Marietta Parker Case No 07-20124-02-JPO Guy and Carrie Neighbors Motion To Revoke Bond Mental Evaluation Cause Hearing
Marietta Parker Case No 07-20124-02-JPO Guy and Carrie Neighbors Motion To Revoke Bond Mental Evaluation Cause Hearing
Marietta Parker Case No 07-20124-02-JPO Guy and Carrie Neighbors Motion To Revoke Bond Mental Evaluation 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:
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
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...
any party, including but not limited to any internet sites or through any form of
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-
01/02-CM/JPO. (Doc. 27) Each of those orders provided in pertinent part: "Conditions
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
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
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
Recuses (sic) Themselves from Said Cases as To Avoid the Appearance of A Conflict of
Interest."
false, to wit:
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
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.
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
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
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,
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
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
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:
Title 18, United States Code, Section 4247 provides in pertinent part:
6
Case 2:07-cr-20124-CM-JPO Document 165 Filed 04/27/2009 Page 7 of 9
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
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
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
Respectfully submitted,
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 cover-
up for missing evidence, search warrant & chain of custody violations and the lack of FBI
involvement in the case.
3. Kansas City FBI agent Walter Schaefer, poses as FBI agent Bob Shaefer, to conduct fake FBI
investigations outside of his agencies jurisdictions to cover-up for Federal Prosecutor Marietta
Parker, who is conspiring to cover-up police misconduct.
4. In a case 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.
Now we are hearing rumor of a sex scandal Involving high ranking offcials, the same offcials who
are the allege violator of human rights. Please we need a complete investigation into these two
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 153 Filed 11/03/200r-'\"'Page 1 of 50
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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
v. Plaintiff,
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
request in the interest of Justce, and the defendants would respectfy
ask
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.
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.
).
Case 2:07-cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 14 of 61
Case 2.07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 3 of 50
3,
Case 2:07-cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 15 of 61
Case 2.07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 4 of 50
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
by counel and to defense pro se are mutually exclusive. Under the hybrid
defense the defendant has the actve assistace of counsel but may also
4,
Case 2:07-cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 16 of 61
Case 2.07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 5 of 50
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
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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'~
Case 2:07-cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 17 of 61
Case 2.07 -cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 6 of 50
.yi me.
an no.
e ree .
Th pJ U~ pr" ~e m"...o...... om...V'-t..s th" fud..LU.."'....t..1 va. "5
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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
DISTRICT OF KASAS Departent of Justices in Topeka, Wichita, and Kansas
City, and is curently in direct control of overseing over 100 attorneys.
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
~,
Case 2:07-cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 18 of 61
Case 2.07 -cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 7 of 50
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)
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.)
l,
Case 2:07-cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 19 of 61
Case 2.07 -cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 8 of 50
claiming the FBI was investigating the Yellow House and had him on tape
going into the business with a drll.)
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
(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
(Exibit #4 page 11, artcle in IJworld Newspaper stating that the FBI
investgation was stled and that the FBI had not received a formal
~.
Case 2:07 -cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 20 of 61
Case 2i07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 9 of 50
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.)
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
r
Case 2:07-cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 21 of 61
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 10 of 50
2) an objec to be accomplished;
10.
Case 2:07-cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 22 of 61
Case 2.07 -cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 11 of 50
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
If '
Case 2:07-cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 23 of 61
Case 2.07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 12 of 50
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~.
Case 2:07-cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 24 of 61
Case 2.07 -cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 13 of 50
(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)
/3
Case 2:07-cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 25 of 61
Case 2:07 -cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 14 of 50
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
3. Amendment V.- Deprived the Neighbors of life. ii be
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~,
Case 2:07 -cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 26 of 61
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 15 of 50
Iii ,
Case 2:07-cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 27 of 61
Case 2.07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 16 of 50
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
J ¡~ .
Case 2:07-cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 28 of 61
Case 2.07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 17 of 50
/7t
Case 2:07 -cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 29 of 61
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 18 of 50
A copy of this form shall be appropriately filled out and attched when Proof of Service or statement of delivery or
mailng is required.
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)
on 11-3--0~ a!./).Æf è)-lú0-l1t. J /)shdJ-()f ,Kansas.
ClLiS 43Jk/J
. (Type or (! (Sig)~
Prnt Name)' Cf --
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
~J'~r~.
