RECEIPT FOR SAME SEIZED EVIDENCE LIST ALTERED & SWITCHED IN CONSPIRACY

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CONSPIRACY INVOLVING LIST OF SEIZED INVENTORY ALTERED, SWITCHED, FORGED!

After the police searched our house they left an INVENTORY OF PROPERTY SEIZED AND RECIEPT FOR SAME list, on our table.

One of the first things we noticed was that there was no ammunition listed on it!

They took a wood case of ammunition from the basement; we went down and double checked to see if it was gone! YEP it was gone!

So we E-mailed officials letting them know the ammunition was missing from the list. The list also stated that 12 guns were confiscated. The entire official list was vague and imprecise about what was actually seized!

We took the list to our attorney and showed her the ammunition was not on the list. She told us she would hold onto the list for safe keeping and we agreed. When the case went Federal we had to get federal attorneys, so we went and got our paperwork from her office, but the list was missing!

She informed us that our Private Investigator (an x-cop) had it. (WHY?) We informed them we wanted our inventory list back! For weeks it was unobtainable! Then 3 weeks later we get a call from our X-Attorneys office that the private investigator had returned the list.

We go and get it ...but it’s NOT OUR LIST!

It’s a brand new list on BRAND NEW PAPER! Its filled out in different hand writing. The new list now has ammunition on it, and says they seized 11 guns instead of 12.

I wonder if someone got money for this switcharoo? The going rate the police were offering to bring a stolen item into the Yellow House is $50......So what is the going rate to pull a list switcharoo off?

Well I have several friends in Law Enforcement and they tell me that in other police departments the INVENTORY OF PROPERTY SEIZED AND RECIEPT FOR SAME list is numbered at the top. (Not our list the Lawrence Police Dept. left).. NOPE NO NUMBERS! Most police departments list has a number at the top and all four copies are made with the same number (of course). The home owner gets the original and the police department takes the rest (all matching). The officer in charge signs his name and also puts his badge number below the signature to make it official. NOT the Lawrence Police list we got.

Okay we have seen the inventory list that our current Federal attorney's have, it is not a copy of our list! (But is supposed to be!) Heck its not even in the same handwriting!

There are discrepancies, but the funniest one is-- one officer on our list forgot how to write his name! In fact he completely scratches his name out and had to write it again. That was not the case on the list our attorney's have.(yet their list is supposed to be an exact copy!) Here is our brand new altered list: http://picasaweb.google.com/guysmileys/ForgedSwitchedOutInventoryOfPropertyListFromThe1stSearch/photo#5076168034839761810

Oh wait, the charges get dropped, and the Attorneys have to turn in their files and documents to the Prosecutors office.

Then when the charges are filed again on month later, to everyone's amazement the new attorneys assigned to the case now have new switched out again receipt for same lists! Thats right they got switched out again! Now everyones list matches! Isn't that amazing!

MY QUESTIONS; Why would Lawrence police provide the Department Of Justice a fake list? Why would our Federal attorney's have been provided a list that is not the exact copy of our list? How did the original list get switched while being held in Attorney Sarah Swains office?

WHY WOULD THEY CONSPIRE TOGETHER TO DO THIS?

Why would our former attorney allow the original list (EVIDENCE) out of her office without making a copy?

Why would a private investigator (X-COP) hired to document interviews, and affidavits have our only original inventory list in her possession?

Why would Lawrence police make such a vague list and not have it numbered for accuracy and accountability?

Why would Lawrence Police take homeowners guns and jewelry and not document them properly and individually with serial numbers?

Why would LPD not number the lists for accuracy like other police departments do?

Why would LPD say they took 11 guns when they actually took 12?

Why did our original list get switched and how much money did that cost them? $$$$$

Why was it so important to add the ammunition to the new list?

VIOLATION OF CHAIN OF CUSTODY EVIDENCE RULE BY LAWRENCE KANSAS POLICE IN YELLOW HOUSE CASE LAWRENCE KANSAS

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In violation of title 42, USC section 14141, it is unlawful for any state or local law enforcement officer to practice misconduct that deprives a person of his/her constitutional rights.

According to the rules for the chain of custody, each item of property or evidence seized must be recorded. When describing the property the officer should make sure to include a description of the item or material, and note any markings placed on the property. Accountability for the item must be maintained from the time it is seized until it is released by proper authority. Ie: chain of custody forms. Every time the item(s) seized are moved, or handled by different individuals, the name(s) and the time and date must be noted.

This accountability begins with officers taking the item being seized. When releasing property each person receiving and releasing property will enter his/her signature plus the name and address of agency. It is imperative that the person receiving the personal property sign the chain-of-custody form in the "released to" block. lawrence police also take a photo of the item being returned along with the person in reciept of it.

This letter is claiming that the chain of custody has been corrupted due to outrageous government conduct. In regards to the search warrant EXECUTED Dec 2, 2005, upon the property located at 1104 Andover, Lawrence, Kansas. From the beginning the chain of custody in this case has been corrupt!

No items were individually or properly listed on the inventory of property seized and receipt for same document. Causing concerns regarding the integrity of the evidence.

see list:

Twelve Guns from a high end gun collection were seized but only eleven listed, only 10 GUNS were photographed at the time of the seizure. One gun alone in the collection was a rare custom made gun over 30 years old that had never been fired and had an estimated value of $18,000.00

TWELVE guns were discussed in a pre-indictment hearing with Federal U.S. Prosecuting Attorney Marietta Parker. This is documented in our attorney's notes taken during the meeting and currently available as evidence. Also attending the meeting were IRS Agent Rob Jackson, Police officer J. Bialeck, Police Officer Mickey Rantz, Postal Inspector David Nitz, Defense Attorney Sarah Swain & Aaron McKee, Carrie & Guy Neighbors.

