Change Of Venue Motion

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UNITED STATES OF AMERICA

v.

Plaintiff,

Carrie M. NEIGHBORS

Case No. 07-20124-01-02-

~JW (pv

Defendant, Notice of Motion Requesting a Change of Venue and to Have Both Prosecutors Recues Themselves from Said Cases as To Avoid the Appearance of A Conflict of Interest.

Comes now Defendant Guy Neighbors pro-se, and asks the honorable court to change the venue of all the cases UNITED STATES V. GUY NEIGHBORS & CARRIE NEIGHBORS 20124-01-01,07-20073-01/02 jwl/djw, 08-20105

jwl/jpo, from the State of Kansas to the State of Nebraska, and that the Prosecutors Marietta Parker and Terra Morehead Recuse themselves from the cases on the grounds that the Defendants cannot receive a fair trial or be tried by an impartial prosecutor in the State of Kansas.

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Wherefore the defendants pray that the courts will grant this request in the interest of Justice, and the defendants would respectfully ask the honorable court to court to consider the special circumstances surrounding this case in that the prosecutor is now acting District Attorney for the District of Kansas and the defendants have filed motions claiming prosecutorial misconduct, have exhibits from other defendants that will show a pattern of abuse and said defendants have filed a complaint against the prosecutors under

42 U.S.C. 1983 for Civil Rights Violations.

The prosecutor now has a vested interest in getting a conviction above and beyond the interest of Justice. The defendants pray the court will entertain this pro- se motion as to avoid any appearance of a conflict of interest that could prejudice the defendants.

The 141h Amendment guarantees the fundamental rights of citizens to due process and such rights require the scrutiny of the Court. If the Court decides that it has the right to deny the defendants due process by refusing to consider their pre- trial pro-se motions, then the Court is failingto insure justice in this case. Alternatively if no change of venue is granted, then the defendants ask for a dismissal of all charges. Because a defendant has no constitutional right to hybrid representation, the decision to allow such representation lies within the sound discretion of the trial court. This case merits such a need for pro-se motions because the Prosecutors control over the defendant's attorneys have caused prejudice upon the defendants in this case. Although many jurisdictions have refused to recognize a right of counseled defendants to exercise their 6th Amendment right to lend assistance of their

).

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counsel in their own defense, it is ultimately left to the discretion of the trial court to determine whether such participation is permitted (see, e.g., United States v Einfeldt, 138 F3d 373,378 [8th Cir], cert denied 525 US 851; United States v Tutino, 883 F2d 1125, 1141 [zd Cir], cert denied 493 US 1081; United States v Laf'hance, 817 F2d 1491, 1498 [nth Cir], cert denied 484 US 928; United States v Mosely, 810 F2d 93, 97-98 [6th Cir], cert denied 484 US 841; United States v Halbert, 640 F2d 1000,1009 [9th Cir]; State v Frye, 224 Conn 253, 256, 617 A2d 1382,1384-1385; State v Long, 216 NJ Super 269 275-276, 523 A2d 672, 675-676). While there may be circumstances where the unjustified refusal to entertain meritorious pro se motions would constitute an abuse of discretion, that circumstance does not apply when a defendants Constitutional rights are jeopardized.

DEFENDANTS HAVE A CONSTITUTIONAL RIGHT TO BE HEARD

The decision to allow hybrid representation implicates the trial court's function in ensuring the orderly administration of the proceedings and the special circumstances in this case. (see, People v Mirenda, supra, 57 NY2d, at 266). As such, it is a matter committed to the sound discretion and of the Trial Judge. The defendants respectfully ask this court to change venue or dismiss through this pro se complaint under oath alleging violations of civil and

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Constitutional rights, conspiracy, direct conflict of interest, and

prosecutorial misconduct, and therefore the courts must read the complaint's allegations expansively, Haines v, Kerner, 404 U.S. 519, 520-21, 92 S. Ct. 594, 596, 30 L. Ed. zd 652 (1972), and take them as true for purposes of deciding whether they state a claim. Cruz v. Beto, 405 U.S. 3 19, 322, 92 S. Ct. 1079, 1081, 31 1. Ed. zd 263 (1972). Moreover, "the court is under a duty to examine the complaint to determine if the allegations provide for relief on any possible theory." onner v. Circuit Court of St. Louis, 526 F.2d 1331,1334 (8th Cir. 1975) (quoting Bramlet v. Wilson, 495 F.2d 714, 716 (8th Cir. 1974)). 'There are fundamental rights of citizens to due process and such rights require strict scrutiny ofthe Court.

The courts have assumed that the sixth amendment rights to representation by counsel and to defense pro se are mutually exclusive. Under the hybrid defense the defendant has the active assistance of counsel but may also participate in his own defense as co-counsel. A necessary tool to ensure justice when the defendant has been prejudiced by the restrictions placed upon the defense by the Prosecutors in the case. The defendants are currently represented by competent counsel but are forced to file motions pro-se because the Prosecutor has created prejudicial limitations upon the defense attorneys, by violating the defendants right to assist their attorneys in their own defense, and controlling through limitations how the defense attorneys handle the defense of their clients through the "contract to withhold discovery from the defendants" This is a standard contract that the prosecutor has forced the defense attorneys

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representing clients in cases she is prosecuting to sign. All defense attorneys in USA v, Neighbors have confirmed they were forced to sign this contract before accepting the case. (see exhibit# 1 page 1 &2, a copy of Terra Moorhead's illegal contract to withhold discovery from defendant) in violation of Federal Rules of Criminal procedure, rule 16, which clearly states the defendant has rights to the discovery. At no time does Rule 16 say the prosecutor has a right to force the defendant's attorney to sign a contract to withhold discovery from defendant, nor does this Federal rule give the Prosecutor the right to only disclose the discovery to the defendants attorney) The Prosecutor has made it nearly impossible for the defendants to assist in their own defense, by forcing the defense attorneys to sign a contract that being used against them. A clear violation of the defendant's rights. Paid attorneys hired by the Neighbors have been threatened with "Money Laundering" charges by the Federal prosecutors in an attempt to control the defense. (see exhibits labeled money laundering #2) (Defense attorney Sarah Swain told the defendants the prosecutor had threatened her with "Money Laundering" and therefore would need all future payments to be made with credit cards. Defense Attorney Aaron McKee was threatened with "Money Laundering" and requested that the defendants set up a paypal account using someone else's name in order to pay him, then as shown in the exhibit even placed the request for paypal on the bill. After the defendants accused the Attorney of coercion with the prosecutor the payment option was removed. See Exhibit #2 pg.z )

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This hybrid pro-se motion accommodates the fundamental values underlying the sixth amendment and should be recognized as the constitutionally compelled approach, for defendants implementing "the right to assistance of counsel."

BACKGROUND: It is a matter of fact that the Prosecutor Marietta Parker has a direct conflict

of interest in Prosecuting this case and do to the fact she is currently the Acting United States Attorney for the District of Kansas, overseeing the DISTRICT OF KANSAS Department of Justices in Topeka, Wichita, and Kansas City, and is currently in direct control of overseeing over 100 attorneys. The defendants cannot possibly be assured a fair, un-bias and impartial prosecution and trial in the State of Kansas. The disqualification of Government counsel is indeed a drastic measure" Bullock v. Carver, 910 F. Supp. 551,559 (D. Utah 1995) "where it is shownthat an Assistant United States Attorney is subject to a conflict of interest, the proper remedy generally is to remove that individual from the case. Crocker v. Durkin, 159 F. Supp. 2d 1258, 1284-85 (D. Kan. 2001).

