Hear is what is really funny:
The Government publicly labels us as the Largest fencers ever in the history of Lawrence with no evidence to back it up.
Repeatedly violates the secrecy of the Grand Jury laws..including putting out a press release of our sealed 19 count indictment 2 days before we were served. Clearly a violation by the Prosecutor of the Grand Jury secrecy laws that state an indictment is sealed until the defendant is served or taken into custody.
Heck we did the radio interview in exchange for a copy of the indictment! I told my attorney Phil that I told the radio station to make sure and let me know if I get anymore indictments!...LO
But we did get some revenge when we found out through a close friend who had a friend that was a relative of the Special Prosecutor, that knew the Special Prosecutor in Wichita had secured the secret Federal Indictment against the Chief, then we posted that Chief Olin was getting indicted! Because his indictment was sealed too! We figured if the Prosecutors in our case can do it, then why shouldn't we let them see how it feels?
Our friend approached Commisioner Mike Amyx and he admitted something was going on with the Chief, but said that it was being handled secretly as a personel issue.
The Prosecutor falsely announced to the press we were trafficking drugs through our store. Now that was a jaw dropper to hear coming over the news for sure! It was really tough when customers started to come in the next day telling us they heard that on the news.
The Prosecutor also lied to the Judge and the press saying she had to drop the charges because bigger charges and more evidence had been found! (How would you like to be a defendant sitting in your living room hearing that come over the news!)
The Prosecutor lied on the DOJ website press release and put that the ebay case had been investigated by the FBI. (LO!..Now that is a whole nother story!)
The Prosecutor has a full blown emotional breakdown in court during a hearing. Crying and sniffling through the entire second half.. (Then pro-claims the defendants need a psychological evaluation..very funny!)
But the funniest part of all is that the Prosecutor has the nerve to accuse us of being the one that is delusional!
Perhaps my delusion is that I am a defendant that finds it hard to believe under these circumstances I could possibly get a fair trial!
Monday, January 26, 2009
Tuesday, January 13, 2009
FEDERAL PROSECUTORS CONSPIRACY LAWRENCE POLICE DEPARTMENT TO VIOLATE FEDERAL ANTITRUST, SHERMAN ACT
The Yellow House Business owners Constitutional right to be free from a Stalking Government and protected under the Federal Antitrust laws and Sherman Act have been continuously violated!
Within one week of the Dec 2, 2005 search warrant being served upon the Yellow House Store, the Government violated the Antitrust act rights of the business owners by falsely reporting to Ebay that the Yellow House was fencing stolen property using their Internet site.
This allegation was made even though there were no charges, no arrests and no evidence existed that the Neighbors were involved in any kind of fencing activity. Furthermore.. There were absolutely no police reports linking the Yellow House to any stolen property reports. There were no theft reports or victims of theft that had been linked to any of the property confiscated during the search.
There was not one witness, (even after police repeatedly unsuccessfully tried to bribe witnesses with $50 to set up the Yellow House business with stolen Property) that could give any testimony to lead a reasonable person to believe there was ever any conspiracy by the business owners that involved other peoples criminal activities.
THE CONSPIRACY:
The suspension from Ebay allowed other businesses like the Pawn Shops to gain a competitive edge over the Yellow House. The Confiscation of the business records revealed from the beginning to the Government that 75% of the Yellow House business was conducted through on-line sales.
Part of the conspiracy against the business was to run them out of business by interfering with their trade abilities. An alleged conspiracy between the Police and the Pawn Shops that would allow the Pawn Shops (Whom have the buddy system from the local police) and run their own ebay sites, to monopolize the market in Lawrence. The Sherman Act provides: "Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony.
After the suspension without a justifiable cause, various family members and friends came forward one at a time to help; and allowed the Yellow House business owners to sell merchandise using their Ebay accounts. Each time the Neighbors used someones ebay account to sell merchandise, the Government would have that persons Ebay account was also suspended, absent of any charges or evidence a crime had been committed. Some accounts were suspended before any of the auctions were even completed. furthering the conspiracy and interfering with the Yellow House businesses right to fair market trade and competition.
