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Archive for Tuesday, September 6, 2011

Federal judge orders release of owner of the former Yellow House Store in Lawrence

September 6, 2011

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A federal judge Tuesday morning ordered Guy Neighbors, an owner of the former Yellow House Store in Lawrence, to be released from custody on bond pending his trial in a stolen goods case.

Neighbors, 53, had been in custody since May 2009 when a magistrate judge ruled he violated conditions of his bond because of an email he sent criticizing federal prosecutors and witnesses. In December 2009, U.S. District Judge Carlos Murguia had declared him not mentally competent to assist in his defense. Neighbors had been in custody for treatment in Butner, N.C., until a ruling from a 10th Circuit Court of Appeals panel.

Murguia last week reversed his ruling and declared Neighbors competent to stand trial after attorneys brought up findings in a new evaluation, and his defense attorney Tuesday asked Murguia also to release Neighbors on bond.

In the main case against Neighbors, federal prosecutors accuse him of selling stolen goods from the secondhand store, which had operated at 1904 Mass.

In January, his wife Carrie Neighbors, 50, was sentenced to serve eight years in prison after a jury convicted her in the case. She is appealing the verdict, and the couple for several years has accused police and prosecutors of corruption while maintaining they did not knowingly sell stolen goods.

A motion hearing in the Guy Neighbors case is scheduled for Oct. 24.

Comments

smitty 2 years, 4 months ago

JW, Guy Neighbors had some charges dropped by USA Judge Murguia's 10th federal circuit court yesterday. How about an update on the F A C T S .

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smitty 2 years, 6 months ago

The BOP have changed Carrie Neighbors information on their locator to...

  1. CARRIE MARIE NEIGHBORS 11519-031 50-White-F 10-02-2017 IN TRANSIT

from Not in BOP custody.

She has been in maximum security facility on the pretense of "might be needed to testify over Guy Neighbors incompetency review."

CN has been eligible for a camp incarceration since her sentencing but has been held in maximum security instead. CNs defense attorney advised the day of the sentencing that CN was eligible for minimum security due to the length of her sentence and the fats that she has no prior record and is a model prisoner.

Looks like the 10th circuit court and prosecutors are have no more manipulated justifications for Us attorney Marietta Parker's statement on record of ***teach them a lesson."

Thanks for the bump...... It had been three days without comments but you brought it back to life. Your interest in this story is appreciated......

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observant 2 years, 6 months ago

How much longer is the JW going to allow this soap opera to clutter up forum? Along with allowing smitty to rant about LE corruption?

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smitty 2 years, 6 months ago

typo correction, Rantz is from the LPD.

pace says.....well Olin spent millions ,

Pace, it's in the transcript of the trial that there were approximately 120 attempts by undercover LPD of the YH.

Imagine how much money and LPD personnel was spent. Guess you have....you said millions and that is probably close with the "s."

All that time, money and personnel in 120 stings by the LPD when the LPD could have simply gone in one time with that same undercover officer stating that the merchandise he was selling was stolen. If the YH bought the merchandise knowing it was stolen....bingo....caught in the act.....instead the federal prosecutor, Marietta Parker, went to the knowingly ignorant charge and bought testimony. Marietta Parker even addressed the jury with statements along the line of...YH should have known it was stolen by the way the undercover LPD was dressed, not that he stated the merchandise was stolen. Circumstantial evidence.

So much money, so much time, out of the LPD budget to take revenge on the Neighbors due to failed drug war tactics from LPD's drug unit , IMHO.

It's a safe assumption that these revenge cases are a large part of why the LPD needs more officers and resources.

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smitty 2 years, 6 months ago

FYI....some more information to consider. Surely the appellate courts will. Surely Judge Murguiia will in the pending trial of GN, if it even makes it back to Murguia's court room for prosecution. ....the house of cards are falling as you read.

Guy Neighbors was incarcerated for sending an e-mail to authorities to lodge a complaint over the LPD and prosecutors in the 10th circuit federal district. At no time did Guy or Carrie Neighbors ever...ever..never....did they threaten anyone with violence. In fact never ever did the YH owners even imply violence. There was no legal justification for Guy Neighbors to be incarcerated by Judge Murguia, 10th circuit federal judge.

In fact, Carrie Neighbors was sentenced to a longer time for obstruction of justice for posting on the inter-net but yet the laws(1st amendment) clearly states without the threat of violence, neither G or C N did any thing beyond their constitutional rights afforded by the 1st amendment. As was CN time improperly applied.

In other words, Judge Murguia allowed the prosecutors motions to incarcerate GN even though the federal laws do not substantiate the decision. Judge Murguia also over sentenced CN for obstruction of justice for those same inter-net comments.

