Attorneys decry blog in stolen goods case

A judge has been asked to revoke bond for the owners of Yellow House because federal prosecutors say the couple published false blog posts to criminally defame three Lawrence police officers and a postal inspector.

But attorneys for store owners Guy and Carrie Neighbors say the blog posts are protected free speech. For nearly three years, the couple has said allegations that they’ve knowingly sold stolen goods were false. And they’ve repeatedly accused law enforcement and prosecutors of corruption.

The U.S. Attorney’s office argues that the blogs are untrue and were written to intimidate officers and other witnesses from testifying.

The Neighborses face 19 counts each related to allegations that they sold stolen property, and they face federal drug charges in a separate case.

U.S. Magistrate Judge James P. O’Hara has set a hearing for Wednesday in the case.

In a motion, prosecutors cite witness-tampering laws and say that the Neighborses have in blog posts falsely accused several Lawrence police officers of wrongdoing. Among them is Det. Michael McAtee, who the Neighbors have said was suspended from the police department “for drugs missing from the police evidence room.”

According to the motion, an attorney for McAtee has sent letters to Guy Neighbors calling the allegations “outrageous and false.”

“In spite of having actual knowledge of the falsity of the allegations against (McAtee), the defendant has continued to publish the defamatory statements concerning alleged wrongdoing by (McAtee),” Assistant U.S. Attorney Marietta Parker wrote in a motion.

Parker in the motion also accuses the Neighbors of harassment and making other false allegations against two other police officers and a postal investigator.

In a response motion, a defense attorney says that Guy Neighbors’ Web site consists of core First Amendment speech.

“There is nothing defamatory or ‘corrupt’ about these statements; they simply express the writer’s belief in the injustice of the criminal charges,” wrote Cheryl A. Pilate, who represents Guy Neighbors.

She also wrote that the allegations against officers posted on the blog were written as reports of what Guy Neighbors was told by acquaintances or customers about police officers. Neighbors has made it clear that he is investigating those allegations against the officers, Pilate wrote.

Prosecutors also asked the judge to issue a protective order against the defendants if he allows the Neighbors to remain free on their $25,000 bonds.