~.:iU8yfi r McK~fl
~-= ¿¡ C.
Date
/ f(0 l
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Case 2:07-cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 31 of 61
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 20 of 50
31
.: ... / /J/Jfa .' ,
We, /C., tl: u.s. Department of Justice
r-,
e, ., ...~,.... cß!j Erie F. MelgreD
United Stales Attomey
Distrct ufKiusas
Cøll aI), Offce 1lcJftø Offa
Suit, J~O . J2dEiic c.,,,
JOO Stll~ .(... JOJ /I Mal"
J:11 City, Køll$ "/I)/-143J lYrd/Q, KaIst 67lt1-112
Ju 19 5, 2005
.
;.
Tim 'Scireca
313 Nort Seneca
.
~.
WiGhita, KS 67203
r-,: , ' 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~':..' . :, ','
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Case 2:07-cr-20124-CM-JPO Document 165-2 Filed 04/27/2009
Document 153 Filed 11/
Case 2:07-cr-20124-CM-JPO
~r7
Law Offce of Aaron C. McKee, Esq.
.~ \ /' &. ~ .~fY
~G~J,,'b(l c Y J)"
iJ~'\
I'~ll 1\ /tt). )l
,~.~ ~
21604 West 98th Terroe
,_- .-.. Lenexa. KS 66220
Phone (913) 219-062
" * ~ \~iig.._.
Fax (913) 764-0652
aaromceemceeaw.co
ww.mckee-Iaw.com
To:
Yelloouse
1).~Statement
'Y .~ .'
For via
a 3%creit
convenience fee client
can: U81n~ oyer may
intemet at \W.mckeë.co.
the pay
0891200 Tl1veled tolm Lawrence to attend proff 175.00 1,4 245.00 5,725.35
~ , metl. I
08/311200 Teleph coce with Carre Neighb 175.00 0,2 35.00 5,970.35
reardng Jim Gerg replacing Sara Swain
on c;.
175.00 0.5 87.50 8.057.85
08/311200 Telephone confnce wit Care Neighbor
rl'garding case stregy and settlment
n.:guliations.
1-30 DAYS PAST 31-6 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS Amunt Due
CURRENT DU DUE DUE PAST DUE
&~- ""
L
Page 3
Case 2:07-cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 33 of.61
Case 2:07-cr-20124-CM-JPO Document 153 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/
.. ._..
Phon Lenexa. KS 66215 ~ X.l . ~
(913)
Fax (913) 492-370
492.3971 -t lw\
Q()~ /~\,." 11 -
asronckecke&løw.(,m 1./ .., \ V
__.co ~Qi) ~~l) ~
Jumbeyinind~mçkee-Ia.com \ w1( \Ï n.
. . AII~on'.C. Mllell.1:aq.
l(lmI.l'lY.... lrèl.Rd. E...
To:
Yellowouse
? Statement
Date
Caræ Neighbo
190 Massmusels Stet
Lawrce. KS 6604 I: ,,-
Amnt Due Amoul En
$4.490.35
091200 TraVeled toom Lawrnce to mee1 wi ACM - Travel 175.QO 1.8 280.00 3.195.35
lance PO.
091012006 Telephone confeenc with Rob Jackson ACM - Telep.. 175.00 D.3 52,50 3.597.85
rearding ca.
".
" 19l00 Tel coer wi Rob JøclOn ACM - Tølep... 175.00 0.3 52.50 3.65:.35
I8gardlng t:&e.
0911flOO Tel coerce wi Mfey ACM - Telep... 175.00 0,2 35.00 3.685.35
Rantz reardin potental undercve
opeat.
09f211200 Telepone (,nfenmce with Cane ACM - Telep... 175.00 D.2 35.00 3.720.3
NeIl1 re 81aa of ca.
091112 Tel ool1 wl Rob Ja ACM - Telep... 175.00 0.2 3600 3.755.35
rearding status of ca8e.
Telephon coference with Mickey ACM . Telep... 176.00 0.2 36.00 3.790.35
10112100
Re re ra on LP.
175,00 0.2 36.00 3.825.35
10112/ Telep conmce wt Car ACM - Telep..
Nelghbo rerding raid on LP.
17~.OO 0.2 35.00 3,86.35
1010120 Telephone conf~ wi Rob Jackson ACM - Telep..,
fer sta re.
