VINDICTIVE PROSECUTION BY FEDERAL PROSECUTORS U.S. JUSTICE DEPT. YELLOW HOUSE STORE CASE LAWRENCE KANSAS

VINDICTIVE PROSECUTION by Federal Prosecutor's INVESTIGATION OF THE YELLOW HOUSE STORE OWNERS GUY & CARRIE NEIGHBORS

Guy and Carrie Neighbors in a motion alleging prosecutorial Vindictiveness request for a dismissal of all charges, and further request sanctions be placed against the prosecutor's office.

A trial court may grant a motion to dismiss pursuant to CrR 8.3(b) if there has been any "arbitrary action or governmental misconduct" resulting in "prejudice to the rights of the accused which materially affect the accused's right to a fair trial."

The term "prosecutorial vindictiveness" describes the actions of the government when it "acts against a defendant in response to the defendant's prior exercise of constitutional or statutory rights."

The Neighbors allege that the Prosecuting attorney has acted in an unprofessional vindictive manner, and has conspired with law enforcement agencies and individual officers in an ongoing investigation, that has resulted in the violation of the Neighbors Constitutional rights.

Including but not limited to; violations of Lawrence police departments policies and procedures rules in regards to the investigations and search's executed against the Neighbors business The Yellow House and residence, chain of custody rule violations, obstruction of Justice, violation of Federal Laws, Falsifying documents, submission of false written statements to Judges and in Press releases, and selective prosecution.

The prosecution has continually violated the right of due process of the law in retaliation for the defendants exercising their Constitutional rights of freedom of speech, request for speedy trial, and submission of Formal complaints to various agencies in regards to Police and Governmental misconduct issues.

Vindictiveness. . . . A presumption of vindictiveness arises when a defendant can prove that 'all of the circumstances, when taken together, support a realistic likelihood of vindictiveness.'" Korum, 157 Wn.2d at 627 (quoting Meyer, 810 F.2d at 1246).
Detailed documentation for all violations listed in this motion is available upon request.

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