The home owners were not provided any documentation in regards to the gun seizure. Guns were not individually listed.

No serial numbers,

make,

model or descriptions were provided.

A number of older Bicycles were seized, they were not counted, they were not itemized, and no makes, models, or serial numbers were provided. Bike boxes collected by the defendants from the trash were also seized, and later reports by officers were worded to look as though these old bikes were new Trek bikes in the boxes.

Expensive ipods were seized and defendants were not provided with the number of ipods taken or any description thereof. Computers were seized, no itemized list, number of computers seized or descriptions provided. Other items seized from the home without individualized documentation, detailed receipt, or accountability was the home owner’s expensive Diamond and gold jewelry valued at over $1,200 that included family heirlooms taken from the Armoire located in the master bedroom.

The owners were not provided with any kind of list or number of valuable pieces taken.

EVIDENCE MISSING FROM EVIDENCE ROOM!

In July 2006 Officers invited Guy and Carrie Neighbors along with attorney Sarah Swain, to come down to the police station and recover some of the seized items. Also in attendance were several uniformed officers, the city attorney, and Jay Bialek.

During the meeting the Neighbors requested several used high end laptop computers should also be returned. Officer Bialek at first stated that they did not have the computers, then after looking through his notes he stated “here it is I cant even read my own writing”. Guy and Carrie stated the fact that the one computer could not be proven stolen property and should not be held as evidence. They also stated that they had the original receipt from Best Buy and were personal friends with the original owners of the computer. At this point officer Bialek instructed another officer to go retrieve the one computer from the evidence room. After repeated trips to the evidence room and about 10-15 minutes of searching it was determined that the laptop computer could not be located. In violation of the Lawrence Police Procedure Manual pg. 43 section 00-16(a)(c)(e) Officer Bialek at that point assured the Neighbors the computer would be found and returned to them within two weeks. Failure to do so was in violation of Police procedure Manual section 00-16 (G).

EVIDENCE TAKEN DURING SEARCH NEVER TURNED INTO EVIDENCE CUSTODIAN!

Oct. 19th, 2006, Investigation team Officer's Bialek and Rantz stopped into the Yellow House store to question the Neighbors, absent of their attorney about some details of the investigation, in violation of the terms of the proffer agreement stating that the defendants have the right to counsel during questioning.

They also had with them a Sony cyber-shot DSC-P200 7.2 megapixel digital camera valued at $350, that had been seized during one of the 2005 search warrants.

Officer Bialek stated that the officers had failed to properly document the camera and log it into evidence, therefore forgoing any need for customary paperwork or documentation involving the return of the item. In violation of the chain of custody law. (This entire incident is video taped on the stores surveilliance system.)

In conclusion we feel the acts of Law enforcement during the course of our ongoing investigation, have been unlawful, and were capable of infecting the proceedings as abusive of the Courts process. Thus amounting to a deliberate violation of Guy and Carrie Neighbors right to legal privilege were such an affront to the integrity of the justice system, and therefore the rule of law, that the prosecution was rendered abusive and ought not to be countenanced by the Court.

Concluding the illegal conduct of the police has undermined the rule of law itself. Instigating a need for a full investigation into this matter focusing on a full disclosure of where the abuse of process application has been made.

Police Officers put lives of business owners & customers in danger to continue harassment by pulling people over in parking lot

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TRAFFIC STOPS GO BAD! LAWRENCE POLICE OFFICERS PUT LIVES IN DANGER JUST TO BE ABLE TO CONTINUE TO HARRASS THE BUSINESS OWNERS BY PULLING PEOPLE OVER IN FRONT OF THIER SMALL BUSINESS!

The yellow house has turned in several complaints about the police using their four stall parking lot to pull people over on Massachusetts.

Finally a traffic stop goes bad on Feb. 28th, 2007.
Here is the complaint the Yellow House sent out several weeks ago (To the City Manager, chief of police, commisioners etc.):


In the past 10 years, 90 officers nationwide have been killed during a traffic pursuit or stop, the FBI statistics show.



FORMAL COMPLAINT: JAN. 2007

I feel it is a form of harassment and disrespectful, when the police almost daily make traffic stops using my parking lot! We only have four stalls in front of our store and the liquor store has just two stalls.

When police pull people over it is typical for them to park long ways blocking the entire parking lot, preventing potential customers from being able to pull in. It is disrespectful towards our business and intimidating for potential customers to pull in when the police have our parking stalls blocked with the lights flashing. Customers often tell us they feared the police were after our business and did not stop in that day.

We also feel these traffic stops on our property are putting ourselves, our family members, and our customer’s safety unduly at risk. Should a traffic stop go bad, or should a person getting pulled over begin to resist or flee, our lives along with the people in our store could be put in danger! Or what if the person being pulled over has a gun or drugs in the car? As has been the case over and over lately around the downtown area!


Many times these cars being pulled over are just a few feet from our windows and doors; again we are being put at an unnecessary risk, should the stop go bad.

Police officers could easily use Dillons parking, or the Church parking, a safer alternative for the public.

