Formal Complaint Sept. 30th, 2008.
Violation of Constitutional Fifth Amendment right of due process by Postal Inspector David Nitz.
Case# 08-MJ-8077-01-JPO
Yellow House Business owners Guy and Carrie Neighbors were arrested by the Postal Inspector David Nitz Friday August 8th. 2008. For “Federal Obstruction of Justice” in a property theft case.
Just one month prior to this incident the Postal Inspector David Nitz was listed as a witness by the Prosecutor Marietta Parker and Court ordered by Federal Magistrate Judge James P O'Hara to have no contact with the defendants.
Background of the complaint:
After the Neighbors turned over the Dell XPS laptop and allowed the officer to copy the information the seller of the laptop provided to the business, Guy Neighbors told Kansas University Police officer Mike Riner investigating the theft that they would need to go through their attorney on Monday before turning over paperwork that had been filled out by a man that had allegedly stolen the laptop and sold it the second hand business.
Appx. 4 hours later they were arrested by Postal Inspector David Nitz and placed in the Douglas County Jail August 8th, then transferred August 11th to the Leavenworth Maximum Security Detention Prison until Aug. 18th.
The Neighbors were not picked up by the US Marshalls (as called for by procedure.)Instead the Postal Inspector himself picked the Neighbors up from the Douglas county Jail and personally Transported them to the department of Justice in Kansas City without presence of counsel. At that time all of the Neighbors personal property was in the possession of the Postal Inspector.
Upon release the personal property being held that the Neighbors were in possession of when arrested were not returned. This included Keys, purse contents including but not limited to; medication, wallet, cell phones, Drivers license and various bank cards. Upon release Aug. 18th, the Neighbors requested the return of their personal property as required by law, which requires all property not being held as evidence should be returned upon release.
A formal request was again made to the Postal Inspector David Nitz for the prompt return of the property on Aug. 25th,2008. By defense attorney John Duma.
As of Sept. 30th, 2008. The personal property has continuously been held by the Postal Inspector David Nitz.
Postal Inspector David Nitz’s failure to return the personal property in a timely manner constitutes the continued personal harassment that the Neighbors have been forced to endure during this long ongoing egregious case, and has violated the Neighbors Constitutional right of due process and the Fifth Amendment which clearly states no person shall be deprived of life, liberty, or property, without due process of law.
Carrie & Guy Neighbors
Yellow House Store
1904 Massachusetts
Lawrence Kansas, 66047
785-842-2785
footnote added October 1, 2008, the personal property was dropped off at John Duma's office. However the checkbook and bankcard taken from Carrie's purse were not returned. In response to the failure to return all the personal property a theft report was made at the Peoples bank by Carrie Neighbors.
Monday, September 29, 2008
Thursday, September 25, 2008
Detective Mike Riner has had an obvious vendetta against the Yellow House business for many years.
Detective Mike Riner confiscated a KU band Uniform that a dumpster diver sold the Yellow House approximately 12 years ago. The owner of the business Carrie Neighbors at the time called KU and they informed her that the Uniforms are turned in by the students at the end of the year. If a student fails to return the uniform they are charged for it.
With this information Carrie told detective Riner that obviously the student had already paid for it and since it was found in a trash dumpster the Uniform obviously did not qualify as stolen property and therefore the University's band department should reimburse her the $40 she had paid for it.
This angered Detective Riner,he did not agree the University should have to reimburse the business and he confiscated the Uniform. Judging by Detective Riners public statements using the name MichaelJ Detective Riner has held a grudge against the business ever since. Blogging under the user name MichaelJ on public forums Lawrence Journal World and larryville.com to demoralize the business and its owners, make fun of them and make reference to this case in blogs dating back to 2006.
Detective Riner under the user name MichaelJ refers to the business owner as "Bitchy" in one of his posts in reference to the band uniform incident. And in another post refers to the business as "the felon house"
We believe that detective Mike Riners Grudge towards the business owners has interfered with his ability to be impartial as a witness and investigator and clearly sets the path for his motivation to be dishonest while giving testimony under oath during the detention hearing, in United States Of America vs. Guy Neighbors & Carrie Neighbors case no. 08-MJ-8077-01/02-JPO. Falsely claiming under oath and contrary to his report to not have been shown the paperwork in question and claiming the notes associated with the paperwork were shredded. But then the prosecutor Terra Morehead later testified that Riner had found the shredded notes and she had seen them. Claiming the sellers form was concealed and participating in the arrest of Guy and Carrie Neighbors on Friday Aug. 8Th, then on Monday August 11Th using the information provided to him by Carrie and Guy Neighbors from the paperwork he testified was concealed, he arrested Robert Samples.
We are requesting an FBI investigation into the actions of the officials presiding over this case. For constitutional rights violations against Guy and Carrie Neighbors including but not limited to color of law violations, oath of office violations and selective vindictive prosecution.
Detective Mike Riner confiscated a KU band Uniform that a dumpster diver sold the Yellow House approximately 12 years ago. The owner of the business Carrie Neighbors at the time called KU and they informed her that the Uniforms are turned in by the students at the end of the year. If a student fails to return the uniform they are charged for it.
With this information Carrie told detective Riner that obviously the student had already paid for it and since it was found in a trash dumpster the Uniform obviously did not qualify as stolen property and therefore the University's band department should reimburse her the $40 she had paid for it.
This angered Detective Riner,he did not agree the University should have to reimburse the business and he confiscated the Uniform. Judging by Detective Riners public statements using the name MichaelJ Detective Riner has held a grudge against the business ever since. Blogging under the user name MichaelJ on public forums Lawrence Journal World and larryville.com to demoralize the business and its owners, make fun of them and make reference to this case in blogs dating back to 2006.
