FEDERAL JUDGE RULES ON GAG ORDER FOR INTERNET BLOGGING IN YELLOW HOUSE CASE

The Yellow House owners were back in court on Feb. 25th, 2008. A federal Judge heard emotional arguments regarding the AUSA Prosecutor Terra Moreheads motion to have Guy and Carrie Neighbors gagged.

The gag order was directed towards the right of the defendants to publicly blog information regarding their case on the internet.

Tearfully Prosecutor Terra Morehead pleaded with the Judge explaining that because of the Defendants blogs her cases are being investigated 5 years back. If her cases are straight-up then what would she have to worry about?

She was very upset because the defendants had used a public photo of her that originally had been posted on the internet in association with the “Scruffy the Dog Case” in their blogs. The photo was removed from the blog site but still remains available for public access on the internet.

http://pitch.com/photoGallery/?s=news&id=139275&p=1&v=thumb&g=88

Out of respect the defendants agreed that the photo would be removed from the blog site.

The innocent defendants in this case have been served multiple search warrants, have had every aspect of their lives exposed and scrutinized publicly, have been lied about to the media and even had every financial document seized, scrutinized, audited, and held indefinitely going back as far as 5 years also. The defendants have had their lives torn apart by an investigation that has gone on since 2005, an investigation that has ruined their reputation, financial stability and business. An investigation that has led to children that depended on the defendants having their lives ripped apart also.

“On a personal note we feel abused by the system. We felt very offended that the prosecutor would cry for herself in court. What about the foster child that after living with us for two years was unmercifully ripped from our home because of this case?

What about the injustice that our family and the children in our lives have had to endure for nearly three years?”

The Prosecutor also motioned to have a Chief Federal Judge's dismissal of two counts reinstated.
The Federal Judge hearing the case denied the motion for the Gag order and also denied the motion for reversal of the dismissed charges.

Also on a future docket was the motion by the defendants to reverse the recently discovered illegal lis pendens order the U.S. Federal prosecuting attorney Marietta Parker illegally placed on the defendants home and business real property.

It would appear the Prosecutor is very angry and taking things personal in this case.
What is next? Perhaps she will file a fourth vindictive indictment and fourth arrest warrant adding more counts to the original unjust indictment.
Perhaps this will be done in an attempt to cover-up her continued illegal activity and attempts at forfeitures before a conviction in this case.

Do defendants in Federal Court really have a right to be prosecuted by impartial prosecutors?

We will wait and see.

RACIST DISCRIMINATORY FEDERAL INDICTMENT AGAINST BLACK & WHITE COUPLE, BUSINESS OWNERS YELLOW HOUSE CASE

Anatomy of a racist, Federal Indictment. An attempt by the Federal Government, hiding behind the power of the U.S. Kansas Department of Justice to show a black man and his White wife Quote "who is boss"!
footnote:
(when Prosecuting attorney Terra Morehead was asked by Defense attorney James George why the Neighbors were being treated so harsh? Her reply was quote "Because the Neighbors need to be shown who is boss!" end quote. (could this be another way of saying..A black man and his white wife need to be put in their place?)

This false Indictment was fueled by racial profiling, Prosecutorial discriminatory behavior, and flat out racism.

HOW WAS THIS INDICTMENT ACHIEVED?
(PURJURY!)
This False Indictment was obtained after the Prosecuting attorney Marietta Parker presented false, coerced testimony by at least two convicted felons to a Grand Jury. One convicted felon gave perjured testimony to the Grand Jury falsely claiming that he had been trafficking guns and drugs through the Yellow House Business. This convicted felon did not know the defendants first name, yet claims that he and the defendants did over $30k in cash illegal deals.
Absolutely no evidence was obtained by police or prosecutors to substantiate this testimony. In exchange for this outrageous testimony this felon serving A 10 year sentence at the Winfield Correctional Facility was released from prison 8 years early.
Another Convicted Felon gave a ridiculous testimony to Grand Jury that he entered the Yellow House business, a business that is extremely busy, open to the public, and has police, family and children coming and going at any time during the day! He testified upon entering the business he could see little green hairy things behind the counter and hanging out of the defendants purse in plain sight.
These testimonies are an insult to the Courts, and a disgrace to the entire Justice System.



WHAT ARE THE CHARGES?
– One count of conspiracy:
Based on the fact they are husband and wife.

