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"