On Thursday, May 7th, Judge Leslie Nichols, from Santa Clara County, 400 miles away, dismissed most of Dave Egan’s civil action against the Del Norte County Sheriff’s Department. Judge Nichols had little choice because a crucial document (a declaration of service of summons) was missing from the court file. As I have been closely following this case, I asked Dave Egan after the hearing how this possibly could have happened. My investigation of the matter revealed some shocking occurrences going on in our local court.
First, Dave Egan swears to me that a local registered process server, Wesley Nunn, had served the defendants with the summons and that he filed a “declaration of service or POS” with the court.
So I contacted Mr. Nunn to see what happened. Mr. Nunn stated that, “Regarding the Declaration of Service, I personally served the summons and complaint on the Sheriff’s Department in compliance with applicable laws and rules. Then I filed my Declaration of Service with the court on April 3rd, 2015 and received a file stamped copy (like a receipt). On May 7th, I sat in Dave Egan’s hearing and was startled to hear that even though Judge Nichols carefully went through the file three times struggling to find it, the Declaration of Service was missing.”
So, the very next morning, Friday May 8th, I went to the court myself and examined the court file. There, in the court file, as plain as day, was Mr. Nunn’s declaration of service , the same document that was apparently missing the day prior and caused the dismissal of most of Dave Egan’s civil action (copy below). The court ‘record’ indicates the Declaration of Service had been filed more than a month ago, just as Mr. Nunn said. Further investigation revealed this is not the first time a crucial document ‘disappeared’ right before a hearing and reappeared right after.
I contacted Mr. Nunn again and discovered that he has observed the same thing on three other occasions, always played on visiting judges. Mr. Nunn, who was employed for 10 years with Macy’s Department stores in Santa Rosa as an investigator of internal and external theft,* said he first noticed the occurrence of ‘missing’ documents while watching a hearing where Judge LaCasse, from Mendocino County, could not find a crucial document filed by the attorney days prior. Mr. Nunn checked the file the next day and found the missing document had ‘returned’.
Mr. Nunn says the pattern is the same: a crucial document is filed with the court; the document seems to ‘disappear’ just before the judge hears the matter; and the document seems to reappear before returning to its place in the court clerk’s office. Nunn believes it is not the visiting judges, but someone working under the judges in the local court that is manipulating the files to manipulate the outcome of a case.
So, I again contacted Mr. Egan to see what else I could learn. Mr. Egan swears to the following facts:
Under Oath : Declaration: of Dave Egan
Attempted to get notice & facts to Judge Nichols, via his Judicial Assistant, J. Reynolds, at 12:00 noon, Thursday. May 7th, hours after my Civil Case Hearing, in regards to ”missing POS.”
Reynolds stonewalled me, “I know not of you, nor of your case,” in the beginning of our phone conversation on May 7th, 12:00 noon.
Reynolds became verbally defensive & otherwise agitated upon conveyance of my discovery of “found POS,” upon my return home.
Reynolds, then spouted at “light speed,” facts, dates, inuenndos of my case, only privy to a select few, within the innerworkings of the Judicial sytem, to my shock & dismay .
Friday, May 8th. Missing POS magically instills itself into my case file when Editor from Crescent City Times.com, Westfall, utilizes public access to Civil Court Records and Case Files and finds the POS.
It appears to this reporter that this is just one more manipulation played against Dave Egan after members of the Del Norte County Sheriff’s Department broke into his home in 2011 with claims he possessed a stolen firearm (See Blackhawk Pistol Stories 1-4). Despite nothing on the warrant ever being found, the Sheriffs deputies beat Mr. Egan, threw him in jail, denied him medical attention, and confiscated everything of value from his home, some of which lost its way to evidence. ADDITIONALLY: On April 25, 2014, a public records request was made for a copy of the video of the raid on Dave Egan’s home. Neither the Sheriff’s Department nor the DA’s office have complied. They have 10 days in which to comply. They clearly intend to not comply.
Stay tuned. I will be investigating further and I want to give the judicial assistants, the Court Executive Officer, and even the local judges a full opportunity to comment on the matter.
* Wes Nunn is currently on the Board of Directors of the Crescent City-Del Norte County Taxpayers Association, a local entity that inquires into taxpayer fraud and abuse, and on the local Task Force for the Del Norte Solid Waste Authority.