Guy remanded to custody, hearing 6/30/09

Full docket text for document 181:
MINUTE ENTRY for proceedings held before District Judge Carlos Murguia: Status Conference as to Guy M. Neighbors held on 6/16/2009. Marietta Parker and Terra Morehead appeared on behalf of the government. Defendant appeared in person and through counsel, Cheryl Pilate. Counsel for the defendant requested approximately 10 days to schedule the motion hearing for availability of evidence and witnesses. Motion Hearing set for 6/30/2009 at 09:00 AM in Courtroom 463 (CM) before District Judge Carlos Murguia. Defendant remanded to custody.

City cop Bialek and Postal Inspector David Nitz Beat'n the street for Parker

Get free hit counter code here.

Bialek and the Postal Inspector David Nitz ran around handing out subpoenas for the October trial and the August pre-trial practice hearing on the 15th. Mike Coffman got one, Charles Rayton got one and Patrick Stanwyix called me to let me know they were trying to give him one. He is going to go ahead and meet with Dan the investigator this week and give him his statement.

Charles called them the Postal Character and the Midget Cop duo! So funny! Yellow house people have no scrupals!

reinstatement hearing date

Full docket text for document 180:
NOTICE OF HEARING as to Defendant Guy M. Neighbors. Status Conference re [176] Motion for Reinstatement of Pretrial Release set for 6/16/2009 at 04:00 PM in Courtroom 463 (CM) before District Judge Carlos Murguia. The motion hearing previously set for June 18, 2009 at 9:00 a.m. is hereby cancelled. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jw)

http://www.judicialwatch.org/blog/2009/may/jail-criticizing-federal-prosecutors
[9:18:26 AM] Eye in the Sky Neighbors: http://www.borderfirereport.net/news-headlines/jail-for-criticizing-federal-prosecutors.php

[9:18:56 AM] Eye in the Sky Neighbors: http://carrollstandard.com/en/politics/in-other-news/5391-criticizing-federal-prosecutors-go-to-jail.html

[9:19:23 AM] Eye in the Sky Neighbors: just google the term
[9:19:34 AM] Eye in the Sky Neighbors: Criticizing Federal Prosecutors
[9:19:44 AM] carrie neighbors: damn

[9:19:46 AM] Eye in the Sky Neighbors: http://wcitymike.tumblr.com/post/112179437/jail-for-criticizing-federal-prosecutors

[9:20:24 AM] Eye in the Sky Neighbors: http://www.stumbleupon.com/url/www.judicialwatch.org/blog/2009/may/jail-criticizing-federal-prosecutors
[9:20:32 AM] Eye in the Sky Neighbors: people are going bizzerk
[9:21:05 AM] Eye in the Sky Neighbors: http://www.aipnews.com/talk/forums/thread-view.asp?tid=4823&posts=2
[9:22:13 AM] carrie neighbors: I am going to send these over to our people they are great!
[9:22:16 AM] Eye in the Sky Neighbors: http://www.freerepublic.com/focus/news/2257108/posts?page=142
[9:22:41 AM] Eye in the Sky Neighbors: http://rantburg.com/index.php?D=2009-05-23&HC=6
[9:23:00 AM] Eye in the Sky Neighbors: holy shit
[9:23:04 AM] Eye in the Sky Neighbors: He made it in USA today
[9:23:16 AM] carrie neighbors: really?
[9:23:25 AM] Eye in the Sky Neighbors: http://www.usatoday.com/topics/article/Organizations/Government+Bodies/Federal+Bureau+of+Investigation/03GU7nt1eufPq/3

OFFICERS OFFER CONFLICTING TESTIMONY UNDER OATH IN ANSWER TO DEFENSES ALLEGATIONS

Overview:Testimony
In response to the Neighbors allegation that the Police have changed the inventory receipt for same list while it was in the custody of defense attorney Sarah Swain, adding ammunition to the list and changing the number of guns from 12 to 11, and certain items seized at the scene like laptops and a gun did not make it to the police evidence room.

Lawrence Kansas Police officer Micky Rantz testifies under oath that the Lawrence Police leave a broadly worded inventory (without serial numbers or identification) at the scene of a search warrant, and do not officially log or account for items seized at the scene until it is actually logged into the police department evidence room:
------------------------------------------------------------------------------------
Testimony Taken from the court Transcripts:
Page 32-Micky Rantz-Questioned by Government U.S. Attorney Marietta Parker:
(Rantz): When we
leave the list from the search warrant packet it has very
generic detail, as in 11 guns seized or marijuana plants
seized or stolen property -- certain stolen property
seized. Then when we actually have to log all that stuff
in accountability-wise, there's an actual evidence custody
sheet that has a detailed description, serial numbers for
each item that is then logged into the evidence -- into


page 33-
(Parker)Q. Is leaving a broadly worded inventory at the scene
in accordance with Lawrence Police Department practices
and procedures?
(Rantz)A. Yes

(Parker)Q. Were you also in Exhibit 2C accused a thief -- of
theft of evidence from -- regarding some items taken from
the --
(Rantz)A. Yes
(Rantz)A. Continuing on with the same paragraph -- or the same
section following the ten search warrants it goes, "And
receipts for same inventory switched and forged several
times. Chain of custody violations, theft of evidence
from the evidence room, missing laptops."

(Rantz)A. Because we have gone through every single piece of
evidence that's logged in for this case and had
accountability, either it being in our evidence custody
room or showing it's signed back over to the Neighbors.
-------------------------------------------------------------------------
OVERVIEW:
Rantz specifically testifies that the evidence has been gone through and every piece that was logged in had accountability. Either it was in the evidence custody room or it showed it was signed back over to the Neighbors....

Note that there have been no police reports linked to any stolen property associated with this case, and no chain of custody reports turned over to the defense indicating there are any victims of theft having their items returned.

Yet Postal Inspector David Nitz in direct contrast to Rantz's testimony testifies when questioned about missing evidence, that missing evidence was returned to its rightful owners.
---------------------------------------------------------------------------------
See Page 222--

(Nitz) A. No, all the evidence was accounted for either by
being present -- present in the evidence room or had been
returned and the proper documentation with that.
(Parker)Q. When you say it was returned, returned to the
rightful owners?
(Nitz)A. Correct.
(Parker)Q. All right. And in some instances were a few things
returned to the Neighbors?
(Nitz)A. Yes.

(Parker)Q. And all of the items that were returned were
properly documented and accounted for, correct?
(Nitz)A. Yes.

The Prosecutor Marietta Parker has filed the 7th motion in the Neighbors criminal case to revoke the defendants bond. This motion to have this defendant incarcerated is not because the defendant is a danger to society, it is not because he has comitted a crime. It is because he sent out an email with information in the email in a case that is a matter of public record. This email was not a public blog, it was a request to specific agencies that provide Government oversight. Requesting that these Agencies with oversight investigate the actions of the Government, which he believes is repeatedly violating his constitutional rights.

Based on the complaint by the Prosecutor that the Neighbors Public blogging about issues of misconduct in their case was scaring off the witnesses and interferring with the officers abiltiy to do their jobs. Magistrate Judge James O'Hara court ordered the Neighbors not to blog or discuss their case on the internet. How can this court order even be constitutional in a case that has not been sealed by the court?

As a matter of law, all criminal cases not filed under seal are a matter of public record. So why would the Neighbors criminal case need to be a secret? why would the law regarding public records be considered different in the Neighbors case?

Is it not the right of every American to be considered innocent until proven guilty? Is it not the right of every American to request the oversight by Agencies or to request the investigation of Government officials which the person believes has violated the law or their constitutional rights? If there has been no violation by the Government then there would be no problem!

Letter of sincere appology

Ms. Marietta Parker and my attorney Cheryl Pilate

This case has a taken a toll on me, and has caused me to be very angry and frustrated.
I never intended for anything I have done or said to be taken personally. I would like to extend my sincere apology to Marietta Parker.
My intention was never to offend anyone. My only intention was to have oversight of my case from outside agencies. I now realize that is not possible, and accept the fact that my attorney and investigator are working to see that I am treated fairly. I will not ask anymore agencies for oversight of my case and I agree in the future to allow my investigator and attorney to handle the defense of my case.

Please accept my sincere apology.

Guy Neighbors

Conspiracy between Federal Prosecutor Terra Morehead, Police officer Mike McAtee

Following a mis-trial in Federal court, Lawrence Kansas Police officer Mike McAtee traveled across state lines into Florida acting in the capacity of a Federal agent to investigate, and harass family members of Johnnie Williams, Zachary Williams and Terry McIntyre, for Federal Prosecutor Terra D. Morehead. This took place after these three defendants already were forced by Prosecutor Morehead to spend 2 years in segregation (because they refused to accept a plea deal) while incarcerated in Leavenworth. Before finally going to the first trial which ended in a mistrial, second trial was postponed, and a circuit Judge called in, and the original and second sentencing dates have been postponed.

Attached are hand written notarized letters from five family members living In the State of Florida. Lucinda Stallworth Zachary & Johnnie Williams mother, Elizabeth K. Richardson Grandmother of Terry McIntyre, Johnnie Williams and Zachary W., Reina Mejia Zachary Williams girl friend, and Devon Edwards Lucinda's sister.

These family members were interrogated by Lawrence Police Detective Mike McAtee (operating outside of his local jurisdiction), acting in the capacity of a Federal Agent crossing state lines, in a Federal Investigation under the direction of Federal Prosecutor Terra Morehead prosecuting the Federal case involving Johnnie Williams, Terry McIntyre and Zachary Williams.
Questioning the appropriation of funds for travel expenses for a Lawrence Kansas Police officer, conducting a Federal investigation outside of his agencies Jurisdiction and across state lines?

