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Archive for Thursday, August 25, 2011

Attorneys challenge Guy Neighbors’ mental competence ruling for trial

August 25, 2011

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Attorneys for both sides are asking a federal judge to declare Guy Neighbors, an owner of the former Yellow House Store in Lawrence, mentally competent to stand trial in the three cases he faces.

According to a joint motion filed by the prosecution and defense, the request comes after a second psychiatrist, Dr. John H. Wisner at Kansas University Hospital, evaluated Neighbors and “took exception” to findings by Dr. Robert Lucking, a psychiatrist at the Bureau of Prisons Federal Medical Center in Butner, N.C., that Neighbors was not competent to stand trial. Wisner found that Neighbors does not suffer from a mental disease or defect which affects or diminishes his ability to understand charges against him or to assist in his own defense.

Neighbors, 53, earlier this year won an appeal over a similar issue when a 10th Circuit Court of Appeals panel sent his case back to U.S. District Judge Carlos Murguia’s court and ruled Murguia needed to hold a formal hearing supported by U.S. Supreme Court precedent to be able to give an order to involuntarily medicate Neighbors.

In the main case against Neighbors, federal prosecutors accuse him of selling stolen goods, mostly on eBay, from the former secondhand store, 1904 Mass. His wife, Carrie Neighbors, 50, in January was sentenced to serve eight years in prison after a jury in 2010 convicted her in the case. She is appealing that verdict.

Attorneys now are asking Murguia on Monday to instead schedule a trial for Guy Neighbors in the case.

Comments

Armored_One 2 years, 7 months ago

Smitty... Glock...

I flat out dare you to bring these charges before a court of law. If you have all of this evidence you seem to have, a conviction shouldn't be a problem.

Otherwise, you are both flat out liars that should not only be ignored, by summarily dismissed.

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gl0ckUser 2 years, 7 months ago

Story Correction:

According to a joint motion filed by the prosecution and defense, the request comes after a second psychiatrist,

Wrong !

The Defense filed the motion the prosecution did not oppose it, They don't have any grounds to oppose it on. They are however trying to oppose his release to pre-trial release They have not quite came up with a good reason other than "Your honor he is a danger to the community and him self".

Even though he has not been charged with committing a violent crime. I think he is a danger to the prosecutors freedom as she has broken the law, and it will catch up to them

;-)

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gl0ckUser 2 years, 7 months ago

if they were truly guilty would it take this much shenanigans from the lpd and the feds to try and either make them look guilty or incompetent to stand trial ?

.....................No

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smitty 2 years, 7 months ago

Isit Jessica or Ms Miller you that request information?

...Miller often seemed to have “inside” information about their case and the workings of the police department, that reasonably would be known only to someone who had a contact or source within or connected with the Lawrence Police

Department. Because Annette Miller’s swindling of the Neighbors had such a profound and negative effect on them for such a long period of time, and because she may (judging from the nature of her information) have been an informant for the Lawrence Police Department, Defendants are requesting all information in the possession of the government or any law enforcement agency concerning Ms. Miller, including but not limited to:

– Copies of Ms. Miller’s Internal Affairs complaints filed with the Lawrence Police Department, in which she purportedly claimed she was harassed because of her association with the Neighbors.

– Any investigative file developed as a result of those Internal Affairs complaints. – Any documents from any case in which Ms. Miller cooperated as a witness for the prosecution, including State v. Ashcraft and State v. Joseph New, both of which were prosecuted in Douglas County and were investigated by the Lawrence Police Department.

– Any document reflecting any contact that any member of the Lawrence Police Department has had with Ms. Miller at any time.

– Any document reflecting that Ms. Miller is, or was, an informant or tipster or witness for the Lawrence Police Department, including but not limited to any information provided by her, and any records showing any money or benefits she received.

– Any document reflecting any contact or communication that Ms. Miller had with officers Rantz, Bialek, McAtee, Emerson (whom she claimed to know) or any other law enforcement officer...