Detective Riner under the user name MichaelJ refers to the business owner as "Bitchy" in one of his posts in reference to the band uniform incident. And in another post refers to the business as "the felon house"
We believe that detective Mike Riners Grudge towards the business owners has interfered with his ability to be impartial as a witness and investigator and clearly sets the path for his motivation to be dishonest while giving testimony under oath during the detention hearing, in United States Of America vs. Guy Neighbors & Carrie Neighbors case no. 08-MJ-8077-01/02-JPO. Falsely claiming under oath and contrary to his report to not have been shown the paperwork in question and claiming the notes associated with the paperwork were shredded. But then the prosecutor Terra Morehead later testified that Riner had found the shredded notes and she had seen them. Claiming the sellers form was concealed and participating in the arrest of Guy and Carrie Neighbors on Friday Aug. 8Th, then on Monday August 11Th using the information provided to him by Carrie and Guy Neighbors from the paperwork he testified was concealed, he arrested Robert Samples.
We are requesting an FBI investigation into the actions of the officials presiding over this case. For constitutional rights violations against Guy and Carrie Neighbors including but not limited to color of law violations, oath of office violations and selective vindictive prosecution.
Wednesday, September 24, 2008
MichaelJ (Anonymous) says…
I'm glad I'm retiring from KU soon. I'm embarassed to say that I work there. $3000 per year for the whistle? gimme a frigging break. They pay much more than that in b.s. frivolous crap. They can afford to keep this! It's just someone's attempt to say "we're doing something to cut costs!"
Give me a break Steeples! You apparently don't know as much as you think you do about KU
-------------------------------------------------------
MichaelJ (Anonymous) says…
Whast shall we talk about tonight? All the dirty cops in Lawrence? The fact that Olin isn't a Police Officer? A new topic?
---------------------------------------------------------
MichaelJ (Anonymous) says…
You see Olin's name on your list? Oh yeah, he got arrested by the FBI didn't he......well, that's what you or your family were alleging on Larryville.
MichaelJ (Anonymous) says…
Well now..to all the obama_sucks, evolve, smitty, YH and whoever else this applies to......all the HONEST cops that I know, and that is the vast majority of them, agree that cops who ARE corrupt, and dishonest shouldn't be cops. They SHOULD be fired. HOWEVER, every swingin' dick who got busted or caught and doesn't have the stones to admit it, whines and complains how (all) the cops are dirty and dishonest. yet they offer no proof. just their whiny complaints in a forum where they don't have to "put up or shut up".
Anyone who really believes that the 1) damn near entire LPD, 2) FBI (the "real ones" and the "fake ones" 3) most Judges 4) numerous Lawyers and 5) anyone else they can bring into this, is out to conspire against Yellow House...and anyone else who got caught dirty....well, I'd like to sell you some swamp land.
Are there dishonest cops? You bet there are. In LA, in New York, in KC, and probably a couple in Lawrence, Kansas. Does that mean that MOST of them are corrupt? No way in hell. No more than all gays are child molesters, or all African Americans are criminals or any other stereotype you want to throw into the mix. But for some reason, it seems to be okay to stereotype all cops as dirty.
I don't know if there are leadership problems within the LPD, cause I don't work for the LPD. (remember, obama, I'm a "something"......not an LPD) But I can tell you that 99% of the LPD folks I know are the most honest, caring people there are. Period. And I'd put their character and morals above the "average" person any day.
------------------------------------------------------------------
MichaelJ (Anonymous) says…
"Now MichaelJ,
You know that all he has to do is agree to participate in an undercover operational sting to bring down the Yellow house and he will get off, and maybe even get paid $50. Now who could turn down a deal like that!"
Gawd, when you talk like that it makes me so HOT!!!. KISS ME DAMMIT...RIGHT NOW!!!!!!
On Teen gets probation for auto burglaries
---------------------------------------------------------------------
MichaelJ (Anonymous) says…
Wow, this is an interesting twist on things isn't it.
I wonder how many undercover FBI agents are lurking here, just waiting to assist in the massive conspiracy against YH.
"Mr. Ludwig perjured himself during testimony , and will be held accountable for his lies." my gosh, who HASN'T lied to frame poor YH? Anyone? If you haven't lied to hurt YH, please raise your hand. Anyone??????????????
On 2 plead guilty to selling stolen goods
---------------------------------------------------------------------------
MichaelJ (Anonymous) says…
I heard they once bought a KU Band Uniform from someone....would that be a tipoff that it might not be a kosher purchase? When did KU ever sell that kind of stuff? Someone told me they were kinda bitchy when they had to give the uniform back too! sheesh....
On Police swear in 5 officers
17 February 2008 at 4:49 p.m.
Suggest removal
-----------------------------------------------------------------------
MichaelJ (Anonymous) says…
Yellow House wrote: "The real FBI from Topeka is currently investigating the Yellow House complaints!"
I'll be the Kansas City FBI would be interested to know they aren't "real"!
On Police swear in 5 officers
23 September 2007 at 4 p.m.
Suggest removal
-------------------------------------------------------------------------
MichaelJ (Anonymous) says…
Wasn't it an undercover Coyote that LPD sent in to sell stolen property to Yellow House?
On Pet owners fear coyotes
-----------------------------------------------------------------
MichaelJ (Anonymous) says…
Yellow House wrote: "The wonderful people at KLWN graciously gave us a copy of our indictment paper…And we are very thankful for everything they have done for us! And for thier support."
That is a quite different statement from: "So when the radio station called and asked us for a statement they told us they had a copy of the charges! But they would only let us see them if we agreed to give them an interview. How messed up is that? the corruption is so bad it smells like a dead skunk!"
On Authorities file new charges in Yellow House investigation
14 September 2007 at 1:43 p.m.
Suggest removal
------------------------------------------------------------------------
MichaelJ (Anonymous) says…
Yellow House said
"...So when the radio station called and asked us for a statement they told us they had a copy of the charges! But they would only let us see them if we agreed to give them an interview. How messed up is that? the corruption is so bad it smells like a dead skunk!