Typically Federal Investigations brought before Federal Prosecutors for prosecution are handled by a Federal Agency.
That is not the case for the Federal Prosecutors Marietta Parker & Terra Morehead in the Kansas Department of Justice.

Protocol would be q police Detective that works for one State, that needs to investigate matters in another State would typically contact the police in that States to handle the investigation and then compare notes. Or when the case crosses state lines the FBI would typically become involved in the case.

In a pattern of conspiracy and cover-up between Federal prosecutors and City police:

1. Federal Prosecutor Terra Morehead sent Lawrence Police officer Mike McAtee across state lines to the State of Florida, to investigate with the Jurisdictions of a Federal agent.

2. Lawrence Kansas Police officers Jay Bialek and Micky Rantz pose as FBI agents while conducting Federal investigations for Marietta Parker and Terra Morehead in the Yellow House case, to cover-up for missing evidence, search warrant & chain of custody violations and the lack of FBI involvement in the case.

3. Kansas City FBI agent Walter Schaefer, poses as FBI agent Bob Shaefer, to conduct fake FBI investigations outside of his agencies jurisdictions to cover-up for Federal Prosecutor Marietta Parker, who is conspiring to cover-up police misconduct.


4. In a case laking merit or probable cause. Federal Prosecutor Terra Morehead has the Yellow House owners Guy and Carrie Neighbors falsely arrested 3 times, repeatedly searched, and incarcerated in Leavenworth Federal prison for 12 days on charges involving a state investigation without merit.

5. Federal Prosecutors Terra Morehead & Marietta Parker in an abuse of power control defense attorneys by forcing public defenders to sign her contract to not allow their clients access to their own discovery, and cause "conflicts of interest" that lead to withdraw or mistrial by showing the defendants attorneys secret Grand Jury information. They also threaten to pull paid defense attorneys banking records, and they threaten them with money laundering charges if they do not comply.

Where is the oversight of Government spending and Constitutional law that would allow Federal Prosecutors in an abuse of power spend millions of tax dollars investigating and prosecuting meritless cases, using defense attorneys and law enforcement as their own personal pawns, operating outside of their agencies jurisdictions and the law, crossing state lines, City officers acting as Federal Investigators, repeatedly violating citizens Constitutional rights without consequence.