Then on August 18Th, 2008, the Neighbors were released from Leavenworth Maximum security Federal detention center, following their arrest and incarceration on August 8Th, 2008 for obstruction of Justice.
The Neighbors were searched and arrested for "obstruction of Justice" by Lawrence Police officers including two officers named as witnesses Jay Bialek & Micky Rantz that were court ordered not to have contact with the defendants, the Postal Inspector David Nitz, and KU detective Mike Riner along with KU police officers, A KU police officer transported Carrie Neighbors in handcuffs to the jail, and a Lawrence Police officer & David Nitz transported Guy Neighbors to the jail.
Both Carrie and Guy Neighbors were arrested because they requested to have their attorneys be present before handing over paperwork or making statements in regards to a stolen property investigation being handled by the University Police.
As part of the conditions of their release Aug. 18Th,2008, the Neighbors were court ordered by Federal Judge James O'Hara to no longer sell over the Internet. Again more restrictions on the business absent of any proof of wrong doing by the defendants involving the use of the Internet or the banks to conduct their business. Further interfering with the Neighbors ability to run their business competitively in the free trade market.
The Sherman Act provides: "Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal.
FORMAL REQUEST FOR AN INVESTIGATION:
The Neighbors request that a full investigation be conducted into the justification of the continued conspiracy by Government officials to run them out of business, put them at an unfair disadvantage against their competitors and interfere with their ability to conduct business since December of 2005.
THE STALKING HORSE GOVERNMENT:
Ongoing illegal STALKING activity by Government officials hiding behind the protective veil of an unjustified ongoing investigation lasting 4 years, with 6 Federal indictments, Prosecutors Piling up charges absent of any new activity in the case, dismissing charges then bringing them back. only to have them dismissed again, repeated arrests for the same charges, along with a superseding indictment to cover-up an illegal lis pendens, repeated search warrants that included the undocumented seizures of expensive property, theft of the business surveillance tape, repeated strong armed arrests, surveillance without a court order, Grand Jury secrecy violations, arrests & Indictments orchestrated to obstruct justice, hinder an investigation by an outside agency into the Governments misconduct and to cover-up the conspiracy.
THE DEFENDANTS REQUEST A FULL INVESTIGATION INTO THE CORRUPT ONGOING ACTS BY GOVERNMENT OFFICIALS OF CONSPIRACY AND VIOLATIONS OF THE ANTITRUST LAWS!
The Sherman Act puts responsibility upon government attorneys and district courts to pursue and investigate trusts, companies and organizations suspected of violating the Act. Since no one is above the law, this includes Police departments and Government officials suspected of violating the act.
The Clayton Act(1914) proves the extent of the seriousness of the offense when it extended the right to sue under the antitrust laws to "any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws."
Within one week of the Dec 2, 2005 search warrant being served upon the Yellow House Store, the Government violated the Antitrust act rights of the business owners by falsely reporting to Ebay that the Yellow House was fencing stolen property using their Internet site.
This allegation was made even though there were no charges, no arrests and no evidence existed that the Neighbors were involved in any kind of fencing activity. Furthermore.. There were absolutely no police reports linking the Yellow House to any stolen property reports. There were no theft reports or victims of theft that had been linked to any of the property confiscated during the search.
There was not one witness, (even after police repeatedly unsuccessfully tried to bribe witnesses with $50 to set up the Yellow House business with stolen Property) that could give any testimony to lead a reasonable person to believe there was ever any conspiracy by the business owners that involved other peoples criminal activities.
THE CONSPIRACY:
The suspension from Ebay allowed other businesses like the Pawn Shops to gain a competitive edge over the Yellow House. The Confiscation of the business records revealed from the beginning to the Government that 75% of the Yellow House business was conducted through on-line sales.
Part of the conspiracy against the business was to run them out of business by interfering with their trade abilities. An alleged conspiracy between the Police and the Pawn Shops that would allow the Pawn Shops (Whom have the buddy system from the local police) and run their own ebay sites, to monopolize the market in Lawrence. The Sherman Act provides: "Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony.
