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.
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