The bottom line, we should and do expect Law enforcement to be there to protect and to serve. They should be using the badge to enforce the law and make our community a safer place to live, not using the power behind the badge as a weapon to make the lives of people or businesses they don't like more difficult or unsafe!

THE END

--------------------------------------------------
STOP GONE BAD.....




Now... on Feb 28th 2007
A Lawrence Police officer pulled over a gold sedan in the parking lot of The Yellow House at 19th and Mass. When the car pulled into the lot (Just a few feet from the front door of the Yellow House) the two black male occupants (felons in posession of a stolen vehicle and drugs) Jumped from the car and ran.

Immediately the police cordened off the area, blocking the round-a-bout at 19th and barker and setting up road blocks in the general area.







Had these two felons ran into the Yellow House (which was just a few feet from the car) or had a shoot-out with the officer, The owners of the Yellow House or their customers, could have ended up in a hostage situation, or perhaps caught in the middle of bullets being fired.



Why should the Yellow House or their customers be subjected to this kind of danger? The Yellow House Parking lot is too small and the building is too close to the street for officers to be able to safely make traffic stops without interfering with the businesses limited parking, nor can the officer assure the safety of the business owners or the public when making these traffic stops.

When it is a known fact that police presence in front of a business is detrimental to the business, and it is a known fact the police go out of their way to stay out of the parking lots of Pawn Shops, as to not interfere with their business flow, why would the Yellow House be subjected to such police acts?






SEE STORY ABOUT THE FACT NO TRAFFIC STOP IS EVER ROUTINE:

There's no guarantee of a "routine'' traffic stop. Despite their training and procedures, cops throughout the state realize that their lives — and the lives of others — are on the line every time they pull a vehicle over.

http://www.policeone.com/traffic-patrol/articles/1195641/

Every single stop and every single location presents a danger," Firko said.

Police S.I. appologizes for giving a false testimony to prosecutor in Yellow House case

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How much more of a travesty of justice can this case become? Judge lungstrum dropped count 2 of the indictment because of speedy trial issues. He called an evidence hearing and determined that the entire case was egregious, and due to the lack of evidence decided to drop the charges with prejudice.

The prosecutor still has two charges left to continue to trial with. One count of manufacturing and one count of Conspiracy.

The manufacturing charge is based on a small amount of substance that was seized during an unrelated search absent of a valid warrant. This same substance, after a lab test ordered by the prosecution proved to be absent of any THC, and therefore does not even fall under the guidelines for Federal prosecution.

The conspiracy charge is based upon false hearsay testimony given by an SI that gave a statement claiming that Carrie Neighbors had confessed to her that she had pot for personal use. Even though it was the SI that informed Carrie in a private conversation discussing the search at a Walmart parking lot that quote "she should tell police it was for personal use, and it would be no big deal."

Now that S.I. met up with Carrie again on Dec. 24Th 2007 at the Walmart. During that chance encounter the S.I. approached Carrie and informed her "they need to talk." She hugged Carrie and asked Carrie to please forgive her. Emotionally she told Carrie that she was so very sorry for what she did. Carrie let her know what she did was wrong, but that she was forgiven.


This has gone on for so long people do not even realize its not over yet? This SI (already feeling remorse) is the person whose testimony Terra Morehead plans to use to prosecute the Neighbors for Conspiracy.

I ask you where is the credibility here? How can this type of baseless hearsay even be allowed in Federal court?
How can a case continue to be prosecuted on such ridiculous unsubstantiated statements without a thread of evidence to back them up? When does someone step in and say "enough?"
How long must innocent people be victimized by these unscrupulous prosecutors with no regard for the legal system?

BY WORKING WITH BUSINESSES POLICE COULD DO MORE TO DETER CRIME IN LAWRENCE KANSAS

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How Police and SecondHand stores can work together to deter property theft within a community.

The only possible way to deter property theft is for the police and the business owners that deal in second hand items to have a working relationship.
In other communities, not only has this proven to be successful it has even been proven to actually deter crime in the area's that this kind of co-operation is achieved.

This kind of protocol will raise their awareness of stolen property, make things tougher for criminals and deter and identify offenders who handle stolen goods.

In order for this type of action to be successful the police must provide lists of stolen property to businesses that have signed up to a code of practice.

This would include the business agreeing to keep written records of the items they buy and checking property offered to them for possible problems. It could also include photographing sellers of items valued at over $100.

There would also need to be a protocol agreement for handling stolen property that does end up in the business.
Like requiring the alleged victim to positively identify the item before it is confiscated. Limiting searches of businesses cooperating with an investigation. Giving the business a property receipt and case number for items seized, And possible means of providing restitution to a business that becomes a victim themselves once stolen property is identified.

Police should also provide details of prolific offenders with the shops that join the program, so that they are aware of people who steal and who will be looking for outlets for that stolen property. When these people attempt to sell things to the business, the business will be in a position to acquire information for police without risking becoming a victim themselves.

Criminals who steal need to sell that property and police, by working with secondhand outlets, would be able to make it more difficult for criminals to dispose of stolen goods this would lead to the recovery of more stolen property.

Not only would this type of program help businesses lower the risk of buying stolen property it would also reduce the market for stolen goods within the community and show criminals that it will not be easy to get rid of stolen property in Lawrence Kansas.
Adherence to this type of program would enable customers to buy goods from local second hand stores with complete confidence, knowing that their origins are legitimate.
We have a good customer base of genuine and honest people and it is always within our interests to maintain that relationship of trust.