After the suspension without a justifiable cause, various family members and friends came forward one at a time to help; and allowed the Yellow House business owners to sell merchandise using their Ebay accounts. Each time the Neighbors used someones ebay account to sell merchandise, the Government would have that persons Ebay account was also suspended, absent of any charges or evidence a crime had been committed. Some accounts were suspended before any of the auctions were even completed. furthering the conspiracy and interfering with the Yellow House businesses right to fair market trade and competition.
Then on August 18Th, 2008, the Neighbors were released from Leavenworth Maximum security Federal detention center, following their arrest and incarceration on August 8Th, 2008 for obstruction of Justice.
The Neighbors were searched and arrested for "obstruction of Justice" by Lawrence Police officers including two officers named as witnesses Jay Bialek & Micky Rantz that were court ordered not to have contact with the defendants, the Postal Inspector David Nitz, and KU detective Mike Riner along with KU police officers, A KU police officer transported Carrie Neighbors in handcuffs to the jail, and a Lawrence Police officer & David Nitz transported Guy Neighbors to the jail.
Both Carrie and Guy Neighbors were arrested because they requested to have their attorneys be present before handing over paperwork or making statements in regards to a stolen property investigation being handled by the University Police.
As part of the conditions of their release Aug. 18Th,2008, the Neighbors were court ordered by Federal Judge James O'Hara to no longer sell over the Internet. Again more restrictions on the business absent of any proof of wrong doing by the defendants involving the use of the Internet or the banks to conduct their business. Further interfering with the Neighbors ability to run their business competitively in the free trade market.
The Sherman Act provides: "Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal.
FORMAL REQUEST FOR AN INVESTIGATION:
The Neighbors request that a full investigation be conducted into the justification of the continued conspiracy by Government officials to run them out of business, put them at an unfair disadvantage against their competitors and interfere with their ability to conduct business since December of 2005.
THE STALKING HORSE GOVERNMENT:
Ongoing illegal STALKING activity by Government officials hiding behind the protective veil of an unjustified ongoing investigation lasting 4 years, with 6 Federal indictments, Prosecutors Piling up charges absent of any new activity in the case, dismissing charges then bringing them back. only to have them dismissed again, repeated arrests for the same charges, along with a superseding indictment to cover-up an illegal lis pendens, repeated search warrants that included the undocumented seizures of expensive property, theft of the business surveillance tape, repeated strong armed arrests, surveillance without a court order, Grand Jury secrecy violations, arrests & Indictments orchestrated to obstruct justice, hinder an investigation by an outside agency into the Governments misconduct and to cover-up the conspiracy.
THE DEFENDANTS REQUEST A FULL INVESTIGATION INTO THE CORRUPT ONGOING ACTS BY GOVERNMENT OFFICIALS OF CONSPIRACY AND VIOLATIONS OF THE ANTITRUST LAWS!
The Sherman Act puts responsibility upon government attorneys and district courts to pursue and investigate trusts, companies and organizations suspected of violating the Act. Since no one is above the law, this includes Police departments and Government officials suspected of violating the act.
The Clayton Act(1914) proves the extent of the seriousness of the offense when it extended the right to sue under the antitrust laws to "any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws."
Monday, January 5, 2009
PROSECUTORS THREATEN AND INTIMIDATE DEFENSE ATTORNEYS IN YELLOW HOUSE CASE
From the very beginning of this case the Federal Prosecutor Marietta Parker and Terra Morehead has corruptly attempted to manipulate and control the defense attorneys in the Yellow House case. After the initial search warrant was executed in 2005, the defendants Guy and Carrie Neighbors hired a defense attorney Sarah Swain to handle the situation. There were no charges at the time.
After several complaints were filed alleging police misconduct, the Prosecutor began to threaten and intimidate defense attorney Sarah Swain that her banking records would be pulled, that her office could be charged with money laundering for accepting payment from the defendants, and that she could even be facing criminal charges or complaints of ethics violations to the Bar for defending the Neighbors.