LPD det, McAtee, was embarrassed to the point he attempted to sue them for those statements but dropped his egotistical cry baby whine when he discovered his personal embarrassment was not legally justifiable...in spite of the c-roaches disparagement on line.

Quite different for KUPD Riner, LPD McAtee, LPD Bialek, KPD Rantz, etc.

Question...Are Murguia's actions improper enough to have him impeached?

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smitty 2 years, 6 months ago

Thanks for the bump......not so....... observant

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smitty 2 years, 6 months ago

Pace, the collusion between the JW, city offices, Chamber of Commerce interests, to promote Lawrence is well documented. Just read the local news and advertisements.

Olin's replacement, Khatib, started on the LPD the same year as the Servier cover up in the LPD shooting of Gregg Sevier and the Kansas Police Magazine article that stated the only serial in the 5-6 native deaths native was cereal malt.

Our city commission and manager hire inside the force and what we got is someone who was involved in a claimed frame up of a fired officer who blew the whistle on an informant in the LPD, the head of the drug unit (Khatib) for warning a drug dealer of an investigation. Links have previously been provided from the JW reports to show Khatib's involvement in both the frame up of Peck and the YH case.

That transparency promise by Khatib is a failed promise.

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smitty 2 years, 6 months ago

The federal prosecutor finally* submitted the appeal brief in Carrie Neighbors" case. It's on pacer now.

You will find that the prosecutor used the perjury of an LPD officer who was caught during testimony testifying quite differently than his written report. The defense attorney had a copy of LPD Tony Garcia's report in hand and proved his testimony totally contradicted his report.

Then there is KUPD Michael Riner's multiple entries on the case on the JW threads of YH that disparaged and probably tainted the jury pool.

Anyone else beleive that Mikey Riner retired due to his actions per request of the KUPD?

JW removed all his posts after Riner's actions were called attention on his unethical if not illegal actions just prior to CN's trial. Riner testified on his investigation into the stolen KU computer. We do not know if there was a court order to remove the illegal and biased comments of KUPD Riner or if the JW did the censorship voluntarily or by request of KUPD or Riner.

Many stories on the local LE, specifically, Olin and several of his problem officers, have been altered or buried by JW staff, which keeps the public from accessing the facts reported in past JW articles.

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pace 2 years, 6 months ago

well Olin spent millions ,

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observant 2 years, 6 months ago

Moderators, what does it take to remove this soap opera thread and stop providing a platform for smitty's anti LE rants?

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smitty 2 years, 6 months ago

Tuesday 9/20/2011 JW political adertisement

                                   A Look at Guy and Carrie Neighbors

Guy and Carrie Neighbors are an eye-catching pair. Mr Neighbors is an athletically built 6'8" black man while Mrs Neighbors is a slightly built white woman. But the attention they've been receiving recently is not due to their visual distinctiveness. Mrs Neighbors has been convicted of knowingly selling stolen goods at the Yellow House, her and her husband's second hand store. For this offense she has been sentenced to pay several large fines and serve eight years in a federal prison. (Mrs Neighbors is appealing her conviction). Mr Neighbors may soon face comparable charges.

It's sobering to see Mrs Neighbors get a stiffer sentence for her excesses than, say, most drunk drivers and many violent criminals do for theirs although members of these two groups sometime injure and kill others. During Mrs Neighbors' trial no one speaking on her behalf cited any mitigating circumstances. (Black's Law Dictionary defines a mitigating circumstance as "A fact or situation that does not justify or excuse a wrongful act or offense but that reduces the degree of culpability and thus may reduce...the punishment(in a criminal case)." Here are some mitigating circumstances the appropriate legal authorities should consider when the Neighbors come before them.

1)Prior to the investigation which resulted in Mr Neighbors conviction, neither had ever had any trouble with the law.

2)The Neighbors had regularly attend church for 20 years. For two years, Mrs Neighbors taught Sunday school at the Free Methodist Church and when the Neighbors attended Heartland Community Church they provided services for the youth groups.

3)The Neighbors have three children.

4)The Neighbors often took food to the Drop-in -Center and salvation Army.

5)The Neighbors were active members of the East Heights Parent-Teacher Organization and Mr Neighbors served as Vice President of the group.

6)The Neighbors were mentors for the Big Brothers and Big Sisters. Over a period of nine years, they became an elementary school's students second family and provided her with food, clothing, school fees, driving lessons, a car and her own room at their house.