We have to give an interview to the press to have a copy of our own indictment! So we went down and did the interview so we could get a copy of our charges! At the end of the interview we told the reporter ” Please let us know if there are any more charges we need to know about!”"
I was listening to KLWN, the Voice of Merrill, and they basically said Yellow House was full of it in the above post!
On Authorities file new charges in Yellow House investigation
7 July 2006 at 1:11 p.m.
Suggest removal
--------------------------------------------------------------------
MichaelJ (Anonymous) says…
I remember going into Yellow House one time and saw a complete official KU Band Uniform hanging from the shelves. I really doubt KU sells those uniforms
On Officers seen removing items from Yellow House
I'm glad I'm retiring from KU soon. I'm embarassed to say that I work there. $3000 per year for the whistle? gimme a frigging break. They pay much more than that in b.s. frivolous crap. They can afford to keep this! It's just someone's attempt to say "we're doing something to cut costs!"
Give me a break Steeples! You apparently don't know as much as you think you do about KU
-------------------------------------------------------
MichaelJ (Anonymous) says…
Whast shall we talk about tonight? All the dirty cops in Lawrence? The fact that Olin isn't a Police Officer? A new topic?
---------------------------------------------------------
MichaelJ (Anonymous) says…
You see Olin's name on your list? Oh yeah, he got arrested by the FBI didn't he......well, that's what you or your family were alleging on Larryville.
MichaelJ (Anonymous) says…
Well now..to all the obama_sucks, evolve, smitty, YH and whoever else this applies to......all the HONEST cops that I know, and that is the vast majority of them, agree that cops who ARE corrupt, and dishonest shouldn't be cops. They SHOULD be fired. HOWEVER, every swingin' dick who got busted or caught and doesn't have the stones to admit it, whines and complains how (all) the cops are dirty and dishonest. yet they offer no proof. just their whiny complaints in a forum where they don't have to "put up or shut up".
Anyone who really believes that the 1) damn near entire LPD, 2) FBI (the "real ones" and the "fake ones" 3) most Judges 4) numerous Lawyers and 5) anyone else they can bring into this, is out to conspire against Yellow House...and anyone else who got caught dirty....well, I'd like to sell you some swamp land.
Are there dishonest cops? You bet there are. In LA, in New York, in KC, and probably a couple in Lawrence, Kansas. Does that mean that MOST of them are corrupt? No way in hell. No more than all gays are child molesters, or all African Americans are criminals or any other stereotype you want to throw into the mix. But for some reason, it seems to be okay to stereotype all cops as dirty.
I don't know if there are leadership problems within the LPD, cause I don't work for the LPD. (remember, obama, I'm a "something"......not an LPD) But I can tell you that 99% of the LPD folks I know are the most honest, caring people there are. Period. And I'd put their character and morals above the "average" person any day.
------------------------------------------------------------------
MichaelJ (Anonymous) says…
"Now MichaelJ,
You know that all he has to do is agree to participate in an undercover operational sting to bring down the Yellow house and he will get off, and maybe even get paid $50. Now who could turn down a deal like that!"
Gawd, when you talk like that it makes me so HOT!!!. KISS ME DAMMIT...RIGHT NOW!!!!!!
On Teen gets probation for auto burglaries
---------------------------------------------------------------------
MichaelJ (Anonymous) says…
Wow, this is an interesting twist on things isn't it.
I wonder how many undercover FBI agents are lurking here, just waiting to assist in the massive conspiracy against YH.
"Mr. Ludwig perjured himself during testimony , and will be held accountable for his lies." my gosh, who HASN'T lied to frame poor YH? Anyone? If you haven't lied to hurt YH, please raise your hand. Anyone??????????????
On 2 plead guilty to selling stolen goods
---------------------------------------------------------------------------
MichaelJ (Anonymous) says…
I heard they once bought a KU Band Uniform from someone....would that be a tipoff that it might not be a kosher purchase? When did KU ever sell that kind of stuff? Someone told me they were kinda bitchy when they had to give the uniform back too! sheesh....
On Police swear in 5 officers
17 February 2008 at 4:49 p.m.
Suggest removal
-----------------------------------------------------------------------
MichaelJ (Anonymous) says…
Yellow House wrote: "The real FBI from Topeka is currently investigating the Yellow House complaints!"
I'll be the Kansas City FBI would be interested to know they aren't "real"!
On Police swear in 5 officers
23 September 2007 at 4 p.m.
Suggest removal
-------------------------------------------------------------------------
MichaelJ (Anonymous) says…
Wasn't it an undercover Coyote that LPD sent in to sell stolen property to Yellow House?
On Pet owners fear coyotes
-----------------------------------------------------------------
MichaelJ (Anonymous) says…
Yellow House wrote: "The wonderful people at KLWN graciously gave us a copy of our indictment paper…And we are very thankful for everything they have done for us! And for thier support."
That is a quite different statement from: "So when the radio station called and asked us for a statement they told us they had a copy of the charges! But they would only let us see them if we agreed to give them an interview. How messed up is that? the corruption is so bad it smells like a dead skunk!"
On Authorities file new charges in Yellow House investigation
14 September 2007 at 1:43 p.m.
Suggest removal
------------------------------------------------------------------------
MichaelJ (Anonymous) says…
Yellow House said
"...So when the radio station called and asked us for a statement they told us they had a copy of the charges! But they would only let us see them if we agreed to give them an interview. How messed up is that? the corruption is so bad it smells like a dead skunk!
We have to give an interview to the press to have a copy of our own indictment! So we went down and did the interview so we could get a copy of our charges! At the end of the interview we told the reporter ” Please let us know if there are any more charges we need to know about!”"
I was listening to KLWN, the Voice of Merrill, and they basically said Yellow House was full of it in the above post!
On Authorities file new charges in Yellow House investigation
7 July 2006 at 1:11 p.m.
Suggest removal
--------------------------------------------------------------------
MichaelJ (Anonymous) says…
I remember going into Yellow House one time and saw a complete official KU Band Uniform hanging from the shelves. I really doubt KU sells those uniforms
On Officers seen removing items from Yellow House
Monday, September 15, 2008
Formal complaint.
