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Don’t kill the messenger: Trial in murder of process server underway this week
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James Whitler booking photo. (Larimer County Sheriff's Office)
On May 28, a process server, Stephen Allen, 57, served divorce papers on James Whitler, 45, in Loveland and was beaten with a baseball bat and stabbed to death. Whitler then allegedly proceeded to strangle his children until they were unconscious. Whitler’s trial began yesterday, and the jury is being selected today in Larimer County District Court.
In the legal world, the process server is the underappreciated but vital link to a civil suit. If the defendant can’t be served, the case cannot proceed. Not surprisingly, the defendants are often not happy to be given court papers (including eviction notices and notices one is being sued), which makes the job risky at times. It is not unusual for a server to be yelled and cursed at, although actual violence is rare.
In Whitler’s case, his wife Lisa Whitler was serving a restraining order along with the divorce papers, and she had called the sheriff’s office in the preceding weeks about disturbing text messages her husband had sent. Lisa accompanied Allen to serve the papers, which might have contributed to Whitler’s violent reaction. She called police when Whitler became violent, and authorities arrived as Whitler was choking the children, aged 10 and 12. Lisa was also injured in the incident.
The defense has already filed motions to exclude Whitler’s statements after the incident as well as searches of his home. Judge Daniel Kaup denied the motions last month. Whitler’s public defender Eric Vanatta has also filed (and withdrawn) a motion asserting a Make My Day defense, citing the Colorado law that permits self-defense if someone enters their home. Though the motion was withdrawn, Vanatta may still use the defense in the trial.
Jury selection is expected to conclude today; opening statements will likely be given tomorrow.
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