7)For nine years the Neighbors served as foster parents for some 24 children. A foster parent is required to take 16 hours of training each year to either acquire or retain a foster care license and must undergo a KBI or FBI background check,

For 24 years, the Neighbors have assisted young people and others in need of help. To incarcerate--throw into our over crowded penal system--either or both of them would be quite expensive and completely nonsensical.

William Dann
1429 Kasold Apt 505 Lawrence, Ks

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somebodynew 2 years, 6 months ago

OK, I am confused. Why is it the number of hits keep climbing on this story, keeping it active, but when I check, there doesn't seem to be anything new. Now granted I don't have time to read and memorize all of smitty's 'stuff', but it sure doesn't seem to me that anyone else has posted. Are they getting disappeared before I read them???

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observant 2 years, 7 months ago

smiity, your annoying continual rants simply convince more and more people of both Guy's and Carrie's guilt. Not everyone in LE or the court system is corrupt. At least not in real world, which is apparently not the world you inhabit.

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smitty 2 years, 7 months ago

The prosecutor's brief is filed in CN's appeal and on Pacer now.

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smitty 2 years, 7 months ago

One more memory from all these years of the YH case....

What is funnier than imagined is that it appears Terra Moorehead will be the prosecutor in GNs trial. What motions in the Oct 24 hearing date are in the makings from the US Attorney (Moorehead) who has been reduced to sobs in the federal court room over GN's corruption claims?

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smitty 2 years, 7 months ago

Today, Sept 9, 2011 is the third extension of the deadline date for the federal prosecutors to file their brief in Carrie Neighbors' appeal.

Imagine that....this case has been in the federal prosecutors(Marietta Parker and Terra Moorehead ) hands since '05 and the 10th circuit prosecutors do not have a rebuttal to the appeals motion in a timely manner.

Both Parker and Moorhead were removed from the YH case. The 10th circuit prosecutor's office had to reinvent the YH case for the appellate court with prosecutors that hadn't worked with the case before.

Marietta Parker, with her ambitions of a judge appointment, was (involuntarily?) retired while Terra Moorehead was (re)moved to "other duties" so they are not doing the follow up on CNs appeal.

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RedOctober 2 years, 7 months ago

Yet another reason to anxiously await the coming of glorious Socialism.

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smitty 2 years, 7 months ago

My private theory.....Like profiling?... based on observations and repeated patterns of behavior? So based on what you believe, who files what motions in Oct?

Defense has quite a few probabilities for motions to dismiss including the 6th amendment. Before going into the background work on some of these other possibilities like KUPD (MichaelJ) Riner, I bet on basic constitutional rights in the first defense motion.

*A motion hearing in the Guy Neighbors case is scheduled for Oct. 24.

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somebodynew 2 years, 7 months ago

Well, smitty once again you have taken certain facts and twisted them to your liking, but that seems to be the norm for you. What color is the sky in your world ??

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Ron Holzwarth 2 years, 7 months ago

We read a lot about victimless crimes being solved in the newspaper, drug sales and possession being number one and two on the list, of course.

So, a lot of the citizens's tax dollars are being spent on solving and prosecuting cases where there are no victims, but there seem to be unsolved burglaries in the newspaper all the time.

I wonder, are there more bonus points awarded for drug arrests and convictions than there are for solving and convicting burglaries?

Is there something wrong with this picture, or is it just me?

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smitty 2 years, 7 months ago

goodcountrypeople, the silence by the LE is called the blue wall of silence or the big blue secret if it is a law enforcement officer involved in domestic abuse that is covered up.

The gag orders are as stated above, court ordered.

An example of the blue wall of silence meets the arrogance of assumed cover up and protection from fellow officers is KUPD (MichaelJ) Riner doing something that ethically should have never been done...MJRiner posted information and disparagement about the YH case which he investigated and a severed as a federal witness...no gag order needed for Riner's posts to be a reason for the dismissal of the YH case. Riner broke the laws by his actions.

Remember when the LPD drug unit officer, Peck , was fired for saying there was an insider in the LPD(drug unit) who leaked information that protected a drug supplier from arrest? Peck claimed he was framed. The same federal prosecutors that are over YHs case dismissed vast numbers of drug cases due to Pecks dismissal(claimed a frame up) due to defense attorneys filing dismissals or the ability to file them.

*In his letter to Olin, Peck wrote that in December he and a confidential informant learned an out-of-town drug ring had set up shop in Lawrence.

Peck told Olin that shortly after he filed a Dec. 18 memo about the ring with his superiors and the department's drug enforcement unit, the drug operation suddenly and inexplicably folded.

"Almost immediately after filing the memo ... my informant advised me that the members of the drug ring came to him and told him that they knew of the police investigation," Peck wrote in the memo to the department's internal affairs office.