“I also believe that this type of program would act as a deterrent to people who try to sell stolen goods through businesses like ours, as it will be clear to them that we simply won’t tolerate it.”

Heavens Child

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Dear Mommy and Daddy, we never had a chance to say good-bye
Looking down through heavens doors, I saw you cry.

You are so very worried, I am so very small
But angels are watching over me, and catch me should I fall.

I have a mansion here, Its filled with lots of light
Up here in heaven, there is never any night.

I have a lot of friends, they all have lovely wings
They watch over me, and teach me lots of things!

They bring me back to earth, that is when I find
I am walking with you, just one step behind.

I want you to go on, never in sorrow be,
For I am here with you, and you are near to me.

Someday here in heaven we again will meet
That will be a day we again will be complete.

But until that day I'll be watching over you
walking just a step behind in everything you do

So until the day you find me, safe within the light
Together again in this place that knows no night

Until we meet again, I send you all my love
Heavens little child, with angels up above.

DON'T LET THIS MOMENT SLIP AWAY

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I held one moment in my hand

Hence I failed to understand

That just as delicate as a flower

Was that tender waisted hour.

I let it carelessly slip by

Friend I tell you with a sigh

That oportunity I once knew

It came and then away it flew!

A gift now waisted a chance to share

Is now replaced with empty air.

Sieze this moment live this day

For soon my friend it will slip away!

by carrie neighbors.

PROSECUTOR WANTS YELLOW HOUSE OWNERS JAILED FOR BLOGGING

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I am not going to get a new name, pretend to be someone else, or have multiple accounts. I am not going to go away! I will not be shut up as long as the Judge's,

Both Judge Rushfelt and Lungstrum continue to remind the prosecutor in the court room that I have a freedom of speech, and that gives me a constitutional right to continue to blog.

The prosecutor has attempted to put sanctions me for me for my blogs, to have me jailed for blogging names, threatened to have my bond revoked for blogging, wanted me jailed until the next court date, and even had 12 of my computers confiscated and not returned.

Marietta Parker even brought copies of the blogs into the court and attempted to intimidate me by passing the copies around the room, like some crime had been committed online.

Judge Lungstrum has said he will not interfere with our constitutional right to freedom of speech.

It appears to be the only constitutional right we have that has not been violated in this entire case!

THerefore I will continue to speak my truth until somebody is held accountable for what they have done to me and my family and my business!!

We have to make sure everything we post is the absolute truth! Otherwise we could be sued for slander! Unfortunately the Government has not followed that same rule!

They have labeled us Fencers without charges or evidence to back it up, they have put dollar amounts on a crime that was not even proven to be a crime, they have even released a press release falsly accusing us of drug related crimes which never existed!

If this was a ball game to see who is slandering who then I believe right now we would simply be the water boy!

THERE IS A GARDEN UP IN HEAVEN

THE GARDEN--------by carrie neighbors

There is a garden up in heaven where the colors never fade

Its welcome sign is always bright even in the shade

And going down the middle is a trail made out of stone

It’s wide enough for two so no one ever walks alone.

As angels prim the garden unto God they sing their praise

How could so much beauty not bring joy into their days?

A place with only sunshine, absent of life’s sorrow

Where days melt into years and there's no fear about tomorrow.

I walk through my own garden, its flowers smell so sweet

It’s my little piece of heaven, where God and me can meet

Someday in heavens Garden I will walk by Gods welcome sign

For now I am just content to know that God has walked by mine!

WHY HAS THE LAW NOT PROTECTED THE YELLOW HOUSE SECOND HAND STORE AND OWNERS?

I ask you why has the law not protected the Yellow House second hand Store of Lawrence Kansas and its owners Guy and Carrie Neighbors?

They have done everything the law requires a business like this to do. They have filed for the right licenses when applicable, they have maintained accurate records of who is selling items to the store. They have maintained accurate financial records for the I.R.S. The business has been run legitimately and always cooperated with law enforcement when necessary.

So I ask why there has been no afforded protection from or by the law?

How can the Government & Lawrence police Dept. continue to subject this business and its owners repeatedly to Searches both with and without warrants and no probable cause? How can the Lawrence Police officers execute a warrant to take just 20 items specifically named by the Judge, then proceed to nearly wipe the business out during the execution of this warrant taking over 100 items, plus customer orders already packaged and labeled to be mailed. How can the Lawrence police and Government officials repeatedly search the Neighbors residence absent of search warrants?

How can these people be repeatedly arrested on a Federal level and have their most basic civil rights violated, based solely on unreliable circumstantial evidence and non-credible hearsay, that no physical evidence or financial documents substantiate?

According to a ruling in Addy v. Professional Bus. Owners Ass'n Workers' Comp. Fund, [Ms. 2001030, Jan. 7, 2002] __ So. 2d __ (Ala. Civ. App. 2002).

(to establish a potential causal connection by referencing certain statements that constitute hearsay, hearsay within hearsay, or which reflect speculation and lack of personal knowledge. This Court finds that such statements are not admissible, credible evidence.")

How can this case continue into Federal Court based solely on lies and hearsay? Even after a 3 hour evidence hearing before Federal Judge John Lungstrum in which there was no evidence presented by the Governments prosecuting attorney Terra D. Morehead!

With no credible witnesses to any wrong doing and no evidence to substantiate any wrong doing, how can this case be allowed to continue for nearly 3 years?