During the course of the investigation starting in 2005 into the Yellow House Business, the Defendants and their defense attorney along with numerous witnesses turned in formal complaints alleging Police misconduct, color oflaw violations, racial profiling, rules of evidence handling violations, evidence storage violations, due process oflaw

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violations, search violations, false arrest, forgery of legal documentation, harassment and coercion of witnesses, along with the allegation of an altered video being presented to the courts as evidence, and several months of covert surveillance from the Fire station across the street, absent of a court order. These complaints inadvertently were sent to the Prosecutor, yet the Prosecution has excluded all ofthis exculpatory evidence from the defendants discovery files handed over to the defense attorneys in the case. (In a direct conflict of interest) All these complaints were forwarded by Internal Affairs Sgt. Dan Ward under the direction of Chief Ronald Olin, to the Kansas City Department of Justice, and ended up in the prosecutor of the case; AUSA Marietta Parkers office for review and action. In support of this allegation: (see exhibit #3 letter from KU Police Director Ralph V. Oliver informing the Neighbors that the complaint was forwarded to the AUSAMarietta Parker and all further complaints should be forwarded to her.) Also see Chief Olins letter to attorney Sarah Swain advising that Marietta Parker was the one to address complaints to. (In exhibit #4 pg. 5) Instead of insuring justice on behalf of the defendants rights violations, the US Attorney's office has conspired with law enforcement, staged an FBI investigation (see FBI exhibits #4 pages 1 through 15) (Exhibit #4 page 1 &2, Signed affidavit by Laura Helm stating she was picked up by two officers posing as FBI agents.) (Exhibit #4 page 3 & 4, Interview-statement by Brad Perico to Private Investigator Cecilia Woods stating he was contacted by two officers

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claiming the FBI was investigating the Yellow House and had him on tape going into the business with a drill.) (Exhibit #4 page 5, Letter to defense attorney Sarah Swain from Police Chief Ron Olin stating that he could not release the identity of the Federal Investigators, that Police posing as FBI would be a crime, and that Special Agent Bob Shaefer had spoken to her about the issue. He also states that further correspondence concerning the case should be directed to U.S. Attorney Marietta Parker.) (Exhibit #4 page 6 & 7, Letter to Sarah Swain from the FBI explaining that U.S. Attorney Marietta Parker sent FBI Special Agent Walter Schaefer to investigate the allegations of police posing as FBI agents, verifying 60 days had passed and made reference to repeated unanswered phone calls made by Swains office to the FBI in an attempt to set up further meetings with SA Schaefer. According to Special Agent Scott Gentine from the Topeka FBI, the letter was Signed by a retired special agent Kevin Stafford, sent by Timothy A Gallagher) (Exhibit #4 page 8, letter to Bob Schaefer FBI, from Defense attorney Sarah Swain) (Exhibit #4 page 9 &

10,

article in LJworld newpaper that the FBI was

investigating the conduct of police in the Yellow House investigation. Jeff Lanza also confirmed the FBI was not involved in the Yellow House

investigation.) (Exhibit #4 page

11,

article in LJworld Newspaper stating that the FBI

investigation was stalled and that the FBI had not received a formal

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complaint. Even though the defense attorney had attempted multiple times to set up meetings, some days attempted to call SA Schaefer 6 times without a return call, left messages and faxes for SA Schaefer.) (Exhibit #4 page

12,

Article in LJworld Newspaper confirming the FBI had

completed the investigation and cleared the police of misconduct.) (Exhibit #4 page 13. letter to Agent Schaefer from Defense attorney Sarah Swain letting him know she had forwarded a sworn affidavit of illegal conduct by the Lawrence Police, and had made numerous attempts to contact him about the matter but had gotten no response from him.) The Government in a controlled reaction, used the information contained in the complaints forwarded to her, to use her team of investigators to retaliate and conspire against the defendants and then in an abuse of her power, also controlled the defense attorneys handling the case. In order for a defendant to prove conspiracy the defendant need not allege personal involvement by all the parties. When a person is part of a conspiracy, one does not require a hub and spoke form. One need only be part of a chain of conspirators. Law enforcement officers Jay Bialek, Mickey Rantz, Michael Riner, Police Chief Ron Olin, Postal Inspector David Nitz, IRS Agent Robert Jackson and the Kansas City FBI Agent "BOB SHAEFER" Walter Robert Schaefer, were employed by the Prosecutor as her agents to do the dirty work on her behalf, outside of their agencies jurisdictions with her full knowledge and approval. In conspiracy to cover-up, conceal. obstruct justice, and limit liability in order to avoid accountability for the Governments unjust actions

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against the defendants.

Conspiracy to violate civil rig!1!§. In order for this court to establish a cause of action to change of venue or dismissal for conspiracy, there must be sufficient facts to support the following elements: 1) two or more persons; 2) an object to be accomplished; 3) a meeting of minds on the object or course of action; 4) one or more unlawful acts; and, 5) "damages" directly linked to the violation of the defendants rights.. 1. Obviously there are two or more persons involved. 2. The object to be accomplished is to obstruct justice, cover up for color of law violations and prosecutorial misconduct, obtain a conviction through fraud, to cover up criminal conduct against citizens by officials, and to avoid liability. 3. The Government c!e2r1y had a unity of purpose or a common design and understanding in their joint efforts to avoid liability and conceal Constitutional rights violations. The Prosecutors Terra Morehead and Marietta Parkers actions were clearly improper and directly connected to the conduct of the acting Government officials under her command. There is no other explanation as to why these Prosecutors would break the rules to cover up reports of criminal activity by Law

10 .

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enforcement against a wrongly accused citizen other than that they had joined into a common purpose with the team. 4. The unlawful acts against the defendants have greatly prejudiced the defense and have been documented through photographs, video's and voice recordings, court documents, affidavits,

and testimony

under oath during various hearings before Federal Judges overseeing this case.

These are very serious allegations and this court has a duty to the Constitution to protect the integrity of the courts. Therefore, this District of Kansas court, which has a prima facia conflict of interest, has a dUty to construe this pro- se motion very liberally and grant the defendants request for change of venue or dismissal of charges, in order to protect the public perception of the integrity of this court.

A FAIR TRIAL FOR THE DEFENDANTS IS NOT POSSIBLE IN THE STATE OF KANSAS or MISOURI --------------AUSA prosecutor Terra Morehead has interfered with the Defendants Guy and Carrie Neighbors fair chance to defend themselves. Terra Morehead originally charged the defendants with being unlawful users with fireanns. A statute that the case did not qualify under. Because the defendants had no criminal history, there was no evidence of habitual drug use, and the firearms were expensive collector "non-

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qualifying" firearms unloaded and unlawfully seized without a warrant by law enforcement from a locked safe.

During several hearings before Federal JUdges, law enforcement officers have read fabricated stories by witnesses and lied under oath, to the court . The prosecutor has taken things out of the defendants discovery. Certain things that were seen in the discovery while in the possession of past attorneys Bruce Kipps, Philip Gibson, Alex McCaUley and James George have been changed or switched out. ie. Police evidence reports, statements, search warrants, receipt for same list. The Courts have been made aware of the fact that the false testimony by convicted felon Patrick Nieder was presented before the Grand Jury in exchange for an 8 year reduction of his prison sentence. On July 1,1998, a 3-judge panel of the 10th Circuit, U.S. Court of Appeals delivered a decision, in the case U.S. v. Singleton, The 10th Circuit ruled that bartered-for, testimony in federal criminal court is not only illegal and inadmissible, but technically punishable by a substantial fine, and/or up to 2 years in prison. Prosecutors have offered both cash payment and leniency to some witnesses, and offered plea deals to Louis Parsons and James P. LudWig in exchange for anticipated false testimony at trial claiming that the Defendant Carrie Neighbors conspired with them to conceal the conspiracy, absent of any existing evidence to substantiate these claims. It is the responsibility and duty of the prosecutor to always try to substantiate (what) any witness for the government is going to be saying. In a separate case in a 31-page ruling U.S. District Judge William J. Zloch threw out the testimony of three accused drug defendants on grounds that it was solicited

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with a prosecutor's promise of a reduced sentence a violation offederal bribery laws, he ruled. In this case.