Respectfully Submitted, /s/ Cheryl A. Pilate Cheryl A. Pilate, KS No. 14601 MORGAN PILATE LLC 142 N. Cherry Olathe, KS 66061 Telephone: 913-829-6336 Facsimile: 913-829-6446 Attorney for Guy Neighbors

AND /s/ John Duma John Duma, KS No. 10760 Attorney at Law 303 E. Poplar Olathe, KS 66061 Telephone: 913-782-7072 Facsimile: 913-782-1383 Attorney for Carrie Neighbors

CERTIFICATE OF SERVICE I, Cheryl A. Pilate, do certify that a true and accurate copy of the above and foregoing motion was served electronically on the Clerk of the Court and the government pursuant to the ECF system on this 27 day 2009.

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BruceWayne 2 years, 7 months ago

Again YH is in the news and again I ask...did Jessica EVER get her GED? Anyone?

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smitty 2 years, 7 months ago

Reminder...CN's appeal has been delayed for the third time due to the prosecutors motions for extensions. That date is now September the 9th. After all those years of delay you claim were due to the YH, the facts, again, do not pan out to your version. If it were the YH delaying then the time clock would not have demanded that the prosecutors dismiss the original case to stop the clock then refile to start the 6th amendment time clock over again. All delays that can be attributed to the YH did not stop the clock..only the prosecutors actions did.

We'll see if speedy trial is an issue soon enough.

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smitty 2 years, 7 months ago

What I have seen was the chief of police Retire. " Well he had over 32 year's service to the Police Dept. Would he be eligible to retire regardless of the YH case?

Retired just prior to the CN's case going to trial. Mike Amyx verified that the LPD and Olin were being investigated by a higher outside legal authority and that the city manager is handling Olin as a personnel issue...thus confidential. City commissioners and city manager are part of the problems with the LPD when they become complicit with illegal acts by the police. Lawrence needs a citizens review board complete with investigative and subpoena powers....Thus taking the political powers away from a city commission that has a history of doing business under the table.

"The federal prosecuting attorney Retire." Again, worked in the position long enough to qualify for retirement regardless of whatever case was on the docket.

Marietta Parker was forced into retirement due in part to the way she handled the YH case. USA Marietta Parker had ambitions to be a federal judge that could not be realized due to the problems she created. It didn't help any that Parker wrote the appeal brief on the Doug Lake/ Westar case and lost it big time. Parker's way of doing the peoples business caught up with her.

"Not a single witness that didn't have a felony or receive a sever reduction in their sentence for their testimony." Perhaps some witnesses had a checkered past but definitely not all were that way.

In the transcript of CN's trial, every bought criminal witness stated that they told YH the goods were not stolen. One witness was so heavily medicated from the prosecutor had to testify for them and Judge Murguia allowed it.....while the federal system had GN locked up for a federal mental evaluation.

"Multiple attempts by the Prosecutors to claim the Neighbors both were incompetent to stand trial. (based on the Guy neighbors blogging).

Here's a link to the findings of the last mental evaluation that shows competency as did the first mental evaluation. The only ones that state incompetent are those psychiatrists in the federal employee. It is also extremely rare that a mental evaluation is called for by the prosecutors....generally a method used by the defense attorney....

Guy Neighbors psychiatric review from KU Med http://www.scribd.com/doc/62221725/Psychiatric-Review

"2 people continually have their right to a speedy trial violated(over 5 years)

My money says that many of the 6th amendment rights besides the time clock for a speedy trial were allowed by Judge Murguia. The upcoming hearing today will start the process to challenge the 10th circuit court rulings presented by Parker and Moorehead in Murguia's court room.

So far the appeal court has ruled in GN's favor in spite of your agitation.

Guy Neighbors should be proclaimed competent today and then able then to proceed further to gain his freedom.

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BlackVelvet 2 years, 7 months ago

Lemme see here...

"What I have seen was the chief of police Retire. " Well he had over 32 years's service to the Police Dept. Would he be eligible to retire regarldess of the YH case?