Formal request for an investigation into the actions of the Kansas University's police department. The Arrest and search of the Yellow House Store owners Guy and Carrie Neighbors headed by Detective Michael Riner.
Allegations:
Federal Perjury, Theft during the execution of a search warrant, Constitutional rights violations, Violation of 5th Amendment rights, Conspiracy, Execution of a Federal arrest in a State case Investigation, selective prosecution, vindictive prosecution,unconstitutional discrimination in the administration of a penal statute. Color of Law violations. Denial of equal protection of the law. Violation of due process.
On Thursday August 8th Detective Mike Riner came into the The Yellow House store, 1904 Massachusetts, Lawrence Kansas. (A business that buys and sells second=hand goods.) Because a Laptop computer that was sold on Ebay had been reported stolen by an employee of the University of Kansas.
Owners Guy and Carrie Neighbors turned over the Laptop and showed Detective Riner the sellers form that the customer "Robert Samples" had filled out. Detective Riner was shown two sellers forms, including the one that Mr. Samples signed when selling the Laptop in question. He took notes from both the sellers forms. While taking the notes Detective Riner verbally questioned the fact that 3 laptops were listed on the sellers form and when shown the second sellers form commented "that there was a pattern here." Considering the false allegations in a pending case Carrie Neighbors did not want to make any statements without her attorney.
On Friday at appx. 10:30AM August 9th Detective Riner returned to the Yellow House Store with a reciept for the siezed laptop and requested copies of the sellers forms that Mr. Samples had signed.
At that time Mr. Neighbors Attorney Cheryl Pilate had not yet been notified of her clients contact with the police, or the situation and due to a pending indictment and bond involving another case Mr. Neighbors felt it would be best to have representation of counsel.
At that point Mr. Neighbors invoked his Fifth Amendment right and requested that he be allowed to wait until Monday when he could go through his attorney to turn over the paperwork or answer any more questions involving the case.
A few hours later at appx. 4pm the Postal Inspector David Nitz obtained a Federal arrest warrant. Execution of the arrest warrant was assisted by police Officer Jay Bialek, Detective Riner and other officers from KU Police and LKPD showed up at the business. The Federal arrest warrant was for Obstruction of Justice, concealing a record, and impairment of an official proceeding in violation of Title 18, United States Code $1512(c) and search warrant.
During the execution of the search warrant the store surveillance tape was stolen by the police and a blank tape that was a brand not used by the business was put in its place.
On August 13, 2008 Detective Riner testified in a hearing before Federal Judge James O'Hara on behalf of the Government. Mr. Riner falsely testified that he had not seen the sellers form that was presented in court. He also testified that he had destroyed, and shredded his field notes in the ongoing Federal Investigation prior to the hearing. His testimony was in contrast to the "Warrant for arrest" case number 08-MJ-8077-01-JPO" Page 4 paragraph 10. Which clearly states that detective Riner was shown documents pertaining to the seller Robert Samples. Terra Morehead then testified in court on Monday Aug. 18th that Detective Riner had found the notes, that he earlier had testified on Aug. 13th were shredded and that she had seen them.
The Neighbors were accused of and falsley arrested for concealing the documents, and obstructing the investigation on Friday Aug. 8th.
Yet on Monday August 11th, 2008 Using the information provided to the Detective by the Neighbors, Robert Samples was arrested by University Detective Mike Riner in connection to the stolen laptops.
The arrest of Robert Samples was made based on the information provided on the sellers forms that was shown to Detective Riner by the defendants Guy and Carrie Neighbors. Again a contradiction to Detective Riner's testimony in Federal court on Aug. 13th, 2008 he had not seen the sellers form, and the concealment of the forms had impaired the investigation and warranted the arrest and imprisonment of the defendants.
This arrest has denied and punished the Neighbors for demanding their Constitutional right to have counsel present when being questioned by police. This resulted in both Guy and Carrie Neighbors being locked up for a total of 12 days. Starting in Douglas County Jail, and transferred to the CCA Leavenworth maximum security prison Detention Center. Guys attorney was not even notified until after the arrest.
In Conclusion
This case clearly shows a conspiracy to decieve the courts and selective prosecution. The fact that Lawrence Police officers Jay Bialek, Mickey Rantz, and Postal Inspector David Nitz participated in the execution of an arrest and search involving A University police department Investigation involving a theft at the University shows prosecutorial policy had a discriminatory effect and that it was motivated by a discriminatory purpose.
Formal request for an investigation into the actions of the Kansas University's police department. The Arrest and search of the Yellow House Store owners Guy and Carrie Neighbors headed by Detective Michael Riner.
Allegations:
Federal Perjury, Theft during the execution of a search warrant, Constitutional rights violations, Violation of 5th Amendment rights, Conspiracy, Execution of a Federal arrest in a State case Investigation, selective prosecution, vindictive prosecution,unconstitutional discrimination in the administration of a penal statute. Color of Law violations. Denial of equal protection of the law. Violation of due process.
On Thursday August 8th Detective Mike Riner came into the The Yellow House store, 1904 Massachusetts, Lawrence Kansas. (A business that buys and sells second=hand goods.) Because a Laptop computer that was sold on Ebay had been reported stolen by an employee of the University of Kansas.
Owners Guy and Carrie Neighbors turned over the Laptop and showed Detective Riner the sellers form that the customer "Robert Samples" had filled out. Detective Riner was shown two sellers forms, including the one that Mr. Samples signed when selling the Laptop in question. He took notes from both the sellers forms. While taking the notes Detective Riner verbally questioned the fact that 3 laptops were listed on the sellers form and when shown the second sellers form commented "that there was a pattern here." Considering the false allegations in a pending case Carrie Neighbors did not want to make any statements without her attorney.
