Marietta Parker Case No 07-20124-02-jpo Guy And Carrie Neighbors Motion To Revoke Bond Mental Evaluation Cause Hearing

Case 2:07-cr-20124-CM-JPO Document 165 Filed 04/27/2009 Page 1 of 9

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

(Kansas City Docket)

UNITED STATES OF AMERICA

Plaintiff,

) )

) )

v.

) Case No. 07-20124-02-JPO/CM ) )

GUY MADISON NEIGHBORS,

Defendant.

) ) )

UNITED STATES' RENEWED MOTION TO REVOKE DEFENDANT'S BOND or, IN THE ALTERNATIVE, MOTION FOR MENTAL EXAMINATION AND FOR SHOW CAUSE HEARING

Comes now the United States of America, by and through the undersigned

Acting United States Attorney and herein moves this honorable court to revoke the defendant's bond for failure to comply with the terms of his pretrial release order in the above-referenced cases or, in the alternative, moves for an order for a mental

examination of the defendant. In support of this motion, the government offers the following:

Relevant Procedural Background 1. The United States incorporates by this references all claims and allegations set forth in it's Motion to Revoke Bond (Document (Doc.) 65) and the exhibits filed 1

Case 2:07-cr-20124-CM-JPO Document 165 Filed 04/27/2009 Page 2 of 9

thereto (Docs. 66, 67), filed on May 1, 2008.

2. On July 18 and July 21, 2008, this Court conducted a hearing on that motion' but before a decision was rendered on the issues, the parties submitted an agreed-upon

temporary restraining order "which specifically prohibits all parties in this matter from

making any statements, other than to members of the defendants' immediate family... in writing, orally or by electronic dissemination, either personally or indirectly through

any party, including but not limited to any internet sites or through any form of communication whatsoever which mentions the names of any witnesses, attorneys, potential witnesses or of any persons associated with the investigation or prosecution"

of case No. 07-20123 and case No. 07-20073. (Doc. 118, p. 1-2). 3. On August 18, 2008, the provisions of the temporary restraining order were made part of the conditions of the defendants' bond in the cases styled United States v.

Guy and Carrie Neighbors, Case No. 07-20124 (Doc. 132) and Case No. 08-20105-

27) Each of those orders provided in pertinent part: "Conditions

01/02-CM/JPO. (Doc.

of release in the Obstruction Case wil track those (which) have been previously set in

Case No. 07-20124 (the "EBayCase") (Docs. 5 and 9). In addition to those conditions, defendants shall comply with the agreed restraining order in the EBay Case (Doc. 118)."

(Docs. 132 and 27, p. 2). The defendant, Guy Neighbors, has again2 failed to comply with these conditions of his bond

J The United States requests the Court take judicial notice of all of the evidence

received at the hearing on that Motion. -

2 See Doc. 128 and Doc. 142, Motions to Revoke Bond in Case No. 07-20124. 2

Case 2:07-cr-20124-CM-JPO Document 165 Filed 04/27/2009 Page 3 of 9

Violations of Conditions of Bond 4. On Wednesday, April 22, 2009, the defendant, Guy M. Neighbors, sent by electronic mail, a message to various individuals under the heading "Lawrence Police

offcer Mike McAtee corruptly operates as a Federal agent crossing state lines to interrogate and harass people for federal Prosecutor Terra Morehead." (Exhibit 1,

attached). Attached to that e-mail were various documents, one of which was entitled "Notice of Motion Requesting a Change of Venue and to Have Both Prosecutors Recuses (sic) Themselves from Said Cases as To Avoid the Appearance of A Conflict of

Interest." In his e-mail message, the defendant reiterated statements that he knew to be false, to wit:

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

2. Lawrence Kansas Police offcers Jay Bailek and Mickey 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 (sic) juristictions (sic) to cover-up for Federal Prosecutor Marietta Parker, who

is conspiring to cover-up police misconduct. The defendant is fully aware that all of the individuals mentioned in these paragraphs

are witnesses in the case or are attorneys representing the government. In light of the un-controverted evidence received at the hearing on the government's first motion to

revoke bond and by his own admission that the allegations of sexual misconduct are

3

Case 2:07-cr-20124-CM-JPO Document 165 Filed 04/27/2009 Page 4 of 9

mere rumors, it is clear that the defendant intentionally and purposefully violated the

conditions of his bond. Therefore, the United States respectfully submits that Guy M. Neighbors continues to engage in conduct that constitutes a violation of § 21-4004, K.S.A., criminal defamation; of 18 U.S.C. § 1503, influencing an officer3; and of 18

U.S.C. § 1512, witness tampering. Without question, the e-mail sent by the defendant on April 22, 2009, constituted a violation of the conditions of the defendant's bond and establishes that he is unwilling to conform his behavior to the order of the court.

Therefore, the government requests that the defendant's bond be revoked and that he be detained until the completion of the trial of this case.

Motion for Mental Examination Should the Court determine that there is insufficient evidence of the intentional

violation of the terms of Guy Neighbors' supervised release, the United States respectfully submits that the false statements the defendant published in his e-mail of April 22, 2009, gives rise to the inescapable conclusion that he is currently suffering

from a mental disease or defect that prevents him from conforming his conduct to the requirements of the terms of his pretrial release or that he suffers from a mental disease

or defect that causes him to be subject to delusions. Clearly, the defendant should know that several of the above-referenced statements are not true because at the

3 The false allegations of professional and sexual misconduct by the prosecutors

taken together with the demand in the attachment to the e-mail, entitled "Notice of Motion Requesting a Change of Venue and to Have Both Prosecutors Recuses (sic) Themselves from Said Cases as To Avoid the Appearance of A Conflct of Interest" indicates that the defendant continues in his attempts to prevent the attorneys for the government from prosecuting the cases now pending against him, a clear attempt to corruptly influence these officers of the Court in the lawfûl performance of their duties. 4

Case 2:07-cr-20124-CM-JPO Document 165 Filed 04/27/2009 Page 5 of 9

hearing on the government's first Motion to Revoke Bond, it was established that: all

physical evidence recovered during the investigation of this case is either in the custody of the Lawrence, Kansas, Police Department or has been returned to the rightful owners (Doc. 150, Transcript of Motions held on July 18 and 21, 2008, testimony of S.A. D.

Nitz, at pp. 217-18); that neither Offcer Bailek nor Officer Rantz posed as FBI agents

during the investigation of this case (Doc 150 at p 37-38, testimony of P.O.M. Rantz); and that F.B.I. S.A. Walter Robert "Bob" Schaefer conducted an investigation of those

allegations and was unable to corroborate the allegation. See (Doc. 150 at p 186-192,

testimony of S.A. W. Schaefer). In addition to the reassertion of these allegations, the defendant made false and

defamatory allegations of misconduct by the prosecutors in this case without any basis

in fact to support those allegations. In his e-mail of April 22, he states: Where is the oversight of Government spending and constitutional

law that

WOLlld 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 . (sic) Constitutional rights without consequence. Now we are hearing rumor of a sex scandal involving high ranking officials, the same officials who are the alleged violator (sic) of human rights. Please we need a complete investigation into these two prosecutors and the cases they have prosecuted.4

Ex. 1. These statements establish reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect such that he rendering him

currently unable to assist in his defense. 4 Counsel for the United States categorically and unequivocally deny each and

everyone of the allegations made against them in the defendant's e-mail of April 22nd. 5

Case 2:07-cr-20124-CM-JPO Document 165 Filed 04/27/2009 Page 6 of 9

Title 18, United States Code, Section 4241 (a) provides in pertinent part:

(a) Motion to determine competency of defendant - At any time after the commencement of a prosecution for an offense and prior to the sentencing of the defendant,... the

attorney for the Government may file a motion for a hearing to determine the mental competency of the defendant. The court shall grant the motion, or shall order such a hearing on its own motion if there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect rendering him mentally incompetent to the

extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense.

(b) Psychiatric or psychological examination and report.--

Prior to the date of the hearing, the court may order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, pursuant to the provisions of 4247(b) and (c.) Title 18, United States Code, Section 4247 provides in pertinent part:

(b) Psychiatric or psychological examination. - A psychiatric or psychological examination ordered pursuant to this chapter shall be conducted by a licensed or certified psychiatrist or psychologist, or if the court finds it appropriate, by more than one such examiner.... For purposes of an examination pursuant to an order under

section 4241, '" the court may commit the person to be examined for a reasonable period, but not to exceed thirty days, ... to the custody of the Attorney General for placement

in a suitable facility. Unless impracticable, the psychiatric or psychological examination shall be conducted in the suitable facility closest to the court.. The director of the facility may apply for a reasonable extension, but not to exceed fifteen days under section 4241, ... upon a showing of good cause that the additional time is necessary to observe and evaluate the defendant.

(c) Psychiatric or psychological reports. - A psychiatric or psychological report ordered pursuant to this chapter shall be prepared by the examiner designated to conduct the psychiatric or psychological examination, shall be filed with the court with copies

6

Case 2:07-cr-20124-CM-JPO Document 165 Filed 04/27/2009 Page 7 of 9

provided to the counsel for the person examined and to the attorney for the Government, and shall include-(1) the person's history and present symptoms;

(2) a description of the psychiatric, psychological, and medical tests that were employed and their results; (3) the examiner's findings; and (4) the examiner's opinions as to diagnosis, prognosis, and-* * *

(A) if the examination is ordered under section 4241, whether the person is suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is

unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense....