"u.s, Code, Title 18, Section 201©(2) (the 'bribery statute' could not be more dear. It says: Whoever ... directly or indirectly, gives, offers or promises anything of value to any person, for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon a trial, hearing, or other proceeding, before any court

authorized by the Jaws of the

United States to hear evidence or take testimony

shall be fined under this title

or imprisoned for not more than two years, or both."

A SUi.9 '..';deo vIas aneree ''ld there IS oocurnented miSSing evidence, from the police evidence locker, but the Federal Prosecutors have

connnuec the prosecuuon

UI

mis ca::>
<,;;

;j •• 2.i.

The Prosecutors hay~ u~ed their influence an1 power of authority to control the Federai Agencies, witnesses and Defense attorneys involved with this case. And have exercised in a similar pattern of abuse of power in other cases as well. (See exhibit #5 pages 1·5, JOHNNIE WILLIAMS III, case 06-20047· 01-cm. letter to Chief Judge Lungstrum alleging misconduct by Prosecutor Terra Morehead) (EXhibit #6 pages 1·5, JASON McKINNEY dated June 30,2008 complaint sent to The Office of Disciplinary Administrator, alleging malicious prosecution by AUSA Terra Morehead.) (Exhibit #7 pages 1-4, James McKeighan letter to The Honorable Judge Lungstrum dated Jan. 22,2007, alleging Prosecutorial Misconduct against Terra 0 Morehead)

/3

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The Prosecutors have interfered with the defense attorneys filing motions on behalf of their clients. 1. IE. The Neighbors requested that Attorney Phil Gibson file a motion to release an illegal lis pendens placed against their property by the Prosecutor. The motion was filed and Judge Murguia scheduled a hearing the following week. Mr. Gibson then canceled the court date. After 3 week delay, the motion was refilled and four days later the Prosecutor filed a Superseding indictment to moot the motion. With the sale of the house still in limbo and the buyers getting anxious the defendants asked Mr. Gibson to refile the motion, he agreed to refile that weekend but then, even after repeated requests from the defendants never did refile the motion. After several more weeks the sale of the house had to be terminated. 2. The Prosecutors in this case have violated the Neighbors Bill of RIGHTS! 3. Amendment V.- Deprived the Neighbors of life, liberty, and property. A.- Life- The Prosecutor has had the Neighbors arrested by agents operating outside their Jurisdictions several times, searched, and held in custody, using statutes and laws that do not apply. Ruined their business, reputations within the community, the false allegations have cost the Neighbors their Foster care license and their affiliation with the Big Brothers program, In 2005,Prior to any charges being filed the Government contacted ebay and made false unsubstantiated allegations resulting in the immediate suspension of the defendants seller account and also resulted in the defendants money in the Paypal account being frozen., greatly affecting the defendants livelihood and ability to run their business and pay bills.

l~,

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Public False allegations released to the press include stolen property fencing, money laundering and drug trafficking. And on the DOJ press release web site falsely claimed the Yellow House crimes had been investigated by the FBI. B-Property- The Government has been holding Property since December 2005, property unlawfully seized during the execution of a violated search warrant, and gained through an illegal warrantless search, denying the defendants constitutional right to due process of law. 4. Amendment VI. Right to Speedy Trial and effective council. 5. A- violation of right to speedy trial. The original charges of being an unlawful user with firearms was originally dropped with just 7 days left before the time limit of a speedy trial ran out. The same charges were re-filed as a brand new case, and the prosecutor had the Neighbors strong armed arrested from their home and illegally searched. B- The original search and seizure was executed in December of 2005. This is now November of 2008.The Neighbors have been denied the due process of Law, have not been allowed to view the discovery or see the evidence being held against them. Because of the Prosecutors threats against the defense attorneys, during the three years the case has been in the courts, the defendants have not had any motions filed by the defense attorneys directly related to defending the case ie. standard Motion Requests for evidentiary hearing, request to see the evidence, request for dismissal, request for suppression of evidence. The Neighbors have not been afforded an investigator to conduct interviews of witnesses nor hasthe

Iii ,

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prosecution allowed the defendants to see the list of witnesses scheduled to testify at trial on behalf of the prosecution. C- The Prosecutor has forced the Neighbors to loose paid attorneys, and then forced them to use court appointed attorneys that are willing to sign her contract and allow her to maintain a strong influence over the handling of the defense.

CONCLUSION; This court has a responsibility to assure that its regulations are conceived in the public interest and not in furtherance of self-interests. Every lawyer and prosecutor is responsible for observance of the Rules of Professional Conduct. Neglect of these responsibilities compromises the independence of the profession and the public interest which it serves.

a govemment of the people, by the people, and for the people. The judicial system's function is to serve the pUblic by providing a The United States is

means to serve justice and to resolve disputes. This can only be done in an environment where honesty, integrity, and high moral standards are strictly enforced. There ;s an obvious mix of Conflict of Interest and Special Circumstances in this case that together will prevent the Neighbors from entertaining their

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Constitutional right to a fair and impartial prosecutor. Since the judicial system is self-governing and is therefore responsible for policing itself, it has become obvious that the Neighbors cannot possibly expect a fair trial under these circumstances. Therefore the Neighbors respectfully ask the courts to grant this Pro-se Motion charges.

to Change of Venue or Dismiss all

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PROOF OF SERVICE FORM A copy of this form shall be appropriately filled out and attached wben Proof of Service or statement of delivery or mailing is required,

Personal Delivery: I declare tbat on /

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u.s. Department of Justice Eric F. Melgren

United Slates Attorney District of Kansas KafUtU Cily Off.,.

Wic},ilaOfficI.

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500 Slak .fl'fnue Kansas City. KalUar 6610J-1433

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,United States vs, James McKeighan Case No. 06-20066-01-JWL 'I hereby acknowledge as counsel for the above captioned defendant, that I am in receipt, on today's date, ofdiscovery consistingof one 'CD with pages which are bates-stamped from 0001 .u~. By signing below, I fuctheI agree that I will notsliowthe pages of discovery to my client octo provide copies to aoyone including lllY client. Finally, in the event that I withdraw from this case, I will return all discovery to the U.S. Auomey's Office So that it can be properly disseminated to substitute counsel, This agreement will also llJIply to any further or future discovery provided by the Government intlU$case.

£5tCj'~J~~ SA Scimeca Attorney for James McKeighan .

