Tony Padilla Q&A

[Misfitdolly]

Well, I have already posted my questions regarding the agreement earlier in this thread, right after TP left, post 121.

I saw a potential error in that the certificate of service is dated 16 August 2008, three days BEFORE it was signed by TP, LP, RD and TM.

What I do see as a potential problem if in fact this agreement has been tampered with and JB is dismissed or sanctioned, who the dickens will take his place? It has to be a Florida attorney.

Guess I need to go find the thread where we discussed this and see what our legal beagles had to say about it.

The certificate of service is dated 7-16-09, not 8-16-08

 

[Brattigirle]

They could compare signatures for proof of a forgery.

well JB does have TP's sig on another doc so I guess then he could use that to alter the doc to say what he wants it to say.... Thanx

 

[RR0004]

If the copy was forged, the forger cut, pasted and rearranged the original signatures so it would look like a copy of an original document.

I don't think anybody tried to forge an actual sig.

Is there a way to prove it's been cut and pasted?

 

[Brini]

which is as bad as forgery!!!

Yeah, I think it's illegal.

I once received some records, from a hospital. Pages were pasted over the original records. One could read the original notes through the pasted-on pages.

The hospital is still there, but that program lost it's license.

 

[Brini]

Is there a way to prove it's been cut and pasted?

Two ways:

1) If any of the signatores has a copy of the original, and,

2) If the signatores testify that the document has been altered.

 

[RR0004]

Two ways:

1) If any of the signatores has a copy of the original, and,

2) If the signatores testify that the document has been altered.

Forensically?

 

[Gypsy Road]

Two ways:

1) If any of the signatores has a copy of the original, and,

2) If the signatores testify that the document has been altered.

Not sure if it applies here, but there are forensic computer specialists that could prolly tell whether or not the doc had been tampered with. Not sure if it would ever get that far in this case though.

 

[countzero]

The certificate of service is dated 7-16-09, not 8-16-08

Yep. It's an error on my part. I have already deleted my other posts as not to confuse myself or others.

Note to self, don't watch football and Nascar while reading and replying to posts.

 

[Marina2]

Um, yeah, disbarrment. No question about it.

Gees, do you think attorneys get away with things like this with only a slap on the wrist? It doesn't happen. And, if the document is fraudulent, the judge, the prosecutors and even the other members of the defense team are obligated to report it to the Bar Association or they face ethical violations charges and official reprimands - like losing one's license for 1 - 5 years.

As I see it, the text of the document ends on one page and the signature pages are attached on seperate pages. Bad form. Bad practice. Shoddy work. A good document should leave no doubt that it was valid as to form, content and signature.

Always sign each page or at least initial it and write page one of___, etc. so no one can make "inserts" for you. Just a hint for the lay folks.

I don't question disbarment if a forgery can be proven. My question is how will they prove it to be a forgery if TP didn't retain his own copy and JB claims that the original has been lost. In this case, I don't think he would be disbarred. Maybe reprimanded and the motion thrown out?

And to add to your excellent advice... never leave blank lines on documents you sign.

 

[Brini]

Not sure if it applies here, but there are forensic computer specialists that could prolly tell whether or not the doc had been tampered with. Not sure if it would ever get that far in this case though.

My guess is that if the other signatores presented copies different than JB's and testified that there was some "work" done, forensics wouldn't be found necessary.

 

[Brini]

I don't question disbarment if a forgery can be proven. My question is how will they prove it to be a forgery if TP didn't retain his own copy and JB claims that the original has been lost. In this case, I don't think he would be disbarred. Maybe reprimanded and the motion thrown out?

And to add to your excellent advice... never leave blank lines on documents you sign.

LP and Tracey might have their copies.

 

[jandkmom]

Since the signatures are on pages not on the same as the document, the signature sheets could be originals and the document could have been replace. Since TP doesn't have a copy unless JB admits to swapping the document, which is doubtful, how would TP prove that he didn't sign that document?

 

[Brini]

I don't question disbarment if a forgery can be proven. My question is how will they prove it to be a forgery if TP didn't retain his own copy and JB claims that the original has been lost. In this case, I don't think he would be disbarred. Maybe reprimanded and the motion thrown out?

And to add to your excellent advice... never leave blank lines on documents you sign.

Which is ALSO how we write medical records.

 

[mysteriew]

LP and Tracey might have their copies.

Oh I bet they don't have them now. Something makes me think that the state's attorney probably has them by now.

 

[SeriouslySearching]

Since this is Tony's Q & A thread...shouldn't we be only putting our questions to him here and hashing all the rest of this out on the other motion thread?

 

[milliac]

Wouldn't the notary keep a log of the type of document notarized. Did you and LP sign the same page on any other document and they attaced this page to the privacy agreement?

I never understand why the notarized signature page is separate with no notation or footer referencing the document.

 

[Gypsy Road]

I don't question disbarment if a forgery can be proven. My question is how will they prove it to be a forgery if TP didn't retain his own copy and JB claims that the original has been lost. In this case, I don't think he would be disbarred. Maybe reprimanded and the motion thrown out?

And to add to your excellent advice... never leave blank lines on documents you sign.

And if this is the case (that he claims he lost the original) - how many more slaps on the wrists or reprimands is this man going to receive before he gets the final boot?

 

[MaedchenX]

Did anyone feel mild delight at reading that the notary's last name was Gonzalez, I know I did.

I wonder if any of the remaining SON(anny)DI faithfuls will run with that, oh I do hope so. I loves me a theory, even if it suspends reality/physics/common sense.

 

[jandkmom]

LP and Tracey might have their copies.

I bet they don't have a copy either. If the prosecution had a copy of their copy I think they would have said so yesterday.

 

[DotsEyes]

I don't question disbarment if a forgery can be proven. My question is how will they prove it to be a forgery if TP didn't retain his own copy and JB claims that the original has been lost. In this case, I don't think he would be disbarred. Maybe reprimanded and the motion thrown out?

And to add to your excellent advice... never leave blank lines on documents you sign.

Not a forgery, but fabrication of evidence that was submitted to court as proof of a claim. A claim of forgery requires the services of a document examiner to prove. Both would be grounds for permanent disbarrment and even criminal charges. However, I think the claim here is that Tony signed something and has not disputed his signature, just the document to which it was attached.