Missing evidence creates serious consequences in criminal cases.
When evidence is discovered missing from a Police department evidence locker, protocol would be for a prompt investigation by an outside agency such as the FBI. To avoid the appearance of cover-up and corruption, and to protect the Constitutional rights of the accused, one might expect an investigation would take place to find out the validity of the complaint before a Prosecutor would pursue an indictment in a case connected to the missing evidence, and chain of custody violations.
Yet in August of 2006, After the Yellow House Store owners Guy and Carrie Neighbors were told by Lawrence Kansas Police officer Jay Bialek they could have several expensive laptops back that had been improperly seized during the December 2005 execution of a search warrant. Officers then admitted they could not find the laptops in the evidence locker.
In response to the missing evidence the Neighbors filed numerous complaints to the police departments Internal Affairs Sargent Dan Ward, addressing the missing evidence, search warrant issues and chain of custody violations.
CONSPIRACY:
These Formal complaints to the Lawrence Kansas Police Departments Internal Affairs were forwarded to AUSA Marietta Parker, Federal Prosecutor Terra Morehead then filed a frivolous Federal Indictment against both the Neighbors, accusing them of being "unlawful users with firearms" in a hurried effort to cover-up the complaints and interfere with any possible pending investigations into the missing evidence.. Even though the chain of custody violations, search warrant issues and missing evidence, can destroy the prosecutors chances of a future conviction in the case.
FROM 2005-2009 (PRESENT)
The Federal Prosecutors, and Police officers in this case have continued to conspire and cover-up, for missing evidence, and police corruption, by having the Neighbors repeatedly Indicted, arrested, incarcerated, selectively prosecuted, subjected to warrantless searches, subjected to repeated sting operations, and denied due process of law.
1.2006 Federal Indictment for "Unlawful user with firearms,(Absent of any criminal history,..this case was dropped by the prosecutor, then refiled one month later as a new case, the refiled charges included a strong armed arrest of the Neighbors in their home by the Postal Inspector & IRS Agent, 8 hours of detention shackled in a cold cell without food, a false press release by the Prosecutor stating they were indicted for drug distribution. And an illegal warrantless search of their entire home. The second indictment including the gun charge was dropped the second time by Federal Judge John Lungstrum for speedy trial violations) Manufacturing Marijuana was added to the second Indictment and that charge was left standing. Even though the Police began searching the home at 9am December 3, 2005, but did not get the search warrant signed by Judge Six until 1:30 that day.
2. The Neighbors then filed a Formal Complaint to Internal Affairs Sargent Dan Ward that Lawrence Police officers Micky Rantz and Jay Bialek were posing as FBI agents, to intimidate witnesses and cover-up for the fact no FBI was involved in the Investigation the Federal Prosecutors were conducting against the Neighbors business. The Formal complaint was forwarded to AUSA Marietta Parker who then sent down FBI agent Walter Schaefer from the Kansas City FBI who used the fake name "Bob Shaefer" to stage a fake FBI investigation into the Neighbors complaints and cover-up for the police misconduct. The FBI Agent announced to the media that the Lawrence Police had been cleared and the same day to retaliate the Federal Prosecutor had the Lawrence Police, Postal Inspector and IRS execute two more search warrants on the Neighbors business and home.
3. In 2007 An LJWorld reporter Ron Knox and the Neighbors were all told by the Kansas City FBI, the FBI investigation into the police misconduct complaints by the Neighbors never took place. The Kansas city FBI also stated they had no jurisdiction to do investigations in Lawrence Kansas. The Neighbors were told by the Kansas City FBI to contact the Topeka FBI. The Neighbors met with the Topeka FBI agents Scott Gentine and Denton Murray and gave them copies of the formal complaints connected to the missing evidence and police misconduct. The following week Dave Bryant also filed a complaint with Topeka FBI agent Scott Gentine because his guns that had been stolen during a burglary, and later recovered in a drug bust were also missing from the Lawrence Kansas Police Department evidence locker, and he had found them being offered for sale in the 23rd street Pawn Shop.
4. In an effort to cover-up for the fact the Neighbors had found out about the fake FBI investigation, the following week the Prosecutor Marietta Parker filed a 19 count Federal Indictment against the Neighbors for "money laundering and Ebay fraud". And made the public false written statement the case had been investigated by the FBI.
5. To further the conspiracy, in August of 2008, the Federal Prosecutor Terra Morehead had the Neighbors arrested on Federal charges by the Postal Inspector David Nitz, for "Federal Obstruction of Justice"
(The Federal Obstruction charge was based on the fact the Neighbors requested KU Detective Mike Riner take the Laptop and copy the information about the seller, but allow them to have their attorneys handle turning over the original sellers form on Monday).
This was a State Investigation by the University Police into a laptop stolen by Robert Sample from KU, that had been sold to the business. Even though the business owners had cooperated with the investigation, a search warrant was served on the business during which the police stole the businesses surveillance tape and replaced it with a blank tape. The Neighbors were taken into Federal custody August 8Th, and incarcerated for four days in the Douglas County Jail, Aug. 11th they were transferred by the Postal Inspector David Nitz from the Douglas County Jail to the Kansas DOJ for an initial appearance, from there the Neighbors were transferred to the Leavenworth Maximum Security Federal Detention Center and imprisoned until Aug. 18th. They were released and on the 19th of August Terra Morehead Indicted the Neighbors for Federal "Obstruction of Justice". On March 10th in connection to the same case, Robert Sample plead guilty to misdemeanor theft in State Court.
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