Because of the defendant's most recent publication of information he knows to

be false, in violation of the clear and unambiguous language of the temporary restraining order and the orders of the court relating to the terms of his pretrial release,

the United States submits that this conduct gives rise to a reasonable belief that the defendant is currently unable to understand the proceedings and to assist in his own

defense. Therefore, the United States moves this Court for an order directing the defendant to the custody of the Attorney General pursuant to 18 U.S.C. §§ 4241 4247 for a mental examination to determine if the defendant is suffering from a mental

disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense.

WHEREFORE, for the foregoing reasons, the United States respectfully requests

that this defendant be found in violation of the terms of the temporary restraining order and his pretrial release conditions and, for the reasons stated in this motion and in the

7

Case 2:07-cr-20124-CM-JPO Document 165 Filed 04/27/2009 Page 8 of 9

government's prior Motions to Revoke Bond in Case No. 07-20124 (Docs. 64 - 66 and

129) and that he be detained. In the alternative, the United States respectfully requests an order directing the defendant to the custody of the Attorney General pursuant to 18

U.S.C. §§ 4241 and 4247 for a mental examination to determine if the defendant is suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings

against him or to assist properly in his defense.

Respectfully submitted, s/ Marietta Parker. KS Dist. Ct. #77807 Acting United States Attorney 500 State Avenue; Suite 360 Kansas City, Kansas 66101 Telephone: 913-551-6730

Facsimile: 913-551-6541 E-mail: marietta.parker(gusdoj.gov ELECTRONICALLY FILED Attorneys for Plaintiff

Certificate of Service I hereby certify that on the 27th day of April, 2009, the foregoing was

electronically filed with the clerk of the court by using the CM/ECF system which will

send a notice of electronic fiing to the following: John Duma 303 E. Poplar Olathe, KS 66061

Attorney for Defendant Carrie Marie Neighbors

8

. Case 2:07-cr-20124-CM-JPO Document 165 Filed 04/27/2009 Page 9 of 9

Cheryl A. Pilate Morgan Pilate LLC 142 N. Cherry Olathe, KS 66061 Attorney for Defendant Guy Madison Neighbors

I further certify that on this date the foregoing document and the notice of electronic filing were mailed by first-class mail to the following non-CM/ECF participants:

None

s/Marietta Parker Acting United States Attorney

9

Case 2:07 -cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 1 of 61

EXHIBIT 1

Case 2:07-cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 2 of 61

Lawrence Police officer Mike McAtee corruptly operates as a

Federal agent crossing state lines to interrogate and harass people for federal Prosecutor Terra Morehead

Following a mistrial in Federal court, Lawrence Kansas Police offcer Mike McAtee traveled across state lines into Florida acting in the capacity of a Federal agent to investigate, and harass family

members of Johnnie Wiliams, Zachary Wiliams 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 Willams mother, Elizabeth K. Richardson Grandmother of Terry McIntyre, Johnnie Wiliams and Zachary W., Reina Mejia Zachary Willams girl friend, and

Devon Edwards Lucinda's sister and Terry McIntyre's mother. These family members were interrogated by Lawrence Kansas 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 Wiliams, Terry McIntyre and Zachary Willams.

Questioning the appropriation of funds for travel expenses for a Lawrence Kansas Police offcer, 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 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 Lawrence Kansas 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 offcers 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 coverup 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 lacking 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. 2

Case 2:07-cr-20124-CM-JPO Document 165-2

Filed 04/27/2009 Page 3 of 61

S. 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 milions 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 offcers acting as Federal Investigators, repeatedly violating citizens Constitutional rights without conseq uence.

Involving high ranking offcials, the same offcials who are the allege violator of human rights. Please we need a complete investigation into these two Now we are hearing rumor of a sex scandal

prosecutors and the cases they have prosecuted.

P.S. The last two pdf files wil show a pattern of abuse by the Lawrence police offcers. The PDF file of Jessica is her statement that offcer Jay Bialek and Offcer Mickey Rantz impersonated FBI

agents during their investigation of the yellow house store. The last PDF file is a change of venue motion filed in the yellow house case and if you will take a look at the last S-pages you wil see the formal complaints the inmates named in this letter filed in

their cases. These complaint wil show a pattern of abuse. The only bad mistake is the one from which we learn- nothing.

Rediscover Hotmail(8: Get e-mail storage that grows with you. Check it out.

3

ocument 165-2 Filed 04/27/2009 Page 5 of 61

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Case 2:07-cr-20124-CM-JPO Document 165-2 .. Filed Cf4/27/20~Page 12 of 61 Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/200r-'\"'Page 1 of 50 (J ~ t'Jr/Lt!) D¡šrRl~': t tfICr C."i,.!i

IN THE UNITED STATES DISTRICT COURT !f Nay i.raF"J:,i;~š;:l p.'l I: r;3

FOR THE DISTRIC OF KASAS "UNITED STATES OF AMERICA

v.

Plaintiff,

Case No. 07-20124-01-02-

Carre M. NEIGHBORS

~JW ()v

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 cour to change the venue of all the cases UNITED STATES V. GUY NEIGHBORS

& CARE NEIGHBORS 20124-01-01, 07-20073-01/02 jwlldjw, 08-20105 jwl/jpo, from the State of Kansas to the State of Nebraska, and that the

Prosecutors Mariett Parker and Terra Morehead Recuse themselves from the cases on the grounds that the Defendants cannot receive a fair trial or be tred by

an impartal prosecutor in the State of Kansas.

I(

Case 2:07-cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 13 of 61 Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 2 of 50

Wherefore the defendants pray that the cour will grant this ask

request in the interest of Justce, and the defendants would respectfy

the honorable cour to cour to consider the special circumtaces

surrounding this case in that the proseutor is now actng Distrct Attorney for the Distrct of Kansas and the defendants have filed motions claiming

prosecutorial misconduct, have exibits from other defendants that will show

a pattern of abus and said defendants have fied a complaint against

the prosecutors under 42 U.S.C. 1983 for Civil Rights Violatons.

The prosecutor now has a vested interest in getting a conviction above and beyond

the interest of Justce. The defendats pray the cour wil entertn ths pro- se motion as to avoid any appearce of a conflict of interest tht could prjudice the defendants. The 141h Amendment guarantees the fundamental rights of citins to due

proces.i; and such rights require the scmtiny of the Court. If the Cour

decides that it has the right to deny the defendants due process by refuing to consider their pre- tral pro-se motions, then the Cour is failingto insure justice in this case. Alternatively if no change of venue is grnted, then the

defendats ask for a dismissal of al charges.

Because a defendat has no constitutional right to hybrid representation, the decision to allow such representation lies within the sound discretion of

the tral cour. Th case merits such a nee for pro-se motions beuse 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 defendats to exercise their 6th Amendment right to lend assistace ,of their

).

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counsl in their own defense, it is ultimately left to the discretion of the

tral court -to determine whether such parcipation 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 (2d Cir), cert denied 493 US 1081; United States v LaChance, 817 F2d 1491, 1498 (11th 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 Halert, 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.... CONSTITUTIONAL RIGHT TO BE HEARD

The decision to allow hybrid representation implicates the tral cour's

function in ensurng the orderly administration of the proceedings and the special circumstances in this cae. (see, People v Mirenda, supra, 57 NY2d, at 266). As such, it is a matter committed to the sound dicretion and of

the

Trial Judge.

The defendants respectfly ask this cour to change venue or dimiss through this pro se complaint under oath allegig violations of civi and

3,

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Constitutiona rights, conspiracy, direct conflict of interest, and prosecutonal misconduct, and therefore the cours must read the complaint's allegations expansively, Haines v. Kerner, 404 U.S. 519, 520-21,

92 S. Ct. 594, 596, 30 1. Ed. 2d 652 (i972), and take them as tre for puroses of decidig whether they state a claim. Cru v. Beto, 405 U.S. 319,

322, 92 S. Ct. 1079, 1081, 31 L. Ed. 2d 263 (1972). Moreover, "the cour is under a duty to examine the complaint to determine if the allegations

provide for relief on any possible theory." onner v. Circuit Cour of St. Louis, 526 F.2d 1331, 1334 (8th Cir. 1975) (quoting Bramlet v. Wilsn, 495 F.2d 714,716 (8th Cir. 1974)). There are fudamenta rights of citi to due pross and such rits reuir strct scti of

the Court

The cour have assumed that the six amendment rights to representation

exclusive. Under the hybrid

by counel and to defense pro se are mutually

defense the defendant has the actve assistace of counsel but may also

partcipate in his own defense as co-counsel. A necesa tool to ensure

justice when the defendant has been prejudiced by the restrctions placed upon the defense by the Prosecutors in the case.

