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Process Service - It is All About Integrity

OK, I had an inner debate whether or not to post about this.  I don't like to point out when other folks in my profession screw up. However, I was hired, basically to clean up someone else's mess.  SO I thought I would talk about it in generic terms.

If you cannot be trusted that your word is your word in the process service business, you have already lost in the process service business.  See, some young, inexperienced process servers think that you have to show that you serve the papers above all else to have credibility.  This isn't really the case.

First of all, there is this thing in Texas called alternative service.  If I am trying to serve you, and I do not catch you at home (but I can show it is your home), I do not have to serve you in person.  If I make (in most Texas Counties) 3 attempts to serve you at home (or work) and I do not catch you there - whether or not it is because you don't answer the door, or you are just not there - I can write an affidavit stating my attempts and how I know you live (or work) there and a judge more often than not will allow alternative service.  That usually means I can either leave the papers with anyone over 16 at the residence, or I can "post" them to the front door (or gate if I cannot access the door). Posting simply means attaching it (usually bu tape) to the front door.

Here is the key.  The affidavit.  If a process server ever lies on an affidavit - they may as well quit the business.  Why?  Several reasons.  First, you have committed a felony (perjury).  Second, if you lied once - every single service you have done can be contested.  Every single service you do in the future can be contested.  You have no credibility - none.  See every return a process server files is either a notarized statement, or a statement made "under penalty of perjury" when filed wit the court.  Once you have been found out to have lied - there is no reason to believe you.

Do servers make mistakes on returns?  Sure they do - a mistake is not a lie.  It can be corrected with an amended return.  If you make enough returns, you will need to make amended returns.  If you lie on an affidavit or return - You are done.  I mean for good. Forever.  There is no "grace period."

To circle back to what I said earlier, about pressure to show that you "serve" the papers, this is the only motivation I can think of for a process server to lie on a return or affidavit.  Why lie.

As a process server, I am a professional disinterested third party.  My job is to to do the best I can to serve the documents, but if I cannot, there usually are remedies in the system.  It is no skin off of my nose if I do not get someone served, if I have put forth due diligence to get the papers to them.

So, there is someone who knows the specifics of a process server who lied in an affidavit.  That person is now obligated under Texas rules to report this to the JBCC (the folks who regulate process servers).  I hope that this is done.

If You Have Access to a Large Audience - You May Want to Learn Facts Before Spouting Opinions

I am addressing the shooting of Philando Castile in Minnesota.  Yes, there is a video that was shot after the fact where Ms. Lavish "Diamond" Reynolds narrates a video while still sitting in the vehicle next to Castile after he has been shot.  I find it interesting that she calmly tells her story about what happened while Castile is dying next to her.  At this point, I will emphasize the word "story."

Let's look at what she said vs what the facts are:

Reynolds said in the video that the police stopped them for a busted tail light.  This is an outright lie.

The real fact is: The police stopped them because Castile matched the prescription of criminal that had robbed a convenience store.  Well, really he looked like one of the men that was caught on video robbing a convenience store in the same neighborhood. The police had been distributed still photos from the video the day before the traffic stop.

Here is what officer Yanez radioed in when making the stop:  “I’m going to stop a car. I’m going to check IDs. I have reason to pull it over. The two occupants look just like people that were involved in a robbery. The driver looks more like one of our suspects, just ‘cause of the wide set nose.” 

Reynolds says that Castile had a concealed carry permit on his left leg. This has yet to be proven. We know that the local county sheriff (Ramsey MN) did not issue one.  Beyond that, we only have the word of someone who could coldly narrate propaganda while her boyfriend is dying next to her.

Reynolds said the officer told Castile to get his ID.  This does not appear to be the case.  In her video - if you look closely - you can see a gun by his left leg.  You also hear Yanez say "I told him not to reach for it." "I told him to get his hand off it."

What I found most odd during this video is that Reynolds was completely calm whilst giving an intentional false narrative of what happened.  Maybe I am missing something, but that is awfully cold hearted,  One would wonder why she would do such a thing.  Remember what to follow folks.

Now, I am not saying Castile was one of the robbers.  I am saying he looked an awful lot like one of them.  Meanwhile - we know what was stolen in the robbery - cash and 2 cartons of Newport Cigarettes. 

From the Minnesota Bureau of Criminal Apprehension's Facebook post:

"...Suspect #2: Black male, shoulder length dreadlocks (some had been pulled into a bun), green baseball cap, sunglasses, a small mustache and some chin hair, tan pants, tan shoes with white soles, and a green long sleeved jacket. The two are suspects in an armed robbery that occurred Saturday, July 2 around 7:30 p.m. at the Super USA at 2424 Larpenteur Avenue in Lauderdale. The suspects took cash from the register and cartons of Newport cigarettes."

Maybe it is coincidence, but look what kind of cigaretts you see in Reynolds hand in a video shot later.

All I am saying is - the false narrative or literally the false narration - has already been accepted by most of the media and everyone from President Obama to the governor of Minnesota.  I cannot yet say for sure the shooting was justified - but the pendelum sure has swung that way.

Stay safe!

Will Smith Killed - Road Rage, or a Planned Homicide?

New Orleans Saints own Will Smith was allegedly shot and killed by Cardell Hayes after a traffic accident.  Apparently Hayes rear ended the car that Smith was Driving.  Smith's wife was in the car.  She was also shot but was taken to the hospital for treatment.  Smith leaves behind his wife and 3 children.

Thiis has been reported as a "road rage" incident.  However, Hayes has a shady history, and was somehow supposedly workig security for the New Orleans Saints.  How a guy that had plead guilty in 2014 to the illegal carrying of a weapon and drug paraphernalia works security kind of has e baffled.

It is also interesting to note that Hayes had filed a wrongful death lawsuit against the NO PD.  It is interesting that former NOPD commander Billy Ceravolo was named specifically in that suit.  He was also seen together with Smith and Pierre Thomas earlier that same evening.

As of now, the NO PD is saying that Hayes and Smith did not know each other.

It all may be just circumstance, but it is hard to believe it is just circumstance.

Stay Safe!