– 14 counts of wire fraud:
These counts are simply based on the fact that the defendants used the internet to sell merchandise. Although the investigation has revealed no victims in the case, and no positive identification of stolen property that would have been knowingly obtained by the defendants. The defendants have never participated in any kind of theft, nor have the defendants knowingly purchased any items from individuals with the knowledge of it being stolen.
The defendants have actively been involved with law enforcement over the years in various ways to help deter crime.
This includes taking personal identification information from sellers, and forwarding that information when needed to law enforcement. Alerting law enforcement about individuals of interest, Photographing individuals selling high end items to the business. Taking lists of stolen property from detectives working cases from several police departments on a weekly basis to help look for items. Taking information from victims to help them look for property that might come in the store. Using a Video surveillance system to provide recordings for future prosecutions.
After an in-depth investigation that spans from 2005-2007, lacking any evidence pointing to the defendants knowingly participating in any thefts or crimes relating to stolen property, the Postal Service decided to withdraw from the case.
Yet the prosecutor included the wire fraud charges in the case anyway.

– 4 counts of money laundering
There is no hidden cash in this case. All the money associated with the business is accounted for. The business was licensed through the Kansas Dept. of Revenue to sell cars with a variance in the license to sell the cars solely on the internet. The money from the sales of merchandise on eBay and other internet sites was reported along with the in store sales. An in-depth audit by the IRS of the businesses sales over a 5 year period shows that the business used an outside accounting agency, and worked closely with IRS agents to maintain high standards of excellence in the reporting of all sales to the Government. After an in-depth investigation that spans from 2005-2007, lacking any evidence that the defendants hid money or evaded paying taxes, the IRS decided to withdraw from the case.
Yet the prosecutor included Money Laundering in the case anyway.

IN CONCLUSION:
The Lawrence Police Department and the Federal Bureau of Investigation worked on the case. Assistant U.S. Attorney Marietta Parker is prosecuting.
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The prosecutor with no Federal Agency to back up the outrageous charges falsely declares the case investigated by the FBI, and continues to bring discriminatory racially motivated prosecution to these defendants.

BELOW SEE THE ENTIRE INDICTMENT AS IT APPEARS ON THE KANSAS DEPARMTENT OF JUSTICE PRESS RELEASE WEB SITE:
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FOR IMMEDIATE RELEASE
News releases are available at www.usdoj.gov/usao/ks/press.html

Contact: Jim Cross
PHONE: 316-269-6481
FAX: 316-269-6420
Tuesday, Sept. 12, 2007

LAWRENCE COUPLE CHARGED
WITH CONSPIRACY, WIRE FRAUD, MAIL FRAUD
AND MONEY LAUNDERING

KANSAS CITY, KAN. – Carrie Marie Neighbors, ??, ??, and Guy Madison Neighbors, ??, ??, are charged with conspiracy to commit wire fraud, mail fraud, and money laundering in connection with the alleged sale of stolen goods.
The indictment alleges the Neighbors knowingly purchased stolen goods and resold them, conducting some of the transactions on E-bay. The crimes are alleged to have occurred at various times from Jan. 5, 2005, to Nov. 30, 2005 in Lawrence, Kan.
The 19-count indictment includes the following charges against each of the Neighbors:
– One count of conspiracy
– 14 counts of wire fraud
– 4 counts of money laundering
According to the indictment:
– Carrie Neighbors owned Yellow House Quality Appliance, Inc., at 1904 Massachusetts Street, Lawrence, Kan., and Guy Neighbors owned Yellow House at 1835 NW Topeka Boulevard, #131, in Topeka, Kan.
– Both stores bought and sold power tools, clothing, appliances, electronics and other personal property. Some of the items were resold over the Internet on e-Bay.
– The Neighbors had bank accounts at Commerce Bank and Intrust Bank in Lawrence.
– The neighbors purchased items, some of which were stolen, for resale. Some of the items were “new-in-the-box” and cost the Neighbors about 50 percent of their retail value.
– The Neighbors knowingly purchased stolen items from individuals identified in the indictment as L.P., N.P., J.L., M.A., P.N., S.B.C, T.K., N.B., and others. Checks paying for the stolen items carried notations including “tools,” “toothbrushes,” “mixer,” “computer monitor,” “drill sharpener,” “vacuum,” “Compaq Computer,” “fish finder,” and so on. Items purchased include a Trutech DVD system, a 2-gigabyte IPOD Nano, a portable DVD Player, a Garmin eTrex GPS Receiver and so on.
– The Neighbors transferred money and checks drawn on their bank accounts to purchase stolen property.
The indictment seeks a $525,000 money judgement, representing the proceeds from the alleged crimes.