The defendants are currently represented by competent counel but are forced to file motions pro-se because the Prosecutor has created prejudicial limitations upon the defens~ attorneys, by violating the defendants right to

assis their attorneys in their own defense, and contrlling through liitations 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 attorney

4,

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representing clients in cases she is prosecutig to sign. Al defense attorneys in USA v. Neighbors have confirmed they were forced to sign this

Terra

contract before accepting the case. (see exhibit# i page i &2, a copy of

Moorhead's ilegal contract to withhold discover 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 withold dicover from defendant, nor does this Federal rue

give the Prosecutor the right to only disclose the discovery to the defendants attorney)

The Pr.)secutor has made it nearly impossible for th~ defendants to assist in their own defense, by forcing the defense attorneys to sign a contract that v",., ....4....\IL.~n,.... ..u.v., ....'" ..",...iULU..U.'; LV 'V"'''''', l'J,"l...n;.. V.. V~L"'¡"' ¡.. "".1\. ..tlh"'t .. I.S d""',. l-l.", U ;ic.t"..,1-...l~ l-" .~".... '.0.....'"".. trn "....;lcncø

being used against them. A clear violation of the defendant's rights. Paid attorneys hire by

the Neighbors have ben threatened with "Money

Laundering" charges by the Federal prosecutors in an attempt to control

the defense. (see exhibits labeled money launderng #2) (Defense attorney Sarah Swain told the defendants the prosecutor had

theatened her with "Money Laundering" and therefore would need all

future payments to be made with credt cards. Defense Attorney Aan McKee was theatened with "Money Laundering" and requested that the

defendants set up a payp account usg someone else's name in order to

pay him, then as shown in the exhibit even placed the request for paypal on

the bill. Afer the defendats accused the Attorney of coercion with the prosecutor the payment option was removed. See Exibit #2 pg.2 )

S'~

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yi me. an no. e ree . n as e . ..

Th pJ U~ pr" ~e m"...o...... om...V'-t..s th" fud..LU.."'....t..1 va. "5

unde 1 .ng the sl' xt a ndment d Sw uid b og izd th

consttutionally compelled approach, for defendants implementing "the ..

right to asŠ1stanee of counseL. ~

BACKGROUN: It is a matter of fact that the Prosecutor Marett Parker has a direct confict of interest in Prosecuting this cae and do to the fact she is currently the Acng United States Atorney for the Distct of Kasas, overseing the Justices in Topeka, Wichita, and Kansas

DISTRICT OF KASAS Departent of

City, and is curently in direct control of overseing over 100 attorneys. The defendats caot possibly be asured a fai, un-bias and impartal prosecution and tral in the State of Kasas. The disquaification of

Governent counel is indeed a drstc measur" Bullock\'. Carer, 910 F. Supp. 55 i, 559 (D. Uta 1995) "where it is shown that an Assistant United States Attorney is subject to a confct of interest, the proper remedy generay is to

remove that individua frm the case. Crocker v. Dukin, 159 F. Supp. 2d 1258, 1284-85 (D. Ka. 2001).

Durig the coure of

the investgation stng in 2005 into the Yello""

House Business, the Defendants and their defens attorney along with

numerous witneses tued in formal complaints allegi Police misconduct color of

law violations, racial profiing, rules of evidence

handling violations, evidence storage violations, due process of law

~,

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violations, search violations, false arest, forgery of legal documentation, harssment and coercion of witnesses, along with the allegation of an

altered video being presented to the cour as evdence, and several months

of covert sureillance from the Fire station across the street, absent of a court order. Thes complaints inadvertently were sent to the Prosecutor,

yet the Prosecution has excluded al of this exculpatory evdence frm the defendats discovery files handed over to the defense attorneys in the case.

(In a direct conflict of interes) Al thes complaints were forwarded by Internal Afairs Sgt. Dan Ward under the direcon of Chief Ronald Olin, to

the Kansas City Deparbent of Justice, and ended up in the prosecutor of and action.

thë ca; AUSA Maretta Parkers offce for review

In support of ths alegation: (see exhibit #3 letter from KU Police Director

Raph V. Oliver informing the Neighbors that the compJait was forwrded to the AUSA Mariett Parker and al fuer complaints should be

forwared to her.) Also see Chief OUns letter to attorney Sarah Swain

adviing that Mariett Parker wa the one to address complaints to. (In exhibit #4 pg. 5) Instead of inuring justce on behalf of the defendants rights violations,

the US AtorneYs offce has conspired with law enforc~ment, staged an FBI investigation (see FBI exhbits #4 pages 1 through 15) (Ehibit #4 page 1 &2, Signed affdavit by Laura Helm sttig she was picked up by two offcers posing as FBI agents.) (Eibit #4 page 3 &: 4, Intervew-statement by Brad Perico to Private

Investiator Cecilia Woods statig he was contacted by two offcers

l,

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claiming the FBI was investigating the Yellow House and had him on tape going into the business with a drll.)

(Exbit #4 page 5, Letter to defense attorney Sarah Swain from Police

Chief Ron Olin stating that he could not releas the identity of the Federal Invesators, that Police posing as FBI would be a cnme, and that Special

Agent Bob Shaefer had spoken to her about the issue. He also states, that

fuher correspondence concerning the case should be directed to u.s. Atorney Mariett Parker.) (Ebit #4 page 6 & 7, Leer to Sarah Swan from the FBI explaining tht U.S. Atorney Mariett Parker sent FBI Special Agent Walter Schaefer to

investigate the alegations of police posing as FBI agents, verig 60 days had passed and made reference to repeated unanswered phone cas made

by Swains offce to the FBI in an attempt to set up furter meetigs with SA Schaefer. According to Special Agent Sctt Gentie from the Topeka FBI,

the leter was Signed by a retired special agent Kevn Staord, sent by Tiothy A Gallagher)

(Exbit #4 page 8, letter to Bob Schaefer FBI, from Defense attorney Sarah

Swai) (Exbit #4 page 9 &: 10, artcle in LJworld newpaper that the FBI was

investgating the conduct of police in the Yellow Hous investgation. Jef

Lan7.a alo confed the FBI was not involved in the Yellow Hous

investgation.) (Exibit #4 page 11, artcle in IJworld Newspaper stating that the FBI investgation was stled 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 retu cal, left messages and faxes for SA Schaefer.)

(Ebit #4 page 12, Arcle in LJworld Newspaper confirmng the FBI had

completed the investigation and clea the police of misconduct.) (Eibit #4 page 13, letter to Agent Schaefer frm Defense attorney Sarah

Swai lettng him know she had forwarded a sworn affdavit of ilegal conduct by the Lawrence Police, and had made numerous attempts to

contact him about the matter but had gotten no response from him.)

The Governent in a controlled reacton, used the infonntion contaied investgators to

in the complaints forwarded to her, to use her team of

retaliate and conspire agaist the defendats and then in an abuse of her power, also controlled the defense attorneys handling the case. In order for a defendat to prove conspiracy the defendat need not alege personal involvement by all the partes. When a person is part of a

conspiracy, one does not require a hub and spoke form. One nee only be par of a chai of conspirators.

Law

enforcement offcers Jay Bialek, Mickey Rantz, Michael Rier, Police

Chief Ron Olin, Posta Inspector David Nitz, IRS Agent Robert Jackon

and the Kasa City FBI Agent "BOB SHAFER" Walter Robert Schaefer,

were employed by the Prosecutor as her agents to do the dirt work on her

behalf, outside of their agencies jurisdictions with her fu knowledge and approval. In conspiracy to cover-up, conceal, obstrl1ctjustce, and limit

liability in order to avoid accountability for the Governments unjus actons

r

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against the defendants.

ConsDiracv to violate civil rifl In order for this court to establish a cause of adion 10 change of venue or dismissal for conspiracy, there must be sufcient fact to

support the following elements: 1) two or more persons;

2) an objec to be accomplished;

3) a meeting of minds on the object or cours of aelion; 4) one or more unlawful acts; and,

5) Udamages" direcy linked to the violation of the defndants rihts..

1 Obviously there are tw or more persns involved. 2. The objec to be accmplished is to obstruct justice. cover up for color of law violations and prosecutorial misconduc, obtain a conviction through fraud, to cover up criminal conduct against citizens

by offcials, and to avoid liabilit. 3. The Government dearly had a unity of purpose or a common design

and undersanding in their joint effort to avoid liabilit and conceal Constitutonal rights violations. The Prosecutòrs Terr Morehead and Manett Parkers actions were clearly improper and directly conneced to the conduct of the acting Government offcials under her

command. There is no other explanation as to why these Prosecors

would break the rules to cover up report of criminal activit by Law

10.

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enforcement against a wrongly accsed citien other than that they had joined into a common purpose wih the team.

4. The unlawfl acts against the defendants have greatly prejudice the defense and have been documented through photographs, video's

and voice recordings, court docments, affdavits, and tesimony under oath during various heanngs before Federal Judges

overseing this case.

These are very serious allegations and this court has a duty to the Constitution to protect the integrity of the court.

Therefore, this District of Kansas court, which has a prima facia conflict of interest, has a duty to construe this pro.. S8 motion very liberally and grant the defendants request for

change of venue or dismissal of charges, in order to protec 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 intenered wit the Defendants Guy

and Carrie Neighbors fair chance to defend them.e~v88. Tera Morehead originally charged the defendants wih being unlawfl

users wih firearms. A statute that the case did not qualif under. Because the defendants had no criminal history, there was no evidence

of habitual dru us, and the fireanns were expensive collecr Unon-

If '

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qualifinglt firearms unloaded and unlawflly seized without a warrnt by law enforcement from a loced safe.

enforcement offcers have read fabricated stories by witnesses and lied under oah, to th court . During several hearings before Federal Judges, law

The prosecutor has taken things out of the defendants discovery. Certain

things that were sen in the discovery while in the poseion of past attorneys Bruce Kipps, Ph;ip Gibson, Alex McCauley and James George

have ben changed or switched out. ie. Police evidence report,

statements, search warrnts, recipt for same list. The Court have ben made aware of the fact that the false tesimony by

convicted felon Patck Nieder was presented before the Grand Jury in exchange for an 8 year reducton of his prison sentence. On July 1,1998, a 3-judge pane' of

the 10th Circuit, U.S. Court of Appeals

delivered a decision, in the case US. v. Singleton, The 10th Circuit ruled that bartered-for, testimony in federal criminal court is not only Ilegal and inadmissible, but technicaUy punishab'e 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 Willam J. Zloch threw out the testimony of three accused drug defendants on grounds that it was solicited

J~.