saved conversations

[4/10/2009 9:57:07 PM] annette: we got a new judge
[4/10/2009 9:57:32 PM] carrie neighbors: Why did you get a new judge?
[4/10/2009 9:57:48 PM] carrie neighbors: Did the old one have enough of this shit!
[4/10/2009 9:58:24 PM] annette: no the other one had to have emergancy surgery so for this motion we had a new judge
[4/10/2009 9:58:33 PM] annette: he cant rule on the old stuff
[4/10/2009 9:58:55 PM] carrie neighbors: Is the new judge a magistrate or district judge/
[4/10/2009 9:59:09 PM] annette: he is federal judge filling in
[4/10/2009 9:59:32 PM] carrie neighbors: Oh sounds like something going in the undercurrent to me
[4/10/2009 10:00:12 PM] annette: the judge filling is is one that our judge says he trust
[4/10/2009 10:00:19 PM] carrie neighbors: There is a very big investigation going on right now. and the Judges are involved
[4/10/2009 10:00:26 PM] annette: but our judge had to have a aptemdectomy thinghy
[4/10/2009 10:00:49 PM] carrie neighbors: The Judges are wanting to get to the bottom of the corruption.
[4/10/2009 10:01:14 PM] carrie neighbors: Your old judge may not have really had a medical problem. They might have just told you that.
[4/10/2009 10:01:29 PM] carrie neighbors: They never tell the defendant the truth about anything
[4/10/2009 10:01:32 PM] annette: no i called the hospital
[4/10/2009 10:01:47 PM] annette: and i dont think mike would lie to me
[4/10/2009 10:01:52 PM] carrie neighbors: oh
[4/10/2009 10:02:15 PM] annette: he was in the court room when the judge got really sick throwing up and bad stomache pain
[4/10/2009 10:02:33 PM] carrie neighbors: ya they did postpone your court date
[4/10/2009 10:02:42 PM] annette: it was bad
[4/10/2009 10:02:54 PM] annette: mike said that his firm sent flowers
[4/10/2009 10:03:18 PM] carrie neighbors: Does mike ever say when he thinks your case will go somewhere?
[4/10/2009 10:03:51 PM] carrie neighbors: You can have 50 lawsuits but if no one ever has to pay you then ...
[4/10/2009 10:03:54 PM] annette: yeah he feels if this judge goes with all of our new motions then shit is going to hit the fan
[4/10/2009 10:04:39 PM] carrie neighbors: Our people are going to look at the evidence within a couple of weeks. They are really doing some heavy investigations right now
[4/10/2009 10:04:54 PM] annette: thats good
[4/10/2009 10:05:32 PM] carrie neighbors: We had a guy come forward that wanted to tell us about some corruption he experienced and said one of his friends got pulled over and the cops stole his money and drugs and let him go.
[4/10/2009 10:05:47 PM] carrie neighbors: So we told him to call our investigator, that was yesterday at 5pm
[4/10/2009 10:05:59 PM] annette: has he called
[4/10/2009 10:06:10 PM] carrie neighbors: He called around 1 today and let us know the investigator had already met wiith him
[4/10/2009 10:06:18 PM] carrie neighbors: We were really impressed.
[4/10/2009 10:06:22 PM] annette: so what happened about your investigators having me calll cherly
[4/10/2009 10:06:54 PM] carrie neighbors: I think that my attorney got mad, and they had a big meeting and everybody got mad at each other.
[4/10/2009 10:07:03 PM] annette: lol
[4/10/2009 10:07:08 PM] carrie neighbors: and now none of them are talking to us
[4/10/2009 10:07:18 PM] annette: i dont know it just made me really uncomfortable
[4/10/2009 10:07:30 PM] carrie neighbors: We have not talked to any of the investigators since you talked to him
[4/10/2009 10:07:52 PM] carrie neighbors: And i am not so sure that John duma and Cheryl are speaking
[4/10/2009 10:08:30 PM] carrie neighbors: But they are really focused on doing an in depth investigation into the police department.
[4/10/2009 10:08:42 PM] carrie neighbors: and I think they are all working it out to get that done
[4/10/2009 10:09:02 PM] annette: i hope so
[4/10/2009 10:09:23 PM] carrie neighbors: They are also predicting Morehead is going to have serious problems when the investigation gets wrapped up
[4/10/2009 10:09:37 PM] carrie neighbors: But they wont tell us any details
[4/10/2009 10:10:15 PM] annette: i dotn know my invertagartor said he was gonna call john and give him some pointers on what to check into
[4/10/2009 10:10:29 PM] carrie neighbors: That will tie into your new motions for the new lawsuit.
[4/10/2009 10:10:42 PM] carrie neighbors: When did he say that
[4/10/2009 10:10:43 PM] annette: alot of things
[4/10/2009 10:11:07 PM] annette: i cant remeber
[4/10/2009 10:11:09 PM] carrie neighbors: can your investigator talk to us?
[4/10/2009 10:11:15 PM] annette: i think it was on friday or monday of last week
[4/10/2009 10:11:42 PM] annette: no but we found out he can talk some to your investagor and tell him what to look at without telling him what we have found out
[4/10/2009 10:12:35 PM] annette: he couldnt make it to court today because of some big thing going down there in lawrence and kansas city
[4/10/2009 10:12:59 PM] carrie neighbors: have you met him/
[4/10/2009 10:13:17 PM] annette: met who
[4/10/2009 10:13:26 PM] carrie neighbors: your investigato
[4/10/2009 10:13:30 PM] carrie neighbors: investigator
[4/10/2009 10:13:39 PM] annette: we had a big meeting last week
[4/10/2009 10:13:50 PM] annette: me him and mike i got to see a bunch of pics
[4/10/2009 10:14:02 PM] annette: and some things
[4/10/2009 10:14:10 PM] carrie neighbors: pictures of what
[4/10/2009 10:14:28 PM] annette: servalince
[4/10/2009 10:14:53 PM] carrie neighbors: in lawrence?
[4/10/2009 10:15:05 PM] annette: lawrence and kansas city
[4/10/2009 10:15:23 PM] carrie neighbors: did anything impress you
[4/10/2009 10:15:28 PM] annette: oh yeah
[4/10/2009 10:15:34 PM] carrie neighbors: like what
[4/10/2009 10:15:58 PM] annette: parker spending the night at moreheads house
[4/10/2009 10:16:09 PM] annette: but you cant say anything casue i promised
[4/10/2009 10:16:29 PM] annette: i would say anthing in detail about what i seen
[4/10/2009 10:16:33 PM] carrie neighbors: I would never say anything
[4/10/2009 10:16:49 PM] annette: there was a good bye kiss
[4/10/2009 10:17:23 PM] carrie neighbors: on the mouth
[4/10/2009 10:17:52 PM] annette: it was GROSS!!!!!!!
[4/10/2009 10:18:02 PM] carrie neighbors: you are not serious
[4/10/2009 10:18:12 PM] annette: but it was funny
[4/10/2009 10:18:13 PM] annette: yes i am
[4/10/2009 10:18:32 PM] carrie neighbors: were we in any of the pics/
[4/10/2009 10:19:28 PM] annette: not the ones they were showeing me
[4/10/2009 10:19:33 PM] annette: but they have some of the store
[4/10/2009 10:19:58 PM] carrie neighbors: why did they show you?
[4/10/2009 10:20:25 PM] annette: pics of police morehead some judges i dont know
[4/10/2009 10:20:28 PM] annette: parker
[4/10/2009 10:20:31 PM] annette: chief
[4/10/2009 10:20:37 PM] annette: stuff like that
[4/10/2009 10:20:50 PM] annette: outside the evidence office
[4/10/2009 10:21:08 PM] carrie neighbors: what are they doing with them if they cant share them with us to get our case moving faster.
[4/10/2009 10:21:23 PM] annette: they can share them with you
[4/10/2009 10:21:37 PM] annette: well not you but your invest
[4/10/2009 10:21:47 PM] annette: but they have to wait
[4/10/2009 10:22:03 PM] carrie neighbors: what R we waitng for
[4/10/2009 10:22:14 PM] annette: we were deciding which ones to send to chanell for news
[4/10/2009 10:22:32 PM] annette: and 6 and all the other news channels and newspapers
[4/10/2009 10:22:56 PM] carrie neighbors: they are too chicken shit to send that stuff to the news!
[4/10/2009 10:23:18 PM] annette: oh i may be but mike and the investagor arent
[4/10/2009 10:23:20 PM] annette: lol
[4/10/2009 10:23:36 PM] annette: plus we are just waiting to see what the judge says on tuesday
[4/10/2009 10:24:06 PM] carrie neighbors: do you have to go back to court on tues
[4/10/2009 10:24:07 PM] annette: if things dont go our way they are going to be annoymasly sent
[4/10/2009 10:24:23 PM] annette: yep
[4/10/2009 10:24:26 PM] carrie neighbors: can they send them annonomysly to us
[4/10/2009 10:24:32 PM] annette: lol
[4/10/2009 10:24:36 PM] annette: i can see what i can do
[4/10/2009 10:25:35 PM] annette: we have to watch to make sure there are no ties back
[4/10/2009 10:26:15 PM] carrie neighbors: We just say that we got them from an anonomous blogger.
[4/10/2009 10:26:30 PM] carrie neighbors: We protect your people with our life
[4/10/2009 10:26:36 PM] annette: it might just be sent by bloggs
[4/10/2009 10:26:41 PM] carrie neighbors: we have never told them anything you have told us
[4/10/2009 10:27:04 PM] annette: i know i just have to be really careful what i say and do
[4/10/2009 10:27:04 PM] carrie neighbors: your case is very important, we would never do anything to jeapordize that
[4/10/2009 10:27:10 PM] annette: i know
[4/10/2009 10:28:09 PM] carrie neighbors: our case is going to be won, it would be sweet to be able to tie the two investigations together for bigger fireworks, but and faster results,
[4/10/2009 10:28:21 PM] annette: i know
[4/10/2009 10:28:24 PM] carrie neighbors: do you know what was going down in KC?
[4/10/2009 10:28:32 PM] annette: cant say
[4/10/2009 10:28:42 PM] carrie neighbors: can you hint
[4/10/2009 10:28:57 PM] carrie neighbors: I will delete this when we are done talking
[4/10/2009 10:29:23 PM] annette: it has to do with lies and emblesalment
[4/10/2009 10:29:27 PM] annette: that is all i can say
[4/10/2009 10:30:28 PM] carrie neighbors: sounds like another delay that will cause another year or more
[4/10/2009 10:30:36 PM] carrie neighbors: to investigate
[4/10/2009 10:30:43 PM] annette: ummmmm no
[4/10/2009 10:31:02 PM] annette: this has been being investagaed for awhile behind the scenes
[4/10/2009 10:31:11 PM] annette: there is alot of sex scandels to
[4/10/2009 10:31:47 PM] carrie neighbors: We know about the sex scandals, and our investigators are looking into the "sex scandals too"
[4/10/2009 10:32:12 PM] carrie neighbors: There have been NO Federal indictments coming down from Lawrence!
[4/10/2009 10:32:41 PM] annette: the indictements will be coming though dont worry about that
[4/10/2009 10:33:01 PM] carrie neighbors: We had a shooting last week in Lawrence, It was a convicted felon with a firearm, shot 3 people outside a local bar...and its not in federal court! Its in Judge Malones court.
[4/10/2009 10:33:14 PM] carrie neighbors: The bloggers on ljworld are all saying WTF?
[4/10/2009 10:33:25 PM] annette: i bet
[4/10/2009 10:33:27 PM] annette: what bar
[4/10/2009 10:33:59 PM] carrie neighbors: we also had a kidnapping, at gunpoint , 3 guys held a guy for 12 hours, beat him and held a gun on him, got probation in State court.
[4/10/2009 10:34:09 PM] carrie neighbors: no federalies
[4/10/2009 10:34:20 PM] annette: i will let mike know
[4/10/2009 10:34:31 PM] annette: im sure this info is gonna help
[4/10/2009 10:34:44 PM] carrie neighbors: Its all in the LJworld. Just go there and search out the stories in the search box.
[4/10/2009 10:34:54 PM] annette: ok
[4/10/2009 10:35:02 PM] carrie neighbors: Its pretty shocking
[4/10/2009 10:35:31 PM] carrie neighbors: I watch the federal indictment press release page, there have been no indictments from Lawrence in several months
[4/10/2009 10:35:53 PM] carrie neighbors: I figure that the LPD must be in the dog hous
[4/10/2009 10:36:02 PM] annette: yes
[4/10/2009 10:36:38 PM] carrie neighbors: Our attorneys said they are really focused on the Lawrence PD. So I guess they are going to bring them down first
[4/10/2009 10:37:01 PM] annette: they have to cause that is where it starts
[4/10/2009 10:37:04 PM] carrie neighbors: I dont think Parker will be in trouble when this is all over though
[4/10/2009 10:37:21 PM] carrie neighbors: It seems more like Morehead is the one they are after
[4/10/2009 10:37:45 PM] annette: cause it all goes back to moreheads bank account
[4/10/2009 10:38:30 PM] carrie neighbors: That must be what our investigators ment
[4/10/2009 10:39:02 PM] carrie neighbors: when they said moreheads going to have some serious problems
[4/10/2009 10:39:29 PM] annette: yeah all the money trail and paper trail goes back to morehead
[4/10/2009 10:39:36 PM] annette: not much goes to parker
[4/10/2009 10:39:59 PM] carrie neighbors: That totally goes along with what we are hearing
[4/10/2009 10:40:38 PM] carrie neighbors: Guy says morehead wont be willing to take the fall without singing like a stuck bitch against parker
[4/10/2009 10:41:10 PM] annette: yeah but she is going to get it worse caseu all the proof that we have goes to her not parker
[4/10/2009 10:41:23 PM] carrie neighbors: Parker gets other people to put their names on stuff. Just like the lis pendens was signed by Annette Gurney
[4/10/2009 10:41:31 PM] annette: yep
[4/10/2009 10:41:47 PM] carrie neighbors: parker is very slick.
[4/10/2009 10:41:52 PM] annette: but i ink when everyone else startes singing then parker is going down to
[4/10/2009 10:42:32 PM] carrie neighbors: Parker is going to have problems with our case because she is right in the middle of the fake FBI investigation and that was serious
[4/10/2009 10:42:41 PM] carrie neighbors: coverup
[4/10/2009 10:43:05 PM] annette: yeah but she got morehead to start it and cover it up
[4/10/2009 10:43:11 PM] annette: it was moreheads idea
[4/10/2009 10:44:37 PM] carrie neighbors: She puts Moreheads name on everything, but we have copies of emails from Parker to our attorney Sarah Swain that puts Parker right in the middle of the fake FBI investigation.
[4/10/2009 10:44:51 PM] annette: yes
[4/10/2009 10:45:00 PM] carrie neighbors: She was not being smart in the beginning
[4/10/2009 10:45:02 PM] annette: but i cant say anything else
[4/10/2009 10:45:05 PM] carrie neighbors: and we saved everything
[4/10/2009 10:46:18 PM] carrie neighbors: Yea our investigators keep telling us morehead is behind it. But I just dont buy it
[4/10/2009 10:46:28 PM] carrie neighbors: Parker is the head conspirator
[4/10/2009 10:46:42 PM] carrie neighbors: and the boss
[4/10/2009 10:47:03 PM] annette: no she is just the bitch
[4/10/2009 10:47:07 PM] carrie neighbors: lol
[4/10/2009 10:47:16 PM] annette: morehead wears the pants in their relationship
[4/10/2009 10:47:19 PM] carrie neighbors: the bitch needs to go down!
[4/10/2009 10:47:30 PM] annette: lol
[4/10/2009 10:47:45 PM] carrie neighbors: parker is gay! lol
[4/10/2009 10:48:00 PM] annette: duh
[4/10/2009 10:48:12 PM] carrie neighbors: an angle I had never thought of ....i thought she was married!
[4/10/2009 10:48:21 PM] annette: she is
[4/10/2009 10:48:36 PM] annette: her and morehead have been messing around for about 8 yrs now
[4/10/2009 10:48:43 PM] annette: oops i mean 6
[4/10/2009 10:49:11 PM] carrie neighbors: well dont worry you could not even pay me to repeat that!!! lol
[4/10/2009 10:49:27 PM] annette: lol
[4/10/2009 10:49:49 PM] annette: and a certain judge has joined in on some of their late night rondevous

Selective Prosectution and Conspiracy In Kansas Federal Court

The ongoing nearly 5 year long Federal Prosecution of the Yellow House and its owners Guy and Carrie Neighbors is discriminatory, selective, based on favors, and its a Conspiracy cover-up for Misconduct of Government officials! The obvious is the pattern of abuse and selective prosecution between Federal and State charges in various cases from Lawrence Kansas.