Upon conviction, the alleged crimes carry the following penalties:
– Conspiracy: A maximum penalty of 5 years in federal prison and a fine up to $250,000.
– Wire fraud: A maximum penalty of 20 years in federal prison and a fine up to $250,000.
– Money laundering: A maximum penalty of 20 years and a fine up to $500,000.
The Lawrence Police Department and the Federal Bureau of Investigation worked on the case. Assistant U.S. Attorney Marietta Parker is prosecuting.

LAWRENCE KANSAS POLICE OFFICERS EXECUTE ILLEGAL SEARCH WARRANT ON YELLOW HOUSE alleged JUDGE STEPHEN SIX FORGED SIGNATURE?

After fully cooperating with an investigation into the theft of a Champion Air compressor, The Yellow House Quality Appliances Inc. was served a Search warrant on May 8th, 2006.
"Has our business been singled out, or do all second hand stores, and or Pawn shops in Lawrence Kansas get served search warrants when they attempt to cooperate with an investigation into a theft?"

On March 3rd, 2006, Dustin Hadl brought in a Champion 2 HP 7 Gallon air compressor to sell to the Yellow House Quality used Appliances Inc. located at 1904 Massachusetts. He filled out the required "Sellers Form" Which includes Name, address, phone, date of birth, DL number, Item sold, and identification of item, amount sold for, and signature with date stating the item is the seller’s personal property and is not stolen. He was then given a check for $40.00.

Several months later on May 4, of 2006, a customer by the name of Ray Williams came in and informed Carrie Neighbors about an air compressor that was stolen from his garage. He gave Carrie the description of the item, and she agreed to look through her records to see if the item had been sold to the store. She found the sellers form Dustin had filled out and showed it to Mr. Williams. At that point Mr. Williams stated that Dustin was his son- in- law and had indeed stolen the air compressor in question from his garage. Carrie then made Mr. Williams a copy of the sellers form and told him he should go and make a police report about the theft.

The next day on Friday May 5, of 2006, Lawrence Police Officer Jay Rozell came into the Yellow House Store to question Carrie about the air compressor. Carrie gave officer Rozell her statement; she informed him she had already given all the information that she had about the item and seller in question. Officer Rozell then proceeded to ask her about the sale of the item. She informed him a customer had purchased the compressor several months ago, over the counter and paid $50 cash for it. She gave the customer a cash receipt, but the Yellow House does not require customers purchasing small items to give I.D., names, addresses or other personal information to the store.

OFFICER ROZELL LOOKS UP WHILE EXECUTING THE SEARCH




The following Monday May 8, 2006, five Lawrence Police Officers, J. Rozell T. Haak, J. Bialek, A. Heffley, and Sgt. Monroe, along with reporters from both the Journal World, and Channel 6 News, showed up at 3:20 PM, to serve a Search Warrant with Judge Stephen Six's forged signature on it, upon the Yellow House Store. The forged Search warrant was for books, record sheets, receipts, checks/check ledger, eBay documents, and surveillance video and other documentation recording the sale delivery and possession of items being sold or purchased by or through the business. From or involving Dustin Hadle. Officer in charge of the forged Search Warrant was Jay Rozell.

I ask why would anybody believe judge Stephen Six would sign off to serve a search warrant on a business that had willingly been cooperating with an investigation? Why did the police forge judge Six's signature for a search warrant to seize records when clearly the business owners had already provided all documents in their possession associated with the item in question? Why would the Search warrant include the seizure of eBay records, when clearly the item in question was not bought or sold on eBay?.

There is no question that "an act taken in retaliation for the exercise of a constitutionally protected right violates the Constitution." DeWalt v. Carter, 224 F.3d 607, 618 (7th Cir. 2000).

Fabricating evidence against or falsely arresting an individual also violates the color of law statute, taking away the person’s rights of due process subjecting them to unreasonable search and seizure violates the fourth amendment right.

Benjamin Franklin once said, "Those who would give up LIBERTY for a little SECURITY deserve neither."


Regards, Guy and Carrie Neighbors
Yellow House quality Appliance Inc
1904 Massachusetts, Lawrence, Kansas

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