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with a prosecutor's promise of a reduced sentence a violation of federal bribery

laws, he ruled. In this case.

"u.s. Code, Title 18, Section 201cc(2) (the -bribery statutecould not be more clear. 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.1I

A Stii .g video was aftered. ~=id there is (Jocumentt:d missing evide:ice. from the police evidence locker, but the Federal Prosecutors have continued the proscutiuii vï ¡his caSi; gÎlÎ'i"ay.

The Prosecutors havit üõed their influence an.j power of authority

to ~"ntrol the Federai Ageiicies, witnesses and Defense attorneys involved wi this case. in a similar pattrn of abuse of power In other

And have exercised

cases 89 well. (See exhibit

#5 pages 1-5, JOHNNIE WILLIAMS III, case 06-2007-

01-cm.. lettr to Chief Judge Lungstrm alleging misconduct by Prosecutor Terra Morehead) (EXhibit #6 pages 100, JASON McKINNEY dated June 30,208 .

complaint sent to The Ofce of Disciplinary Administror, alleging malicious prosecuton by AUSA Terra Morehead.)

(Exhibit #7 pages 1-4, James McKelghan lettr to The Honorable Judge Lungstrum dated Jan. 22,2007, alleging Prosecutorlal

Misconduct against Terr 0 Morehead)

/3

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The Prosecutors have Interfered with the defense attrneys

filing motions on behalf of their cliets. 1. IE. The Neighbors requested that Attorney Phil Gibson file a motion to release an illegal

lis ~ndens place against their propert by the

Proseutor. The motion was file and Judge Murguia scheduled a

hearing the following week. Mr. Gibsn then canceled the court date. After 3 week delay, the motion was refilled and four days later the

Proseutor filed a Superseding indictent to moot the motion. Wit the sale of the house stil in limbo and the buyers geting anxious the defendants asked Mr. Gibson to refile the motion. he agreed to retile

that weekend but then. even afer repeated requests from the

defendants never did refle the motion. Aftr several more weks the sale of the house had to be terminated.

2' The Prostors in this case have violated the Neighbors Bil of RIGHTSI be

3. Amendment V.- Deprived the Neighbors of life. ii

rti and propert.

A.- Life- The Proseutor has had the Neighbors arrsted by agents

opering outide their Jurisdictions several times. searced, and held in custody. using statutes and Jaws that do not apply. Ruine their businessi reputations within the community. the false allegatons

have co the Neighbors their Foster care license and their affliation

wi the Big Brothers program, In 2005,Prior to any charges beng filed th Government contacted ebav and made false unsubstantated

allegations resultng in the immediat suspension of the defendants seller accunt and also resulted in the defendant money in the Paypal account being frozen., greatly affecng the defendants livelihood and abilit to run their business and pay bills.

l~,

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Public False allegations released to the press include stolen

propert fencing, money laundering and drug traffcking . And on the DOJ press release web site falsely claimed the Yellow House crimes had been investigated by the FBI.

B-Propert~ The Government has been holding Propert since

Deber 2005. propert unlawully seized during the executon of a

violated search warrant. and gaine through an ilegal warrantles search, denying the defendants constitutional right to due procss of law. 4. Amendment VI. Right to Speedy Trial and efecve counciL.

5. A- violation of ñght to speedy triaL. The original charges of being an unlawfl use with firearms was originally droppe wit just 7 days left

before th time limit of a spey trial ran out. The same charges were (e-led as a brand new ease. and the proseor had the Neighbors

strong armed arrested from their home and ilegally searched. B- The original search and seizure was executed in Decmber of

2005. This is now November of 2008.The Neighbors have ben

denie the due procss of Law. have not ben allowed to view the discovery or se the evidence being held against them. Beuse of the Proseutors threats against the defense attorneys. during the three years the case has been in the courts, the defendants have not . had any motions file by the defense atorneys direcy related to

defending the case ie. stndard Motion Reques for evidentiary

heanng, reque to se the evidence, reuest for dismissal. reuet for suppression of evidence. The Neighbors have not been aforded

an investigator to conduct interviews of winess nor has the

Iii ,

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50

prosecution allowed the defendants to see the list of witnesses

scheduled to testif at trial on behalf of the proscuton. C- The Prosecor has forced the Neighbors to loose paid atorneys, and then force them to use court appointed attorneys that are willing to sign her oontract and allow her to maintain a strong infuence 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. Ever¡ lawyer

and proecutor is responsible for bbservance of the Rules of Professional

Conduct. Neglect of these responsibilities compromises the independence of the profession snd the public interest which it seNes. The United States is a government of the people# by the peple, and for thl

people. The judicial system's function is to serv the public by providing a means to serve justice and to resolve disputes. This can only be done in an

environment where hones, integrity, and high moral standards are stn'otly

enforcd. Thera ;s an obvious mix of Conflct of Interest and Special Circumstances in this case that together will pf9vent the Neighbors from entertaining their

J ¡~ .

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Constitutional right to 8 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 respetflly ask the

courts to grant this Pro-se Motion to Change of Venue or Dismiss all

charges.

/7t

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PROOF OF SERVICE FORM this form shall be appropriately filled out and attched when Proof of Service or statement of delivery or mailng is required. A copy of

Personal Deli\'erv: . / i declare that on / /~ 3- ¡)g I personally delivered the attched ¡J j n . ~.¿ V~ Ve IÚJ~ '-.

, (D) C¿ ~ ofDo..cn)

t4/c ~ 'f-t t'~

~ø ~ ~o .tJ~ (Nam ecipient) A (Locaton)

.~0/R (i~) ks

Part 3 I declar under penalty of perjur that the foregoing is tre and correct and that this declaraton was

Executed

(Date) (City) ClLiS 43Jk/J (! (Sig)~ Cf -. (Type or Prnt Name)' on 11-3--0~ a!./).Æf è)-lú0-l1t. J /)shdJ-()f ,Kansas.

Case 2:07-cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 30 of 61 Case 2:07 -cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 19 of 50

.

, U.s. Department of Justice

--

Eric P. Melgren Unite Silltes Attomcy

Distct of Ka KtJ ca" OJIC SlifM 16

W-,ui/a Oicc

lID Epic Cr.m

sOt Si AW'/J Kø.v City Xanøi65/0J..UJJ

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. ... 6 acWledge as cosel for the abve çaptioile defeødat, th I am in rept, on .1 hey

today's dae, ofdiscvei consistofonc'CO with paes which ar bate-sd froniOO1-

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nmUD' all discver to thc U.S. Atii's Offce šo tht it ca be prpe dismi 10 subsûtutc . 'Ol~eJ. Ths agt will also apply to any fU ()r fúl1~ discver prvided by th Oov~eit

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Case 2:07-cr-20124-CM-JPO Document 165-2 Case 2:07-cr-20124-CM-JPO Document 153

Filed 04/27/2009 Page 31 of 61 Filed 11/03/2008 Page 20 of 50

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, ' Re: United Státes v. Jam's McKeighan

Dear Tim;

,'", .',' EndOs~aiep~9,~Vt~I~~~,~~i~-sta~pedf~lno12Q -013å~jchareproVided' to you as dlscöveiy in fliš' case~ Tljše' årft provided lei yoü Wí the understanin that you äte riot td sfióW tH~m (q'jóurolléril 'dr'iQ ptóvide'Çopîe"tÒ' ~nyone fndudln your cliet. If ycM have' a prilèni:WitJlfhis; plä,~'Sij' retû'tiHh.eÏn tò liiè';¿ jr.-Ihe eveiit thåt you wilhdraw

fr~rri .t~s" ca~e, ple~s~ :r~~ù'r.ti aii. dìs~~~~~~ .'!lif" 'Dflf~i.'o that It ~n be property . d;ssem~~tèd to 'Sul;~.fllut~ eónsel,_ PJ~~~" ,~'if ~lJ l~ave" any questins. ,

: ....1.,. O' ::", ..... 0' Sinceràiy~':..' . :, ','

",

I

J~~.:tv~ TERRÄ'D. MuREHËAD.

Ab~ist~~d Státés Áitorey

TMjiilS

. .. 1/ ~?

.

EnCloSures

r'\

.,

-=

~

(r(~~ ,~'O ~\

,,~ rJ t\ \lj~"" (.) .. ti'0'. 1/ ,

Jt

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

Document 165-2

Filed 04/27/2009 Filed 11/

Document 153

~r7

.~ \ /' &. ~ .~fY c Y J)" ~G~J,,'b(l iJ~'\

Law Offce of Aaron C. McKee, Esq.

I'~ll 1\ /tt). )l " * ~ \~iig.._.

,~.~ ~

21604 West 98th Terroe ,_- .-.. Lenexa. KS 66220 Phone (913) 219-062 Fax (913) 764-0652

aaromceemceeaw.co ww.mckee-Iaw.com

1).~Statement

'Y .~ .' For via a 3%creit convenience fee client can: U81n~ oyer may the pay

intemet at \W.mckeë.co.