175.00 0.3 62.50 3.912.85
11/15/2006 Telephone coera wih Came ACM - TeI...
NeI røg l. lC PO8
rest to me wi her.
1.3 DAYS PA5T 31.e DAYS PAST 61-9 DAYS PAST OVER 90 DAYS .
PAST Due
Am Due
CURRENT DUe DUE DUE
,~ --
0.00 2.057.85 0,00 $4.490.35
2,432.50 0.00
,
Pa 3
..
Case 2:07-cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 34 of 61
Case 2¡07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 23 of 50
~~
. h V. Oliver
Diror
RVO/sp
cc: Maret Parer
!)¡L.;~. f. i~'.!:(~
RE:
,. PAGES: J
COMMS:
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Case 2:07-cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 36 of 61
~se 2:07 -cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page ~f §:i ¿u
./'.
/
WOQD ai, "EStIGA nVE SERVICES, INC.
\FFIDA VI"!
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
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101112
bUp:l/dD.gooe.coiewdoibgpd_ 497g2vion Jates
Case 2:07-cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 37 of 61
Case 2.07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Pag~c~ól2o
UDlcd
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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
(,
Bra sa it WI aply th ~ . he Mi to se bi fi i-
DelCa 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
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Case 2:07-cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 40 of 61
:07 -cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 29 of 50
--
w. R. Oli Ph.
~l~~
aref of Poce Mi Wildiu
City Ma
April 20, 200
Sarah Swain, Attorney at Law
601 Missouri, Suite 3
Lawrance, KS 660
~JJ (4
li~
cJ 'l ~(oS 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
Case 2:07-cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 41 of 61
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 3a of 50
..- '-' ..
.... ....
-- ,.'.
r-
.
U.S. o.,uCmelil or JUltl .
July 1, 2006
Sarah .G.Swain
601 Missouri
Suite 3
Lawrence, Kansas 66044
Dear Ms. Swain:
.~~~~
~V~ OJ'
-, ~ Õ- G¡
\R
Case 2:07-cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 42 of 61
-
. -~
,. Case 2:07-cr-20124~CM-JPO Document 153 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.
Sincerely
Kevin L. Stafford
Special Aqent in Charge
'~~.
"t Ý.J
. ~ ~.
.~I/ .,¡ "\
,.~~ .1
~(t~
~ 2
Case 2:07-cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 43 of 61
Case 2.07 -cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 32 of 50
;',
i;
THE SWAIN lAW OFFCE
I
_..' Sarah G. Swdi, Attorney at law
Theria Offçe Complex Park Cherry Buiding
601 Missouri Suite S 110 N. Cherry, Suite i40
Lawrt'nce. KS 66040+ Olathe, KS 66 i
(785) 842-2787 868.2787
June 14,2006
Bob &~haeter, Special Agent
FedeniJ Bureau ot'nvesti~tion
ISOO Siimmit
Kansas City, MO 640106
r-/
peple are too acared to come forward and go public with their accusations agast the
Lawrence Police Department.
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
.. iJl'.
" · E-mail stQ£
. Printer-friendly
· E-mail editor
. Comments (44)
. 'Pod frndlY
By Ron Knox
-
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
merchandis to the store.
~ as Phot
. ~
rDI niqull iin~ ;Mlk~&~P~f~PO Document 153 Filed 11/03/20~8 Page 34 of 50
FSrbyagents
Or.C(m hU:l"'ww2.Uworld.Cllnln~OOuaJ'/fb i-.... .-- '
hadreident
Th Aflnde..r takeLaur
he Helm.
fr her broatw ho
Wh 811d
,\ \.A,..
,~ . '. !'"
to ththrv
me fdent
' .
J --'''-'--_Wl..
-stoJd me Itat the FBI wold not be lnv'ed." SWain iaid. -i11 no Inra
a-
t" \
ta fo or anyting like that."
. .
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.
...-- '.
~~¡y~
d ~~,,\
'
Case 2:07-cr-20124-CM-JPO Document 165-2 Filed 04/27/2009 Page 47 of 61
Case 2:07-cr-20124-CM-JPO Document 153 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 In's offce, as by La Polico an th
r-.. 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., '.,...~J'
,¿ 'è.':~ .~-:Li:.;".::r.
.......".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
. 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.
- ,.
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Sarah G, Swain
Attorn&y at Law
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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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