In July of 2008, Robert Sample sold the Yellow House store a Dell Laptop. At the time of the sale Mr. Sample filled out the sellers form and signed & dated the bottom of the form stating that the item was not stolen.
It was placed for sale on an Ebay auction with the serial and model number listed in the auction. It turned out that Mr. Sample had stolen the laptop from his employer the University of Kansas.

The Yellow House owners were notified about the theft by KU Detective Mike Riner on August 7th, 2008. The Yellow House agreed to turn over the Laptop to the Detective. The Yellow House business owners agreed to allow KU Detective Riner to copy the information from the sellers form Mr. Samples had filled out, but on Friday Aug. 8th, requested the right to go through their attorneys to physically hand over the document or make any statements to police.

In response to the Neighbors requesting the presence of their attorneys:
Later that day KU Detective Riner returned with Lawrence Officers Jay Bialek, Micky Rantz, Postal Inspector David Nitz, and a number of officers from LKPD and KUPD and served a search warrant on the business (during the search the stores video surveillance video was taken and a blank off brand tape put in its place). Officers stormed into the business front and back grabbed both Guy and Carrie Neighbors put them in handcuffs and placed them under Federal arrest for "Federal Obstruction of Justice".

The Neighbors were taken into custody and held from Aug 8th to Aug 11th in 24 hour lock down at the Douglas county Jail.

On Aug. 11th the Postal Inspector David Nitz picked up the Neighbors and their personal belongings from the Douglas County jail, and transported them in his vehicle without their attorneys present to the Kansas City DOJ 45 min. away, where they were chained and shackled and held in cells. After a brief appearance before Federal Magistrate Judge James O'Hara they were strip searched and transferred to the Leavenworth Maximum security detention center. They were incarcerated for "Obstruction of justice" in the Federal Prison until they were released and the case was terminated for lack of evidence on Aug. 18th, 2008.

http://www2.ljworld.com/news/2008/sep/22/yellow_house_owners_plead_not_guilty_obstruction_c/

During the investigation it was discovered that over a 5 year period Robert Sample had stolen over $31,000.00 worth of property from the University of Kansas. The bulk of the merchandise had been sold to the local Pawn Shops. The local Pawn shops are linked directly to the local police for oversight yet Mr. Samples was never investigated.

On September 17, 2007 it was a documented fact by the Topeka FBI that the local Pawn Shops sell guns and other items missing (stolen) from the Lawrence Kansas Police Department evidence room.

Mr. Sample Plead guilty to misdemeanor theft and 3 felony counts of theft in State Court and was ordered to pay restitution and serve one month in the Douglas county jail. He was not charged in Federal court. The Yellow House owners were arrested and incarcerated in Federal Prison on Federal Charges for "obstruction" in this State misdemeanor case Investigation. The Neighbors case for Federal Obstruction connected to this midemeanor State case is still pending in Federal Court.
see story:

http://www2.ljworld.com/news/2009/apr/01/former-ku-employee-serving-time-theft-campus-build/

James Ludwig, Lewis Parsons, and Stacy Barnes, are individuals that were paid by checks for various items sold to the Yellow House Store, mostly over a 5 year period. They were all charged in Federal Court, even though none of the merchandise sold by these individuals was proven to be stolen, because People selling to the Yellow House not involved with the Pawn Shops are prosecuted in Federal Court!

It was alleged that Lewis Parsons while claiming to be a wholesaler, sold just under $30,000. Worth of merchandise to the Yellow House over a 5-6 year period (The same amount that Mr. Sample sold the Pawn shops). The merchandise sold by Parsons had never been reported stolen, and had no reported victims. Yet Mr. Parsons was charged in Federal Court and was forced to take a plea deal in exchange for Grand Jury testimony and anticipated testimony at trial against the Yellow House owners.

Ludwig who also claimed to be a wholesale dealer and sold merchandise which he accepted checks for from the Yellow House over a 5-6 year period for an estimated total of $100,000. His property was never proven to be stolen, had no listed victims or police reports. Both men plead guilty in Federal Court In April 2008, and now (April 2009) 1 year later are still free waiting to be sentenced.
See story:
http://www2.ljworld.com/news/2008/apr/22/2_plead_guilty_selling_stolen_goods/

Stacy Barnes Catlett, was paid by check for some instruments sold to the Yellow House during the summer of 2005. Stacy allegedly purchased the used instruments with a stolen credit card. Stacy was charged in Federal court 3yrs later after Prosecutors discovered she had been written checks from the Yellow House. Postal Inspector David Nitz was involved in her arrest. July 2008, Stacy plead guilty and was also offered a plea deal in exchange for agreeing to give false testimony against the Yellow House owners that they somehow conspired with her during her crime. She was originally scheduled to be sentenced October 20th, 2008, but her sentencing has been postponed.

She has remained free on bond, violated bond and was listed as an absconder. She then was captured and placed in the Leavenworth halfway house for treatment, where her prison sentence continues to be delayed.

http://www2.ljworld.com/news/2008/jul/23/lawrence_woman_admits_credit_card_scheme_id_theft/

2006-2007,
Twelfth & Haskell Bargain Center, (A second hand store similar to Yellow House that buys and sells.) fined for having 6 stolen cars on their lot with vin numbers removed. The owners were not searched or made public specticals by Government officials. Their punishment was for 6 months they were not allowed to sell parts or have any cars brought on the lot. Nothing was made public, after the 6 months it was business as usual. Then in 2007, they were sighted and fined for EPA violations involving the improper disposal of refrigerants. Nothing made public, no arrests, or information damaging the business released.

March 30, 2009
Three men that kidnapped a man, robbed him, beat him and held him at gunpoint, were charged in State court (not federal) and given probation.
See Story
http://www2.ljworld.com/news/2009/mar/30/three-men-receive-probation-connection-january-kid/

April 1, 2009
A felon with a gun, shoots 3 people outside a Lawrence Bar, is being held in Douglas County Jail, appearing in State Court (Not Federal) before Judge Michael Malone.
See Story:
http://www2.ljworld.com/news/2009/apr/01/lawyer-requests-psychological-evaluation-suspect-t/


IN CONCLUSION:
Federal Prosecutors Terra Morehead and Marietta Parker in a conspiracy and cover-up have spent the past 5 years having The Yellow House owners Guy and Carrie Neighbors repeatedly and selectively targeted, arrested, Indicted, searched, falsely accused, and incarcerated on Frivolous unsubstantiated fabricated Federal Charges in State level cases, without due process of Law or Probable cause for Prosecution.

Thank-you for your reply and your suggestion that we forward any further information to the FBI in Kansas city Missouri. However the Kansas City FBI has a conflict of interest in this case and has informed us they have no jurisdiction over Lawrence affairs involving police misconduct.

This has been a deeply corrupt investigation, with conspiracy that has been ongoing since 2005. Our rights have been continuously violated, we have been retaliated against for filing complaints with frivolous Federal Indictments, false arrests and torture, planted evidence, incarcerations, warrantless searches, false press releases and more. Because of the extreme power the Federal Prosecutors have to control and influence everyone involved in this case, we fear fear for our safety and the safety of our family. We understand you cannot investigate our complaints while the criminal investigation is going on, so we only ask that an outside agency such as yours, watch over this corrupt investigation that is entering into its 5th year to insure our safety from future retaliation until we are acquitted.

The basis of the conspiracy and corruption is directly linked to the missing evidence, chain of custody issues and search warrant violations, compounded by a lack of evidence against the defendants Guy and Carrie Neighbors.

When the local City prosecutor Charles Branson refused to prosecute the corrupt case, it was forwarded to Federal Prosecutor AUSA Marietta Parker by Police Chief Ron Olin. The Federal Prosecutor immediately began to threaten the Neighbors paid attorneys with pulling their banking records and money laundering.

Lawrence Kansas Police patrol officers Jay Bialek and Micky Rantz are the lead investigators in the ongoing Federal Investigation against the Yellow House store owners Guy and Carrie Neighbors. To cover-up for the fact they are not federal investigators the two officers were approaching witnesses in the investigation and identifying themselves as FBI agents. This is supported by signed statements and affidavits by witnesses.

The Neighbors attorney Sarah Swain filed a formal complaint with LKPD internal affairs Sgt. Dan Ward, stating that Patrol officers Jay Bialek and Micky Rantz were posing as FBI agents. Sgt. Ward forwarded the complaint to AUSA Marietta Parker. Marietta Parker sent down a Kansas City FBI agent who identified himself as FBI Special Agent Bob Shaefer.
Agent Shaefer conducted a 5 day fake FBI investigation, made a public announcement to the Media through the Kansas City FBI spokesperson Jeff Lanza that the Lawrence Kansas Police officers had been cleared. The same day AUSA Marietta Parker orchestrated two more searches on the Neighbors business and home, lead by Police officers Jay Bialek, Micky Rantz, Postal Inspector David Nitz and IRS Agent Rob Jackson.

In 2007 An LJWorld reporter Ron Knox the Neighbors, along with others were all told by the Kansas City FBI, the FBI investigation by Agent Bob Shaefer into the Lawrence police misconduct complaints by the Neighbors never took place, and there was no file for the investigation. The Kansas City FBI also claimed at the time that there was no FBI agent Bob Shaefer.

Bob Shaefer later testified during a hearing in Federal Court before Magistrate Judge James P O'Hara, that his actual name is "Walter Robert Schaefer" and that his jurisdiction for investigations is the Western District of Missouri. Investigations & testimony done within his Jurisdiction are conducted under his actual name FBI Agent Walter Schaefer.

The Kansas city FBI also stated, not only had they not done an investigation, they had no jurisdiction to do investigations in Lawrence Kansas. The Neighbors were told by the Kansas City FBI not to contact them again, and that the Topeka FBI had jurisdiction over Lawrence Kansas and they should contact them for future reference.