To:

Yelloouse

Dale

Carrie Neighb

190 Ma8lustts Stret

81112

Lawrence, KS 660

Amunt Enclsed

Amunt Due

$6,057.85

Transaction

Date

08128100

Telephon conf wi Rob Jackson

Amunt

Hours

Rate

Balace

175.00

0.2

35,00

4,692.86

175,00

4.5

787.50

5,480.35

175.00

1,4

245.00

5,725.35

rearding prffer meeting on August 29, 200.

089100 0891200 ~

,

0810100

Attende proffr meeting wit lawrece Po, IRS and USPS.

Tl1veled tolm Lawrence to attend proff

metl.

I

Telephone conf1 wi Carr Nehbo

175.00

0.4

70,00

6.796,35

175.00

0.3

52.50

5,847.85

175.00

0.5

87.50

5,935.35

175.00

0,2

35.00

5,970.35

175.00

0.5

87.50

8.057.85

reardng Guy Neighbors filing Sarh Swain.

0800

Telepon cOnc wit Rob Jackson rearding Guy Neighbors llg SBlah Swain.

08/31/200

Telephone coferce wi Jim Geoge regardng sttu of cas.

08/311200

Teleph coce with Carre Neighb reardng Jim Gerg replacing Sara Swain on c;.

08/311200

Telephone confnce wit Care Neighbor

rl'garding case stregy and settlment n.:guliations.

CURRENT &~- ""

3,380.35 L

1-30 DAYS PAST

DU

31-6 DAYS PAST DUE

61-90 DAYS PAST DUE

OVER 90 DAYS PAST DUE

Amunt Due

2,677.50

0,00

0.00

0.00

$8,057.85

Page 3

Case 2:07-cr-20124-CM-JPO Document 165-2 Case 2:07-cr-20124-CM-JPO Document 153

Filed 04/27/2009 Page 33 of.61 Filed 11/03/2~ Page 22 of 50

~..

Law Offce of Aaron C. McKee, Esq., L.L.C. ~

13970 Santa Fe Trail Drie t.() 1/

Lenexa. KS 66215 ~ X.l . ~ .. ._.. Phon (913) 492-370 -t lw\ Fax (913) 492.3971 Q()~ /~\,." 11 -

asronckecke&løw.(,m 1./ .., \ V

__.co ~Qi) ~~l) ~ ?

. . AII~on'.C. Mllell.1:aq.

Jumbeyinind~mçkee-Ia.com \ w1( \Ï n.

l(lmI.l'lY.... lrèl.Rd. E...

Statement

To:

Yellowouse Caræ Neighbo

Date

I: ,,-

190 Massmusels Stet Lawrce. KS 6604

Amoul En

Amnt Due $4.490.35

Traon

Dae

Rate

Item

091200

TraVeled toom Lawrnce to mee1 wi lance PO.

09101200

Me wi Lawrenc PO an USPS.

091012006

Ho

Amnt

Balance

ACM - Travel

175.QO

1.8

280.00

3.195.35

ACM - Met/.

176.00

2

360.00

3.645.35

Telephone confeenc with Rob Jackson ACM - Telep..

175.00

D.3

52,50

3.597.85

ACM - Tølep...

175.00

0.3

52.50

3.65:.35

ACM - Telep...

175.00

0,2

35.00

3.685.35

ACM - Telep...

175.00

D.2

35.00

3.720.3

ACM - Telep...

175.00

0.2

3600

3.755.35

rearding ca. ".

"

19l00

Tel coer wi Rob JøclOn I8gardlng t:&e.

0911flOO

Tel coerce wi Mfey Rantz reardin potental undercve

opeat. 09f211200

Telepone (,nfenmce with Cane

NeIl1 re 81aa of ca.

091112

Tel ool1 wl Rob Ja rearding status of ca8e.

10112100

Telephon coference with Mickey

176.00

0.2

36.00

3.790.35

Re re ra on LP.

ACM . Telep...

10112/

Telep conmce wt Car

ACM - Telep..

175,00

0.2

36.00

3.825.35

Telephone conf~ wi Rob Jackson ACM - Telep..,

17~.OO

0.2

35.00

3,86.35

Telephone coera wih Came

175.00

0.3

62.50

3.912.85

1010120

Nelghbo rerding raid on LP.

fer sta re.

11/15/2006

ACM - TeI...

NeI røg l. lC PO8 rest to me wi her.

CURRENT

,~

DUe

31.e DAYS PAST DUE

61-9 DAYS PAST DUE

0.00

0.00

2.057.85

1.3 DAYS PA5T

OVER 90 DAYS . PAST Due

Am Due

--

2,432.50 ,

Pa 3 ..

0,00

$4.490.35

Case 2:07-cr-20124-CM-JPO Document 165-2 Case 2¡07-cr-20124-CM-JPO Document 153

Filed 04/27/2009 Page 34 of 61 Filed 11/03/2008 Page 23 of 50

IV~AS

Js 'o-r ~ jÑ'v~

Ofe of Public Safety .

V..'\ ~

g

Octobe 8, 2008

,.

Care and Guy Neigh i 90 Massahustt. Str

'Lawrnce; l(8l 66

De Mr. & Mis. Neighbors On Septmber 16,2008, you delivere a wrtt complait to 1h Univerity orKaas Public

Safet Office. Cata Schuyler Bailey wa th depent rerentave wh reived your complaint. Your complait alegs th on Aug 13,2008, a member of1b Univerity of Ka Public Safety Offce, Detective Michael Riner, commited perjur dur tesny in

Feder cou. By way oftbs letter, I am notifyg you tht your complat ba been provided 10 the U.S.

Attorny's Ofce. That offce is the appropriate investigatve agency to reive a complat of alleged pejur.

in Fed co. The following inividua may be contate should you wh to

prvide any fuer inormon regang your complai ag Detective Michal Ri: AUSA Marett Parer SOO Sta Ave. Suite 36()

Kan City, Ka 66101 913-551-6730

mAtieta.parerCoi .e:ov

~~

. h V. Oliver

Diror

RVO/sp cc: Maret Parer

(LOOl 3126 IlOcl of public Safaty Public Safety 8uUding I 1501 Crestline DrIve, Suite 120 I LiiwrenCt!. KS 66049 (785) 864-5900 ( Fax (785) 864-5211 I WW,ku.lill..s

