Archive for Tuesday, May 8, 2007

6News video: Charges dropped against owners of ‘Yellow House’

May 8, 2007

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A federal judge dismissed charges Monday against 'Yellow House' owners Guy and Carrie Neighbors. They were arrested in December after being indicted on charges of possessing guns while using a controlled substance.

Charges dropped against owners of 'Yellow House'

A federal judge dismissed charges Monday against 'Yellow House' owners Guy and Carrie Neighbors. They were arrested in December after being indicted on charges of possessing guns while using a controlled substance. Enlarge video

Comments

Alexander Neighbors 5 years, 7 months ago

I wonder if this is why the case can never go to trial the charges were dismissed............

puddleglum 5 years, 7 months ago

oh boy oh boy oh boy oh boy! VICTORY for Marion!

Alexander Neighbors 5 years, 7 months ago

SMitty this is a good article I think this has been going on in the case but the parties that need to be arrested are the arrest-ers. If you ask me someone opened up a big can of nuclear Worms and there aint no putting them back.

http://www.breitbart.com/article.php?id=D9A5GCC80&show_article=1

Alexander Neighbors 5 years, 7 months ago

check this out information requested by the defense team.......remember this is 5 years later they had to file a motion to get this information.

I found the motion here in the case. http://www.scribd.com/doc/17795127/Kansas-Court-case-07911992855-Lawrence-Police-dept-and-Guy-Neighbors.

Plain text:

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS UNITED STATES OF AMERICA, Plaintiff, vs. GUY M. NEIGHBORS and CARRIE NEIGHBORS Defendants. ) ) ) ) ) ) ) ) ) ) ) )

Case Nos.

07-CR-20124-CM, 08-CR-20105-CM

DEFENDANTS’ JOINT MOTION FOR DISCOVERY OF EXCULPATORY AND IMPEACHING INFORMATION UNDER BRADY v. MARYLAND AND FOR DISCOVERY UNDER RULE 16 Defendants Guy Neighbors and Carrie Neighbors, by and through their respective counsel Cheryl Pilate and John Duma, move this Honorable Court to enter an Order directing the timely production of all exculpatory and impeaching evidence as demanded by the due process clause of the Fifth Amendment, and as described by the Supreme Court in Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150 (1972). “The essence of the Brady rule is the proposition that nondisclosure of material exculpatory evidence violates a defendant’s due process right to a fair trial.” Smith v. Sec’y of New Mexico Dep’t of Corrections, 50 F.3d 801, 823 (10 th Cir. 1995). Mr. Neighbors and Mrs. Neighbors further seek all discovery to which they are entitled

Alexander Neighbors 5 years, 7 months ago

1

under Federal Rule of Criminal Procedure 16. In further support of this motion, the Defendants refer the Court to the following Memorandum. MEMORANDUM IN SUPPORT I. Factual Background Mr. Neighbors and Mrs. Neighbors are charged in three federal cases, the most complex of which charges 18 counts, including conspiracy, fraud, and money laundering, in connection with the operation of a second-hand store in Lawrence called Yellow House. The Neighbors are also charged in a marijuana case, Case No. 07-20073, and in a third case charging obstruction of justice, Case No. 08-20105. Among those three cases, there are dozens of witnesses and potentially hundreds of exculpatory and impeaching facts. Some of these facts will concern just one of these cases, while others may be relevant to two cases or to all three. In the interest of efficiency and economy, Defendants seek the timely production of all Brady/Giglio material and all Rule 16 material in this single, unified motion. As part of the discovery process, the government has produced more than 70 CDs containing evidence, including audio and video surveillance, as well as thousands of pages of reports and documents obtained from the Yellow House business. They now seek additional evidence, favorable to their defense, that they reasonably believe may be in the possession or control of the government.

