Full docket text for document 211:
MINUTE ENTRY for proceedings held before District Judge Carlos Murguia: Motion Hearing as to Carrie Marie Neighbors held on 8/25/2009 re [209]

Third MOTION for Mental Exam and Hearing filed by USA.

Marietta Parker and Terra Morehead appeared on behalf of the government. Defendant appeared in person and through counsel, John Duma. Defendant advised of her rights.

The government offered Exhibits 2 & 4 - admitted. The government also played audio evidence during the hearing.

The court granted the government's motion. Order for mental evaluation to follow.

The court ordered the time from the date of this hearing through the date of the hearing regarding the results of the mental evaluation to be excludable under 18 U.S.C. 3161(h)(1)(a).

Defendant to remain on bond at this time. (Court Reporter Nancy Wiss.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jw)

USA v. Carrie Neighbors

Case No. 07-20124-01-CM-JPO

Response by Defendant to Governments motion for mental examintation

UNITED STATES’ THIRD
MOTION FOR MENTAL EXAMINATION PURSUANT TO
TITLE 18, UNITED STATES CODE, SECTION 4241
AND FOR A HEARING


To the Honorable Judge Carlos Murguia,

I come before this honorable court today on behalf of myself, in opposition of the Governments motion to have me placed in a mental health facility. Because I believe in Justice, this courts fairness, in myself and my Constitutional right as a defendant in this case to maintain my innocence against the Governments allegations against me.

I would like to assure this court that I am of sound mind, quite capable of understanding the charges against me, and assisting in my own defense.

My attorney John Duma has informed me, that because of my refusal to plead guilty he will not defend me against this motion, therefore I am forced to come before the court in my own defense.

This case has entailed the Governments pursuit against me since 2005, and this has been extremely stressful, however I believe that confinement to a mental facility will only add to the already tremendous amount of stress and pressure the Government has already forced upon me by creating yet another huge disruption in my life, finances, and mental health program I am already on.

I would like to reiterate to the court that I was extensively evaluated by a licensed professional therapist Marilyn Hutchinson, and she has found me to be competent to stand trial.

I have been under the constant supervision on a monthly basis of this courts US Probation officer Melissa Goldsmith since 2007. I have maintained my updated reports to Melissa on a monthly basis, and have complied with meeting with her in person once a month.

I have submitted to monthly random drug testing as ordered by this court since 2007. I have never failed a single test while under the court order, nor have I missed any appointments.

I have complied with all the court orders and restrictions that this court has placed upon my life and business over the past two years.

I have maintained steady housing and continued to run my business full time during the time I have been out on bond.

I have never lost focus of the fact I have very serious charges against me and I understand fully the possible consequences of my choices when I choose to continue to fight for justice, rather than except a plea of guilty.

I am currently voluntarily maintaining my mental health through regularly scheduled appointments at The Bert Nash Mental Health Center in Lawrence Kansas. I am under the care of a licensed mental health professional Dr. Harold Hogan.

I am including with this response to the court, a signed letter from my current mental health physician Dr. Harold Hogan.

I would like to reiterate for the courts, that in order to be put on the current mental health program I am on, I was first put through the extensive Bert Nash intake process. This intake process required several months of mental health evaluations, tests, interviews and appointments.

For the reasons as stated above, and under solemn oath I am requesting that the Governments motion to have me committed to a mental health facility be denied.

elements of the national security establishment; politically driven U.S. Attorneys and high-ranking officials of the Criminal Division of the U.S. Department of Justice; elements of the national media, who committed the equivalent of witting perjury, by transmitting, through television and the print news media, slanders and fabrications, provided by the IRS and the Department of Justice, to mislead the American public and create a climate conducive to a railroad prosecution of an entire political movement

Wildly fabricated "informant" information,

Where the government has induced an individual to break the law and
the defese of entrapment is at issue, the prosecution must prove beyond reasonable doubt that the defendant was disposed to commit the criminal act prior to first being approached by government agents,''

Prior to the first sting cops had no viable evidence that Carrie and Guy Neighbors had ever knowingly purchased stolen property. In fact the reports actually show that the Yellow House owners repeatedly cooperated with officers investigating stolen property. Willingly turned over property, gave a statement and shared the information of the seller. And the Yellow House was often itself not only victimized by the alleged thief but also by officers who failed to follow proper procedures during the investigations.

The Musical instruments sold by Stacy Barnes were not stolen, they were purchased, (perhaps fraudulently) but if so then the facts show she was a smooth scammer who was able to scam the merchants into accepting her stolen credit cards. As well as the victims she sold the merchandise to.

The Government did not even prove the instruments in question were in fact the instruments sold by Yellow House because they did not have serial numbers and the model numbers did not match. And Barnes stole more instruments that were never connected to the Yellow House store.

Nicole Beach told me her items were purchased. That is why I paid a very high price of $600 for the two vacuums. I thought she was going to have to cover the cost at some point for the credit cards. Had I known they were stolen it would have made more sense to try and get them for $25. or $50. I know it sounds stupid now, but I believed her. Perhaps I should be on trial for being Federally stupid.