On Friday at appx. 10:30AM August 9th Detective Riner returned to the Yellow House Store with a reciept for the siezed laptop and requested copies of the sellers forms that Mr. Samples had signed.
At that time Mr. Neighbors Attorney Cheryl Pilate had not yet been notified of her clients contact with the police, or the situation and due to a pending indictment and bond involving another case Mr. Neighbors felt it would be best to have representation of counsel.
At that point Mr. Neighbors invoked his Fifth Amendment right and requested that he be allowed to wait until Monday when he could go through his attorney to turn over the paperwork or answer any more questions involving the case.
A few hours later at appx. 4pm the Postal Inspector David Nitz obtained a Federal arrest warrant. Execution of the arrest warrant was assisted by police Officer Jay Bialek, Detective Riner and other officers from KU Police and LKPD showed up at the business. The Federal arrest warrant was for Obstruction of Justice, concealing a record, and impairment of an official proceeding in violation of Title 18, United States Code $1512(c) and search warrant.
During the execution of the search warrant the store surveillance tape was stolen by the police and a blank tape that was a brand not used by the business was put in its place.
On August 13, 2008 Detective Riner testified in a hearing before Federal Judge James O'Hara on behalf of the Government. Mr. Riner falsely testified that he had not seen the sellers form that was presented in court. He also testified that he had destroyed, and shredded his field notes in the ongoing Federal Investigation prior to the hearing. His testimony was in contrast to the "Warrant for arrest" case number 08-MJ-8077-01-JPO" Page 4 paragraph 10. Which clearly states that detective Riner was shown documents pertaining to the seller Robert Samples. Terra Morehead then testified in court on Monday Aug. 18th that Detective Riner had found the notes, that he earlier had testified on Aug. 13th were shredded and that she had seen them.
The Neighbors were accused of and falsley arrested for concealing the documents, and obstructing the investigation on Friday Aug. 8th.
Yet on Monday August 11th, 2008 Using the information provided to the Detective by the Neighbors, Robert Samples was arrested by University Detective Mike Riner in connection to the stolen laptops.
The arrest of Robert Samples was made based on the information provided on the sellers forms that was shown to Detective Riner by the defendants Guy and Carrie Neighbors. Again a contradiction to Detective Riner's testimony in Federal court on Aug. 13th, 2008 he had not seen the sellers form, and the concealment of the forms had impaired the investigation and warranted the arrest and imprisonment of the defendants.
This arrest has denied and punished the Neighbors for demanding their Constitutional right to have counsel present when being questioned by police. This resulted in both Guy and Carrie Neighbors being locked up for a total of 12 days. Starting in Douglas County Jail, and transferred to the CCA Leavenworth maximum security prison Detention Center. Guys attorney was not even notified until after the arrest.
In Conclusion
This case clearly shows a conspiracy to decieve the courts and selective prosecution. The fact that Lawrence Police officers Jay Bialek, Mickey Rantz, and Postal Inspector David Nitz participated in the execution of an arrest and search involving A University police department Investigation involving a theft at the University shows prosecutorial policy had a discriminatory effect and that it was motivated by a discriminatory purpose.
Sunday, September 7, 2008
Search warrants obtained with false information.
Unwarranted searches.
Deprivation of food while in custody.
cruel and unusual punishment
Violation of due process to a speedy trial.
Violation of due process for the return of seized property and business records.
Multiple violations in the Chain of Evidence Rules.
Harassment.
Officers offering money to people in attempted sting operations.
Department procedure and policy violations.
Defamation of Character.
Search warrant in violation of LPD policy.
Stalking.
Documentation of Police intimidating people by posing as FBI agents.
Continued police Surveillance without a court order.
Entrapment.
Racial profiling.
Discrimination.
Malicious prosecution.
False arrest.
Interference with the defendant's ability to do business.
Interference with licensing and Internet trading abilities.
Altered video evidence submitted to the courts
Perjured testimony presented in Federal Court
False Imprisonment
malicious prosecution
5th Amendment violation
Prosecutors illegal disclosure of Grand Jury information. A class E felony
Unwarranted searches.
Deprivation of food while in custody.
cruel and unusual punishment
Violation of due process to a speedy trial.
Violation of due process for the return of seized property and business records.
Multiple violations in the Chain of Evidence Rules.
Harassment.
Officers offering money to people in attempted sting operations.
Department procedure and policy violations.
Defamation of Character.
Search warrant in violation of LPD policy.
Stalking.
Documentation of Police intimidating people by posing as FBI agents.
Continued police Surveillance without a court order.
Entrapment.
Racial profiling.
Discrimination.
Malicious prosecution.
False arrest.
Interference with the defendant's ability to do business.
Interference with licensing and Internet trading abilities.
Altered video evidence submitted to the courts
Perjured testimony presented in Federal Court
False Imprisonment
malicious prosecution
5th Amendment violation
Prosecutors illegal disclosure of Grand Jury information. A class E felony
Wednesday, September 3, 2008
Formal complaint. Sept. 3, 2008.
Conspiracy, Harassment, false arrest, Multiple Civil Rights violations, violation of due process, color of law violation, vindictive prosecution, false imprisonment,malicious prosecuton.
Under federal law, the United States Postal Service has authority "to investigate postal offenses and civil matters relating to the Postal Service." 39 U.S.C. ? 404(a)(7).
This authority is primarily exercised through the Postal Inspection Service, which is charged with "enforcing laws related to the Postal Service, the mails, other postal offenses and other laws of the United States." 39 C.F.R. ? 224.3(b)(2).
The federal arrest powers of postal inspectors, however, are limited and specifically defined, including the authority to "serve warrants and subpoenas issued under the authority of the United States" Postal inspectors are not authorized under federal law to execute a warrant or make an arrest for a state law offense. See United States v. Univerzagt, 424 F.2d 396, 398 n.1 (8th Cir. 1970) ("Postal inspectors under 18 U.S.C.A. 3061 are given power to make arrests for postal offenses upon probable cause but are given no power to make arrests for state offenses by either state or federal statute.").