"The federal prosecuting attorney Retire." Again, worked in the position long enough to qualify for retirment regardless of whatever case was on the docket.

"2 people continually have their right to a speedy trial violated(over 5 years)." Seems every time the Neighbors' were coming up for trial, they fired their attorney and therefore had to have a continuance to get the new lawyer up to speed on the case.

"Not a single witness that didnt have a felony or receive a sever reduction in their sentence for their testimony." Perhaps some witnesses had a checkered past but definitely not all were that way.

"Multiple attempts by the Prosecutors to claim the Neighbors both were incompetent to stand trial. (based on the Guy neighbors blogging). " Well what would any sane person think if Guy kept blogging that darned near every cop, lawyer, judge and federal officer involved in the case was corrupt and risking prison themselves, simply to put a little ol' second hand store out of business. That's plain crazy if you ask me. But I know, you didn't ask me.

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gl0ckUser 2 years, 7 months ago

interesting........... . first the Gov't claims it will take the couples house and store because the Gov't claimed these 2 properties were paid for with ill gotten gains (the 30 million Dollars the LPD claimed that the YH owners made.) . Yet when they tried to take the properties they Discovered the Neighbors had mortgages on the properties so they were still 80% owned by the bank. (oops!) The lpd's goal was never to take this to trial but to jack with the Neighbors so much they could shut their store down and run them out of Lawrence..... (good job it took 5 years and who knows how much tax payer money to complete.)

I hope ppl still demand to see all this evidence that the LPD and the fed's claim to have against the Neighbors, because I have yet to see anything.

What I have seen was the chief of police Retire. The federal prosecuting attorney Retire. 2 people continually have their right to a speedy trial violated(over 5 years). Federal charges dropped and refiled. Not a single witness that didnt have a felony or receive a sever reduction in their sentence for their testimony. Multiple attempts by the Prosecutors to claim the Neighbors both were incompetent to stand trial. (based on the Guy neighbors blogging).

There is more going on in this case than people realize if its been going on for 7 YEARS now.

CRAZINESS !!

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UNIKU 2 years, 7 months ago

Smitty is "WAY too" alot of things....unforunately smart ain't one of them..

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Armored_One 2 years, 7 months ago

First of all, who the heck invoked the name of smitty? As if fate wasn't being tempted enough as it is. LOL

Second, why do I get the feeling that Guy opened his mouth at the wrong time, so his attorneys are basically hogtied into filing this motion in conjunction with the prosecutors?

Third, this is really turning into a dinner and a show event. At least Carrie got to the intermission. LOL

I mean, honestly, smitty's WAY too emotionally invested in this case to be objective in the least. I hear all these claims of conspiracy and corruption, but yet I see no proof given. Heck, I'd settle for a vague rumor at this point, just to shut him up for a few minutes.

I mean, honestly, how vast can this conspiracy actually be, if there was ever one int he first place? Local courts I could almost think about giving it a passing thought before laughing it off, but local AND federal courts? What possible gain could a federal court judge get? Come on, give me some examples, smitty, because I am flat out drawing a blank here.

In truth, I don't honestly give a rodent butt about whether or not they are guilty at this point. Granted, I am willing to wager a body part that they are guilty as sin. I mean, honestly, even eBay helped bust these fools, from what I have read. If they are getting busted selling stolen items across state lines, then they deserve 20 times what they get. If you had any actual proof of this alleged corruption, you'd have already done something about it and everyone knows it.

To paraphrase Tim Curry: "Conspiracy threats against the LPD is just a red herring."

Two points to anyone that catches that reference.

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smitty 2 years, 7 months ago

Corrections:

This motion was filed by the defense attorney, only.