2

The heart of the government’s massive prosecutorial effort is the Yellow House or E Bay case, which involves allegations that Mr. Neighbors and Mrs. Neighbors purchased various household, recreational and apparel items, including appliances and computers, from various sellers, “knowing that the property had been stolen,” and then re-sold the property on E-Bay. The marijuana case involves essentially a separate matter (a small indoor garden allegedly used to cultivate marijuana plants), but the obstruction case is linked, at least tangentially, to the E-Bay case in that it involves the receipt of allegedly stolen property and alleged “obstruction” that occurred when authorities investigated the sale of that property (computers) by Yellow House. The prosecution of the E-Bay and obstruction cases essentially rests on: (1) the perceived credibility of the cooperating witnesses or informants; (2) the Neighbors’ purported knowledge that the property was stolen; and (3) whether the characterization of the property as stolen may be inferred from the surrounding circumstances. Absent credible evidence that the property was stolen and that the Neighbors either knew or had reason to believe it was stolen, the government’s case may fail. Clearly, the ability to obtain and use exculpatory and impeaching evidence in this case will be vital to Mr. Neighbors’ and Mrs. Neighbors’ efforts to mount a defense. The right of a criminal defendant to due process is, “in essence, the right to a fair opportunity to defend against the State’s accusations.” Chambers v. Mississippi, 410 U.S. 284, 294 (1973).

Alexander Neighbors 5 years, 7 months ago

That evidence must now be produced. III. Evidence Requested by Defendants A. Brady Evidence Mr. Neighbors and Mrs. Neighbors request that the government produce the following: – Any information showing items seized by the government or being relied on in the government’s case are not stolen. – Any information showing such items were obtained by the seller by means other than stealing, including but not limited to, in a transaction involving the trading of goods. – Any information showing Guy Neighbors or Carrie Neighbors turned down certain items offered or brought in by sellers or informants. – Any information showing that any items relied on in this case were not new or appeared to be used. – Any information showing that the sellers had receipts or other proof of ownership or lawful possession. – Any information showing that either Guy Neighbors or Carrie Neighbors, individually, was not involved with a particular transaction.

Alexander Neighbors 5 years, 7 months ago

7

– Any information supporting the seller’s representations to Guy Neighbors or Carrie Neighbors about how the seller came to lawfully possess the item. – Any information concerning queries made or questions asked by Guy Neighbors or Carrie Neighbors to determine the origin of a particular item or whether the seller lawfully owned or possessed the item.

– Any information concerning other transactions that cooperating witnesses or informants had with the Defendants in which the items were not stolen.

– Any information concerning the Lawrence Police Department’s treatment, inspection or regulation of pawn shops, including whether Lawrence pawn shops have been investigated for selling stolen property.

– Any information concerning whether the cooperating witnesses or informants in this case also sold to Lawrence pawn shops.

– Any information or statements from any witnesses who stated that Guy Neighbors or Carrie Neighbors were fair or honest or did not buy or sell stolen property.

– Any information showing that Guy Neighbors and/or Carrie Neighbors have cooperated in the past with any law enforcement agency investigating the origin of items sold at their store or on E-Bay.

– Reports of any interviews or statements with any witness or informant concerning the Neighbors or Yellow House that has not been turned over to government prosecutors.

8

– Records of any surveillance or any video or audio tapes or photographs or tangible evidence of any kind not turned over to government prosecutors. B. Giglio (Impeachment) Evidence Mr. Neighbors and Mrs. Neighbors request that the government produce the following:

– Complete information concerning the criminal history of each testifying or cooperating witness or informant, including all arrests, charges, convictions and sentences.

– Complete information about all pending warrants or pending charges against any cooperating witness.

– Complete information about any pending investigations of any witness, including any investigation in which the witness may avoid criminal charges by cooperating in the prosecution of the Defendants.

– Complete information about any pending warrants or any outstanding parole or probation violations by any witness or informant.

– Complete information about all consideration, benefits, and/or leniency,

– extended, promised or offered as a possibility

– to any witness, including but not limited to:

– evidence of plea bargains offered for cooperation, including all terms stated in any plea agreements.

9

– copies of proffer letters, plea agreements and 5K motions concerning witnesses and informants.

– records of any money or other valuable benefit paid to any witness or informant in this case.

Alexander Neighbors 5 years, 7 months ago

– any special favors or benefits to detained inmates, including but limited to, grants of housing preferences, protective custody, special privileges, provision of commissary items or special foods or snacks, provision of clothing items including sneakers, gym shoes, athletic shoes or any other item of special apparel not otherwise available.