On August 7th, 2008 at appx. 3pm, Carrie Neighbors was notified by her attorney John Duma, that a State investigation was underway in regards to a laptop the Yellow House business had advertised for sale on Ebay had been reported stolen from the University of Kansas, and the theft was being investigated by the University Police. Specifically KU Police Detective Mike Riner.
The Yellow House owners Carrie and Guy Neighbors fully cooperated with the Detective by turning over the laptop in question, and allowing Detective Riner to copy the information from the sellers form. The Neighbors also voluntarily presented the Detective with a second sellers form from 2007 signed by the same seller.
The Next day at 10:30am University Detective Riner returned to the business because he had forgotten to leave the business owners a receipt for the seized computer. At that time the Detective requested a physical copy of the sellers forms. The business owner Guy Neighbors informed Detective Riner his attorney had not been contacted about the situation, and that he wanted to wait until Monday, so he could go through his attorney before turning over any physical paperwork or making any statements to police.
About 4:00pm that afternoon, Postal Inspector David Nitz working in conspiracy with the US Attorneys office, accompanied by KU police, and Lawrence Police officers including Jay Bialek and Mickey Rantz, served a Federal Arrest and District Search Warrant upon the business and the owners Guy and Carrie Neighbors stating Federal Obstruction of Justice Charges. (see exhibit #1).
During the execution of the search warrant the business surveillance tape was taken from the recorder and replaced with a blank tape that is not a brand the business uses. (see photo)
Postal inspectors' federal authority to enforce postal criminal laws does not authorize them to enforce state criminal laws. See Santoni v. Potter, 369 F.3d 594,599 (1st Cir. 2004) (holding that "Postal inspectors are not authorized under federal law to execute a warrant or make an arrest for a state law offense").
The USPIS and USPS-OIG derive their federal investigative authority from 18 U.S.C. fj 3061 (2000) (granting investigative and other law enforcement powers to "Postal Inspectors and other agents of the United States Postal Service designated by the Board of Governors to investigate criminal matters related to the Postal Service and the mail)
This case however did not involve the Postal service, or the Mail. In fact the owners of the business were notified through an email at the end of the auction (Aug. 7, 2008) by the victim, and informed the business he was local and there would be no shipping involved with this item, and that a local pickup would be arranged. (See exhibit #2)
During the hearing before Judge O'Hara Detective Riner testified that the owner of the Laptop in question contacted the police and he was told by the police to bid on the laptop and win it. Officer Rantz testified the police had been aware for at least 6 months that the Yellow House was using this Ebay account. Postal Inspector David Nitz testified he went to the UPS Store connected to the ebay account and verified the owners of the Yellow House had their names and personal information properly placed on the Personal mail box, and no fraudulent activity was taking place in connection with the mailing address provided in the Ebay account.
Authority of the Postal Inspector is limited to "the enforcement of laws regarding property in the custody of the Postal Service, property of the Postal Service, the use of the mails, and other postal offenses" and the enforcement of certain other federal laws determined to "have a detrimental effect upon the operations of the Postal Service." Id. 6 3061(b)(l)-(2).
Therefore Postal Inspector David E. Nitz falsely Federally arrested and imprisoned Guy and Carrie Neighbors, during the execution of a State Investigation that the Neighbors were fully cooperating with, an investigation that did not involve the Postal Service and clearly through his own investigation prior to the arrest did not constitute any fraudulent activity, and did not meet the statutes for a Federal Investigation or arrest August 8, 2008 and through that arrest had the Neighbors placed in Leavenworth Maximum Security Federal Prison Detention center until August 18, 2008.
Upon release the harassment by the Postal Inspector has continued.
Upon release from the Prison neither Guy no Carrie Neighbors personal property was returned.
The Postal Inspector David Nitz has retained custody of the personal belongings and has continuously failed to return them in a timely manner. A request was made on 8/25/08, that the personal items including a purse with Identification, keys, cell phones and medication belonging to the defendants be returned to the Attorneys office for pick-up. (see exhibit #3)
Failure to return these items has further violated the rights of due process, deprivation of property and constitutes harassment. The United States Declaration of Independence inalienable rights afforded to every American to Life, Liberty, and The Pursuit of Happiness, which include but are not limited to:
The Right to acquire, possess, and protect personal and real property;
The Right to be secure from intrusion; and
The Right to privacy
Conspiracy, Harassment, false arrest, Multiple Civil Rights violations, violation of due process, color of law violation, vindictive prosecution, false imprisonment,malicious prosecuton.
Under federal law, the United States Postal Service has authority "to investigate postal offenses and civil matters relating to the Postal Service." 39 U.S.C. ? 404(a)(7).
This authority is primarily exercised through the Postal Inspection Service, which is charged with "enforcing laws related to the Postal Service, the mails, other postal offenses and other laws of the United States." 39 C.F.R. ? 224.3(b)(2).
The federal arrest powers of postal inspectors, however, are limited and specifically defined, including the authority to "serve warrants and subpoenas issued under the authority of the United States" Postal inspectors are not authorized under federal law to execute a warrant or make an arrest for a state law offense. See United States v. Univerzagt, 424 F.2d 396, 398 n.1 (8th Cir. 1970) ("Postal inspectors under 18 U.S.C.A. 3061 are given power to make arrests for postal offenses upon probable cause but are given no power to make arrests for state offenses by either state or federal statute.").
On August 7th, 2008 at appx. 3pm, Carrie Neighbors was notified by her attorney John Duma, that a State investigation was underway in regards to a laptop the Yellow House business had advertised for sale on Ebay had been reported stolen from the University of Kansas, and the theft was being investigated by the University Police. Specifically KU Police Detective Mike Riner.