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

Document 165-2

Case 2.07 -cr-20124-CM-JPO

,. ,

Document 153

Filed 04/27/2009 Page 35 of 61 Filed 11/03/2008 Page 24 of 50

THE SWAI LAW OFFCE Sa G. Swa Atrney at Law

601 M_ssour. Suite 3

110 N. CherT, Sui 240

l .,i..p. .,.,. I( \: l\llnA,f

f)~.i:h~.. KS f:M.si

(ió:ï, ti:izidi

8öô-55û-2787 ¡nf.. &lianOlliLL;Ggw.LvIl

~~~Vt.: .L .'!¡ c:if.cc¡¡¡ci¡i;.~¡.n¡;i ..."'..:.

:.:.~.~ 8:;'it~:i~ :-;1 ¡~ :t:':~

!)¡L.;~. f. i~'.!:(~

FAX TO: Bob Schaefer I FBl

FAXNUMBER: (816) 512-8545

SENDER'S NAM & FAX NUMBER: Sar G. Swa (g (785) 842-2187

,.

RE:

PAGES: J

COMMS:

~

,(l S

..,

Document 165-2 Case 2:07-cr-20124-CM-JPO ~se 2:07 -cr-20124-CM-JPO Document 153

./'.

Filed 04/27/2009 Page 36 of 61 Filed 11/03/2008 Page ~f §:i ¿u

/ WOQD ai, "EStIGA nVE SERVICES, INC. \FFIDA VI"!

l. Ui lllm oflawfa ap. bcll fùlly swom up oe sis: Thill. in caly March 200, I y,es cunuc: by rwo me wbl- J was -l'iDS- m"

btui. tRAy M.ybelJ~ iu lø at 2200 ~. C-l ~. Xa i il

un of di di. li i i,u im it W..lI seve wcs. ll Ii .. l1 Il we I 1i-c. bu L ¡l1t CM \i ib date di tw Jh ~nØlI an la me wa Mih 6. :! ~n 9:00 Lm. .10:0h.m. ". 1'h-.it.lh iw men. aph:d m~' ru~ 1inlhskedlO sp..wi1b'l. r ca

bo -nti Utl h ma ~ a 'kIlIL ~'QS", . Jitlle liUy _ibo 1p li ba.

Tb åia Jill mò or ilI iia.iø¡ dall OW~. He -l 1t i-ic, wJic: l do G'

i-1.1I -l:iMl tJ~ lI'Ork.. widl it "Fed 8ui "fln\'i-" HI cl1l'.,

/. 91 l~ ii~ "..M 'ho r:riiir. biw ØI. (' _an it ..u a vi!t4 *,.di hi,

ft 1)" ii a bllP buld ibi l- IbIl Tb ØI II ... 00 ., nw ni

~~

~'i'r.c! !J1ari did lell i~ i 'XJl~ i' in rl'uble but Guy ell t=1I1! Nclbb we. "Ø

me llCl ..l-)' dreu in 11K" aD ids. T-1 bø wo . i. De di Hh

ii Ji ..lI in hø in or lighi colo IiiCl tI ., al -i ell dl WI ThaI. ihl ,'INC IJI told m. I '1i 10 lalk In ilwm:' L ukd Jim If ii "' tv be

to," He icid ii did Ml ha~ 10 li .od,. ;uid the)' IIràlo o;om Ii Ii rolluill

i: . TI"' ."r~~ Mimed th ii~, .l -;ii "ii.k~i nie ur in 1 ¡jr. ~ ti ,. "'l" \'-llc. ~ ,jlill WI to ¥(I wih :h. bu teli iiu ih ..y.., "'lCna ,1ht" Gl~ ilC ..we :a cbide Tb' 4ive Ml co 1M l. Pol" Di Ii 11* -i "".IlU8'f1 ~tr.,. LiwMKc. KS. We Wen 1Di2 lM lillJdtn i.'ilb 11 óødt door. I ~'I\l thi IÙft lftcrins in;¡ p-i .: to ~ .l\lo iblt ili aIweliln.i

i"" pnl4-c ~I. ~\'-= "Cl intl' ii i~llW ~'" wli bo lI fDki Ie nw

i1 IlllUi,nc me .rui .icn I Ji .ild It ih 'i cJlow Hull in aie i-. Thy lOl 1J *l' .i:ûnG m~ i\t! ihtuili i.h !C"ir i: ~ "linen by li Valiow HOI. Thai. lift",: uw~ 'lue;ion~ in :Ì'r m hø 10 _ l\UlID . haf; di ih. dI me ~ C! ns~' howi DI il c&'c Ii 1b "YII me a ii_ cu wi.. pld

lcltlI ùh It. I hie nrsplQ-4 di .:a. ~ wid ni 10 caU it 11I IÓ Wr Iø tbm "" :N \,,,l~ HøU: ca" ~ of& .. SSO.*, lb... dil wøiid be

wiiI to IIlo -iblOl"" ¡l.lO th y.u l-. .

t)t7

II

.

~4ì ~f &ol

.,-__.....ýj ~ f \ bUp:l/dD.gooe.coiewdoibgpd_ 497g2vion Jates

101112

Case 2:07-cr-20124-CM-JPO Document 165-2 Case 2.07-cr-20124-CM-JPO Document 153

UDlcd

Filed 04/27/2009 Page 37 of 61 Filed 11/03/2008 Pag~c~ól2o

!

1.-

.r".

1' J.l ooi i- lIç i Iu . ch ÌI ai wI u- ma ...i hi to lJ to ti.. wt ll or J wod ~¥C li ÍD II . 11 boll J 1m on prl-~1L r l-IICC my ~ Oft. ll.£di. ,ft ibi ~ii~. 10 -t lIili Mo_ -l ocut. H. iod .. -l l -i Il bl liiyol"idïrt this ly i) work fot Øw ~Iice if i wll to .. to lI pri- Dl. i

nevi- iiy i/l-iii øtwort -id 1h pOlIC4 lId told di i'Md IiL

'i J .. Cl J have ii ~ me tilb .. I ti .y 1f La_

Mii Ofca Al ~i linl ¥f' i. .1l fifl rnlÍ cllly Idficd hii-f. :b -r .:J..,.. 1J~.i I"~csøation:.

MFI- 'NTSAY. 'N - T

i. . , Ir

l l. l. ~&.. i ii 'i ..\

. .. r~ 'lr\. .

i-lian"\V to mi befoi ~daY of -~, ,. ~ ._.

.:.....:~"' ~.. .. ~ ~~ ~1~-"""..... .,. ..... ~~....

-N"al Public

.,-,

~~~~~

/J¡' -~~

..

~òj ~ O'l'

.l

~ (:l tU

. _~m IF la btt:l/do.googe.cie7docgp72d_497&2w-i-- ,-.0 -

10//200

Case 2:07-cr-20124-GM-JPU uocumerit 165-2 Filed 04/27/2009 Page 38 of 61 Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 27 of 50

(,

-,

Br Pc.. 3'~ ~ &. -.i,-

i.. ÂI l. KS

~'7

An at wu ma to ao Bill tb 8d88 Th II ~ at ti ctlo re th wa DO Pe at 1hs loon 8D be did:n kDw th -. ADth

poble ad wa locat for Bra Per:

Poòæ ad:

4500 Ovei Drve ##105

Lawi Ks

Br ca th off 1Ìm18S-841..27. Aren we ma for an ùi 01 0312006 at Cuve's R- at 4:00 p.m. Bra ie he WI to _ ch, .

øi~ out He sad he ha be in to se Cae Nel1v-d øh to

i- ie

hi I1t to (O ba arund. She told hi to ea mo aD li ib tb iD bd

BNd re hè WI rcy coac by Lawr Poll Dewi. He na oi Deve IS Jay Bi He di no lmw th o1h Dave but he da hi.. a w/m, 6'0", with sh br ba oombe on 1b Bide. Br sa be W8 at . fr'i

apai on hd Str ap tb wo.. He sali 'W l- ib bptm 8D W8 to th lit loc en wa whi he II th DdWI at th

r'.,

li lo do ~ to iimy 1b lo H Br sai ho is co1b CO i- to DO ot wa th

bø be wu th. .

have follwe hi ove to th Red 8d be he boWl of

Bm sad Bia to hi tJ Yell Ho ha be UD te ia~pt fo''' Dl He tod Br C8 ha bo UD w. Dl~iOD 8D .. iI &o

do" an"S wm ta he huba wi ..') He fu ai th FBI ha hi (B) on IU ta at the Yellow Hous ta in a dr He sa tb quOJ hi abut th dr. He ex to tb tb he ha da au bo wo fo,. -i hi tols He 88 th deves told hi "We bow)'u ai in 1i." Bi lld Biek 1110 told bi "We bow youbiw ~'i ßO down" Bia to hi he

a lo of

wod se hi help wi tb (6) impa ~ he ba ifll wo hep tb wi th Yelow Hø ~OD. Bra ØI be to1bhe wo tb ab it bu. ba, he"M DO be tb Br sa h8 wo't 40 tb be be .. fr wi Gu

aø Ca. He sa Dees attb LlD ha al li to Jå in 1b i- -l ha DO ca tb wi di pr 10 he did no wi to bo th al 1o.

B1 ta wl th Devea we lAln to Iu ou ofdie .. W1", OD Rø Sii Ua -l to ba hi a i,1.i oe He ui _be to1411 DO be l. iw da ca ii pue, He sa he tod Biek to ch hi but'''. ce OI'"

po aD he wo pidi ca up la. He I8 cld pi th.. up He sa ti

wa th ca he -icly ha qi 01 da at th y.now Il Bt II ~

.~.

ii1h ~ wellet hi to 'W with tb __ be bi liJI ti He 8110 aa lI WI is abut 1 % JD li an ~ fb aDWI. ací ~?' ,L 4

~~'(\ ~ 'b

Document 165-2 Case 2:07-cr-20124-CM-JPO . Case 2.07-cr-20124-CM-JPO Docum,~ 153

~..~.

Filed 04/27/2009 Page 39 of 61 Filed 11/03/2008 Page 28 of 50

Br Rid Tar Kab is aptly th Deve"g su. Uò -l Tci CI iø

lie hi Bia lU exJa th he did a Jot of ÏD woi fo 1b LaWl

. Poli det in th pu He sa~ JI spifca. he did a 1o ofwo fo Of

Sc Pec Bra &a he WI th Codc In wI as Peot in hi dr

rela invcgpom wh be wa with th poli de He II Pec aa1J fi by Jud Maon an he wa ac of1ing hi Ifda Br sa be WI eveaua ex at th Cl8Id th Jud sa tb he (B) wa no a 'I;y wi1D or iD aD lb is why PDC W8 ully fi

Bra sa it WI aply th ~ . he Mi to se bi fi iDelCa at hi re wr Slw Ride" D1 no La He sa he sa be la a lot of oos in l: ea -l dll\_ Jes told Bia la th af la le"th cop

told him to sly aw frm hi. Br sad ti Slow Ride is a ne ha ou fo th oo

Br DO it wa shy af he we in th Slow IUth th deve co

hi on R. Sli ab th Neirø

Bm sad be W8 at Ko'. la we aD he saw Biaek Mmi. out ofCh be I' of

th st He ii th.. in nal tB ad Bla ub itho hi IÌve ~

tht to wh th I8 about ee. He 8ld Bial AdÌl Ka"b ., it out fo

hi." Ho _d Il colIy di DO li di pe reOD be (B) hi

wi Pc

Br sa m. old pUiku ia Ki Fllch. Ki is a si to Cae tJ. Ca l-'. UJb'V fo th Do Cw Shs De~ Dr Ua. Sb jø ID