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.. U.S. Department of Justice

,

Eric F. Melgren

United StalesAttorney District of Kansas Kansas Cit)' Office

1f'idJfta OffICe

SuiteJ60 Kansas City Kansas 66/0/-U3J

/200£pic Center 10J JI. Main YrdDla. KaJ<,as67101.i8l1

TEL (lIH) 5H·6l30 FAX{9IJ) 55/·65iJ TDD(9JJ) 55J-6666

Topeb Offic< Suite 190 NiSEQtnncy

500 StOlt -tyeNil!

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Topeia, Kaiuas 5668J-3591

Ju te 5,2006

Tim SCimeca 31:-1 North Seneca Wichita, KS 67203

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Re: United Stales v. James McKeighan Dear Tirn: EnClosed are p;iges wh lch are bat~-starnped from 0 120 - 0138 which are provided to yJU as discovelY in this case, The~~ ar~ provided lei you v(ifh the understanding that you are not to show them (QyOlJrclierit'rirtopr6vlde~piest() ~iiyone including your client. If you have a problem Withihis, pli:J#(;i relutTitheri1 to me:' rrdhe event that you withdraw this' case, please return ali disCoVtltY,td thlsofflceso that it can be properly trorn '. . ',' .,' " '. . ' . _ ... ,.,.....•. (',' .... ..' /. , ; ". : :.: ·i· • . dissemInated tdsubl:titute Counsel. P'f!~se tsal/rTieit YOll have any questions.. Sinceieiy~

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TERRA'a. MOREHEAD Assistantffiited'Sfcltes A!1omey

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Enclosures

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Law Office of Aaron C. McKee, Esq. 21604 West 98th Terrace ' " Lenexa, KS 66220 Phone (913) 219-0652 Fax (913) 764-0652 [email protected]

www.mckee-Iaw.com

internet at www.mckae-aw.com.

To: Yellowhouse Carrie Neighbors 1904 Massachusetts Street Lawrance, KS 66046

Dale

!

8/3112006

I

Amount Enclosed

Amount Due $6,057.85 Dale

Transaction

0812812006

Telephone conference wnh Rob Jackson regarding proffer meeting on August 29, 2006,

175.00

0.2

35.00

4,692,65

0812912006

Attended proffer meetin9 with Lawrence PO, IRS and USPS.

175.00

4.5

767.50

5,480,35

0812912006

Traveled lolfrom Lawrence 10attand proffer meeting.

175.00

1.4

245.00

5,725.35

0613012006

relephone conference wit/l Carrie Neighbofs regarding Guy Neighbors firing Sarah Swain.

175.00

0.4

70.00

5,795.35

0613012006

Telephone cOnference with Rob Jackson regarding Guy Naighbors firing Sarah Swain.

175.00

0.3

52,50

5,847.65

0813112006

Telaphane conference wnh Jim George regarding status of case.

175.00

0.5

87.50

5,935.35

06/3112006

Telephone conference with Carrie Neighbors regarding Jim George replacing Sarah Swain on case.

175.00

0.2

35.00

5,970.35

0813112006

Telephone conference with Carrie Neighbors ,,'gerding case strategy and se\tlement

175.00

0.5

87.50

6.057.85

I

Amount

Hounl

Rate

Balance

i

n~9uliatjons.

I

I

J, I•

CURRENT

3,360.35

31-00 DAYS PAST DUE

61-90 DAYS PAST DUE

OVER 90 DAYS PAST DUE

Amount Due

DUE 2,677.50

0.00

0.00

0.00

$6,057.85

1·30 DAYS PAST

Page 3

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Law Office of Aaron C. McKee, Esq., L.L.C.

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13970 Santa Fe Trail Drive Lenexa. KS 66215

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Page 22 of 50

Yellowhouse Carr1e Neighbors 1904 Massachusetts Street Lawrence, KS 66046

Date

I

1113012006

I

Amounl Enclosed

Amount Due $4,490.35 Item

Rate

Transaction

09/0612006

Traveled tolfrom Lawrence to meetwith Lawrence PD.

ACM .. Travel

175.00

1.6

280.00

3,195.35

09/0612006

Met with lawrence PO and USPS.

ACM .. Meeti...

175.00

2

350.00

3,545.35

09101l12006

Telephone conference with Rob Jackson ACM .. Telep... regarding case.

175.00

0.3

52.50

3,597.85

1910812006

Telephone conference with Rob Jackson ACM· Telep... re9arding case.

175.00

0.3

52.50

3,650:35

09/1112006

Telephone conference with Mickey Rantzregarding potential undercover Opelation.

ACM. Telep...

175.00

0.2

35.00

3,685.35

0912112006

Telephone conference with Carrie Neighbors regarding status of case.

ACM· Telep...

175.00

0.2

35.00

3,720.35

09/2112006

Telephone confertlflC8 with Rob Jackson ACM .. Teiep... regarding status of case.

175.00

0.2

35.00

3,755.35

1011212006

Telephone conference with Mickey Rantz regarding raid on LP.

ACM..Telep...

175.00

0.2

35.00

3,790.35

10/1212006

Telephone conference with Carrie Neighbors regarding raid on LP.

ACM· Telep...

175.00

0.2

35.00

3.825.35

1012012006

Telephone conference with Rob Jackson ACM· Telep... for status report.

175.00

0.2

35.00

3,860.35

1111512006

Telephone conference with Came Neighbors regardlng Lawrenoe PO's requestto meet with her.

ACM· Telep...

175.00

0.3

52.50

3,912.85

..

...

CURRENT

1-30 DAYSPAST DUE

31-60 DAYSPAST DUE

61-90 DAYSPAST DUE

2,432,50

0.00

0.00

2,057.85

~"

I

Balance

Amount

Date

Page 3

Hours

OVER 90 DAYS' PASTDUE 0.00

Amount Due $4,490.35

Case 2:07-cr-20124-CM-JPO

Document 153

Filed 11/03/2008

Page 23 of 50

IVKANSAS Office of Public Safety

October 8, 2008

Carrie and Guy Neighbors 1904 Massachusetts Street Lawrence; Kansas 66044 Dear Mr. & Mrs. Neighbors, On September 16,2008, you delivered a written complaint to the Universityof Kansas Public

Safety Office. Captain Schuyler Bailey was the department representative who received your complaint. Your complaint alleges that on August 13,2008, a member of the Universityof Kansas Public Safety Office, Detective Michael Riner, committed perjuryduring testimony in Federal court. By way ofthis letter, I am notifying you that your complaintbas been provided to the U.S. Attorney's Office, That office is the appropriate investigative agency to receive a complaint of alleged perjury in Federal court. The following individual may be contacted should you wish to provide any further infonnation regarding your complaint against Detective Michael Riner: AUSA MariettaParker 500 State Ave. Suite 360 Kansas City, Kansas 66101 913-551-6730

marietta.parker@usdoj,gov

RVO!sp cc: Marietta Parker

{LOO13126 /1OfflCll! of Public salaty Public Safety 8uildlng I 1501 Crestline Drive, Suite 120 I Lawren,e, K5 66049 (785) 864-5900 I Fax (785) 864-5211 I www,ku,edu/-kucops

Case 2:07-cr-20124-CM-JPO

Document 153

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THE SWAIN lAW OFFICE

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Sarah G. Swain Attorney at Law 601 .'Ii .ssouri, Suite 3

110 N. Cherry, Suite 240

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FAXTO: Bob Schaefer I FST FAX NUMBER: (816) 512-8545 SENDER'SNAME & FAX NUMBER: SarahG. Swain @ (785) 842-2787

RE: PAGES: COMMENTS:

Case 2:07-cr-20124-CM-JPO Untitled

Document 153

Filed 11/03/2008

Page 25 of 1:1 50or ~u f'Bge

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/ WOOD INVESTIGATlVE SERVICES, INC. ,\FFIQAVl!

