FEDERAL JUSTICE DEPARTMENTS SUPERSEDING INDICTMENT IS A VINDICTIVE CORRUPTION COVER UP IN YELLOW HOUSE CASE LAWRENCE KANSAS

This latest superseding indictment is an obvious attempt by the prosecutor for more cover-ups.

What is most sad is what kind of injustice the witnesses only listed by initials on the Yellow House indictment the Government claims are known to the Grand Jury have had to endure since 2005.

How much intimidation and harassment has been forced upon them to bring them to the point we are at now?

These people who as the indictment indicates are known to the Grand Jury should in reality be listed as victims of the Government.

These individuals who the Government are using as pawns in this case have been harassed at their workplace, intimidated, searched, followed, pulled over without being ticketed, illegally taken into custody to be interrogated about the Yellow House, lied to, had their families thrown to the floor and concussion grenades thrown into their homes by Lawrence Police officers, scared to death then been given plea deals and even released from prison early in exchange for their perjured non credible testimony.

Several customers victimized during the investigation of this business have filed formal complaints, and one customer is in the litigation process of a huge lawsuit against the city of Lawrence Kansas and its Police department for the harassment that was endured because of this corrupt investigation.

The question is where is the evidence of a crime?
Where are the police reports?
Where is the evidence that the owners of the Yellow House business ever participated in any property crimes, thefts, or fencing schemes when hearsay evidence is not admissible in federal court?
Why has not one thief or booster been arrested in connection with the Yellow House business or the investigation that has spanned over nearly three years?
How can the Government continue to put lis pendens and Forfeitures against the defendants property when there are no convictions?

Because someone scared out their wits that has been harassed and intimidated by the police and Government officials over a period of nearly three years are known to the Grand Jury to have sold something to the business because the Government saw their name on a check the business wrote them, does not constitute a Federal crime or a money laundering scheme.

This new superseding indictment, which is now the fourth indictment based upon one original indictment from 2005 with no new incidents of wrong doing is a disgrace to the Justice System.

The indictment calls for a forfeiture of property listed as a substitute asset. This is clearly not admissible in the 10th circuit court. There are no fruits of any crime here because there is no crime that has been proven to have been committed; only hearsay evidence has been presented by people with questionable credibility, and there have been no convictions in this case.

It makes no sense that the Government would charge defendants with no criminal history of being unlawful users with a firearm, and then dismiss the charges.
Then bring back the same charges with added enhancements execute a second arrest without new incidents on the same charges.

Then file yet another indictment of money laundering and mail fraud based on circumstantial evidence, false written statements and perjury. Then 5 months later, file a vindictive superseding indictment on top of the original questionable indictment two days after the defendants file a motion to dismiss an illegal forfeiture allegation on their property.

How many times between 2005 and 2008 can a couple of pissed off Federal prosecutors charge and arrest the same defendants on the same charges in a corrupt vindictive prosecution?

Is this case really being prosecuted by impartial prosecutors?

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.

The Hyde Amendment challenges vexatious, frivolous bad faith prosecutions like the Yellow House Case

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It is illegal for a Federal U.S. Attorney to take on a Frivolous case for prosecution. Because of the power invested to the Government to control every aspect of a persons life during prosecution on a Federal level, it is both unethical and unlawful for cases that lack viable evidence to be prosecuted on a Federal level.


Yellow House secondhand store Investigation and prosecution Vexatious, frivolous and in bad faith.
The Yellow House Secondhand store case clearly displays prosecutorial abuse in the United States Attorney office.
It shows the lack of oversight in the practices of ethics, in the police department, the press and the courts.
The prosecutors in this case clearly failed to screen the facts for sufficient evidence or the nature of the severity of the crime. Clearly this frivolous case has been persued in bad faith by the Prosecution.

At some point the transcripts from the Grand Jury indictment hearing should be made available because the public will be entitiled to know about the level of perjury and unreliable coerced testimony that was presented to the Grand Jury by convicted unreliable felons through misdirected and overzealous prosecutors.

According to the Hyde Amendment, it is no longer possible for U.S. Attorney's to prosecute Frivolous cases without accountability.

The purpose of this amendment is to take time and resources from the Justice department. Hopefully they will think twice about bringing cases for which there is no substantial justification like in the Yellow House case.

If someone is a prosecutor and they are going to wrench somebody out of their business, home, and status in society and put them on trial as a criminal, there ought to be enough in the case that it is substantially justified to prosecute these people at a Federal level.

The Prosecution should not be able to rely solely on unsubstantiated circumstancial evidence, that was coerced through perjured testimony before a Judge and Grand Jury, illegal searches, intimidation, fabricated evidence and violations in the chain of evidence rules.

The opinion of society is they do not want the Government to waste their resources on cases that are not substantially justified, but what about the citizen who has been put through the hoops? What is the remedy, if not this, for someone who has been unjustly, maliciously, improperly, abusively tried by the Government, by faceless bureaucrats who hire a law firm or get a U.S. Attorney looking for an easy mark?