The Yellow House owners Carrie and Guy Neighbors fully cooperated with the Detective by turning over the laptop in question, and allowing Detective Riner to copy the information from the sellers form. The Neighbors also voluntarily presented the Detective with a second sellers form from 2007 signed by the same seller.
The Next day at 10:30am University Detective Riner returned to the business because he had forgotten to leave the business owners a receipt for the seized computer. At that time the Detective requested a physical copy of the sellers forms. The business owner Guy Neighbors informed Detective Riner his attorney had not been contacted about the situation, and that he wanted to wait until Monday, so he could go through his attorney before turning over any physical paperwork or making any statements to police.
About 4:00pm that afternoon, Postal Inspector David Nitz working in conspiracy with the US Attorneys office, accompanied by KU police, and Lawrence Police officers including Jay Bialek and Mickey Rantz, served a Federal Arrest and District Search Warrant upon the business and the owners Guy and Carrie Neighbors stating Federal Obstruction of Justice Charges. (see exhibit #1).
During the execution of the search warrant the business surveillance tape was taken from the recorder and replaced with a blank tape that is not a brand the business uses. (see photo)
Postal inspectors' federal authority to enforce postal criminal laws does not authorize them to enforce state criminal laws. See Santoni v. Potter, 369 F.3d 594,599 (1st Cir. 2004) (holding that "Postal inspectors are not authorized under federal law to execute a warrant or make an arrest for a state law offense").
The USPIS and USPS-OIG derive their federal investigative authority from 18 U.S.C. fj 3061 (2000) (granting investigative and other law enforcement powers to "Postal Inspectors and other agents of the United States Postal Service designated by the Board of Governors to investigate criminal matters related to the Postal Service and the mail)
This case however did not involve the Postal service, or the Mail. In fact the owners of the business were notified through an email at the end of the auction (Aug. 7, 2008) by the victim, and informed the business he was local and there would be no shipping involved with this item, and that a local pickup would be arranged. (See exhibit #2)
During the hearing before Judge O'Hara Detective Riner testified that the owner of the Laptop in question contacted the police and he was told by the police to bid on the laptop and win it. Officer Rantz testified the police had been aware for at least 6 months that the Yellow House was using this Ebay account. Postal Inspector David Nitz testified he went to the UPS Store connected to the ebay account and verified the owners of the Yellow House had their names and personal information properly placed on the Personal mail box, and no fraudulent activity was taking place in connection with the mailing address provided in the Ebay account.
Authority of the Postal Inspector is limited to "the enforcement of laws regarding property in the custody of the Postal Service, property of the Postal Service, the use of the mails, and other postal offenses" and the enforcement of certain other federal laws determined to "have a detrimental effect upon the operations of the Postal Service." Id. 6 3061(b)(l)-(2).
Therefore Postal Inspector David E. Nitz falsely Federally arrested and imprisoned Guy and Carrie Neighbors, during the execution of a State Investigation that the Neighbors were fully cooperating with, an investigation that did not involve the Postal Service and clearly through his own investigation prior to the arrest did not constitute any fraudulent activity, and did not meet the statutes for a Federal Investigation or arrest August 8, 2008 and through that arrest had the Neighbors placed in Leavenworth Maximum Security Federal Prison Detention center until August 18, 2008.
Upon release the harassment by the Postal Inspector has continued.
Upon release from the Prison neither Guy no Carrie Neighbors personal property was returned.
The Postal Inspector David Nitz has retained custody of the personal belongings and has continuously failed to return them in a timely manner. A request was made on 8/25/08, that the personal items including a purse with Identification, keys, cell phones and medication belonging to the defendants be returned to the Attorneys office for pick-up. (see exhibit #3)
Failure to return these items has further violated the rights of due process, deprivation of property and constitutes harassment. The United States Declaration of Independence inalienable rights afforded to every American to Life, Liberty, and The Pursuit of Happiness, which include but are not limited to:
The Right to acquire, possess, and protect personal and real property;
The Right to be secure from intrusion; and
The Right to privacy
Tuesday, September 2, 2008
Monday, September 1, 2008
Conspiracy between the Department of Justice, the Lawrence Police Department and the Kansas city FBI. To obstruct justice, and perform cover-up investigations.
It would appear that FBI Special Agent Walter Schaefer investigates for the Kansas city FBI. And changes his name to FBI Special Agent "Bob Shaefer" when conducting cover-up investigations for the Federal Prosecutor Marietta Parker in Lawrence Kansas which is outside of his agencies jurisdiction
The Kansas City FBI agency has informed us they do not have jurisdiction to do investigations in Lawrence Kansas. When we requested the files from an investigation that was conducted by the Kansas City FBI, we were referred to the Topeka FBI.
We have conducted interviews of witnesses involved in high profile murder cases in Lawrence Kansas, that have said FBI Special Agent Bob Shaefer was involved in the investigation and interview process of those cases also.
When we submitted a complaint to the LKPD Internal affairs, requesting an investigation into Lawrence Police misconduct, FBI Special Agent Bob Shaefer was sent down to investigate the compliant. After several weeks the Agent cleared the Police of any wrong doing, and the story ran in the local News paper (The Lawrence Journal World.)
Under the Freedom of Information Act we requested a copy of the investigation file. The Kansas City FBI orignally told us that there was no Special Agent Bob Shaefer, we originally assumed the investigation was staged by a fake agent. We were told by the FBI in Kansas City and the FBI in Topeka that no investigation had taken place, and they had never heard of our business The Yellow House.
July 2008, FBI Agent Walter Schaefer testified under oath before Judge O'Hara in Federal court, he had conducted an investigation, but did not interview anyone, did not look at any witness affidavits and did not have a file. He testified that although he was Bob Shaefer during the investigation, his real name is Walter Robert Schaefer.
Aug 2008, a customer sells a used laptop PC to our business. It was stolen from the Kansas University. On Thursday Aug. 7th We were contacted by KU Police Detective Mike Riner. We cooperated with the investigation we returned the Laptop and allowed the Detective to view the sellers form and copy the information onto a yellow legal notepad.