The Neighbors then 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 room, and he had found them being offered for sale in the 23rd street Pawn Shop.

AGENTS SEEN AT THE WICHITA DOJ

At 10:30 March 24Th, 2008, Guy and Carrie were in Judge Murguia's Court in the Kansas City DOJ. Addressed during the hearing were the conflict of interest issues between Guys attorney Dione Sheriff and Carries attorney Phil Gibson. Marietta Parker and Terra Morehead were not present during the hearing. Scott Rask was the Prosecutor that attended that hearing.

Backing up the confidential informants information, during an arraignment hearing before Judge Murguia on Wednesday the week before, Marietta Parker had stated in court she had some business in Wichita and would not be attending the March 24th hearing.

The Wichita office of the DOJ is the office that filed the Illegal Lis Pendens against the Neighbors Property. It was filed by AUSA Annette Gurney.

On March 26Th, 2008, the Neighbors were told "confidentially" that Agents were seen in the Wichita Department of Justice. Something was going on at the DOJ. An Agent was standing guard at the front door and only employees with Identification were being allowed in. Parker was seen several times stepping outside the building to smoke cigarettes that day. It appeared that she was being accompanied by perhaps a female agent. Parker and the Female agent appeared to have arrived at the DOJ together in what appeared to be a Government car. It also appeared that a number of Agents were seen carrying out boxes on dollies of what appeared to be some kind of files.
On March 27th, two people that appeared to be employees of the Wichita DOJ were seen leaving the building in an official capacity with several agents in an official car, perhaps taken to another location for questioning? One of the people leaving with the Agents matched the description of Annette Gurney, however that was not confirmed.

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.

Freindship Conspiracy on Facebook

WTF???

What is a defendant to think?

Why would an attorney of a former client who is no longer on a case, and was forced to withdraw from the case because of a conflict of interest send a "friend request" for Face Book to that former client while the clients criminal case is still pending in Federal Court?

How much money would the Federal Prosecutor offer a former attorney to try and get into the facebooks of the defendants and their current attorney to find out......?



Everything in this case points to conspiracy, or is there some other explaination?
----------------------------------------------------------------------------
From: Facebook
To: Carrie Jackson Neighbors
Subject: Phil Gibson added you as a friend on Facebook...
Date: Sun, 15 Mar 2009 14:57:01 -0700



Phil added you as a friend on Facebook. We need to confirm that you know Phil in order for you to be friends on Facebook.

To confirm this friend request, follow the link below:
http://www.facebook.com/n/?reqs.php&mid=2776dbG240183dfG1565a5dG2

Thanks,
The Facebook Team

Dan Talked to Annette. It was a disaster 3-20-2009

John,
We convinced Annette Miller to talk to Dan about the harassment she received
from the LPD, The only reason Annette agreed to talk to Dan was because Dan
worked for you and for some reason they trust you and not so much Cheryl.
During the conversation she had with Dan Dan suggested that Annette have her
attorney contact Cheryl. Annette was freaked out because she knew Dan worked
for you and she could not understand why Dan would ask her to have her
people contact Cheryl. Now as you can see from Annette's email she sent to
me she is having seconds thoughts about talking to Dan again.
We thought it would be great to have a statement from Annette about what the
cops have done to her.
Annette's said her case was sealed because the police had been harassing her
and after she moved to Colorado, they slashed her tires, they called DPS
twice a month to tell them that she was abusing her kids, that she was doing
drugs, buying crack, has unsafe enviorment for her kids,ect...
Anette filed a formal complaint with the LPD and that should be some proof
of the beginning of her journey.

Annette talked to Dan on Fri. night and it was late so they chatted for a
little while and Dan was going to return a call to her on sat. but did not.
Annette called me to tell me she was freaked out that Dan wanted her to call
Cheryl and not you so I sent Dan a email informing him that Annette did not
trust Cheryl and I do not trust her much either (because of certain things
not important for this letter). I wanted Dan to know how Annette felt so he
would not chase her off.

Annette sent me a email stating she will not speak to anyone now until we
figure out why Dan would want her to have her people call Cheryl instead of
you.
I also wanted dan to be aware Annette Can NOT discuss her civil case.
Below is the email Annette sent me about the conversation she had with Dan,
and below that is the email I sent to Dan after Dan and Annette had there
chat.
Also in my email is some information about events going on in CCA, just
wanted you to be aware
Thanks
Hope your having a good day
Guy.
kissme_please@yahoo.com is annette's email address

---------- Forwarded message ----------
From: annette basurto
Date: Mar 21, 2009 5:08pm
Subject: Re: Talking to Annette & informtion about whats going on in CCA
To: Guy Neighbors


>
> I talked to dan and he asked me about the police harrassing me about the
car. he also asked me for names of the officers that came into the kwik
shop when i worked there. then he told me it would be a good idea if i
would have my attorney contact cheryl. this bothered me being i was under
the impression that he worked for jon and not cheryl. i would appreciate if
you would find out for me what is going on before i talk to anyone again
about anything thanks
> --- On Sat, 3/21/09, Guy Neighbors guyn50@gmail.com> wrote:
>
>
>
> From: Guy Neighbors guyn50@gmail.com>
> Subject: Talking to Annette & informtion about whats going on in CCA
> To: powrsleuth@aol.com, kisme_please@yahoo.com
> Date: Saturday, March 21, 2009, 2:35 AM
>
>
>
>
>
> Hi, Dan
>
>
> Hey Annette said she called you and chatted for a little while.
>
>
> I was puzzled that you suggested she have her attorney talk with Cheryl
when your the investigator for John.
>
>
> I'm just going to let you know how we feel and we just do not trust Cheryl
much at this point, the only reason Annette agreed to talk with you was
because you work for John Duma.
>
>
> Annette had been through the ringer with this shit she's been through and
you would not believe the crap that has happened in the government effort to
discredit her and to jam up her attorneys so the city will not have to pay
her. I know Cheryl told you guys that Annette's crazy just like the
government was saying about me. We do not want to take any chances on having
Annette's attorney getting in any kind of trouble, the judge has gaged them
anyway from discussing the case. All we need from Annette is to discuss the
harassment she received from the LPD, you know Annette filed a formal
complaint with the police dept. and that should show a starting point for
her journey. Annette is NOT willing to discuss her civil action only what
the police done to her, she will not talk to Cheryl only you because they
like John and we trust you, if you pressure her to talk to Cheryl she will
not feel safe talking to you.
>
>
> I don't think talking to her i should be such a big deal because i know
you have chatted with a bunch of people who said the police are full of
shit, I would be willing to bet that you have not found one single person
who had anything bad to say about the yellow house.
>
>
>
>
>
> Hey and a different note I was contacted today by a guy who said he was
waiting for something to arrive in the mail from a guy in CCA, he said that
his friend told him to get it to me and he said something about
Moorehead made this guy lie in court for her and then she screw him and
refused to follow up on her part of the deal she made with him. I do not
know what it is coming but I cant wait to get it. The word is there are 3
black guy's in CCA the guards have been fucking with that know me and now
the guards have been leaving them alone " I think they are talking about the
Williams brothers and McIntyre" anyway the word is there sentencing hearing
got postponed and the inmates think that my blog site may have had something
to do with there case getting put on ice, can you imagine that? The word is
also Moorehead had been running around trying to cover her ass and trying to
clean up her dirty tracks she has left
>
> behind. I told him to tell his friend we have real investigator looking at
our case and other dirty shit going on and they would love to talk to
people at CCA that have been case jumping for Moorehead, I told this guy
that all I need is a name and a prison ID number and my people would love to
talk to them about Mooreheads crap.
>
>
>
>
>
> Also someone has been spreading the word in CCA that I'm mentally ill,
how funny s that.
>
>
> No one understands what I have been doing, everybody keeps telling me I do
not have a chance of fighting the federal government because they got too
much money and they play dirty and to those people I just say my goal is not
to win but to make them submit, yep give up toss in the towel and that's why
I have been such a pain in the ass. The only problem is I may need to be
placed in the witness protection program when the case is done because of
all of the people who will be looking at issues for screwing up up, lol

John,

I just wanted to let you know that Annette talked to her attorney today. She said he was pretty mad about Dan suggesting she have her attorney contact Cheryl. (I am not going to repeat what she said he said about that...:(. He told her that for him to be contacting anybody involved in our case to discuss her case, without her present would be an ethical violation.

I am confused as to why my investigator working for my attorney, talking to my witnesses, would even suggest or recommend that the witnesses contact someone else's attorney. Cheryl is not working my case you are. I have to fully trust you, and fully trust that you are 100% involved and informed while making the decisions you must make. This makes me wonder if other witnesses have been steered away from my attorney. Its a trust issue.

I am the one most at jeopardy in this case. Because I am the one everyone is getting the deal to lie about!
And I am the one that ran the Lawrence store and wrote all the checks to pay people for their items that were brought into the store. Guy was always in Topeka. He never even met any of the people they are using against me. I kept the checks from his Topeka store account in the Lawrence store and bought most of the stuff he was selling in the Topeka store at the Lawrence store.

It was very difficult for Annette to make the decision to come forward, because of the corruption and abuse that she has gone through. She has been very scared. Mike did not trust Cheryl, but for some reason felt he could trust you and Dan to talk to his client. He felt it would be okay to let his guard down just a little and let her come down to give a statement. But he didn't want anybody to know they were coming. She said Mike didn't want us to tell anybody, including Dan or our attorneys. We agreed. You can imagine the "shock" when his Law firm was served the papers on Friday by the Prosecutor letting him know they knew he was coming.

He and Annette were just outside of Topeka about 3:30 when his Law firm called him and said that the firm had just been served by the Prosecutor in Kansas threatening ethics violations against Mike for crossing State lines representing a client.