The informant, Peck wrote, said he was told the drug ring had people inside its hometown police department and the Lawrence Police Department.

Shortly after reporting the possible leak to internal affairs, Peck wrote that he "became the focus of the internal investigation which has now led to my termination."

Olin is expected to deny Peck's interpretation of events.**

*JW 2-13....Some of them are given breaks. That's the way it works," Khatib said. "You have to give people some breaks to get the guy next up the ladder."**

Khatib was actively present in both the Peck claimed frame up and the YH claimed frame up.

The same thing applies to any case where an officers illegal actions are present and known. However in this case, Riner's posting has not yet been challenged by the defense attorneys. So far the wall of silence still officially exists over Riner's actions ....

...so far.

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goodcountrypeople 2 years, 7 months ago

Yeah, one reasons Lawrence is such a dirty, backward, and unethical town is because of all the gag orders law enforcement puts in place to block the truth from becoming public. It seems absolutely barbaric to hold someone in jail for several months for sending a critical email.

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blue73harley 2 years, 7 months ago

Maybe Guy could use a vacation from incarceration. Perhaps hang out with Casey Anthony down South for a while. She's innocent, too, dontcha know.

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retronutcase 2 years, 7 months ago

When is the grand re-opening sale at YH scheduled? Or do they need to wait to get inventory replenished first?

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smitty 2 years, 7 months ago

We must not leave out ex-KUPD and current officer on the FOP, Mike Riner who posted a on the YH associated with that computer from KU. Riner investigated and testified at CNs trial on a case that he was involved. He didn't even bother to make it look like a news leak, Riner took credit for the information.

Since this is the local news source it is reasonable to assume that anyone wanting to know more of the YH case wold log in here and read up. In other words, (MichaelJ) Riner biased the potential jury pool, That, in itself may be enough reason to throw out all of the YH case.

BTW, mj's posts have been removed by the JW. There has been no reply by the JW staff as to whether there removal was based on a court order or if the censorship was done voluntarily by the JW.

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smitty 2 years, 7 months ago

Then there is this ...

John Geery, the store’s manager, said business always has been good at the pawn shop, but it has about doubled over the last several years. Now, though, it has gotten to the point the store is becoming too cramped.

“We’ve got merchandise piled up on merchandise,” Geery said. “I’m a big fan of having a lot of stuff to show people, but it has gotten to the point that we need to do something.”

Plans call for the building to expand to the east, with some parking being moved to the back of the building. Construction is scheduled to start this spring.

Once the project is completed, expect the pawn shop to expand its offerings in both guns and jewelry. Geery said business for both has been good....

Geery disagrees with the statement of M T Brown but......it's an LPD quote...

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smitty 2 years, 7 months ago

Here's the JW story where Khatib sent M T Brown to Topeka to lobby for HB 2059 on behalf of the retailers who felt they did not have an equal playing field with the second hand stores. The law that built a new pawn shop (see JW archives)

Khatib sent M T Brown to lobby for the change in the law that would have protected YH from charges at the on set of the largest fencing operation in the history of the LPD....

http://www2.ljworld.com/news/2011/feb/05/lawrence-police-say-proposal-would-better-track-st/#c1524956 The measure would require second-hand stores, including pawnbrokers, to keep a register of all purchases, the seller’s address, sex and age, a copy of the seller’s identification card, and a general description of the goods received. The bill would not apply to organizations, such as Goodwill, that receive donated goods.

The proposal carries a $100 fine for the first violation and $500 for each subsequent violation.

Brown said some businesses in Lawrence have complained about other businesses not taking information, receiving stolen property and increasing their inventory.

“This sets up an unfair advantage for businesses with less-than-credible business practices,” he said

FYI....Khatib was involved in this case while he was on the drug unit at the on set of YHs investigation, then got removed rather quickly. Khatib c/sould have lobbied for the change in that law in '05 in lieu but didn't. We no longer have Olin to master mind the cover ups but we do have a chief now that started in '91 as the cover up of the Sevier shooting was in full bloom.

We need a citizens review board with investigative and subpoena powers to circumvent the complicity that city hall has in hiding these facts from the public....... Mike Amyx verified that the LPD and Olin were being investigated by a higher outside legal authority which was being handled through the city managers office. A citizens review board will take the city commission and manager out of the game of cover ups for the LPD with this implementation.