I. Laur:l1tC1m. of lawful ogc, hein~ fully ,worn Up'", 0lIIiI........" Thill. in early March :'006. I

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bmlhet.. I RAy Mayberry \ residlmoe 1"'*"<1 01 2200 Harper. C044 Ka. I IIJIl WI$,"" of the daIo. but J ~" ""'4111 'I Wi" oevcral wcckslI80 IlIld iI ...... dmillll !be week. I bdi",.., buI I iIni "'" eenum. thal1llo dole til... lWl> Men <"""",led und lmerviewed me _ Merch 6, ~Oll!i bolw een 9:00 Lm.• 10:00 a.m. . . rh~l, ,he.. twO men. apj)rt>aCh!ll my residence and~ed (0 .peol:·..,tlrlllli. I C1llI b<.t _rib< the r.... mo. "" • w,m. $")5"", a 1i~le hel\~' and 'sbon .piky blOl¥lt hair. Tb~ i"... did - . of ,he .a1king tluring our «>=. ItC "'id Iris _." which I do .,.. m:ali. 1llId ·,.Id t1~ w~r'od ",ilh rIie "Federal 8ureau of!nve,lillaliDD:' He did /lDI'!IUY (·'!:U t~ ~~ ·...oh.ll~ entire ~lJ!eaU lUt"nt. rhe HCOnd man \¥~ ::a w/ta., short "dark hair.

D'0" llIld • bi8ll'" build rh1lll
men "ere ,imilarly dr....d III .I""ks and >bills. They both wore a btldso "" I!leir bell. hlII1 ijum in hol-. madeor liQllI color loath.. thai WlI! olao wum nn their-.

and

That. 1h..:: Ilr'Sl mall wld me I "~J co talk tn ,h.•ern." l asked h.m if it '""ttad tu be lOday:' H( MljJ it did flm have to be lodrty 'Iud (h~)' i18n!:w to come l.J1dr; tbo tolknllling dO," Th~ ~. tlk~ Muned 11w ~11l!':\:t Ja} 'Jnt.l I'i-.:k....~ me u1" in ., ;js;t ~tue ~l -\' t"r~ "eblCle. : JId IllllwmK to»~ wnh !hem. bu, rei, from ,he .... y.\lilb 811 ;'Uloidt door. I ~...II It\!.: men .,nh:ril1~ In oL pJIS code tt) the Hili:llOl d!hn lhac aUQwed, us inside 1M pnl"'..,. Jcr:wunt':1f. !"\"c '.'\erJl inlf" BrI irservtew roum lA,'hctt both men fDlbd to me.

'They qlH:!'itmMd me a~1t11 .tcms I hil1l "old to the: Y..:Jlow HmUie iA the~, The!, tOld' '1rIIC.;,c,. ~3itW my 1'\ar.'I~ through ch ~ck:li thaI v.:ef'e ".,.lil1en by 1M VI!I.ow House. ;dftt::' th~~ questioned tnt' for 3D hour to aD hour and • half; they'lheD drove m!' hcuse, Durin. tI1t elm', ...... tIwy pYO ""' a butHI... cud wi... gold lellariDjj on it. 'nave mi>pl_-d ,1m ,:ant They.>1
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Document 153

Filed 11/03/2008

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Case 2:07-cr-20124-CM-JPO

Document 153

Filed 11/03/2008

Page 27 of 50

t. Brad Pcrke lOO8A11u

3- '7 Z -""'-

IAwreoee, KS. "M'7 An attempt was made to contact Brad at this address. The man residing at this duplex reported tIxlre WlIS no Perioo at this location and he did not know the JIIIIOD. Another

possible address was located for Brad Pmco:

Possible address: 4500OverlandDrive #105 Lawrenc<; Ks. Bradcalled the office from 785-841-0227. Arrangements were made for an interview 011 03f22J2006 at Culver's Restawant at 4:00 p.m, Brad reported he wante
situation straightened out. Hesaid he hadbeen in to see Carrie Neighbors and she told him DOt to come blwk lllOund. She told him to call me UId tIDt about this situation befure he~.

Brad reported be was recently contllCCed by Lawrence Police Detectives. He recalled one Detective as Jay Bill1ek. He did not know the other Detective but be delIcribed him as a w/m, 6'0", with short brown hair combed on the side. Brad said he _ at a friend's 8p8dmmt onRedbud Streetapproximately three weekJI ago. He said he wasleaviDg the lIpIII'lment and walkiIlg to the front locked entry way whtm he saw the Detectives at tile front locked door attempting to "jimmy the took." Brad said he is certain the COJlfiI hid to have followed him over to this Redbud address, because he knowsofno other way they knew be was there. . Bradsaid Bialek: told him the Yellow Hou8e had been IIIIder feden1 investigation for 7-8 months. He told Brad, Cmie has beenunder federeI invesription and "Sho is eoiDI down" and "She will take her husband with her." He further said the FBI had him (Bred) on surveillaDoe tape at theYellow HoOllC taking in a drill Hesaidtboy queadoJJlld bim about tho drill. He explained to them tbet he has done auto body work for r-s lIDd bad a lot oftools. He said the detectives told him, "We know youare in trouble." Brad said Bialek also told him, "We know you know wbat's goiDg down." Bialek told him he would set him help with the (6) m~cipal citations he had ifhe would help them with tile YeUow House investigation. Brad lIlIid be told 1bem he would thiIlk.lIbout it, but heknew. he ~ not help them. Brad said he wouldn't do this becausebe W88 frieDde with Guy and Carrie. He said Detectives at the LKPD had also lied to JJim in the pest and have DOt come through withtheir promises, 110 he did not wish to help them any 1oDpr. Brad said while lhe Detedives were talking to him outsideoCtile ....tmeat buildingon Redbud Street 8Icy slaited to band him a busiIllSS 0lIRI. He said and he iolll tIJam oat be

ilaIIdini him their eatds in public. He said be toldma;ek ~ drophis b.,.'rou ~ ~ die ground and be would pick thecard up later. He lJIIid didpick the IllIId up. He ~ this was the card he accidenlally handed Clirrie one day at the YeUow Houle. BrId Slid~ figures theDeleotives were targetiDg bUn to work with thembeceuM he bBd tbeBe pnor tiobts. He allO aaid be WllS stopped about 1 YJ months ago and ti
4

Case 2:07-cr-20124-CM-JPO

Document 153

Filed 11/03/2008

Page 28 of 50

BradHid TerikKatib is apparently the Del8ctive's supe1'Vi8ot. He. IllIid TCIIik docs DOl likehim. Brad further explained that he did a lot of informant work for 1be Lawrence Police ~lment in the pest. He said, more specifically, he did a lot of work forOfficer &ott Peck. Bradsaid he was the Confidential InfOl'lDlllll wIlo assisted Pecic in his drua relatedinvestigatiODll when he was with the poIk.e department. He said Pecic l:lIIDe under fire by Judge Malone and he was accused of fiIlsifYing hill affidavits. Brad said he WIll eventually exposedat the CI and the Judge said that he (Brad) was not a trustworthy witness or informant and tbat is why Peek was ultimately:fired. Brad said it _llppIOXima1ely there weeb ago he went to see his ftiend Je88C DelCampo at hisrestaurant "TheSlow Ride" in north Lawmtce. Hesaidhe saw he laW a lot of cops in there eating and drinking. Jessetold Brad later that after he loft, the cops told him to stayaway from him. Brad said the Slow Ride is a new blIDa out for the copa. Brad DOted it was shortly after he wmt into the Slow Ride that the detectives COIltal:ted him RedbudStzeet about the Neighbors.

on

Brad said he W1llI at Kohl's last week and he saw Bialek coming out of the blIck room of the store. He lIlIid they eageged in small talk and Bialek asked if lac had given anymore thought to what they talked about earlier. He said Bialek admitted Katib "had it out for him." He said some cops apparently did DOt like the personal relatiODlllrip be (Brad)hid with Peck.

/

.

-~- .....