John,
As far as Cheryl goes. I am just glad she is not representing me. She never answers Guys emails, she refuses to address or answer his concerns, she wont take his phone calls. She refused to give him a copy of his evaluation that Marilynn did, (he has not even seen it) she has not provided him with anything from the courts, you sent me a letter letting me know when our hearing was canceled. Cheryl did not notify Guy at all. After repeated phone calls and emails to her office, instead of returning Guys call personally she had her legal aid person call Guy and inform him that she would not be providing him a copy of his evaluation, because she does things differently than John Duma does.
When Phil Gibson sent the request to be Friends on Facebook, Guy sent Cheryl an email letting her know that he wanted her to tell Phil to leave him alone. She actually answered that email and defended Phil. She said that Phil had sent a request to her too. Personally I see that as even more inappropriate. Why would Phil want to get into all the facebooks of everyone involved in our case? If I was an attorney I would not think it appropriate to request to get into former clients and their current attorneys facebooks, while they are still under indictment. (Facebook is networking among friends, so if you can get into one persons facebook with mutual friends you can see whats being discussed.)


But maybe I just expect too much out of people. Then again they sure don't mind expecting a lot out of me!

March 10th Robert Sample arrested on misdemeanor theft. Serving jail time from March 10-April 8

-------------------------

Interesting, it seems as if his cooperation with the government didn't do him as much good as he thought.
John.

It appears that very sophisticated techno hackers have managed to hack into the Yellow House stores phone system through Sunflower cable!

What-ever high tech program that is being used is making the Yellow House phone signals so strong that scanners, police radio's and phones in nearby business's are picking up the Yellow House calls.

But it still gets even weirder yet, When someone uses the phone located in the back of the store, conversations at the front desk can be heard through the earpiece, even if the phone at the front desk is hung-up!

There are also strange bubbly noises coming through the line whenever call waiting comes through.

Has anybody else noticed these strange mysterious occurrences in their phones? Perhaps aliens are involved. Or perhaps a highly sophisticated competitor of second hand goods is trying to steal the Yellow House business secrets!

Our phones are bugged.
The transmission of the bug is so strong our neighbors at the liquor store are picking up our telephone calls through their phones. When ever the phone gets a second call from call waiting the phone makes a bubbly noise and for about 3-4 seconds the conversation is cut off. Third we have two cordless phones in the store. One in back and one in front. Several times now while the phone in the front is hung up on the cradle and nothing is even turned on or being used up front, someone has picked up the back room phone and while using it suddenly can hear me talking to customers and rattling papers at the front desk...(that is really freaky!)

This has been going on since August 19th. That day we lost our service for about 1 hour. I called Sunflower and I could tell they knew something was going on because when I told him I was from Yellow House he raised his voice and started to talk nervously.

Why is the proffer report not in the discovery.. My answer is this. The Proffer report was in the discovery when my attorney Phil Gibson had it. But as you know the prosecutor has always controlled my attorneys. Phil gave it back to the Prosecutor to have it changed and he did not get it back. Here is my detailed explaination.

My first two attorneys were threatened with money laundering charges. Bruce Kipps my third attorney told me he was forced by Terra Morehead to sign a contract that made him agree that he could not show me any of the discovery. He was very angry about the contract and told me he did not agree with it. He also said it made defending me very difficult.

But then he said that there was nothing in the contract that prevented me from looking over his shoulder at the discovery when he was looking the other way. "Looking over his shoulder" I saw most of the discovery he had. Including the receipt for same list in his discovery which was written in Micky Rantz hand writing. Bruce was shocked when I showed him my receipt for same list. The first thing he said was "its not even in the same hand writing!". The list has since been changed out by the prosecutor and now all the lists including the one Duma has is in Bialeks handwriting.

Phil Gibson my attorney I had before Duma, did not like Morehead, but told me he totally trusted Parker. He said he and Parker went back a long way. They had worked together in the Western District of Missouri, and he believed she was very honest and trustworthy enough to babysit his grand kids...(That is an exact quote)

He was having a hard time with our case because he was obviously trying to protect Parker. When I discovered the illegal lis Pendens Parker had placed against our property, I asked him to file a motion immediately. He filed a motion and Judge Murguia scheduled us a court date the following week, but Gibson canceled it. After that Gibson stalled repeatedly until Parker had time to file the superseding indictment, with the sole purpose of mooting our lis pendens to keep the issue out of court. Because of the conspiracy with Parker I filed a marsden motion and took it before Judge Murguia, explaining to the Judge that Gibson had a conflict of interest protecting both me and the prosecutor, and therefore I did not feel I could trust him. And the Judge dismissed Gibson as my attorney and hired Duma.

Phil Gibson had my Proffer report in his discovery. Phil was aware my discovery had been tampered with by the prosecutor and even pointed out that Alex McCaulley was only on the case to get information for the prosecutor and to file the motion to stop the speedy trial time before he withdrew. He told me that he would not give the prosecutor my discovery and that when the judge assigned a new attorney to my case that he would hand deliver the discovery to my new attorney....so how could the proffer report be missing now???

THE ANSWER:
I believe that after Phil Gibson questioned me about the proffer report he "freaked out." He told me according to the report he was under the impression Marietta Parker was present during the proffer. I told him absolutely not. I also told him about the recording I played, and he was shocked that there was no mention of that in the report either. I believe Phil gave the report back to Marietta so she could change it, because there were too many discrepancies. But he was taken off the case before he got it back from her, so now its missing from the discovery.

Full docket text for document 158:
MINUTE ENTRY for proceedings held before District Judge Carlos Murguia: Status Conference as to Guy S. Neighbors, Carrie Neighbors held on 2/18/2009. Terra Morehead and Marietta Parker appeared on behalf of the government. Defendant Guy Neighbors appeared in person and through counsel, Melanie Morgan and Cheryl Pilate. Defendant Carrie Neighbors appeared in person and through counsel, John Duma. Without objection from the parties, the additional time excluded would serve the ends of justice and would outweigh the best interests of the public and the defendant's right to a speedy trial under 18 U.S.C. section 3161(h). The court orders that the time period from January 27, 2009 through October 5, 2009 (and later depending on the other cases and their trial settings to be further determined at the next court appearance) shall be excluded under speedy trial calculations. Motions due by 7/27/2009. Response deadline 8/10/2009. Motion Hearing set for 8/18/2009 at 09:30 AM in Courtroom 463 (CM) before District Judge Carlos Murguia. Jury Trial set for 10/5/2009 at 09:30 AM in Courtroom 463 (CM) before District Judge Carlos Murguia. Hearing exhibit to be filed under seal separately. Defendants to remain on bond. (Court Reporter Nancy Wiss.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jw)

During 2008 while Phil Gibson was still defending me, we attended a case hearing at the DOJ. Officer Bialek & Rantz attended the hearing. After the hearing, investigators followed Bialek back to Lawrence.

That afternoon my friend Jennifer told me while she was at work that day she had stepped outside for a smoke. She noticed a girl standing in the parking lot across the way that she recognized as a "skanky stripper" from the Outhouse strip club. A few minutes later she saw a police car pull up to the girl driven by Officer Bialek. The police car stopped and the stripper leaned into the window talking to the officer.

Later another person told us the investigator had followed Bialek that night to a local motel in his cruiser while on duty. He met a girl with a similar description that my friend had seen him earlier that day with. The two went into a room in the motel for about 20 minutes or so. When officer Bialek came out of the motel he noticed the investigator who was video taping him with a pair of digital binoculars. He approached the car and threatened the investigator with an arrest for stalking. All of which was recorded.

The next day the investigator met with US Attorney Marietta Parker in her office. Parker assumed that the investigator was a law enforcement officer involved in the Yellow House case. The meeting had proceeded for appx. 45 minutes when Parkers phone rang. She answered it; and it was Bialek. She put Bialek on speaker phone and proceeded to talk to him. Bialek told Parker that someone had been following him. She informed Bialek that an officer was in her office now meeting with her. He asked her to describe the officer and at that point she turned off the speaker. She finished the call and called security to have the investigator removed from her office.

During the meeting Parker admitted to the investigator that she had taken the Yellow House case even though it was very weak, because she owed someone a favor. She also admitted there was nothing except circumstantial evidence against the Neighbors. When he questioned her about charging people in Federal court on just circumstantial evidence she stated "we are working on that." When he was being escorted out of her office she told the investigator that the conversation was nothing but hearsay. He then let her know the conversation had been recorded.

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!

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."

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!

PROSECUTORIAL MISCONDUCT-GRAND JURY VIOLATION

Are the actions of the Prosecutors in USA v. Neighbors amounting to conduct which can defeat the administration of justice or bring the courts and/or the legal profession into disrepute?

BACKGROUND OF FACTS:

On October 24,2007, A letter was written to defendant Guy Neighbors by Dionne Scherff attorney for Guy Neighbors in United States V. Guy Neighbors case No. 07-20124.

Grand Jury Rule 6(e) functions to protect both the integrity of the investigative process and a defendant’s constitutional right to a fair trial. Because leaking by a prosecutor of a witnesses testimony before a grand Jury may constitute a felony under Title 18, punishable by up to five years in prison and a $250,000 fine.

In the letter dated October 24, 2007 Ms. Sherff explains she has a conflict of interest and will not be proceeding as counsel on the case. The letter explains to Mr. Neighbors that a witness by the name of Patrick Nieder had testified adversely against him in a Grand Jury hearing. (In reality Mr. Neighbors has never even personally met Mr. Nieder.)

