The Yellow House case has been active since 2005. appx. 6 months after the first search warrant, the Yellow House owners were called down to the Lawrence Kansas Police station to pick up some of the siezed items.
At that time the evidence custodian (After a 20 min. search) could not find three expensive laptop PC's that had apparently gone missing from the LKPD property room. Missing evidence is grounds for a case to be dismissed. Yet instead it sent the Yellow House case into high gear!
So the case continued....
The Yellow House owners have been represented by a total of 9 attorneys during the course of this case. At least 3 of those attorneys have been threatened with "money laundering" charges by the Federal Prosecutors in the case.
The case was dropped by the prosecutor then one month later the same charges refiled, in a vindictive move to have the defendants forcefully rearrested and illegally searched. This would be called a Fishing expedetion in legal terms.
During the nearly 3 years this case has continued, not one motion has been filed on behalf of the defendants by an attorney.
One motion filed to have the charges dismissed because of the speedy trial violation was filed by the defendant "pro-se" because the attorney refused to do it. That motion resulted in the Judge calling an evidence hearing and dropping the said charges. In his opinion ruling he referred to the entire case as egregious.
During this 3 year long case not one defense attorney has ever filed a motion to view, photograph or document the evidence!!
Even though the defendants in this case have repeatedly filed formal complaints that the rules of evidence laws have been violated in this case, two guns missing from the LKPD property room was recovered in the 23rd street Pawn Shop, siezed laptop computers are documented to be missing, video evidence was altered, and an inventory list left with the defendants was altered and falsified to cover-up for missing guns. All grounds for a motion to have the case to be dismissed, or at the very least to call an evidence hearing!
Not one attorney in this 3 year long case has ever filed a motion for an evidence hearing!
The Prosecutors have filed frivalous motion after motion, that have nothing to do with the actual case or charges! While the defense attorneys sit back and fail to file any motions at all!
The Prosecutor has filed a motion to have the defendants gagged by a Federal Judge, in order to stop them from the continued internet postings about the case. After a hearing the motion was denied.
The Prosecutor has filed a supseding indictment to moot a motion to lift an illegal lis pendens placed against the defendants property absent of the required 60 day notice in anticipation of a money judgement. A move that has been ruled impermissable in the 10th circut court.
The Prosecutor has filed a motion to revoke the Bond of the defendants, because they have continued to exersize their Constitutional right of Freedom Of Speech by posting comments and blogs on the internet.
In three years of hearings and motions brought by the Prosecutor, the actual charges have yet to be addressed!
The Federal Indictments in this case are based on hearsay testimony from convicted felons that were bribed by the prosecutor to present perjured testimony to a Grand Jury in exchange for favors.
In three years of arrests, motions, hearings, investigations and charges against the defendants, the Federal Prosecutors Marietta Parker and AUSA Terra Morehead along with the Lawrence Kansas Police have failed to present one piece of solid evidence of any wrong doing by the defendants before the court!
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