Brad said his old gidfiielld is Kim Fileher, Kim is a sister to CarrieUrlxmek. carrie Urb8Dek WOIka for the Douglas Coumy Sheriff's Dep8itmeat Drua Unit. She is mmied

to Lieutentent Ray Urbanek. BJlld saidbe believes thetwo pawn shops in town areraising bell about the yellow House. He tbiDks this mighthave beenone of the reasons they are beiDg tlqeted lI@lIin. END OF INTERVmW

s

Case 2:07-cr-20124-CM-JPO

Document 153

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Page 29 of 50

~ti#L~~ 7 tr K A N SA S W.RonaldOlin, Ph.D. Chief of Police

Mike Wild,C11 City MaDager

April 20, 2006 Sarah Swain, Attorney at Law 601 Missouri, Suite 3 Lawrence, KS 66044

Dear Ms. Swain:

I am in receipt of email correspondence between you and Officer Bialek regarding the ongoing investigation involving your clients, Guy and Carr'le Neighbors. It is my understanding that you wish to speak with the Federal invesligators involved with the investigation of your clients. Officer Bialek assures me that he has contacted the agents involved and has informed them of YOlJr wish to be contacted. Additionally, I am aware you have been in contact with U.S. Attomey Marietta Parker who is handling this case at the federal level for prosecution. The Lawrence Police Department will not release the identityof any Federal investigator who is involved in the case. Your most recent email is of some concern, as it could be read as an attempt to report potential criminal activity. If this is your intention and the activities in question took place in the City of Lawrence, please fael free to file a police report with our department. If these activities took place elseWhere, . please contact the appropriate law enforcement agencyfrom ltIat jurisdiction. I believe Sergeant Mike Pattrick from this department as well as Speciat Agent Bob Shaefer with the FBI has spoken with you in person about these very issues. Any further correspondence conceming this case should be directedto U.S. Attorney Marietta Parker, jf you need to correspond with anyone in the

Lawrence Police Department, please do so in writing, instead of emailing a specific officer so that it may be routed and handled appropriately. You are welcome to address your correspondence to me, Very truly yours,

~altl.~ W, Ronald Olin, Ph.D. Chief of Police WRO:mrp Investigation &; TrainingCenler· 482Q Bob Billings Plcwy· Lawrence, KS 66049· (7SS) 830-7~ Law Enfon:emeol Caller. Parrol & Records Division· III Easl 111h Street • Lawrence. KS_ti6044 • (785) 832-7501 City Hall· 6 East 6111 SI1'eet • Lawrence. KS 66044· (785) 832-3000 www.lawrencepolice.org

--

Case 2:07-cr-20124-CM-JPO

_.

Document 153

Filed 11/03/2008

Page 30 of 50 .... ~

• ......

U.S. D.p. rIm OM I of JUlttee Federal Bureau of InvostlptioD

In Reply, PIOllO Itoforlo

1300 SUnunit

PiIoNo. 194 -KC-C810aO

July 7, 2006 Sarah,G. Swain 601 Mis;30uri Suite 3 Lawrenc8, Kansas

66044

Dear Ms. Swain:

~~,

The Kansas City Office of the Federal Bureau of Investigation (FBI) is in receipt of your letter to Special Agent Walter R.' Schaefer, which was facsimiled to thB Kansas City Divis!;;!:. of the FBI on UUlle 30, 2006. 'l'he Kansas City Division of the t'BI is also in receipt of a facsimiled Affidavit which was allegedly prepared by Laura Helm on April 22, 2006. This Affidavit was received by the Kansas City Division of the FBI on June 15, 2006. As you are aware, Special Agent Schaefer visited your office on April 19, 2006, as a result of your public allegations and correspondence to Assistant United States Attorney, Marietta Parker, that members of the Lawrence Police Department were conducting an investigation and identifying themselves as FBI agents. On April 19. 2006, when SA Schaefer visited you in your office et 601 Missouri" ~,.'l:e 3, TJ~W!'er!l~e, Kar~as 66044, you ad,:.'i.st:·~: .r.i.n. tb.::lt vcu ~lCA\~ .,-:~) :l_. I~I~-~.\-'~ I~Jti-;~.es...:::'>,c: t'f.tla r.la~,_me:1 that members ?f the Lawrence FaU.ce Dep'" rtment ident ified themselves J

as

F8~L

a ]ents du r i.nq an r.. '/\33

~iga·t ion ~

On April 19, ;;ddh, Sl\ SeC-,aster' r.eques t ed those names and yO\ idvised him trod., " c , .ce.;.:' I)ot have the names and that: your investkgator, Cecilia Wood, had those lists of names.

.c' •••.,

;.

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Case 2:07-cr-20124-CM-JPO

Document 153

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Page 31 of 50

~ -.

From April 19. 2006, until June 16, 2006, (sixty days later)the Kansas City Division of the FBI and SA Schaefer had not received any correspondence or information concerning your

initial allegations.

The two meetings you referenced as scheduled with SA Schaefer in your letter dated June 30, 2006, were set' by you without verifying the availability of SA Schaefer. Any future meetings/interviews should be verbally verified with SA Schaefer. Simply leaVing a voice mail message advising SA Schaefer that you have a meeting set up on a specific date at a specific time will not guarantee SA Schaefer's availability. SA Schaefer can be reached at 816/512-6640.

Sincerely Kevin L. Stafford Special Agent in Charge '~r-.....,

B~

o·

mothy\A. Gallaghe Supervisory Special

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Case 2:07-cr-20124-CM-JPO

Document 153

Filed 11/03/2008

Page 32 of 50

,'.

THE SWAIN LAW OFFICE Sarah G. Swain, Attorney at Law Theno Office Complex 601 Missouri, Suite s Lawrence, KS 660404< (785) 842·2787

Park Cherry Building 110 N. Cherry, Suite 2+0 Olathe, KS 66051 866-550-2787

June 14, 2006 Bob Schaefer. Special Agent Federal Bureau of'Investigation ISOO Summit Kansas City, MO 64< 106 Dear Mr. Schaefer: Enclosed please find the affidavit that we executed with Ms. HeJm. We are still working on getting other affidavit's executed, but as I'm sure you are aware, many people are too scared to come forward and go public with their accusations against the Lawrence Police Department. We appreciate your efforts in investigating what we believe to be police misconduct. If there is anything that I can do to assist yOli with your investigation, please don't hesitate to contact me at the numbers or addresses listed above.

n
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Case 2:07-cr-20124-CM-JPO

-',

• • • • •

Document 153

Filed 11/03/2008

Page 33 of 50

E-mail stQ.!Y Printer-friendly E-mail editor Comments (44) iPod friendlv

FBI inquiry under way in conduct of police Some allege that officers posed as federal agents

ByRon Knox Thursday, June 15, 2006 :he Federal Bureau of Investigation is questioning whether Lawrence Police officers have Improperly posed as federal agents when interrogating suspects, the Journal·Wol'1d has learned. . The FBI inquiry stems from allegations that Lawrence Police claimed to be agents from the FBI when questioning people during the police Investigation of an alleged fencing operation at the Yellow House secondhand shop, 1904 Mass. . ~'.

"We are attempting to resolve whether or not a person or persons farsely represented themselves as FBI agents,· FBI spokesman Jeff Lanza confirmed Wednesday. Lanza would not comment further. But sources with knowledge of the investigation told the Journal-World tile FBI inquiry was prompted by complaints from Sarah Swain, attorney for the secondhand store, and others close to the fencing probe.

