Courtesy of JFXonline.com Oct. 2009

Update, Jan. 28: I will complete this story soon but there is a key source I would still like to talk to that would tell more of the process servers’side of the story.

Evidence has surfaced that may explain why prosecutors allowed Adnan Ghalib to avoid a potential seven year jail sentence and to serve 45 days instead on felony charges lodged in Feb. 2009 for allegedly striking a process server with his car.

The underreported facts suggest a scene in which Ghalib may have felt threatened.

Ram Moskowitz, the alleged victim and process server in the incident, filed a declaration with the Los Angeles Superior Court on Feb. 23, 2009, the same day that the public and the judge heard testimony from Britney Spears’father, Jamie Spears, in support of the restraining order he sought against Ghalib that led to the events of Feb. 11.

Moskowitz testifies that he was not alone in the alleyway that day outside of Ghalib’s ex-wife’s apartment and that he was with another agent, Jesse Martell who remained in a vehicle. Moskowitz also says that Ghalib had already been served with the same temporary restraining order that he was allegedly trying to give him.

Moskowitz says that he previously filed proof of service on Ghalib, prior to filing the declaration on Feb. 23 and that his co-worker, Jason Alexander, served Ghalib on Feb. 2.

The declaration first surfaced on Feb. 27, 2009 on celebrity news site TMZ, however TMZ omitted information that may have made the public more sympathetic to Ghalib’s situation on the charges of assault with a deadly weapon, battery with serious bodily injury, and hit and run causing death or injury as alleged by the prosecution. TMZ instead created an obvious negative character from the declaration.

“The process server who was allegedly hit by a Mercedes driven by Adnan Ghalib made it clear in a court declaration — Adnan could have killed him.

“Ram Moskowitz (first name, first clue) claims when he tried serving Adnan with Britney Spears’TRO, Adnan gunned his car and hit him. The force propelled Ram onto the hood. He claims “I stayed on the hood … for about 30 to 40 yards, at which point I was thrown off…””

If the case gone to trial before a jury (Ghalib pled no contest in October to leaving the scene of an accident) the jurors might also have learned that Moskowitz and Martell both had permits to carry firearms and could legally expose those firearms while on duty. Moskowitz applied for a firearm permit on Jan. 23, 2009. He was granted the permit on Jan. 26, 2009, just days before Ghalib was served on Feb. 2, according to online records available through the Department of Consumer Affair’s Bureau of Security and Investigative Services. Martell has had a permit since 1995 and a private investigator’s license that was issued in 1992. He also has his own private company called Martell Investigations.

When asked about the permits and if he and Moskowitz were carrying their firearms on Feb. 11 Martell says, “How do you know that information? If you already know that why are you asking?”

But later he says in response to the same question, “We weren’t carrying firearms. You don’t need a firearm to serve a subpoena.”

More coming soon…after finals week?