``In their zeal to enforce the law ... government agents may not
originate a criminal design, implant in an innocent person's mind the
disposition to commit a criminal act, and then induce commission of the
crime so that the government may prosecute,''

The video by Rantz "uncut in its entirety" will show that there was a tremendous amount of pressure. I am naive and easily controlled by people, and the police took advantage of that.
I tried to get out of buying his stuff several times but he would not let me go. I told him I didn't want any trouble in my store, and he assured me there would not be, and that he was from out of town.
When he told me his manager had gotten the stuff, I figured the manager had purchased it at a discount, because you wouldnt think a manager would risk his job to steal. When he said that the manager had nabed it I figured he was just using crappy language and I told him not to say that, because talk like that could get people in trouble. Rantz never said he stole the stuff.
I finally walked away and did not intend to buy the stuff, but he got all pissed off at me and started yelling at me and stomping his feet and waving his hands demanding me to tell him if I was going to buy the stuff or not. (That part was cut out of the video) I was almost to the door before I turned and told him if its not stolen you carry in the box.
There was a lot of conversation cut out of the tape that I saw that had been edited. I was very stupid to allow him to control me and not be more stern with Rantz, I had never had anyone act like that before and I did not handle it well I should not have given in to his pressure. But that doesn't make me a fencer of 1/2 million dollars worth of stuff.

I believe the original video showed entrapment, which is why the Government edited it.

Things taken from the house;
From the Armoire:
My 14K gold necklace, 1/4CT. Diamond in 14k setting in grey velvet box.

Small plastic box with my dead grandfathers jewelry in it: (grandfathers Rings, costume jewelry, his gold cross in black velvet case (not real gold) )

Several small white earring boxes with cheap costume jewelry earrings in them, I think they were purchased on sale at JC Penney.

Some KU Shorts,
and some mixed pieces of womens clothing with KU logos on them.

A blue Jayhawk KU pendant.

UNDER BED:
several shirts and various pieces of mens clothing I picked up at garage sales. They had been under the bed a long time so dont really remember much about the descriptions. I think at least two were size Large KU shirts, and several were mediums.

Under the bed was a plastic container, several things were taken from the container:
a small pill bottle with TOny Reyes name on it. If you look at the date on the bottle you see its Very old had been under there a long time. had 3 or 4 pills in it I think. Dont really remember because they were just garbage anyway. There was also 1/2 a smoked rolled marijuana cigarette that was about 8 months old inside an old orange pill bottle, so it was all brown and gross looking..they took it too.

They took a white portable Airconditioner on wheels that was used to cool the office,

Several pairs of shoes off a metal rack in the office

A used (very nice) Specialized Yellow Bike that had been taken apart and was in a Sunflower box.

some computer accessories, (modem, router etc.)

The custom built Desktop PC from the Office.

Some pairs of kids jeans

11 unloaded guns from a locked safe in the bedroom closet

1 unloaded Hand gun in the Kitchen Cabinet over the refrigerator.

a small leather pouch full of old silver coins in it and one silver certificate $20 bill from the safe

a plastic container with insurance policies, birth certificates, letters and wills in it,

1 wood crate with mixed Amunitition in it from the basement

The Desktop PC from the middle room I used That had my Christian poetry Book I was writing stored on it. (Never got that back) THere is irreplaceable things written for my book in that PC. Along with letters I saved to my desktop from my attorney.

A note pad of my notes including a scratch paper with all my passwords listed on it. I was locked out of my accounts on line because they took my paper with my passwords on it.

A small pocket phone book

a used kodak easyshare camera

All my business papers I needed to do my taxes with.

Lots of Plastic Boxes of all my old business records, old checks, and notebooks including past audit stuff from my accountants going back 5 years or more from the basement.

2 small white Ipod Nano's from my son's room, i dont think one of them even worked.

My sons Desktop computer

Several pairs of jeans, and some other pieces of clothing I had purchased for my foster son with a clothing allowance from SRS.

A remote control Blue Monster Truck from my foster sons room..(A birthday present my sister bought him at Walmart)

A white ipod nano that belonged to a customer, I had brought it home to program it. It was laying on the footstool in the living room, along with an empty paded envelope with a canada address on it.

The undercounter DVD player that Rantz had sold me, I was going to give it to my sister for Christmas. (I think it was under the bed too.)

a plastic baggie with my adderaul medication in it. (little orange balls)

A pile of old bikes that were being stored in the basement for parts.

An older red portable generator from the garage,

digital electronic heavy duty scales we bought at Sams club

a metal patio set in a cardboard box in the garage,

They cut all the labels off the bike old boxes we had gotten from from the Sunflower bike shops trash.


an incomplete set of older Dewalt power tools, and various other assorted tools from the garage and deck that were guys

All the old 1980's golf & soccer shoes that were in the garage in boxes on a pallet

Some toothbrush head replacements that went with our Braun toothbrushes,

and what ever they took from the plant room.

My pink vibrator was taken out of the drawer next to the bed and the cord was yanked out of the bottom. I dont know what was going on when that happened..but I paid $80 for it and I was really pissed off they did that!..but you dont have to bring that up in court...I'll live..!!