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March-8th-2007, 05:49 AM
From Inquirer Wire Services
http://www.philly.com/mld/philly/sports/16857322.htm
Running back Correll Buckhalter would agree to a state-sanctioned paternity test if the Nebraska Supreme Court set aside a default judgment that requires him to pay a Lincoln woman $4,035 a month in child support, his attorney said.
William Dittrick, in arguments to the high court in Lincoln yesterday, said DNA testing paid for by Buckhalter excluded him as the father of a 7-year-old autistic boy born during his days at Nebraska.
Lancaster County (Neb.) Deputy Attorney Barb Armstead said she could not accept the DNA test result produced by Buckhalter because it was not accompanied by identifying information proving Buckhalter was the person who provided the DNA sample.
The state filed a complaint in June 2004 alleging that Buckhalter fathered the boy, who was born July 6, 1999. Buckhalter did not file a response to the complaint but instead paid for a private genetic test.
Buckhalter alleges that the state ignored the DNA test for which he paid. He also contends his due-process rights were violated because he was not notified of an October 2005 hearing in the case.
Buckhalter played at Nebraska from 1997 to 2000. He has been with the Eagles for six seasons and is now a free agent. He had mailing addresses in Pennsylvania, New Jersey and Texas. Armstead told the high court that the state went "far and above" to notify Buckhalter of the hearing. She said Buckhalter also missed at least four appointments for state-sanctioned DNA testing.
By missing the hearing and appointments, Buckhalter was found to be in default, and a court referee awarded Jennifer L. Brown monthly support in addition to $68,595 in back support.
Justice William Connolly asked Dittrick whether Buckhalter was "gaming the system" by claiming that he hadn't been notified of the hearing and suggested that someone other than Buckhalter may have provided the DNA used in the paternity test provided by Buckhalter.
"That's entirely possible," Dittrick responded.
But Dittrick said if child support is awarded to Brown, the state should have irrefutable proof that Buckhalter is the father.
Armstead said Buckhalter was not willing to participate in state-sanctioned DNA testing before the court referee ordered child support in November 2005.
Dittrick said outside the courtroom that Buckhalter in January 2006 offered to submit to a state-sanctioned DNA test, but that that offer was not accepted by the state.
http://www.philly.com/mld/philly/sports/16857322.htm
Running back Correll Buckhalter would agree to a state-sanctioned paternity test if the Nebraska Supreme Court set aside a default judgment that requires him to pay a Lincoln woman $4,035 a month in child support, his attorney said.
William Dittrick, in arguments to the high court in Lincoln yesterday, said DNA testing paid for by Buckhalter excluded him as the father of a 7-year-old autistic boy born during his days at Nebraska.
Lancaster County (Neb.) Deputy Attorney Barb Armstead said she could not accept the DNA test result produced by Buckhalter because it was not accompanied by identifying information proving Buckhalter was the person who provided the DNA sample.
The state filed a complaint in June 2004 alleging that Buckhalter fathered the boy, who was born July 6, 1999. Buckhalter did not file a response to the complaint but instead paid for a private genetic test.
Buckhalter alleges that the state ignored the DNA test for which he paid. He also contends his due-process rights were violated because he was not notified of an October 2005 hearing in the case.
Buckhalter played at Nebraska from 1997 to 2000. He has been with the Eagles for six seasons and is now a free agent. He had mailing addresses in Pennsylvania, New Jersey and Texas. Armstead told the high court that the state went "far and above" to notify Buckhalter of the hearing. She said Buckhalter also missed at least four appointments for state-sanctioned DNA testing.
By missing the hearing and appointments, Buckhalter was found to be in default, and a court referee awarded Jennifer L. Brown monthly support in addition to $68,595 in back support.
Justice William Connolly asked Dittrick whether Buckhalter was "gaming the system" by claiming that he hadn't been notified of the hearing and suggested that someone other than Buckhalter may have provided the DNA used in the paternity test provided by Buckhalter.
"That's entirely possible," Dittrick responded.
But Dittrick said if child support is awarded to Brown, the state should have irrefutable proof that Buckhalter is the father.
Armstead said Buckhalter was not willing to participate in state-sanctioned DNA testing before the court referee ordered child support in November 2005.
Dittrick said outside the courtroom that Buckhalter in January 2006 offered to submit to a state-sanctioned DNA test, but that that offer was not accepted by the state.