How can the Government be allowed to continue to blatantly obstruct Justice, submit common hearsay as evidence, submit false written statements, Submit false slanderous smear campaign allegations to the media, tamper with the evidence, violate chain of evidence rules, and refuse to investigate any allegations of obvious misconduct hiding under the veil that this is an ongoing investigation?

help me to trust thy word oh Lord

And lean on thee I pray

And give me all the strength to bear

These trials sent my way.

VINDICTIVE PROSECUTION, FALSE WRITTEN STATEMENT SUBMITTED TO THE COURTS BY MARIETTA PARKER U.S. PROSECUTING ATTORNEY IN YELLOW HOUSE CASE

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VINDICTIVE PROSECUTION CHARGE BY U.S. Attorney MARIETTA PARKER under the Direction of Eric Melgren U.S. Department of Justice Kansas City Kansas, FALSE WRITTEN STATEMENT against Yellow House store owners Guy and Carrie Neighbors.

This indictment is clearly Vindictive in nature.
It states at the bottom the Yellow House was investigated by the FBI. This clearly is a false statement because the FBI has denied any involvement in the Yellow House Case.
This Indictment charges the Neighbors with Money Laundering, even though the IRS Agent ROb Jackson has excused himself from the case, and has established after an indepth investigation that no income tax evasion has taken place. How can the prosecutor charge a defendant with money laundering without income tax evasion or cooperation from the IRS?
Clearly it is false to charge the Neighbors with wirefraud when the Postal Service has excused themself from the case and cannot establish through 3 years of investigation that any fraud ever took place.


Tuesday, Sept. 12, 2007

LAWRENCE COUPLE CHARGED
WITH CONSPIRACY, WIRE FRAUD, MAIL FRAUD
AND MONEY LAUNDERING

In other cases, federal grand jury indictments include:
tax evasion, bank robbery, child pornography, immigration violations

KANSAS CITY, KAN. – Carrie Marie Neighbors, ??, ??, and Guy Madison Neighbors, ??, ??, are charged with conspiracy to commit wire fraud, mail fraud, and money laundering in connection with the alleged sale of stolen goods.

The indictment alleges the Neighbors knowingly purchased stolen goods and resold them, conducting some of the transactions on E-bay. The crimes are alleged to have occurred at various times from Jan. 5, 2005, to Nov. 30, 2005 in Lawrence, Kan.

The 19-count indictment includes the following charges against each of the Neighbors:
– One count of conspiracy
– 14 counts of wire fraud
– 4 counts of money laundering


According to the indictment:
– Carrie Neighbors owned Yellow House Quality Appliance, Inc., at 1904 Massachusetts Street, Lawrence, Kan., and Guy Neighbors owned Yellow House at 1835 NW Topeka Boulevard, #131, in Topeka, Kan.
– Both stores bought and sold power tools, clothing, appliances, electronics and other personal property. Some of the items were resold over the Internet on e-Bay.
– The Neighbors had bank accounts at Commerce Bank and Intrust Bank in Lawrence.
– The neighbors purchased items, some of which were stolen, for resale. Some of the items were “new-in-the-box” and cost the Neighbors about 50 percent of their retail value.
– The Neighbors knowingly purchased stolen items from individuals identified in the indictment as L.P., N.P., J.L., M.A., P.N., S.B.C, T.K., N.B., and others. Checks paying for the stolen items carried notations including “tools,” “toothbrushes,” “mixer,” “computer monitor,” “drill sharpener,” “vacuum,” “Compaq Computer,” “fish finder,” and so on. Items purchased include a Trutech DVD system, a 2-gigabyte IPOD Nano, a portable DVD Player, a Garmin eTrex GPS Receiver and so on.
– The Neighbors transferred money and checks drawn on their bank accounts to purchase stolen property.

The indictment seeks a $525,000 money judgement, representing the proceeds from the alleged crimes.

Upon conviction, the alleged crimes carry the following penalties:
– Conspiracy: A maximum penalty of 5 years in federal prison and a fine up to $250,000.
– Wire fraud: A maximum penalty of 20 years in federal prison and a fine up to $250,000.
– Money laundering: A maximum penalty of 20 years and a fine up to $500,000.

The Lawrence Police Department and the Federal Bureau of Investigation worked on the case. Assistant U.S. Attorney Marietta Parker is prosecuting.

PROSECUTION OF UNLAWFUL USER LAW CHARGED WITH MALICE BY PROSECUTOR AGAINST YELLOW HOUSE LAWRENCE KS CASE

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Unlawful user with firearm, Prosecutorial misconduct with malice.

It would be constitutionally challenging for a federal court to convict Guy and Carrie Neighbors of being an unlawful user in violation of 18 U.S.C. & 922(g)(3). Based upon the constitutionality of the definition. And the prosecutorial misconduct associated with the case.

A conviction would be a violation of due process because the definition of "unlawful user is too vague to supply Guy and Carrie Neighbors with adequate notice that their conduct was prohibited. United States v. Cooper, 173 F.3d 1192, 1202 (9th Cir. 1999).
While there is no evidence to establish grounds that Guy and Carrie Neighbors have had a "consistent use of drugs".

Specifically noted, In determination of the definition of the term "unlawful user" should be supported by "the statutory history," Which indicated that § 922 was enacted "to keep firearms out of the hands of those not legally entitled to possess them because of ...their criminal background" Id. at 1365-66. Specifically, it is noted that § 922 explicitly included unlawful drug users as an individual having a "criminal background".

