Formal complaint.
Formal request for an investigation into the actions of the Kansas University's police department. The Arrest and search of the Yellow House Store owners Guy and Carrie Neighbors headed by Detective Michael Riner.

Allegations:
Federal Perjury, Theft during the execution of a search warrant, Constitutional rights violations, Violation of 5th Amendment rights, Conspiracy, Execution of a Federal arrest in a State case Investigation, selective prosecution, vindictive prosecution,unconstitutional discrimination in the administration of a penal statute. Color of Law violations. Denial of equal protection of the law. Violation of due process.

On Thursday August 8th Detective Mike Riner came into the The Yellow House store, 1904 Massachusetts, Lawrence Kansas. (A business that buys and sells second=hand goods.) Because a Laptop computer that was sold on Ebay had been reported stolen by an employee of the University of Kansas.

Owners Guy and Carrie Neighbors turned over the Laptop and showed Detective Riner the sellers form that the customer "Robert Samples" had filled out. Detective Riner was shown two sellers forms, including the one that Mr. Samples signed when selling the Laptop in question. He took notes from both the sellers forms. While taking the notes Detective Riner verbally questioned the fact that 3 laptops were listed on the sellers form and when shown the second sellers form commented "that there was a pattern here." Considering the false allegations in a pending case Carrie Neighbors did not want to make any statements without her attorney.

On Friday at appx. 10:30AM August 9th Detective Riner returned to the Yellow House Store with a reciept for the siezed laptop and requested copies of the sellers forms that Mr. Samples had signed.

At that time Mr. Neighbors Attorney Cheryl Pilate had not yet been notified of her clients contact with the police, or the situation and due to a pending indictment and bond involving another case Mr. Neighbors felt it would be best to have representation of counsel.

At that point Mr. Neighbors invoked his Fifth Amendment right and requested that he be allowed to wait until Monday when he could go through his attorney to turn over the paperwork or answer any more questions involving the case.
A few hours later at appx. 4pm the Postal Inspector David Nitz obtained a Federal arrest warrant. Execution of the arrest warrant was assisted by police Officer Jay Bialek, Detective Riner and other officers from KU Police and LKPD showed up at the business. The Federal arrest warrant was for Obstruction of Justice, concealing a record, and impairment of an official proceeding in violation of Title 18, United States Code $1512(c) and search warrant.

During the execution of the search warrant the store surveillance tape was stolen by the police and a blank tape that was a brand not used by the business was put in its place.

On August 13, 2008 Detective Riner testified in a hearing before Federal Judge James O'Hara on behalf of the Government. Mr. Riner falsely testified that he had not seen the sellers form that was presented in court. He also testified that he had destroyed, and shredded his field notes in the ongoing Federal Investigation prior to the hearing. His testimony was in contrast to the "Warrant for arrest" case number 08-MJ-8077-01-JPO" Page 4 paragraph 10. Which clearly states that detective Riner was shown documents pertaining to the seller Robert Samples. Terra Morehead then testified in court on Monday Aug. 18th that Detective Riner had found the notes, that he earlier had testified on Aug. 13th were shredded and that she had seen them.

The Neighbors were accused of and falsley arrested for concealing the documents, and obstructing the investigation on Friday Aug. 8th.
Yet on Monday August 11th, 2008 Using the information provided to the Detective by the Neighbors, Robert Samples was arrested by University Detective Mike Riner in connection to the stolen laptops.
The arrest of Robert Samples was made based on the information provided on the sellers forms that was shown to Detective Riner by the defendants Guy and Carrie Neighbors. Again a contradiction to Detective Riner's testimony in Federal court on Aug. 13th, 2008 he had not seen the sellers form, and the concealment of the forms had impaired the investigation and warranted the arrest and imprisonment of the defendants.

This arrest has denied and punished the Neighbors for demanding their Constitutional right to have counsel present when being questioned by police. This resulted in both Guy and Carrie Neighbors being locked up for a total of 12 days. Starting in Douglas County Jail, and transferred to the CCA Leavenworth maximum security prison Detention Center. Guys attorney was not even notified until after the arrest.

In Conclusion

This case clearly shows a conspiracy to decieve the courts and selective prosecution. The fact that Lawrence Police officers Jay Bialek, Mickey Rantz, and Postal Inspector David Nitz participated in the execution of an arrest and search involving A University police department Investigation involving a theft at the University shows prosecutorial policy had a discriminatory effect and that it was motivated by a discriminatory purpose.