Then the Federal Prosecutor Marietta Parker decided that Defense Attorney Sarah Swain could not represent both defendants, even though no charges or indictments had even been filed. The Neighbors then were forced to hire a second Attorney Aaron McKee to represent Carrie Neighbors seperately from Guy Neighbors. Soon after..the Prosecutor began to threaten Mr. McKee's office with the same charges that had been threatened against Ms. Swains office.
Once the Prosecutor had threatened the defense attorneys, they were no longer capable of giving the Neighbors adequate representation. Numerous things happened in violation of the Neighbors constitutional rights, that were a direct result of the defense attorneys acting out of fear, both defense attorneys were rendered incapable of giving the Federal Prosecutor any resistance to her demands.
LEGAL STATEMENT:
The Prosecutor's power comes from the tough money laundering laws passed by Congress in the mid-1980's called the Sentencing Reform Act of 1984 and the Money Laundering Act of 1986, which gave federal prosecutors powerful new weapons in the narcotics war. It enabled them to put anyone; including defense attorneys who took money originating from drug trafficking or other illegal activities in prison.
An amendment, passed by Congress in 1994 after heavy lobbying by criminal defense lawyers, excludes funds used "for the right to representation as guaranteed by the Sixth Amendment" from consideration in money laundering cases.
It is also a violation of ethics and grounds to be disbarred for a Prosecutor to use this law as a weapon to threaten and control defense attorneys without adequate "probable cause" to back up the threats!"
There has never been any evidence presented in this case that the Neighbors have ever evaded taxes, had any illegal transactions, defrauded the banks, been involved in drug trafficking, Laundered money, or used dirty money to pay their attorney's.
PATTERN OF ABUSE:
After several incidents that involved misconduct by the two Lawrnece Kansas Police officers investigating the case Carrie and Guy Neighbors filed a formal complaint against the two officers. Carrie accused defense attorney Aaron Mckee of coercion with the prosecutor and terminated the attorney client relationship. To retaliate against the Neighbors for these actions, the prosecutor Marietta Parker told Aaron McKee that she would indict the Neighbors immediately for being "Unlawful users with firearms."
The pattern of abuse has continued even after the Neighbors could no longer afford paid attorneys, and were forced to use public defenders hired by the courts.
When the Neighbors refused to take a plea deal, and falsely admit guilt, the Prosecutor Terra Morehead dropped the charges using the threat that bigger charges would come.
Then one month later Ausa Morehead brought back the same charges but presented it to the court as a brand new case and piled on more charges absent of any new activity in the case. As a direct result the Neighbors were once again strong armed arrested in their home, and forced to start over with new court appointed attorneys.
Could it be it is easier for police and prosecutors to get convictions by piling charges on a convenient suspect until they coerce a plea than to solve a case and find the truth?
The Prosecutor has continued her abuse of her power by dumping thousands of pages of useless discovery on the defense attorneys, while withholding and removing exculpatory discovery from the files. Documents in the Neighbors discovery has also been forged and manipulated.
And in an effort to further divert the attorneys time from investigations and trial preparations she has filed numerous meritless motions. Filed superseding indictments absent of any new activity, had the defendants arrested and imprisoned on State Charges. Continued to fish for evidence after the trial dates by serving search warrants on the defendants for DNA and even getting into the defendants password protected internet accounts.
The Prosecutor has forced one Attorney off the case by revealing Secret Grand Jury testimony. And the Prosecutor has repeatedly threatened that the trial would last more than 6 weeks, causing the defense attorneys to fear for their practice and the inablitily to serve their other clients.
IN CONCLUSION:
Fortunately for the Neighbors their current defense attorneys John Duma and Cheryl Pilate have continued to fight for justice and have refused to be intimidated into abandoning their obligations to their clients. For the first time in four years, the case is moving forward, investigators have been hired to interview witnesses, view the discovery, document the evidence, and perhaps even a few motions for suppression and dismissal will be filed soon!
After several complaints were filed alleging police misconduct, the Prosecutor began to threaten and intimidate defense attorney Sarah Swain that her banking records would be pulled, that her office could be charged with money laundering for accepting payment from the defendants, and that she could even be facing criminal charges or complaints of ethics violations to the Bar for defending the Neighbors.