We believe that to prosecute Guy and Carrie Neighbors under this vague law is unconstitutional, and the facts have failed to establish any sufficient evidence beyond a doubt, that the defendants took or used drugs on any regular basis, within the statutory definition of "unlawful user" over an extended period of time.

Both defendants having had no criminal background, or drug histories would not fall under the vague definition of "unlawful user".

Continuing to prosecute under this statute would fall under the definition of "malicious prosecution" and abuse of process. This can be implied in this case, resulting from a lack of probable cause, and from inadequate investigation, research and malice on the part of the prosecution. Prosecuting under such cercumstances would expose the Government to the possibilities of civil actions by defendants.


With indictment under District Court for the District of Kansas case number 06-2071-01/02-CM/JPO. Initiated in conjunction with misuse of the legal process, in retaliation for the defendants filing a complaint alleging police misconduct, violations of the chain of custody rule, and sending out E-mails and public internet postings,

All are an exercise of The First Amendment assuring the Fundamental Right to Free Speech. Federal Judges John Lungstrum and Carlos Marguia have both assured the Neighbors their Liberty of Freedom of Speech will not be compromised in this case.

YELLOW HOUSE CUSTOMER SUBJECTED TO FALSE ARREST BY LAWRENCE KANSAS POLICE OFFICERS

OFFICERS BIALEK AND RANTZ.

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During the summer of 2006, two unmarked police cars and two marked police cars pulled up to Louis Marshall’s residence at 512 Locust Street in Lawrence Kansas. This has been verified also by two documented eye witnesses.

Two officers in plain clothes Micky Rantz and Jay Bialek and two uniformed police officers (identity unknown) knocked on Louis Marshalls door. Louis Marshall answered the door and was told by officer Bialek that he had to go with them to the police station to answer questions about the Yellow House Store. Louis told them "no" and gave them his attorney Sarah Swain's business card. He then told the officers they would need to contact her if they had any questions for him since he was on probation.

Officer Bialek told Louis he was going to have to come with them down to the Police station anyway. He also told Louis that when they were through they would give him a ride back home. Louis informed the officers that the terms of his probation required him to get a judges order before he could have any voluntary police contact, and his attorney told him not to talk to police unless she was with him. The officers told Louis he would need to come with them anyway.

Upon arrival at the police station on 11th street, Louis was escorted by the officers to the second floor, taken down a hallway and into an interrogation room. There he was asked by officer Bialek if he wanted a cup of coffee or a soda. Louis told the officer "no". A tape recorder on the table was turned on. Louis told the officers that he needed his attorney. Then officer Bialek started telling Louis that he knew he used to work at the Yellow House Store (approx. 12 years ago) and he should know some things. Officer Bialek informed Louis that they knew the Yellow House store had written a check to him several days ago for $150. (This was for a washer & dryer set that Louis had purchased from the Yellow House six months prior and then sold back to the Yellow House) The officer asked Louis what the check was for, and Louis told him "None of your business" then told them he needed his attorney. He informed the officers that Judge Fairchild had ordered him not to talk to police without his attorney present. Another officer stuck his head in the doorway and told the officer Bialek that he had an important phone call. At that point the officer said he would have to take the call, so Louis was free to go but would need to return at 3:00 to finish the questioning. Louis asked the officers for their business cards. The officers informed Louis that they were out of business cards but that when he came back at 3:00 they would have a card to give him.


Louis left the police station (he was not given a ride) he walked to the Yellow House store. The owners of the Yellow House store called Attorney Sarah Swain who was also representing them at the time. They explained to Sarah what had happened, and she said that she would call down to the police station and find out why they were messing with her client. She also informed Louis he was not to go back to the Police station at 3:00 like they had requested.

After talking to the police Sarah called the Yellow House back and stated that the police were denying that Louis had been picked up. Louis informed her he had two verified witnesses that saw the police pick him up. The Yellow House owners requested that Louis's statement be documented and added to their evidence file So Sarah told him to come down to her office and sign an affidavit. Later that day Louis had his mother give him a ride down to Sarah Swain’s office. She then sent him to the private investigator Cecilia Woods’s office to have her document his statement in a notarized affidavit. Woods investigative services was also given the names of the witnesses and asked to get statements from them also.

These collected documents later mysteriously disappeared from the Yellow House files while still in Sarah Swain’s office.

During a phone call Sarah Swain made to Louis Marshall's mothers house looking for Louis, his mother informed Sarah that she had driven Louis to the office that day and that she knew he had signed an affidavit for Cecilia Woods. She asked Sarah what had happened to the affidavit. Sarah informed her that it was destroyed and she did not want her client involved with the Yellow House case.

This is a signed replacement of the original affidavit, as recounted by Louis Marshall. November 14, 2007


footnote:
When Sarah Swain was no longer representing the Yellow House owners, the Neighbors picked up their documents and files from Sarah Swains office, The signed affidavits associated with this incident along with the receipt for same inventory list were both missing at that time. When Carrie Neighbors asked Sarah about the missing items Sarah told Carrie that Cecilia Woods had the receipt for Same list and that she did not remember the Louis Marshall incident and there was no affidavit. 6 weeks later a fraudulent “receipt for same list” was allegedly returned to Sarah Swain’s office by Cecilia Woods for Carrie Neighbors to pick up.