A customer who was in the store before the officer arrived watched as Carrie Neighbors searched for and found the sellers form in the drawer of forms prior to the officers arrival, and was also present when officer Riner entered the business. He witnessed officer Riner looking over the sellers form, taking notes, and questioning the business owner Carrie Neighbors about the items on the sellers form.
Friday (the next day) the Detective returned to the store at 10:30am We informed the Detective we would not be giving any statements or handing over the paperwork until we had a chance to meet with our attorney's on Monday.
A few hours later at 4:pm on Friday Aug. 8th the Detective returned along with Postal Inspector David Nitz, Lawrence Police officer Jay Bialek, Mickey Rantz, (officers Mickey Rantz, Jay Bialek, and David Nitz just one month prior to this incident were named in a motion in relation to another case by the US Attorney Marietta Parker to have the defendants Guy and Carries bond revoked because the Neighbors had contact with these officers through email, or by inadvertently driving past officer Bialeks house and these officers were witnesses that according to the Prosecutor could be intimidated or threatened by having any contact with the two defendants. The Prosecutor requested the Neighbors be incarcerated stating that the contact was a violation of the officers rights as witnesses.)
and numerous other police officers from the LKPD and the University Police, sent by the Federal Prosecutor Marietta Parker with a Federal Arrest Warrant and Search warrant. During the execution of the search warrant our surveillance video was taken from the recorder and replaced with a blank tape that is not the brand of tape we use.
We were both arrested on Federal Obstruction of Justice charges (even though we cooperated with the investigation and this is not a Federal case, its a State case involving a theft from the University being investigated by the University Police) we were sent to Leavenworth Maximum security Federal Prison detention center and held until the Judge ordered our release on Aug. 19th.
When does the Government become accountable for the Conspiracy and outrageous conduct it is being allowed to continue in this case? How long will this attack on our Constitutional rights as American citizens be allowed to go on?
Guy & Carrie Neighbors
Yellow House Store
1904 Massachusetts
Lawrence Kansas 66046
785-842-2785
It would appear that FBI Special Agent Walter Schaefer investigates for the Kansas city FBI. And changes his name to FBI Special Agent "Bob Shaefer" when conducting cover-up investigations for the Federal Prosecutor Marietta Parker in Lawrence Kansas which is outside of his agencies jurisdiction
The Kansas City FBI agency has informed us they do not have jurisdiction to do investigations in Lawrence Kansas. When we requested the files from an investigation that was conducted by the Kansas City FBI, we were referred to the Topeka FBI.
We have conducted interviews of witnesses involved in high profile murder cases in Lawrence Kansas, that have said FBI Special Agent Bob Shaefer was involved in the investigation and interview process of those cases also.
When we submitted a complaint to the LKPD Internal affairs, requesting an investigation into Lawrence Police misconduct, FBI Special Agent Bob Shaefer was sent down to investigate the compliant. After several weeks the Agent cleared the Police of any wrong doing, and the story ran in the local News paper (The Lawrence Journal World.)
Under the Freedom of Information Act we requested a copy of the investigation file. The Kansas City FBI orignally told us that there was no Special Agent Bob Shaefer, we originally assumed the investigation was staged by a fake agent. We were told by the FBI in Kansas City and the FBI in Topeka that no investigation had taken place, and they had never heard of our business The Yellow House.
July 2008, FBI Agent Walter Schaefer testified under oath before Judge O'Hara in Federal court, he had conducted an investigation, but did not interview anyone, did not look at any witness affidavits and did not have a file. He testified that although he was Bob Shaefer during the investigation, his real name is Walter Robert Schaefer.
Aug 2008, a customer sells a used laptop PC to our business. It was stolen from the Kansas University. On Thursday Aug. 7th We were contacted by KU Police Detective Mike Riner. We cooperated with the investigation we returned the Laptop and allowed the Detective to view the sellers form and copy the information onto a yellow legal notepad.
A customer who was in the store before the officer arrived watched as Carrie Neighbors searched for and found the sellers form in the drawer of forms prior to the officers arrival, and was also present when officer Riner entered the business. He witnessed officer Riner looking over the sellers form, taking notes, and questioning the business owner Carrie Neighbors about the items on the sellers form.
Friday (the next day) the Detective returned to the store at 10:30am We informed the Detective we would not be giving any statements or handing over the paperwork until we had a chance to meet with our attorney's on Monday.
A few hours later at 4:pm on Friday Aug. 8th the Detective returned along with Postal Inspector David Nitz, Lawrence Police officer Jay Bialek, Mickey Rantz, (officers Mickey Rantz, Jay Bialek, and David Nitz just one month prior to this incident were named in a motion in relation to another case by the US Attorney Marietta Parker to have the defendants Guy and Carries bond revoked because the Neighbors had contact with these officers through email, or by inadvertently driving past officer Bialeks house and these officers were witnesses that according to the Prosecutor could be intimidated or threatened by having any contact with the two defendants. The Prosecutor requested the Neighbors be incarcerated stating that the contact was a violation of the officers rights as witnesses.)
and numerous other police officers from the LKPD and the University Police, sent by the Federal Prosecutor Marietta Parker with a Federal Arrest Warrant and Search warrant. During the execution of the search warrant our surveillance video was taken from the recorder and replaced with a blank tape that is not the brand of tape we use.
We were both arrested on Federal Obstruction of Justice charges (even though we cooperated with the investigation and this is not a Federal case, its a State case involving a theft from the University being investigated by the University Police) we were sent to Leavenworth Maximum security Federal Prison detention center and held until the Judge ordered our release on Aug. 19th.
When does the Government become accountable for the Conspiracy and outrageous conduct it is being allowed to continue in this case? How long will this attack on our Constitutional rights as American citizens be allowed to go on?
Guy & Carrie Neighbors
Yellow House Store
1904 Massachusetts
Lawrence Kansas 66046
785-842-2785
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