to Liut Ray Uil

B1 sad he beev th tw pawn sh in to ar ra beU abut th yell

Hou. He tJ ti mi have be OD oftb i- tb ar be tal8

EN OF INVIB

~L .~

.~...

~~~ fJ ~"

s t~ l¡l~ ~ 1 \A

Case 2:07-cr-20124-CM-JPO Document 165-2

Filed 04/27/2009 Page 40 of 61

Filed 11/03/2008 Page 29 of 50

:07 -cr-20124-CM-JPO Document 153

~l~~

-w. R. Oli Ph.

Mi Wildiu

aref of Poce

City Ma

April 20, 200 Sarah Swain, Attorney

at Law

601 Missouri, Suite 3

Lawrance, KS 660 Dear Ms. Swain:

l am in recipt of emai correspondence between you and Officer Bialek regarding the ongoing investigation involving your clients, Guy and Came

Neighbors. It is my understanding tht you wish to speak with the Federal investigators involved with the investigatin of your clients. OfCGr Biaek assures me that he has cotacted the agent involved and has Informed them of

your wish to be contacted.'Addltionally, l am aware you have been In contact with U.S. Attomey Marietta Parker who ;s handUng this case at th fedral level for prosecution. The Lawrence Police Departnt will not release th Ident of

,,-.

any Federal investigator who is involved Ln the case. Your most recent email is

of

some

çoncem,

as

it

could be read as an

attempt to report potentia) criminal acity. If ths is your intention and the

activities in questn too place in the Cit of Lawrance. pleae feel free to file a polic report with our department. If 1hse acflvltles too place elsewhere, .

please contact the appropriate law enforcment agency from that jurisiction. I believe Sergeant MIke Pattnck from this department as wen as Special Agent Bob Shaefer with the FBI has spoken with you In persn about these very Isues.

Any furtr correspondence concrnng this case should be directed to U.S. Attorny Mariett Parker. if you neeå to coriesponå with anyone In the Lawrence Police Department, plase do so in wring, instead of emaling a

specific offr so tht It may be routed and handl~ appropriately. You are

welcome to address your corrspondenc to me.

~~ s li~ cJ 'l ~(oS

.-

Very truly yours,

~JJ (4

W. Ronald Olin, Ph.D.

Chie of Polio

WRO:mrp

mvepi & Tmg Ceter · 4820 Bo Billhias Pk · Lawre. KS 669. (715 830740 Law &for Ca. Pauo &. Recrds DiYi · i i i Eat 1 lih Sir · Làwæn KS (j. (7) 832-7501 City Hall- 6 East 6th Sir · LawRA. KS 66. ~ 832-30

ww.lawrpolicc.or

Document 165-2

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

Document 153

Filed 04/27/2009 Page 41 of 61 Filed 11/03/2008 Page 3a of 50

-- ,.'. r-

.

..- '-'

U.S. o.,uCmelil or JUltl .

Fed..1 Bureau of Jnvntptoii

II Rll)', Pl- Refoao

1300 SWlit

n~~. 194-KC-C81080

July 1, 2006

Sarah .G.Swain 601 Missouri Suite 3

Lawrence, Kansas 66044 Dear Ms. Swain:

The Kansas Ci ty Office of the Federal Bureau of Investigation (FBI) is in receipt of your letter to Special Agent Walter H.' Schaefer, which was faesimiled to th,~ Kansas City Divisio:. of t.he FBr on uuue 30, 2006. 1'he lCansas city Division of the ~BI is also in receipt of a faesimiled 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 Departmnt were conducting an investigation and identifyinq t~emelvea a8 FBI

agents.

, On April 19, 2006, when SA Schaefer visited you in your office 2t SOl t1issou'ti. .'"..)1:.:: 3, TJ.::o/!'I:mee, Kar.~as 66044, yOIJ

arjvis~'~i .iÜr. th.it you h..... . -.;1 ;".' i II"'!.'!~ ..1 i ¡",r\e9-:'~e ~'mo r:laime': that

memberE: ')f the Lawrence Pollee Depè'rtment identified themselves

as FFE a 1ents during an I..'test.gation.

On April 19, 2tl\În, SA Sc:.ae:fer i;equested those names

and YOlo :idvisec1 him thcll .;'h._..:~.:! not have the names and that. your investigator, Cecilia Wood, had those lists of names. .

-,

.~~~~ ~V~ OJ' ~ Õ- G¡

\R

..

.... ....

-

. -~

,.

Case 2:07-cr-20124-CM-JPO Document 165-2 Case 2:07-cr-20124~CM-JPO Document 153

Filed 04/27/2009 Page 42 of 61 Filed 11/03/2008 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 bad not received any correspondence or information concerning your initial allegations.

The two meetings you referenced as scheduled with SA Sehaefer in your letter dated June 30, 2006, were set' by you without verifyinq the availability of SA Schaefer.

Any future meetings/interviews should be verbally mail

verified with SA Schaefer. Simply leaving a voice

me8sAge

advising SA Schaefer that you have a meeting set up on a specific date at a specifio time will not guarantee SA Schaefer's avai~ab11ity. SA Sohaefer can be reached at 816/512-8640.

Sincerely Kevin L. Stafford Special Aqent in Charge

'~~.

"t Ý.J

. ~ ~.

.~I/ .,¡ "\

~

,.~~ .1 ~(t~ 2

Document 165-2 Case 2:07-cr-20124-CM-JPO Case 2.07 -cr-20124-CM-JPO Document 153

Filed 04/27/2009 Page 43 of 61 Filed 11/03/2008 Page 32 of 50

;',

THE SWAIN lAW OFFCE

i;

_..'

I

Sarah G. Swdi, Attorney at law Theria Offçe Complex 601 Missouri Suite S

Park Cherry Buiding 110 N. Cherry, Suite i40

Lawrt'nce. KS 66040+

Olathe, KS 66 i

868.2787

(785) 842-2787

June 14,2006 Bob &~haeter, Special Agent FedeniJ Bureau ot'nvesti~tion ISOO Siimmit

Kansas City, MO 640106

Der Mr. Scefer: Enclosed pleas find the afdavit that we execute with Ms. Helm. We are sti worlùng on getting othr afdavit's executed, but as I'm sure you are aware, many

r-/ ..

peple are too acared to come forward and go public with their accusations agast the Lawrence Police Department.

Wt aplll'eciate your efforts in investigating what we believe to be police miiconduct If there is anything that I c;n do to assist YOll with your investigation, please don't

hesitate to contact me at the numbers or addresses listed above.

n¿.L saah G. Swam

Attrney at Law

n~ . ~~'N a. 4 tp ~ \)~

I,

Case 2:07-cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 44 of 61 ~ Case 2:07-cr-20124-CM-JPO Document 1'~"""'Fil.4.UD3/2008 Page 33 of 50

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" · E-mail stQ£ . Printer-friendly

· E-mail editor . Comments (44)

. 'Pod frndlY

FBI inquiry under way in conduct of police So all that offcers pose as federal agnts

By Ron Knox

Thursay, June 15.2008 Th Federal Bureau of Investigation is questioning whether Lawrence Police ofrs have

improperly posed as federal agents when interrogating suspct, th Jouma'..Wori has

learned. .

Th FBI Inquiry stems from allegations that Lawrnce Polic Claimed to be agents fr the

-

FBI when questionìng people during the polic investigaton of an all fencng opn

at th Yellow Hou8e secondhand shop. 1904 Mass. . "We are attemting to resolv whether or not a person or persns falsely reprete

themlv as FBI agentsi- FBI spoltesman Jeff Lanza confrme Wedney. Lanza would not coment further.

But sourcs wi kne of the investiation tokf the Journl-World th FBI Inquiry was prompt by colaint fr Sarah Swain, atty for the secohand 8tore. and othtn

close to the fencing probe.

Th sours also said the FBI was never involved in th actual fencing investiation. but was only involed ~ecuse of allegations against th police. \

The Lawrence Polic Oeartt would not coment for this art becut It Inolved

anothr agencys invesatlo. spokeswoman Kim Murphree said \Nneay. Agent from th FBI have already met wIth SWain and th poic der1t, in part to

eslish that th FBI was not acually involved in Investiati the Yel Ho. Th meeg betwee Larece Pol Sgt. Mie Patt an FBI Special Agent Bob Shefr was at th reue of Swain.

who had heard from Yello HOU88 owners Gu and Carr

Neighbors and others that FBI ager were usin the Do

.""

County law Enforcment Centr to tntMe pe who so

\...~._../

That allegation culminted in a sworn aiavitfro Lanc

merchandis to the store.

ø \0 1.\ \,4 . ,!t.

()f!rJ a

fli,m0 l~ AI

Case 2:07-cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 45 of 61

. ~

rDI niqull iin~ ;Mlk~&~P~f~PO Document 153 Filed 11/03/20~8 Page 34 of 50 Or.C(m hU:l"'ww2.Uworld.Cllnln~OOuaJ'/fb i-.... .-- '

,\ \.A,.. ' . ,~ . '. !'" J --'''-'--_Wl..

Th Aflnde..r Wh 811d me fdent ~ as Phot FSrbyagents hadreident takeLaur he Helm. fr her broatw ho to ththrv

-. .. polic staon to Intrvie her. Car Nehbors walt for cuser. Inalde he

sendha store, The

Yell Ho. 190

Mas. Th Federal Bur of Investigation Is looklng lnto the

Larece Police

Dedmen beus of afle that ot

we po as feera

. ag In a feg

pr Involvng Yel House.

According to the afavit, th men queatl He for eo mInutes before driin her back to her brotir'. ho.