BIG DOGS CAN BE ANNOYED BY THE SMALLEST FLEA'S

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Big and tough this dog may be
standing guard upon his grass,
But oh that tiny biting flea
can be such a pain upon his ass!

ACCEPT THE CHALLENGES GOD GIVES YOU WITH FAITH

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(Burglars break through the front door)

God is the hardest taskmaster that we shall ever know,

Its always a test and challenge, each valley that we go,

And when your faith is falling, and your heart is sinking too

God will find the way, and always prove to you

You should not loose your faith, he is at your beck and call

Always on his terms, he shall catch you should you fall,

So guard your life with gentle care

For no matter what, God has put you there!

TAKE THAT GIANT LEAP OF FAITH EVEN WHEN YOU ARE BROKEN

Get free hit counter code That giant leap of faith may be just a pitch and toss It might mean starting over, and counting every loss. It is keeping your head up, when it seems to just go down It's wearing that smile, when you really want to frown. A giant leap of faith, though your life seems broken Means you still stand tall, in the truth you have spoken It is trusting in yourself, when others seem to doubt It is in keeping who you are, and what you are all about It is overcoming the hate, and all the hurtful lies And holding onto faith, when no hears your cries Even when all hope it seems is gone That giant leap of faith says just keep holding on Someday my friend you shall see Within that giant leap of faith, lies all that you can be.

LAWRENCE KANSAS POLICE OFFICERS SERVE HARASSMENT SEARCH WARRANT ON YELLOW HOUSE STORE

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(five officers and 3 police cars!)


(Lawrence Kansas Police officer Jay Rozell looks up while searching the Yellow House Store)



After fully cooperating with an investigation into the theft of a Champion Air compressor, The Yellow House Quality Appliances Inc. was served a Search warrant on May 8th, 2006.

"Has our business been singled out, or do all second hand stores, and or Pawn shops in Lawrence Kansas get served search warrants when they attempt to cooperate with an investigation into a theft?"

On March 3rd, 2006, Dustin Hadl brought in a Champion 2 HP 7 Gallon air compressor to sell to the Yellow House Quality used Appliances Inc. located at 1904 Massachusetts.

He filled out the required "Sellers Form" Which includes Name, address, phone, date of birth, DL number, Item sold, and identification of item, amount sold for, and signature with date stating the item is the seller’s personal property and is not stolen. He was then given a check for $40.00.

Several months later on May 4, of 2006, a customer by the name of Ray Williams came in and informed Carrie Neighbors about an air compressor that was stolen from his garage. He gave Carrie the description of the item, and she agreed to look through her records to see if the item had been sold to the store. She found the sellers form Dustin had filled out and showed it to Mr. Williams. At that point Mr. Williams stated that Dustin was his son- in- law and had indeed stolen the air compressor in question from his garage.

Carrie then made Mr. Williams a copy of the sellers form and told him he should go and make a police report about the theft.

The next day on Friday May 5, of 2006, Lawrence Police Officer Jay Rozell came into the Yellow House Store to question Carrie about the air compressor. Carrie gave officer Rozell her statement; she informed him she had already given all the information that she had about the item and seller in question. Officer Rozell then proceeded to ask her about the sale of the item. She informed him a customer had purchased the compressor several months ago, over the counter and paid $50 cash for it. She gave the customer a cash receipt, but the Yellow House does not require customers purchasing small items to give I.D., names, addresses or other personal information to the store.

The following Monday May 8, 2006, five Lawrence Police Officers, J. Rozell T. Haak, J. Bialek, A. Heffley, and Sgt. Monroe, along with reporters from both the Journal World, and Channel 6 News, showed up at 3:20 PM, to serve a Search Warrant upon the Yellow House Store. The Search warrant was for books, record sheets, receipts, checks/check ledger, eBay documents, and surveillance video and other documentation recording the sale delivery and possession of items being sold or purchased by or through the business. From or involving Dustin Hadle. Officer in charge of the Search Warrant was Jay Rozell.

I ask why a judge would sign off to serve a search warrant on a business that had willingly been cooperating with an investigation. Why would the police ask a judge for a search warrant to seize records when clearly the business owners had already provided all documents in their possession associated with the item in question? Why would the Search warrant include the seizure of eBay records, when clearly the item in question was not bought or sold on eBay?.


Benjamin Franklin once said, "Those who would give up LIBERTY for a little SECURITY deserve neither."


Regards, Guy and Carrie Neighbors
Yellow House quality Appliance Inc
1904 Massachusetts, Lawrence, Kansas

FBI IMPERSONATION FALSIFIED INVESTIGATION IN YELLOW HOUSE STORE LAWRENCE KANSAS INVESTIGATION

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Was a FBI Special agent really sent down to pretend to investigate the Yellow House Police misconduct complaint, and stage a fake FBI investigation for cover-up?

According to the Kansas City FBI agency, there is no record of any such investigation taking place. Was the investigation staged? Was the Agent a real agent or someone posing as an FBI agent? What was the FBI Agents real name? Walter or Bob?

If he really is an agent what was his name? Why would the Kansas City FBI agency have such a difficult time knowing the name of an FBI agent?