– any other special favors or benefits to detained inmates, such as special telephone privileges, access to media or computers or any other benefit that is not generally available to other detainees at the facility.

10

– Correspondence, notes or email from any cooperating witness or informant in this case to any law enforcement agent or officer or Prosecutor in this case, written at any time from the beginning of the witness’s cooperation in this case up to the present.

– Handwritten notes of any federal law enforcement agent or Lawrence police officer or other law enforcement agent concerning this case.

– Handwritten or typewritten notes of any prosecutor reflecting any meeting with or conversation, on the phone or in person, with any witness int his case.

– All information concerning any relationship between or among any witnesses in this case, including information that any witnesses participated in drug trafficking together, or are related to each other, or live together.

Alexander Neighbors 5 years, 7 months ago

(This is a good one!)

– Police Department personnel records of all testifying law enforcement officers, including Officer Bialek, Officer Rantz and Officer McAtee. (This is especially critical if the prosecution attempts to bring in evidence of the Neighbors’ “blogging” or “blast emails” concerning alleged corruption in the police department). A review of the authorities cited above shows that Defendants are conclusively entitled to the above-listed information and evidence, as the production of this evidence is essential to their right to fairly defend themselves, consistent with the Fifth and Sixth Amendments of the United States Constitution. IV. Rule 16 Guy Neighbors and Carrie Neighbors further request that the government produce any remaining evidence under Federal Rule of Criminal Procedure 16.

somebodynew 5 years, 7 months ago

Let us see now - - this is the second OLD article suddenly revived in recent days by new posts from YH supporters. While that in and of itself (unfortunately) is not new here, it does kind of make me wonder if the rumor I heard the other day about the case actually going to trial very soon might have some truth to it.

Trying to stir up some sympathy and support early ???? Kind of make you want to go Hhhmmmmmmm??

workinghard 5 years, 7 months ago

Alex is starting to look kind of pathetic.

Alexander Neighbors 5 years, 7 months ago

well for those of you looking for a trial I have bad News...... the trial that was supposed to happen in OCT 2009 has now been Moved to an unknown date in the future.....

YEs, I will state that again.

The Largest fencing operation in Lawrence Kansas is now set for trial date marked " An UNKNOWN Date in the future"..........

So I guess instead of taking guy to trial they have instead revoked his bond from a complaint he filed (and he is currently locked up now ) all the prosecutor has to do is keep changing the court date and she can successfully lock him up for life .

and I thought there was such thing as a speedy trial amendment in our constitution and I am pretty sure 5 years is past the limit............

Can anyone else see whats going on ?

Here is the Ruling the Judge made setting the trial to an unknown date in the future......

http://www.scribd.com/doc/18494611/Federal-judge-Carlos-Murguia-Judgement-Order-on-Guy-and-Carrie-Neighbors-Case

Alexander Neighbors 5 years, 7 months ago

beobachter- 5 years past the time they should have been locked up and beginning to think you should have joined them.


for someone so convinced that they are Guilty and should be in prison I have 2 questions......

1.Why were the federal charges dropped ? may 2007....

  1. If they are so Guilty why has there been no trial?... because usually you take guilty people to trial you don't try to Shut them up.

Alexander Neighbors 5 years, 7 months ago

beobachter- Here is a written opinion BY A federal Judge in which he state the speedy trial act has been broken in this case ..

http://www.scribd.com/doc/16419002/Written-Opinions-Report-in-Yellow-house-case-Guy-and-carrie-neighbors

Why would a federal prosecutor let the speedy trial act time run up on a case before taking it to trial......

The federal gov't have a 98% conviction rate...... BUT ONLY ON GUILTY PEOPLE.....

the opinion again. http://www.scribd.com/doc/16419002/Written-Opinions-Report-in-Yellow-house-case-Guy-and-carrie-neighbors

Alexander Neighbors 5 years, 7 months ago

Beobachter- I love how you hide behind the name which embraces the swastika and Adolf Hitler .

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