The letter goes on to explain that Ms. Sherff had traveled to the U.S. Attorney's office in order to review the Grand Jury testimony of Patrick Nieder. Ms Sherff then explains she discussed the conflict with the Government US Assistant Attorney Terra Morehead. And Morehead stated the she did not expect Mr. Nieder to be a witness in Case no. 07-20073.

In direct contrast to Ms. Moreheads statement, and rendering her credibility in the case questionable, during an evidence hearing in USA v. Guy Neighbors case no. 07-20073 before the Honorable Chief Judge John Lungstrum on November 5, 2007, Postal Inspector David Nitz; under the direction of AUSA Attorney Terra Morehead read the adverse testimony by Patrick Nieder, falsely claiming he had sold $30,000.00 in drugs and guns to the Yellow House Store and that Mr. Neighbors had met with him to buy the guns.


The disclosure of this witnesses false testimony before the Grand Jury was used to gain a tactical advantage over the defense, in order to force the defense attorney to have to withdraw from the case, create a conflict, and even possibly set the stage for a future mis-trial.


Any time a prosecutor purposely manipulates the Grand Jury's veil of secrecy rule by leaking evidence to gain a tactical advantage, for self-enrichment, to cause embarrassment, or out of shear malice, then she has willfully misused grand jury information in a manner no court or jury should excuse.

Because grand jury information is government property, its intentionally unauthorized use by a prosecutor abusing her power is a violation of 18 U.S.C. § 641 which criminalizes the theft of any thing of value. United States grand jury transcripts constitute property covered by §641. More important, the intangible information presented to the grand jury reflected in those transcripts also constitute “any thing of value” under § 641.9.

As a direct result of the United States Assistant Attorney's disclosure of this Grand Jury Testimony, on the 29Th day of October 2007, Dionne Sherff was forced to file a motion to withdraw as Guy Neighbors defense attorney of record. According to the motion Assistant United States Attorney Marietta Parker had no objection to the motion.
Guy Neighbors was also forced to be a defendant in the evidence hearing in Judge Lungstrums court on November 5, 2007, while being represented by a defense attorney with a conflict of interest, who had already filed a motion to withdraw from the case.

In Furtherance of the misconduct, it appears all the discovery involving Patrick Nieder was removed from the Nieghbors file prior to the current defense attorneys being appointed to the case!

CONCLUSION:
Considering the fact that Federal Prosecutors wield an awesome power to investigate federal crimes with the aid of grand jury subpoenas, deals in exchange for testimony and many other tools of power at their fingertips, they must exercise their discretion in a sound, trustworthy and judicious manner.

When a prosecutor intentionally leaks protected Grand Jury testimony she engages in a form of prosecutorial misconduct that not only may compromise a defendant’s right to a fair trial, but may also penalize the interests of the United States in a successful prosecution.

Get free hit counter code here.

VINDICTIVE PROSECUTION, PROSECUTORIAL MISCONDUCT, FEDERAL MOTION TO DISMISS PRO-SE

Guy Neighbors and Carrie Neighbors, pro-se hereby moves the Honorable Court to Dismiss the above captioned matter for prosecutorial misconduct, to-wit, Vindictive prosecution and as grounds therefore states for the record:
Petitioners believes and therefore asserts that the above titled case has been brought before the
Honorable Court by FRAUD in a mis-construction of statutes, by perjured testimony, by deprivations of constitutionally secured due process, conspiracy and by the commencement of a
vindictive prosecution by a prosecutor.

Contained herein is only the facts and the case law surrounding vindictive prosecution.

The defense cannot, in good faith proceed by waiving any constitutionally secured rights and the Honorable court cannot rule on issues that are not properly before it. The Prosecution has deliberately failed to rise to minimal standards of professional performance and has knowingly and intentionally impeded and obstructed justice in order to gain an unfair advantage in the Prosecution of defendants Guy and Carrie Neighbors USA v. Neighbors 07-20124-01-02 KHV/DJW. The petitioner has been repeatedly intentionally and selectively singled out for prosecution on matters that the STATE has shown no compelling interest in, and no probable cause for action.

A bad faith prosecution is generally defined as having been brought without a reasonable expectation of obtaining a valid conviction; however, bad faith and harassing prosecutions also encompass those prosecutions that are intended to retaliate for or discourage the exercise of constitutional rights. PHE, Inc. v. U.S. Dept. of Justice, 743 F.Supp. 15.

It is exceedingly clear that the Government is presently engaged in an on-going and continuing malicious, vindictive and retaliatory prosecution of the petitioner in order to unlawfully gain an advantage in a sealed civil action of a third party that has resulted from the abuse of authority by officials and civil rights violations of a witness connected to this investigation.



----------------------------------------------
1. Vindictive prosecution” occurs when government penalizes a person merely because he has exercised a
protected statutory or constitutional right. U.S. v. Paguio, 114 F.3d 928, appeal after remand 168 F.3d 503.
2. In determining whether an indictment posed a reasonable likelihood of vindictiveness, the question was
whether the situation presented a reasonable likelihood of danger that the state might be retaliating against the accused for lawfully exercising a right, not whether there was a possibility that the defendant might be deterred from exercising a legal right. U.S. v. Esposito, 968 F.2d 300.
3. To establish vindictive prosecution, defendant must show that prosecutor has some persona “stake” in
deterring defendant” exercise of his constitutional rights, and that prosecutor’s conduct was unreasonable. U.S. v. Wells, 211 F.3d 988, 2000 Fed.App. 161P.
4. Prosecutor’s charging decision does not impose improper “penalty” on defendant unless it results from
defendant’s exercise of protected legal right, as opposed to prosecutor’s normal assessment of social interests to be vindicated by prosecution. U.S. v. Taylor, 749 F.2d 1511.



The defendants believes, and therefore alleges, that AUSA Marietta Parker, has suborned various witnesses through harassment, the bribery of deals and offering payment up to $80, to commit perjury pursuant to 18 U.S.C. §§ 1621 & 1622 before a Federal Grand Jury. Person’s known and unknown to the defendants; including but not limited to wit: testimony by Patrick Nieder Who stated under oath the defendant had trafficked $30,000 in Guns drugs for him, but did not know the defendant’s first name. And James P. Ludwig, who falsely testified that the defendants busy store Yellow House Appliances, while open to the public, openly displayed packaged drugs in the form of “green hairy balls” in full view behind the counter. Statement of facts given through the testimony of Postal Inspector David Nitz under oath during an evidentiary hearing 11-05-2007 before the Honorable Judge Lungstrum.


FATALLY FLAWED INDICTMENT
An indictment returned by a legally constituted grand jury may not
be challenged on the ground of inadequate or incompetent evidence,
Costello v. United States, 350 U.S. 359, 363 (1956), and may not be
dismissed for errors in the grand jury proceedings* which do not prej-
udice the defendant. Bank of Nova Scotia v. United States, 487 U.S.
250, 257 (1988). However, an indictment may be challenged on the
grounds of constitutional error and prosecutorial misconduct. United
States v. Mills, 995 F.2d 480, 486 (4th Cir. 1993).

Perjured testimony and suppressed evidence constitute due process violations. The rights of the accused were violated when the prosecution offered perjured testimony and withheld evidence favorable to the accused. DeLuzio v. People, 177 Colo. 389, 494 P.2d 589 (1972)

5. Fifth Amendment prohibits Government from prosecuting defendant because of some specific animus or
ill will on prosecutor’s part or to punish defendant for exercising legally protected statutory or constitutional right.U.S.C.A. Const.Amend. 5. U.S. v. Benson, 941 F.2d 598, rehearing denied, mandate recalled and corrected 957 F.2d 301, appeal after remand 67 F.3d 641, opinion modified on denial of rehearing 74 F.3d. 152.

Defendants Guy and Carrie Neighbors believes, and therefore alleges, that in order to secure an Indictment in Federal Court on circumstantial evidence, absent of any compelling physical evidence beyond mere hearsay, AUSA Prosecutor Marietta Parker knowingly and intentionally conspired and colluded with Patrick Nieder and James P Ludwig to commit perjury under oath before the Federal Grand Jury, which therefore constitutes State and Federal Crimes, in conspiracy.

CONSPIRACY - 18 U.S.C. §371: makes it a separate Federal crime or offense for anyone to conspire or agree with someone else to do something which, if actually carried out, would amount to another Federal crime or offense. So, under this law, a “conspiracy” is an agreement or a kind of “partnership” in criminal purposes in which each member becomes the agent or partner of every other member); and prima facie intentional and malevolent violation of Ethical Rule 8.4 (c).

The Prosecutor AUSA Marietta Parker retaliated against the defendants with a superseding indictment that was filed 02-27-2008. Piling up additional charges to the fatally flawed Indictment, on top of the existing charges without any new incidents or additional evidence, in a vindictive move to Moot the defense’s motion to dismiss the Lis Pendens that had been placed against the defendants property .


6. “Vindictive prosecution” occurs when a prosecutor brings additional charges solely to punish the
defendant for exercising a constitutional or statutory right, such as a defendant’s right to a jury trial. U.S.C.A. Const.Amend. 6 U.S. v. VanDoren, 182 F.3d 1077.

7. Prosecution is “”vindictive” and violates due process if it is undertaken to punish defendant because he has done something the law plainly allows him to do; thus, showing of actual vindictiveness require objective evidence of some kind of genuine prosecutorial malice. U.S.C.A. Const.Amend. 5. U.S. v. Porter, 23 F.3d 1274.




The defense alleges the prosecution has continually violated the right of due process of the law in retaliation for the defendants exercising their Constitutional rights of freedom of speech, requests for speedy trial, submission of formal complaints, and to “limit the liability” in the related Sealed Civil action by a witness.


