretty much ahppens in any system that collects child support and has a budget dependant on collecting it.....

    • 2 years ago
  • lj111
  • MotherForTruth
  • dariusvons
  • kiltedandfree
    • 0
      kiltedandfree  
    • If money was the object, why is this man still in jail at the cost of $40/day when he could not work and pay child support. Seems they were penalizing the man for being in jail, where they put him and where he cannot get out because some judge cannot admit a mistake. If they cannot see the fundamental flaw in their logic then the whole state govt need to return to school.

      “It’s definitely unfair,” Kessler said. “But at the same time, he’s dealing with a valid court order.” How is a court order valid when it is wrong? The court order holds the father in contempt for not paying child support, but DNA shows he is not the father, so based on this the contempt order is not valid since it was charged toward the child's father which he isn't. It's a case of the judicial not wanting to admit a mistake. What is wrong with these people, if it were them in jail they would want someone to admit the mistake and get them out pronto, but since it isn't them they feel in no hurry to get this man out of jail. A year? Geez He needs a Congressman or Congresswoman to make some heads roll and get this man out of jail.

    • 2 years ago
  • regjoeschmo
    • 0
      regjoeschmo  
    • kiltedandfree:

      The state also makes money based on how many people are in the jail system...... the Co's actually thank the prisoners when they are in there for CS because it ensures they stay hired..... believe you me, even if there is not a direct financial incentive to the judge they will still act on the states financial interests, it kind of helps them politically....

    • 2 years ago
  • kiltedandfree
    • 0
      kiltedandfree  
    • kiltedandfree:

      This is the reason that privatizing prisons was NOT a good idea, when it is a business, the more inmates they have the more money everyone makes. So the idea of punishment for crimes is old fashioned and making the prison more comfortable for the inmates makes good sense on the bottom line. Let's get them computers and teach them how to make money online by spamming or whatever means they can. Me, I guess I'm old fashion but I think when someone commits a crime they should suffer some kind of punishment and not be sent to a country club for a few years.

    • 2 years ago
  • justadad
    • 0
      justadad  
    • kiltedandfree:

      Maximus maximizes it,
      PSI politicizes it,
      Bank of America banks on it,
      JP Morgan counts on it,
      Lockheed Martin locks on it,
      Northrop Grumman grooms it,
      SMI systemizes it.
      Young Williams advocate for it.
      . . .
      Even NOW, our Judiciary judiciously sanctify it.

      IV-mainlining, a disgusting, decrepit and dark disease.

      Welcome to our more enlightened MAFIA.

      Extortion,
      Racketeering,
      And embezzlements;
      The evermore pressing needs to continue fated cover of their denials of utterly appalling and sickening 'mens rea" associated with the corrupt takings will present as yet to be realized further concerns.

    • 2 years ago
  • Steward2
    • 0
      Steward2  
    • It's a Money maker for family courts through out the USA,

      Example

      How Much Money Does the Judiciary Receive Under the CRA?

      The Judiciary receives several million dollars each year under the CRA.

      Essentially we receive 66 cents for every one dollar spent to support the child support system, excluding judges’ salaries and related expenditures.
      The Judiciary may include in the CRA costs associated with establishing,modifying and enforcing child support.
      Those costs may include salaries and benefits for
      clerk’s office staff, masters and non-judge employees. Note that federal child support funds may not be used to reimburse the State for judges’ salaries, benefits, or judicial
      training and travel.

      ABOUT THE JUDICIARY’S
      CRA
      What is the CRA?
      Each year the Maryland Judiciary enters into a “cooperative reimbursement
      agreement” or CRA with the Maryland Child Support Enforcement Administration
      (CSEA). The CSEA is the entity in our State designated to receive and administer federal
      funds for child support. Through our CRA the Maryland Judiciary receives federal funds
      to reimburse us for the work our courts do to establish, modify and enforce child support
      orders. Funds are for work that is authorized under Title IV-D of the Social Security Act.

      http://www.courts.state.md.us/family/grants/cra_manual_admin_judges-masters_ct_a....

    • 2 years ago
  • MotherForTruth
    • 0
      MotherForTruth  
    • Yes we are all familiar with corruption in our "who cares” society... I want to believe in real freedom of speech and not -say what ever you want; no one cares anyways- kind. I want to believe I can make a difference in our society. I know I may be naive but I can not just stand by.

    • 2 years ago
  • nursediesel
  • JohnA
    • 0
      JohnA  
    • Recovering child support is a money making proposition for states. They take fees and expenses out of collections they make. That's why they do it, money. They could care less who the father is or if it's fair, they're making money on the deal so who cares.

    • 2 years ago
  • regjoeschmo
    • 0
      regjoeschmo  
    • They care not for justice or the well being of the children. This is all based on SS Title IV-D funding practices. The state acts in its own interests while they ignore fundamental constitutional practice.....

    • 2 years ago
MotherForTruth
more from Politics:

top videos