lPey queson me abou itms , had so to th Yello House In the past. ehe said in the afvit. '7ey to me tfey

obtaJne my name through chs that we wr by th Vetrow House."

Helm said In the 8favit tht the men ha gun an b8

on their bett, and th at Ie-l on of th men kne th do code needed to ente the La Enfrcme Ce. Helm Is on proati for attd fo an ie ., Incfnt to Har1ey Eddf, her prtin of, th ai

said.

During the meng of SW, Pattck and Shaefer, SWn .ald bo men tol he th FBI had no Involvement In the YeU~ House investigation. -stoJd me Itat the FBI wold not be lnv'ed." SWain iaid. -i11 no Inra

at" \

ta fo or anyting like that."

Wh SWlin cont th police departent to confinn th FBI's involvemet in 1h

. .

InvestIgation of her clts. l. PoUce Chie Ron onn wokf only co"'..ii th8t th apprrie faderaJ egenl8 had ben contaced, aocrcfrng to 8 .. frm Oli to SW, . copy of whh was obtain by the JoumaJ.WorJd.

-(LPD) Of (Ja) Bialek assures me that he ha coct th agen Invol and h.

Inform them d yo wi to be oontact.. he wro SWn. .

Blele Is InvoNe in th inV88tJetion of

th YeUo Hous. .

0I 8f in th le that he would not name any feerallnvetl InvoJv, but di

meon the meng be.rn Swn, PBtfck and Sha. and iaid th al fu

queni should be addre to U.S. Att. Mariet Parker, wh 18 handli piOI.cu on the fel reveL.

. . .

Jim Cl, spoesm fo the U..S. Attey'. Of. wold not comm on whr hi of was invo In 1h fecing investigatIon.

Po aó -lnce frm the Intel Revenue SeIvIçe and th U.S. POI Selc In 8 ne rese frm Decmb when po 8eed an lni".ch wa

ag Vello Hou.

r'\

Th r8188 call th ai fe operation, whch enta th ~uro an .. ci st goode, -on of th 'aig, mot øohiette feci ~cd. we .. -l In

t.. ·

ý'~\;:i\~

-Ð ~ ~ ~ \D

61lSI 10:. AM

Case 2:07-cr-20124-CM-JPO Document 165-2 Case 2.07-cr-20124-CM-JPO Document 153

...--

Filed 04/27/2009 Page 46 of 61 Filed 11/03/2008 Page 35 of 50

'.

FBI inqui ItaBed by'lack of formal eomplat By Ron Knox Ju 21, 200

Ad-i

A fed prbe into possible mindut WI ifc La Polce De ba sted as th FBI WB for a for complat to be filed.

FBI sp lefLe sad no one ha co fo with a for col8Í aUgi an po as FBI ag whCl quoning peple in reon to a police ineson of an alegd fenin

ri at th Yellow Ho~ sc sho, 190 Ma. "We ca moe fo witht a form cola ø La sad. La priousy sad th FBI wa lookig int th ma.

Sa Swu at fo Yelow Hous, sad sh aø a ,pvat inves we 'W to Nt up'a mee be the FBI an,

to be fe ag.

pele who allegedy have be Jiga by poli offce çJAilq

r...... Sw al sa a prvat invesor se th FB at lea one swrn afdavit tb shul.so 88 a

foi êolat. Th La Poli feo inestgaon whch bega las yea, ha foe on 1b aled pu stlen go 1hugh th se st an oi saes II to a police DØ

im ree of

re frm Debe 200. .

Gu ID Cae Nei.

Poli have seed se wiáma at the Yell Hou 8D at the ho of

tb stre owi in:ioa to ti cae.

th mont fe mveptoi

No chi have be fied as a ret of

Th poli de ha deoli commen abut th FBI iD, sa it wa ..ii ~

po1i to di moth agy's prbe. More .bot tie ..

· lPU.~IDie"ï.l¡~ . · §.e.WlLú4ç;.J::l\l.ltv~l.gar¡(ii,l ~f.Y ellQyI H1U~. s.!J. C01\tiD~ · FBlli:u under way in conuucl of police (06- i 5-06) · wtter fim Police Chief Ron Olin to Sar-oih Swain ubut the investiption (.Wt)

· AJlidavIt on alleged î.pr~ t~ctic,s 'lsed bY polic~ officers l ,J) · l..llç_~ LWJb_ V ~lIow.llouse in mmen gQO~.!IDyeJ!lìgaû!tn ('05-09-06)

· l1ill. P.ld~tñiJ&i.Qt~igoJJJ!Ii'yl'yeUQ.~llm~ p~jl1.4.::1,4:

r....\

. Yetlûw Hous store ownei's to hiive party to tl sl1l)orers l-03 ~02-06

~~ ' d ~~,,\ ¡y~

Case 2:07-cr-20124-CM-JPO Document 165-2 Case 2:07-cr-20124-CM-JPO Document 153

Filed 04/27/2009 Page 47 of 61 Filed 11/03/2008 Page 36 of 50

.. FBI clears Lawrence Police of impenonatioD a8egation YeUow Hoaøe Store OWDen' resideDee ien'ed wi two more Nard wa.. iD onging feiida investitia By l:ri¡; W.i~an.icr Jul 8, 2006

Aclent The FBI ~lS it's cleed Lawren Fullee of an alegaoii th il offcer imB()Qflted IW FBI agtU

du th investgation of an aleged fenci opetion at the YeUow Hous us ap &t "We looed into th sitution 8D foun DO evidee to inca tb anyo im BD FB

ag" FBI spkes JeffLiu sad Frida. 1b ne ca 1he sae da th U.S. Pos

r-..

In's offce, as by La Polico an th

Inte Re Sece se tw mor iea wam at th stre at 190 Ma., aa at ti hom of owner Gu an Cae Ners in th i i 00 block of Anver S1 Autes sai th wer lo for Coma rerd suei tas, ie co &e iniBe an saes ierd &o 1h mi aucton sece eB. -..,~, '.,...~J' .~-:Li:.;".::r. J., ,¿ 'è.':~ .......".i;". (j 't ",.

~'\;'::~~0C~;~~~~ :~.~ .

Ph by Thad ,\Jlcndt.r

Gu an Cae NeilS sa th th don't bu Ol se stlen prpe at th Yenow Ho St

190 Ma Th U.S. PostlDs oBk se tw se watl on Fri -l -i 1b

Neighrs' hom an ~,siftes in an ongoi fe invesoa It's th IB tw in aD iDvesgaÓD th's be IDÌD on si De, wi Lawn Po1 sad

thd UDer wh th debe as a lae-sce, sophi fanin oralloa So fa, 1b

have be at lea fiw se wats seed bu no cm ba bc 8I im no ch have be fied

"I th th whle th js arun our eBay aaes" Gu Nci sai OI Fri .. bo st OUcl ..,.0'..,..

hi st whch wa su by yellow police ta. "It'. be wh, eigb JD DD I do't bo. Maybe th have mo tb I know." The Ncigbbos ma th imocence an have be crca of poli at fJ tu

hl.,_L\",v( st\J'~~~~ Q~ \2.

Document 165-2 Case 2:07-cr-20124-CM-JPO Case 2.07 -cr-20124-CM-JPO Document 153

Filed 04/27/2009 Page 48 of 61 Filed 11/03/2008 Page 37 of 50

THE SWAIN LAW QElfICE

-.

Sarah G. Swain, Attorney a La r C

Theno Ofce Complex

~y h"ry Buiid'ng

601 Missouri, Suite 3

I ~c ~tSuite240

Lawrence, KS 6604

o a J KS 051 866-550-2787

(786) 842-2787

June 30, 2006

Bo Schaefer, SpecIal Agent Federal Bureau of Investigations 1300 Summit Kansas Clty. MO 64106 Der Agent Schaefér~ . On June 14, 2006. I forwarded you a copy of a sworn affavlt that alleg illeal

polic conduc on the part of the Lawrènce Police Oepártmenl Since that dale, I have tried contacting you on at least six occsIons to set up a meeting wi you, Ms. Helm. and myself, At this point, I have ben unable to speak wit you on th

phone. ,nd , 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 1hat I would be available to meet with you and Ms. Helm regarding your investigation on Thursday June 29; 2006, Obviously, that meeting didn't take

place. At this point, 'am unsure about your Intentions regarding this investigat.

While 'you seeme concerne about these issues during our first meeng that involved Sgt. Patrick from the LPO, I am cGrtainly not convince from your

actns or lack of investiaton during the last two weeks tht this la sothing that you intend to pursue in any sort of meaningfl manner. the LPO,

I am curently pursuing possIble other avenue for an investigatn of

. and I wourd appreat Sfme clarIfication from the FBI about the manner and0r extent of any Investation that your agency intends to pursue. Certinly', I will keep YOIl apprsed of any further developments on my end. and t wi be awaitng

a call from you regarding a meeting with Ms. Helm, ~

- ,.

n¿.~ Sarah G, Swain Attorn&y at Law

~(O '.6~ l ~~ \ ~-t L\ .0

r

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.

Case 2:07-cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 49 of 61 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

Document 165-2

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

C"Sfw-)~Ci.cr-:ioo(,- :lWL

Document 153

-~~

Filed 04/27/2009 Page 61 of 61 Filed 11/03/2008 Page 50 of 50

O~i"4.l'. lø~

(o't ~ - i¡ ø

ii- oijc 7/ a.Dt

('~i

El\v\.Zl- 7 · (

E)th;~j-l ..1

I 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 indi vidual can be tried wi thout and conv1cted without seeing or knowing the evidence against him.

SOMe of the motions that I have told my attorneys to file

and expect them to fi le are: ,

1. ) Motion for Discovery A. citing Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10

L.Ed.2d 215 (1963),

2.) Motion for Exculpatory and Impeaching Evidence B. citing Giglio v. United Stated, 405 u.s. 150, 92 'S.Ct. 763, 31 L.Bd.2d 104, and 3.) Motion for Early Disclosure of Jencks Act Material C. citing the Jencks Act: 18 U.S.C 3500, 16 u.s.e. 3500 (e)(1), 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~e8 me certain unalienable rights that this

prosecu7~T cannot ~ake away from me. " Judge Lungstrum, could you please protect and" make sure this prosecutor does not make any m~re evidence in my favor aisappear.

---- -- · -- --r "our time and consideration.

~ j1~

JBmlls I1cI(eighan

.