The sources also said the FBI was never involved in the actual fencing investigation, but was only involved because of allegations against the police. ,

The Lawrence Police Departmentwould not comment for this article because It involved another agency's investigation, spoKeswoman Kim Murphree said wednesday. Agents from the FBI have already met with SWain and the police department, in part to establish that the FBI was not actually involved in Investigating the YelloW House.

The meeting between Lawrence Police Sgt. Mike Pattrickand FBI Special Agent Bob Shaeferwas at the requfit of Swain, who had heard from Yellow House owners Guy and Carrie Neighbors and others that FBI agents were using the Douglas County law Enforcement Center to InteMew people who sold merchandise to the store. That allegation culminated in a sworn aff\davitfrom Lawrence

...

6/1512006 10:08 AJ

Case Document 153 rD' Inqull)' unClllr way 2:07-cr-20124-CM-JPO In OOI)(luct ofpolice I WWortd.com

Filed 11/03/2008

Page 34 of 50

~~:J/W~w2.ljworld.oolnln~oI2OO61JUoll 'ItbUnquJry_UDder_way•• '

,. ~ . .... resident Laura Helm, Who said two men identifying the","1vea as Fer agents had taken her from her brother's home to the '\.Aol·'f. ,

Photo by Thad A!I!nder .-A, , ,

police station to interview her.

Carrie Neighbors walts for custom"... inside her

secondhand store. The Ye.ow House, 1904 Mass. The Federal Bureau of Investigation is lookIng into the lawrence Po~ce Department because of allegations that officers were posing as federal , agents in a feo<:ing probe Involving Vellow House.

ACCOrding to the affidavit, the men questioned Helm for 90 minutes before driving her back to her brothe",. home. "They questioned me about items I had sold to the Vellow Hou~e in the past,"she said in the affidavit. "They told me they obtaIned my name through checks that were written by the Yellow House." Helm said in the affidavit that the men had gune and blIdges on their belts, and that at least one of the men knewthe door code needed to enter the Law Enforcement center. ~e!m Is on probation for attempted forgery and reported the Incident to Harley Eddis, her probation officer, the affidavit said.

During the meeting of Swain, Pattlick and Shaefer, Swain said both men told her the FBI had no involvement in the Vellow House investigation.

"Shaefer told me that the FBI would not be Involved," Swain said. "11Iere Is no Interagency task force or anything like that."

When Swain contacted the police department to confirm the FBI's involvement in the investigation of her clients. Lawrence Police ChiefRon Olin would only confirm that the appropriate federal agents had been contacted, accordIng to a Iett8f from Olinto swain, copy of which was obtained by the Journal-World.

•

"(LPD) Officer (Jay) Bialek assures me that he has contacted the agents Involved and has informed them of your wish to be contacted," he wrote Swain. Bialek is involved in the lnvestigetion of the Yellow House.

.

OlIn 88id in the letterthat he would not nameany federal inveatig8tofe Involved, but did mention the meeting bel\ween Swain. Patlrfck and Shaefer, and said that all further questions should be addressed to U.S. Atty. Marietta Parker, who Is handling proeec:uIlon on the federal level. Jim Crose, spokesman for the U.S. Attorney's Office. would not comment on whether his

office was involved in the fencing investIgation. PoIioe acknowledged assistance from the Internal Revenue Service and the U.S. POIt8I SeNlce In a news release from December When police served an InltI81al!8JdI W81'rant agllinllt Yellow House. The release caUed the aReged fencing operation, which e~taUs the ~ulch888 and . . . . d BtoIen goods, ·one of the largest, most sophisticated fenCIng operabon8 we I18V8 seenIn

Lawrence," 6fISl2G06 10:0. AM

Case 2:07-cr-20124-CM-JPO

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.•• -r->,

FBI inquiry stalled by lack of formal complaint By Ron KJli~~ June 21, 2006 Advertisement

A federal probe into possible misconduct within the Lawrence Police Department has stalled as the FBI waits for a formal complaint to be filed. FBI spokesman Jeff Lanza said no one had come forward with a fonnal complaint alleging anyone posed as FBI agents when questioning people in relation to a police investigationof an alleged fencing ring at the Yellow House secondhand shop, 1904 Mass. "We cannot move forward without a formal complaint," Lanza said. Lanza previously said the FBI was looking into the matter. Samh Swain, attorney for Ye1Iow House, said she and a private investigatorwere wodrlng to set upa meeting between the FBI and people who allegedly bave been interrogated by police officers claiming to be federal agents. r: ".

Swain also said a private investigator sent the FBI at least one sworn affidavit that should serve as a formal Complaint. The Lawrence Police fencing investigation, which began last year, has focused on the alleged purchase and resale of stolen goods through the secondhand store and online sales. IICcording to a police news release from December 2005.

Police have served search warrants at the Yellow House and HI the home ofGuy and Carrie Neighbors, the store owners, in relationto the case. No charges have been filed as a result of the monthslong fencing investigation.

The police deplll1ment has declined comment about the FBI inquiry, saying it was against depaitment policy to discuss another agency's probe. More .bout tile inqlliry • • • •

Poli~H~1'~_\~.b9ard-llQ.l§ible §.N~~'LYi.~ltQ;J;lUlJ.lv~!igati'JH !)LY.!il.!Qtt.H!!.\lli.~. ~!iI!&co!lliID.u;s

I'm inquiry under way iII cimuU,! of police (06-) 5.(6) Letterfrom Police Chj~f RonJ2Hn to Sarah Swain aboy.t the investigation CpdO

• Affidavit on ~Ucgcd improp,'r .t'}',-tics \lscdJ!y poli<x' officers (.!?!!!l

• h:!!if'? ~~al!:!LYel'o~.H!)m;£j!!.!1tQ!~!.~!1j!U'9]!!gattl;W. (05-l)9-9li! • fU911i P.!QYJi.!9jM!~I<.WQmmU()JJ~I1.9.!lLIdlQ.wJIQ"b"£ 11I.9.!t-9_@!:I1::P..0 r: <.

• YellowHouse store O",,'nCI'S to haye party to thLUlk sllpporters (03 -02-06)

Case 2:07-cr-20124-CM-JPO

Document 153

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-'FBI clears Lawrence Police of impersonation allegation Yellow House Store, ownen' residence l!Ierved with two more I!Ieardt warrants in ongoing fencing investigation

July 8, 2006 Advortisemllllt

The FBI says it's clearedLawrence Police of an allegation that an officer im.pta'sonated IIIl FBI lIgtWl during the investigation of an alleged fencing operation at the Yellow House used appliance store. "We looked into the situation and found no evidence to indicate that anyone impenonated BD FBI agent," FBI spokesman Jeff Lanza said Friday, The news camethe same day the U,S, Postal Inspector's office, assisted by Lawrence Police and the Internal Revenue Service. served two more search wallant8 at the store at 1904Mass., and at the home

ofowners Guy and Carrie Neighbors in the 1100 block ofAndover Street. Authorities said they were looking for e-mail records, surveillance tapes, receipts, computers, sealed merchandise and salesrecordsfrom the onlineauction service eBay. """\

Photo by 'l'ha,l AI1Cllot', Guy and Carrie Neighbors say that they don't buyor sell stolenproperty at the Yellow House Store. 1904Mass. The U.S. PostalInspector'soffice servedtwo search warrants on Friday and searched the Neighbors' home and business in an ongoing fencipg investigation. It's the 1atest twist in an investigation that's beengoins on sinceDecember, when Lawrence Police said they'd uncovered whatthey describe as a large-scale, sophisticated fencing operation. So far. there have been at least five search warrants served, but no one has been arrested and no charges have been filed. "I think this whole thing is around our eBay sales," Guy Neighbors said on Fridayas he stoodoutside his store, whichwas surrounded by yellowpolice tape. "It's been, what, eightmonthsnow?I don't know. Maybe they have more than I know." TheNeigbborses maintain their innocence and have been critical of police at every turn.