**According to a joint motion filed by the prosecution and defense, the request comes after a second psychiatrist, Dr. John H. Wisner at Kansas University Hospital, evaluated Neighbors and “took exception” to findings by Dr. Robert Lucking, a psychiatrist at the Bureau of Prisons Federal Medical Center in Butner, N.C., that Neighbors was not competent to stand trial. Wisner found that Neighbors does not suffer from a mental disease or defect which affects or diminishes his ability to understand charges against him or to assist in his own defense.....

.....Attorneys now are asking Murguia on Monday to instead schedule a trial for Guy Neighbors in the case.**

That is August 29, 2011 in Murguia's 10th circuit court room in KCK.

The Aug 29th hearing asks for a competency ruling and to set dates for motion dead line and the trial.

Carrie Neighbors appeal has, again, been delayed for the federal prosecutor to file their brief for their 10th circuit of appeals till Sept 9th, 2011.

Sure looks like the 10th circuit is timing both appellate challenges to coincide.

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observant 2 years, 7 months ago

Guess I was wrong. Thought LJW moderators has some integrity and enforced TOS equitably.

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been_there 2 years, 7 months ago

Wow, 24 hrs and no smitty. Wasn't smitty always the one berating the JW for not having any updates on the YH case? Here it is, and no smitty.

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observant 2 years, 7 months ago

As noted earlier, was gone for few years. Upon return was surprised smitty was was still posting mindless rats. Seems LJWorld moderators are sometimes slow and uneven in their application of TOS. At least, in smitty's case they finally did.

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been_there 2 years, 7 months ago

Wait, which LPD officer am I suppose to be?

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Amy Heeter 2 years, 7 months ago

The store is closed,the house foreclosed. No matter what happens now its over.

I do however find it interesting that not one person has said anything about who bought yellow houses inventory.

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BlackVelvet 2 years, 7 months ago

But UNIKU, I thought YOU were Officer Mike Riner of the KUPD. That's what I read somewhere.

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UNIKU 2 years, 7 months ago

An FYI for the forum posters here -- the JW has rightfully deleted all of Smitty's erroneous and libelous posts regarding Ofc Mike Riner of the KUPD ....bottom line, don't spread false facts and slander on these forums. Kudos to all those who share opinions here without resorting to libelous rants & untruths. And yes, I know this post itself will generate a rant...sadly.

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damnitimpissed 2 years, 7 months ago

Forgive me for asking an actual relevant question about this, but why did they think they needed to involuntarily medicate him?

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jhawkinsf 2 years, 7 months ago

Beating a dead horse to death, again and again.

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RoeDapple 2 years, 7 months ago

"Always generous with his BBQ or his rototiller"

Well . . . if it was HIS BBQ and rototiller . . .

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The_Original_Bob 2 years, 7 months ago

Lawrence's longest running soap opera appears to be winding down.

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autie 2 years, 7 months ago

At this point, who cares? smitty? Larned or Lansing.

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jonas_opines 2 years, 7 months ago

Do you know where that BBQ and rototiller came from?

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dsantee 2 years, 7 months ago

I used to be Guy's neighbor. And all I can say is that he was always someone I liked and trusted. Always generous with his BBQ or his rototiller. He worked hard creating his moving business and he appear to be a good father. He typically mowed his lawn after dark because he was working so hard trying to build his business -- great work ethic. He even took in foster kids. This entire episode is sad. I hope for the best for Guy.

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UNIKU 2 years, 7 months ago

They were obviously framed by the big, bad mean LPD!! C'mon it is so obvious! And by framed I mean, legally caught illegally selling stolen goods, properly and legally charged, and in the case of the wife, legally convicted and sentenced. C'mon everybody -- get with it!!! Viva La Yellow House!!

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sr80 2 years, 7 months ago

mental institution or the big house,no escape either way !

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somebodynew 2 years, 7 months ago

Whoa !!! Did everybody sleep in today??

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somebodynew 2 years, 7 months ago

Better run to the store for more popcorn and soda pop. This could be a long one. I don't know, but somehow I think certain people will miss one line in this story "....joint motion by prosecution and defense....". Or maybe I am just missing the big conspiracy by the gov't in this part?????

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