Proffer

John,
I was never given the actual proffer contract to sign. My attorney told me I had to meet him at the Dept of Justice and that everyone would be there. I did not know what was going on. We waited for almost two hours at the Dept. of Justice for Guys attorney Sarah Swain to show up. She never showed. We found out later her and Arron McKee were not in agreement over the meeting, and by not showing she protected Guy from being interviewed.
They told me I had to go to the back and talk to them. We went into a big conference room. Nitz, Bialek, Rantz, Jackson, Terik, McKee, Parker and me. We sat at a big table and they started to ask me questions. My attorney said he would tell me what I could and couldn't answer. Terik didn't like my answers and started to yell at me. Parker told Terik to settle down. During the meeting Terik yelled at Parker they got mad at each other. Parker told him she wanted him off the case and he got mad and told her she don't know who he is, he said this was his case. Anyway Parker was mad and told him he was done.
Parker said because I was answering the questions it was called a proffer. Parker told me if I was honest and gave them good information that the drug and gun charge would remain at a state level. T. I asked what about the ebay case? She said there would definately be special considerations. It sounded good, I figured they wouldn't indict me on that either if I cooperated, and I knew that the D.A. already had told my attorey Sarah Swain that he wasnt taking the drug and gun case so at least that would be done. So I said okay ask me some questions.
Parker said I would have to sign something first. She left and came back with paper. She said this was just a generaic proffer agreement she had in her office, I should sign just to talk to them that day. She said she would have to type up the actual contract later. My attorney had me sign it.
I was never given, shown or asked to sign the actual proffer contract agreement for my case.
But according to Kansas Law even an oral contract can be binding.
I fulfilled my end of the contract, including the sting.
1. The Government has violated the contract,
2. They used the information from the proffer to build the case.
3. They did not fulfill the promise to not indict on the guns & Marijuana
4. They violated by attempting to question me without my attorney
5. They violated by informing informants about my cooperation
6. They have not given me or Guy any special considerations, in fact they had us strong armed arrested instead being allowed to turn ourselves in and held us in a cell for 8 hours without food as a punishment.

We finished up that day and the cops said to fulfill the deal me and Guy would need to continue meeting with them at police dept. When Sarah heard what was going on she withdrew from the case and Guy hired James George to represent him. I proffered at the Police station for about 5 days and Guy for 4..
We refused to continue to proffer after the cops violated the proffer agreement by attempting to question me in my store without my attorney present.