Case 2:07-cr-20124-CM-JPO

Document 153

Filed 11/03/2008

Page 37 of 50

THE SWAIN LAW OFFICE Sarah G. Swain, Attorney at Law Theno Office Complex

Park Cherry Building 110 N. Cherry. Suite 240

601 Missouri, Suite 3 Lawrence, KS 66044 (785) 842-2787

Olathe. KS 66051 866-550-2787 June 30, 2006

Bob Schaefer, Special Agent Federal Bureau of Investigations 1300 Summit Kansas City. MO 64106 Dear Agent Schaefer: On June 14, 2006, I forwarded you a copy of

a swom affidavit that alleged illegal

police conduct on the part of the Lawrence Police Department. Since that date. I

r--.

have tried contacting you on at least six occasions to set up a meeting with you, Ms. Helm. and myself. At this point, I have been unable to speak with you on the phone, and I have not received replies to the numerous voice messages that I have left for you.

I contacted you twice regarding setting up a meeting with Ms. Helm. I told you that I would be available to meet with you and Ms. Helm regarding your investigation on Thursday June 29, 2006. Obviously, that meeting didn't lake place. At this point, I am unsure about your intentions regarding this investigation. While 'you seemed concerned about lhese issues during our first meeting that involved Sg!. Patrick from the LPD, I am cGrtainly not convinced from your actions or lack of investigation during the last two weeks that this is something that you intend to pursue in any sort of meaningful manner.

I am currently pursuing possible other avenues for an investigation oftha LPD,

. and I would appreciate some clarification from the FBI about the manner and/or

extent of any investigation that your agency intends 10 pursue. Ce~ainly. I ~I! keep YOIJ apprised of any further developments on my end, and' WIll be awaIting a call from you regarding a meeting with IV.s. Helm.;

n~.L

Sarah G Swain Attoff1e.y at Law

'.

Case 2:07-cr-20124-CM-JPO

Document 153

Filed 11/03/2008

Page 38 of 50

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Case 2:07-cr-20124-CM-JPO

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Case 2:07-cr-20124-CM-JPO

Document 153

Filed 11/03/2008

Page 42 of 50

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Document 153

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Document 153~:u)Filed 48 of 50 v:t.4.011/03/2008 7 / ~~7 '•.. Page ,

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£H January 22, 2007 PROSECUTORAL MISCONDUCT TO THE HONORABLE JUDGE LUNGSTRUM:

I have.been saying since April 20, 2006, I want a copy of my discovery. I n~d to see the evidence that the Government thinks it has against me so I can adequally prepare myself for trial. Instead of following the laws of the United States this overzealous prosecutor has taken the law into her own hands. She has been trying to take away every tool I have at my disposal to help ·me vindicate myself. This prosecutor has attacked and harassed everyone (inclUding my paid attorneys) who have been trying to help me just so she can wrongfully convict me. In my opinion the prosecutor has broken the laws and not given me a fair chance to defend myself as follows:

A.

B.

2. )

A.

3. )

A. B.

4.) A.

B.

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The prosecutor (Tera D. Morehead) is not giving me a fair chance to defend myself.

1.)

9

December 18, 2006, the prosecutor lied to the court and judge. . The judge asked the prosecutor if there was any Governmental restrictions concerning my discovery and the prosecutor replied, "No". Leigh Bledsoe, Tim Schemica, Baltizar Salazar, Robin Fowler, and Bruce Kips have shown me a letter from the prosecutor and signed by Tera D. Morehead stating that in accepting the discovery from her they are agreeing not to: 1.) show me th~ discovery, 2.) discuss with me the discovery, and 3.} they are not to make any copies of the discovery. The prosecutor has taken things out of my discovery. Certain things that I have asked my current attorney to see that I have seen from other attorneys are no longer in the discovery. ie. Arrest warrents, application to search warrants, and parts of search warrants somehow have disappeared. On April 28, 2006, (my detention hearing) the lead detective Greg Lawson, was caught lying on the witness stand under oath, to the court. Instead of charging Greg Lawson with perjury, the prosecutor threatened and harassed my then attorney Tim Schemica. The prosecutor knows that law enforcement has falseified police documents and she has looked the other way. l.} April 20, 2006, police said I had used my vehicle and hit them, 2.) police officers said I said things that I never said, and 3.) gun reports no longer have Michael Orr's name on them. The prosecutor and police officers have used coercion on Leigh Bledsoe. They told Leigh there was a chopped up dead body with bullet holes in it in my storage shed. Police officers made Leigh get in their police car and drove

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1. Told me the government does not give out the discovery any-

more and that I will never see it or get a copy of it. 2. The prosecutor supoenied Melanies bank records. 3. On August 23, 2006, Melanie came to CCA and asked me some questions about Tim and his form of payment. 4. On August 25, 2006 the prosecutor called Leigh at work and asked her the exact same questions. D. Robin D. FQ,wler 1. Told me that certain things that I tell him he was going to report to the prosecutor. 2. Told me the Government does not give out the discovery. 3~ I told him certain motions to file and he said he could not file them. 4. I told him to fight an ex parta and an in camera deal the prosecutor was trying to do against me. Fowler told me not to worry about this because it will never happen. My next attorney told me in the discovery was an in camera that had been done on me with Fowler and the prosecutor. E. R. Bruce Kips 1. Told me the prosecutor said I am not allowed to have any part of the d~scovery and showed me the letter containing the contract about giving the dicovery to him. 2. I told Kips the same motions I told Fowler to file and fully expect him to file them along with giving me a copy of the transcripts from all of my court dates.

7.)

Prosecutor has violated my Bill of Rights. A. Amendment V. - Deprived me of my life, liberty and property. 1. Life - The prosecutor so far has robbed me of nine months of my life. 2. Property - The Government is holding personal property Of, mine that I want baCk. ie. DeVry student Id cards, credlt cards, expired drivers license cards and electronic equipment. B. Amendment VI. Right to a speedy trial and effective assistance of council. 1. 210 days after I was incarcerated I was given mY,indictment after I told the judge I didn't have it. 2. 278 days after I waS incarcerated I still have not been able to adequately view the evidence against me. 3. The prosecutor has taken three paid attorneys from me and forced me to use two court-appointed attorneys that she has a strong influence over.

3.

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r am not aware of any situation in the world in which there is a system of Jurisprudence that is recognized by civilized people, where an individual can be tried without and convicted without seeing or knowing the evidence against him. Some of the motions that r have told my attorneys to file and expect them to file are:

1.) A. 2.) B. 3.) C.

<

Motion for Discovery citing Brady v. Maryland, 373 U.S. 83, 83 S.ct. 1194, 10 ~.Ed.2d 215 (1963), Motion for Exculpatory and Impeaching Evidence citing Giglio v. United Stated, 405 U.S. 150, 92S.Ct. 763, 31 t.Ed.2d 104, and Motion for Early Disclosure of Jencks Act Material citing the Jencks Act: 18 U.S.C 3500, 18 u.s.c. 3500 le)(l), 18 U.S.C. 3500 (e)(2), 18 U.S.C. 3500 (e)(3).

Sir, I am an American citizen. Born and raised in America and having thus done so the constitution of the united Stated Government guarant~es me certain unalienable rights that this prosecutor cannot ~ake away from me. Judge Lungstrum, could you please protect and make sure this prosecutor does not make any more evidence in my favor disappear.

Thank you for your time and consideration.

James McKeighan