Then the Federal Prosecutor Marietta Parker decided that Defense Attorney Sarah Swain could not represent both defendants, even though no charges or indictments had even been filed. The Neighbors then were forced to hire a second Attorney Aaron McKee to represent Carrie Neighbors seperately from Guy Neighbors. Soon after..the Prosecutor began to threaten Mr. McKee's office with the same charges that had been threatened against Ms. Swains office.
Once the Prosecutor had threatened the defense attorneys, they were no longer capable of giving the Neighbors adequate representation. Numerous things happened in violation of the Neighbors constitutional rights, that were a direct result of the defense attorneys acting out of fear, both defense attorneys were rendered incapable of giving the Federal Prosecutor any resistance to her demands.
LEGAL STATEMENT:
The Prosecutor's power comes from the tough money laundering laws passed by Congress in the mid-1980's called the Sentencing Reform Act of 1984 and the Money Laundering Act of 1986, which gave federal prosecutors powerful new weapons in the narcotics war. It enabled them to put anyone; including defense attorneys who took money originating from drug trafficking or other illegal activities in prison.
An amendment, passed by Congress in 1994 after heavy lobbying by criminal defense lawyers, excludes funds used "for the right to representation as guaranteed by the Sixth Amendment" from consideration in money laundering cases.
It is also a violation of ethics and grounds to be disbarred for a Prosecutor to use this law as a weapon to threaten and control defense attorneys without adequate "probable cause" to back up the threats!"
There has never been any evidence presented in this case that the Neighbors have ever evaded taxes, had any illegal transactions, defrauded the banks, been involved in drug trafficking, Laundered money, or used dirty money to pay their attorney's.
PATTERN OF ABUSE:
After several incidents that involved misconduct by the two Lawrnece Kansas Police officers investigating the case Carrie and Guy Neighbors filed a formal complaint against the two officers. Carrie accused defense attorney Aaron Mckee of coercion with the prosecutor and terminated the attorney client relationship. To retaliate against the Neighbors for these actions, the prosecutor Marietta Parker told Aaron McKee that she would indict the Neighbors immediately for being "Unlawful users with firearms."
The pattern of abuse has continued even after the Neighbors could no longer afford paid attorneys, and were forced to use public defenders hired by the courts.
When the Neighbors refused to take a plea deal, and falsely admit guilt, the Prosecutor Terra Morehead dropped the charges using the threat that bigger charges would come.
Then one month later Ausa Morehead brought back the same charges but presented it to the court as a brand new case and piled on more charges absent of any new activity in the case. As a direct result the Neighbors were once again strong armed arrested in their home, and forced to start over with new court appointed attorneys.
Could it be it is easier for police and prosecutors to get convictions by piling charges on a convenient suspect until they coerce a plea than to solve a case and find the truth?
The Prosecutor has continued her abuse of her power by dumping thousands of pages of useless discovery on the defense attorneys, while withholding and removing exculpatory discovery from the files. Documents in the Neighbors discovery has also been forged and manipulated.
And in an effort to further divert the attorneys time from investigations and trial preparations she has filed numerous meritless motions. Filed superseding indictments absent of any new activity, had the defendants arrested and imprisoned on State Charges. Continued to fish for evidence after the trial dates by serving search warrants on the defendants for DNA and even getting into the defendants password protected internet accounts.
The Prosecutor has forced one Attorney off the case by revealing Secret Grand Jury testimony. And the Prosecutor has repeatedly threatened that the trial would last more than 6 weeks, causing the defense attorneys to fear for their practice and the inablitily to serve their other clients.
IN CONCLUSION:
Fortunately for the Neighbors their current defense attorneys John Duma and Cheryl Pilate have continued to fight for justice and have refused to be intimidated into abandoning their obligations to their clients. For the first time in four years, the case is moving forward, investigators have been hired to interview witnesses, view the discovery, document the evidence, and perhaps even a few motions for suppression and dismissal will be filed soon!
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