LEGAL STATEMENT
The first step is the establishment of the “basic, primary, or historical facts: facts ‘in the sense of a recital
of external events and the credibility of their narrators. . . ‘” Townsend v. Sain 372 U.S. 293, 309 n. 6, 83 S.Ct.745,755 n.6, 9 L.Ed.2d 770 (1963) (quoting Brown v. Allen, 344 U.S. 443, 506, 73 S.Ct. 397, 446, 97 L.Ed. 469 (1953)(opinion of Frankfurter, J.)).

The second step is the selection of the applicable rule of law.

The third step – and the most troublesome for standard of review purposes – is the application of the law
to fact or, in other words, the determination “whether the rule of law as applied to the established facts is or is not violated.” Pullman-Standard v. Swint, 456 U.S. 273, 289 n. 19, 102 S.Ct. 1781, 1790 n. 19, 72 L.Ed.2d 66 (1982).

[2] The district court’s resolution of each of these inquires is, of course, subject to appellate review. The
appropriate standard of review for the first two of the district court’s determinations – its establishment of historical facts and its selection of the relevant legal principle – has long been settled. Questions of fact are reviewed under the deferential, clearly erroneous standard. See Fed.R.Civ.P. 52(a). Questions of law are reviewed under the nondeferential, de novo standard. See, e.g., U.S. v. One Twin Engine Been Airplane, 533 F.2d 1106, 1108 (9th Cir.1976); Lundgren v. Freeman, 307 F2d 104, 115 (9th Cir.1962). These established rules reflect the policy concerns that properly underlie standard of review jurisprudence generally. Thus, because the application of law to fact will generally require the consideration of legal principles, the concerns of judicial administration will usually favor the appellate court, and most mixed questions will be reviewed independently. This is particularly true when the mixed question involves constitutional rights.
Accordingly, I would be content to rest the debate that has for so long engaged this court upon a statement
made by the Supreme Court, to which we look for leadership in such matters:
“While this Court does not sit as in nisi prius to appraise contradictory factual questions, it will, where
necessary to the determination of constitutional rights, make an independent examination of the facts, the findings, and the record so that it can determine for itself whether in the decision as to reasonableness the fundamental – i.e.,
constitutional – criteria established by this Court have been respected. . .” Ker v. California, 374 U.S. at 34, 83 S.Ct. at 1630. [United States v. McConney, 728 F.2d. 1195 (9th Cir.) (en banc), cert. denied, 469 U.S. 824 (1984).]
A defendant alleging vindictive prosecution has the burden of showing an appearance of vindictiveness. The appearance gives rise to a presumption of vindictiveness. Whether there is an appearance of vindictiveness is a question of fact reviewed for clear error. See United States v. Clay, 925 F.2d 299, 302 (9th Cir. 1991). Once that fact is established, whether the presumption arises is a question of law reviewed de novo.

The Prosecutor in this case, U.S. Attorney Marietta Parker has continued to pile on charges and Indictments followed by selectively abusive arrests, searches, civil rights violations, theft of defendants property, incarceration and violation of the Constitutional right of due process of law using statutes that the defendants charges due not qualify for and which the evidence would not merit a trial conviction, brought forth in retaliation for the defendants exercising of the constitutionally secured right to Petition the Government for Redress of Grievance.

8. “Stalking Horse” Marietta Parker Prosecutor for the DISTRICT OF KANSAS US DEPARTMENT OF JUSTICE by and through abuse of power has
has been prevailed upon by conspiracy with law enforcement officers Jay Bialek, Micky Rantz, FBI Special Agent Walter Robert Schaefer “Bob Shaefer,” Postal Inspector David Nitz, IRS Agent Robert Jackson, KU Detective Michael Riner and Police Chief Ronald Olin, to convert the lawful statutes into purposes of commencing and conducting an unlawful retaliatory prosecution known in legal fiction as UNITED STATES V. GUY NEIGHBORS AND CARRIE NEIGHBORS CASE cr-20124-CM-JPO

9. Successful assertions of vindictive prosecution are most common where defendant advances some
procedural or constitutional right and is then punished for doing so. U.S.C.A. Const.Amend. 5 U.s. v. Lanoue, 137 F3d 656.

10. Prosecution is “vindictive” and violates due process if it is undertaken to punish defendant because he has
done something the law plainly allows him to do; thus, showing of actual vindictiveness requires objective evidence of some kind of genuine prosecutorial malice. U.S.C.A. Const.Amend 5 U.S. v. Porter, 23 F.3d 1274.

11. Prosecution is “vindictive” and violation of due process if undertaken to punish person because he has
done what law plainly allows him to do; filing of indictment may in some instances be basis for such a claim. U.S.C.A. Const.Amend. 5. U.S. v. Polland, 994 F.2d 1262.


MOTIVE

After executing the search of defendants Home and Business December 5, 2005, The search of the home located at 1104 Andover was executed without a valid search warrant at 9 am. After finding the room with the plants the officers got a “piggy back” warrant to cover-up for the fact no valid warrant was used to enter the property. This can be verified through an evidence hearing and a disclosure of documents. Valuable property was seized in violation of the search warrant, the seized property was improperly recorded, handled, some items never made it to the evidence custodian, and it was later disclosed to the defendants “three high-end laptops that the police agreed to return to the defendants were missing from the evidence room.”The seized property has been held indefinitely for nearly 4 years (since 2005), in violation of due process of law, affording the defendants a right to a hearing before a Judge to determine what property should be held as evidence and what property should have been returned to the defendants.

If the Lawrence Kansas Police officers under the direction of Police Chief Ronald Olin involved with the execution of the search was found by a court of competent jurisdiction to have violated the Fourth Article in Amendment by an unlawful search and seizure, they would be criminally and civilly liable for $50,000 per day for theft of Petitioner’s lawful private registered property a standard administrative protocol commonly used by modern quasi-judicial tribunals and administrative agencies of the government to establish facts
prior to adjudication.

12. Although prosecutor’s discretion as to whom to charge is particularly ill-suited to judicial review, discretion
is not unfettered and decision to prosecute may not be deliberately based upon unjustifiable standards such as race, religion, or other arbitrary classification, including the exercise of protected statutory and constitutional rights, and prosecutor may not select individual for prosecution solely because of exercise of rights under the First Amendment. U.S.C.A. Const.Amend. 1. Hunt v. Tucker, 875 F.Supp. 1487, affirmed 93 F.3d 735.

A prosecution based entirely upon an intentional and deliberate mis-construction and erroneous
application of the statutes creating a legal impossibility and having no remote chance of prosecutorial success before a jury is ipso facto “unreasonable” and constitutes a prima facie“ vindictive prosecution.” Such a wild, erratic departure from acceptable prosecutorial practice cannot possibly be normal or usual business. The vast resources and finances expended in this vindictive prosecution must also raise “red flags” in the mind of any reasonable person. What would a Prosecutor hope to gain, what great social evil would she strive to prevent? Before this case the defendants Guy and Carrie Neighbors were foster parents for 9 years to over 24 children, had been matched with a child through the Big Brother program for 10 years, had deep community involvement including working with the homeless, and ran their successful business in the community for 23 years. Had no prior history of criminal involvement of any kind. The simple answer is that this is a retaliatory prosecution.

The undeniable fact that the UNITED STATES US ATTORNEY MARIETTA PARKER is
prosecuting case #CR-20124-CM against the Petitioner and in doing so continues defending and conspiring with STATE actors in Federal Civil Rights violations against the defendants establishes a prima facie conflict of interest and a credible motive for a vindictive prosecution.

13. In determining whether an indictment posed a reasonable likelihood of vindictiveness, the question was
whether the situation presented a reasonable likelihood of danger that the state might be retaliating against the accused for lawfully exercising a right, not whether there was a possibility that the defendant might be deterred from exercising a legal right. U.S. v. Esposito, 968 F.2d 300.


REQUEST FOR DISMISSAL

There is no doubt that numerous GOVERNMENT AGENCIES have a “vested
interest in the outcome” of this case. There is no doubt that the ACTING US ATTORNEY FOR THE KANSAS DEPARTMENT OF JUSTICE FOR THE DISTRICT OF KANSAS Marietta Parker,
has a conflict of interest in continuing the prosecution of this case, based on the mere fact that the defense has been severely prejudiced by the fact all the formal complaints by the Neighbors and the witnesses that were turned into the Internal Affairs for color of law violations and civil rights violations involving all cases and actions in this investigation have been forwarded to Marietta Parkers office at the Department of Justice. Complaints that should have been investigated by a third disinterested party were instead being used by the Prosecutor against the defendants for retaliation and cover-up purposes.
The obvious conflict of interest cannot be ignored.
The open and unconcealed pernicious and egregious prosecutorial vindictiveness in this instant matter justifies the severe sanction of dismissal with prejudice,

Defendants respectfully ask this Honorable court for the dismissal of the Indictment USA v. Neighbors 07-20124-01-02-khv, cr-20073-CM. “EBay case” including the superseding indictment.
A trial court may grant a motion to dismiss pursuant to CrR 8.3 (b) if there has been any arbitrary action or governmental misconduct resulting in prejudice to the rights of the accused which materially affect the accuser’s right to a fair trial. Or upon denial of the dismissal of the fatally flawed Indictment, the defense formally requests an evidentiary hearing and further request that all the transcripts and discovery presented to the Grand Jury by the Prosecutor be made available to the defense.

Respectfully submitted as truth under oath to the courts for considerations by Pro-se Defendant petitioners Guy Neighbors and Carrie Neighbors.

Whenever any person is required to take an oath before
he enters upon the discharge of any office, position, or
business or on any other lawful occasion, it is lawful for
any person employed to administer the oath to administer
it in the following form: The person swearing, with his hand
uplifted, shall swear by the ever living GOD