Was A Special Agent Bob Shaefer sent to Lawrence as he is referred to in this LJworld article?

http://www2.ljworld.com/news/2006/jun/15/fbi_inquiry_under_way_conduct_police/

Or is this the real Special Agent Bob Schaefer (spelled with a c) (as identified in this Pitch magazine story) that works for the Kansas City FBI? But was this the same agent sent to Lawrence?

http://www.pitch.com/2005-04-07/news/katheryn-the-grate/3

Or is the Agent that came down to Lawrence Kansas to investigate the Yellow House Formal complaint really Walter Schaefer as he is referred to in this letter written to Attorney Sarah Swain by two retired agents from the Kansas City FBI. Why would two retired agents write a letter to an attorney for Agent Walter Schaefer about a case Agent Bob Shaefer is actively investigating? See document.

http://picasaweb.google.com/guysmileys/WouldMariettaParkerFromTheDeptOfJusticePoseAsTheFBIInTheYellowHouseInvestigation/photo#5110709596084900066

Or was the Agent that came down to Lawrence Kansas to investigate the Yellow House formal complaint and meet with Sgt. Patrick of the Lawrence Kansas Police department, and Defense attorney Sarah Swain really Bob Shaefer (spelled without a c) as he is referred to in this letter written to Sarah Swain from Lawrence Kansas Police Chief Ron Olin?
http://picasaweb.google.com/guysmileys/WouldMariettaParkerFromTheDeptOfJusticePoseAsTheFBIInTheYellowHouseInvestigation/photo#5110709712049017186

Could this be the same FBI Agent that was sent down to investigate the 1991 Shooting of Gregg Sevier?

I give up.......Could this just be Spongebob crime pants in disguise?

U.S. FEDERAL JUDGE LUNGSTRUM STEPS DOWN FROM YELLOW HOUSE CASE AFTER EVIDENCE HEARING

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We were notified by our attorney, that Judge Lungstrum was not happy to find out during the evidence hearing this was a refilled case. He has excused himself from the case.

Here is what happened:

It was revealed during the evidence hearing to Judge Lungstrum that this case had already been in court and sceduled to go to trial with Judge Marguia, before the prosecutor the Government dismissed the charges.

The U.S. assistant Federal prosecutor Terra Morehead for the Kansas department of Justice, then refilled the case had the Neighbors rearrested and made it look like a brand new case, in order to trick the courts into thinking it was a case absent of the speedy trial issues.

By doing this the prosecutor was able to get the case out of Judge Margia's court and into Judge Lungstrum's court. Kinda Naughty heh?

This ploy also allowed the prosecution to execute an unwarranted search of the defendants resident, and the defendants attorneys both were able to step down from the case and refuse to be reasigned to the case when it was refiled.

So Judge Lungstrum has gotten this garbage out of his courtroom, excused himself from the case, and sent it over to Judge Margia for the remaining counts.

8 attorneys and 5 Judges later........ Nobody wants us! Kinda makes one feel like little smarty... Had a party, but no one came but the other smarty!

I wonder since Judge Margia got rid of us, and was able to get us pawned over to Judge Lungstrum, and now Judge Lungstrum got rid of us and pawned us back over to Judge Margia, does that make Judge margia our 6th judge or is he still our 4th Judge once over?? Our attorney says just two more judges and we will have been in every Judges courtroom in the Federal building!

OVERVIEW OF JUDGE LUNGSTRUM RULING TO DISMISS CHARGE WITH PREJUDICE AGAINST YELLOW HOUSE STORE OWNERS

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The Honorable U.S. Federal Judge Lungstrum has ruled on the dismissal of count 2 of the drug and gun charges against the Lawrence business owners of the Yellow House store Guy and Carrie Neighbors.

In his ruling filed December 21, 2007, the Judge grants dismissal of the counts with Prejudice.

The judge points out that during the evidence hearing it was revealed that the defendants Guy and Carrie Neighbors, after the charges were dismissed then the same charges were refilled; the Neighbors were not given the opportunity to self surrender. But instead were rearrested, their home was subjected to a warrantless search and they were handcuffed and held in custody for appx. 6 hours without food. The Government contends to the Judge this is how they treat all defendants.

Both attorneys representing the Neighbors prior to the charges being dropped, refused to be a part of the case any longer when the same charges were refilled. Forcing the Neighbors to start over with new attorney's unfamiliar with the case.

Only one witness (Postal Inspector David Nitz) Could be called by the Government prosecutor Terra Morehead to the evidence hearing because the other officers and officials in the case cannot have contact with the Neighbors or discuss the Yellow House case without their attorney's present due to the pending allegations of misconduct.

During the 3 hours of testimony, Postal Inspector David Nitz read ridiculous hearsay interview conversations of 3 non credible witnesses’.

One such witness was Patrick Neiders interview that took place at the Winfield prison.

During the hearing the Government contended that a rare never fired custom made Beretta over & under 12 ga. shotgun that was custom ordered from a gun maker in Italy was only valued at $650. Even though a simple internet search of this gun shows the value of that gun at over $15,000.00. The Governments contention was that the value of the guns was so low they could not qualify as a collection.

In summarizing the case Judge Lungstrum states that this is a charge that even with a conviction would not be very serious.

Judge Lungstrum also states "this is one of the more egregious cases beyond the mere fact that a violation of the speedy trial act has taken place."

The Judge called the case EGREGIOUS!

Definition of Egregious:egregious, flagrant, glaring, gross, rank conspicuously and outrageously bad or reprehensible; "a crying shame"; "an egregious lie"; "flagrant violation of human rights"; "a glaring error"; "gross ineptitude"; "gross injustice"; "rank treachery"