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smitty 2 years, 7 months ago

http://kslegislature.org/li/b2011_12/year1/measures/documents/hb2059_00_0000.pdf

HOUSE BILL No. 2059 By Representative Sloan

AN ACT concerning business and commerce; relating to the operation of second-hand stores. Be it enacted by the Legislature of the State of Kansas:

Section 1. (a) It shall be unlawful for any person to sell any item or items to a second-hand store unless such seller presents to the secondhand store, or agent of such second-hand store, a valid state driver’s license or nondriver's identification card, military identification card or passport containing such seller’s name, address, sex and date of birth.

(b) It shall be unlawful for any minor to sell an item or items unless such minor is accompanied by such minor’s parent or legal guardian that presents a valid state driver’s license or nondriver's identification card, military identification card or passport containing such parent's or legal guardian’s name, address, sex, and date of birth.

(c) It shall be unlawful for any second-hand store to purchase any item or items without obtaining a seller’s, or if the seller is a minor, the seller's parent's or guardian's valid state driver’s license or nondriver's identification card, military identification card or passport containing such seller’s or parent's or guardian's name, address, sex and date of birth.

(d) It shall be unlawful for any second-hand store to fail to maintain a register of all purchasing transactions at the time of receipt of such purchased items. Such register shall include all required information for each such transaction and shall be maintained for a period of five years from the date of such transaction. Such register shall include the following information:

(1) The time, date and place of transaction;

(2) the seller’s, and, if applicable, parent's or legal guardian’s name, address, sex and date of birth;

(3) a copy of the state driver’s license or nondriver's identification card, military identification card or passport; and

(4) a general description of the goods received.

(e) As used in this act:

(1) “Consumer goods” means goods primarily used for personal, family or household purposes;

(2) "purchasing transaction" means a transaction in which a secondhand store purchases consumer goods from a seller; and

(3) “second-hand store” means any establishment that engages in the business of buying, selling, or dealing in consumer goods that have been previously owned by another. "Second-hand store" includes "pawnbroker" as defined in K.S.A. 16-706, and amendments thereto.

(f) Any person violating the provisions of this section shall pay a fine of $100 and shall pay a fine of $500 for each subsequent violation. Sec. 2. This act shall take effect and be in force from and after its publication in the statute book.

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smitty 2 years, 7 months ago

Carrie's LAW WAS INTroDUCED INTO COMMITTEE THE WEEk AFTER HER CONVICTION. This law did not change one iota of the pawn shops responsibility. It simply added the second hand merchandise stores. YH was keeping records but were not protected from sellers who lied as the pawn shops are protected. The bought and paid for witnesses at CNs trial stated that the merchandise was not stolen....it's in the trial transcripts.....

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CalamityKim72 2 years, 7 months ago

Not to fuel Lawrence's finest fans, but my husband and I have had bad experiences with them and their lack of following up on reported stolen property. Back in 2009, our home was robbed as we were moving out of it. Numerous tools and "cords", for their copper, were stolen. We called the police and filed a report with a detailed item list, went through the whole nine yards of fingerprinting items in the house even. The officer that went through our house was very detailed and professional. Jayhawk Pawn had in the mean time, purchased an antique level from the theives, one that was on a police list as stolen property.Jayhawk Pawn owner was approached about the level and he said the only way to get it back was to pay him what he paid for it. When asked what would happen if we brought a police report back, he simply replied, I'm not going to GIVE it back without getting my money back. Aren't they also, like Yellow House, "required" to list all items bought and run them through the police list of stolen items? Items were also found and personally recovered at 12th St recyclers. Now, where was my follow-up with the LPD? WE, my husband and I, recovered our property and found the theives on our own, and then when my husband was confronting them, I was on the phone with 911 and was being told that I needed to call the officer that took the report and have him come out, that I didn't have an emergency, battery apparently isn't an emergency. After officers show up, I was with one officer going to a residence to look for tools, this officer informed me that I shouldn't have called the police so soon. That I should have just let my husband "beat the beep outta the guy, because he won't get justice in this town, and that they will be out of jail within 20 min. after gettilng there." What kind of police force do we have that an officer will say something like that? I believe that we have a divided police force. One part is newbies that follow the rules like robots, and then there are the "good ol boys" that don't follow them and seemingly allow things to knowingly go on to generate revenue and give the facade that they are helping us when in fact we are solving our own crimes, and apparently are allowed to carry out our own convictions. Yea! my tax dollars well spent.....We solved our own case and still didn't get our "pawned" property back. Wonder where all the money for Jayhawk Pawn remodel is coming from? maybe they should have their books looked at. See how many stolen items have passed through there. I know our antique level passed with no problem...since it isn't there anymore. Stop being lazy LPD and do the job you are being paid to do.

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autie 2 years, 7 months ago

the YH frame up? I used to be a framer back in the early 80's. We framed a number of small houses. I think my truck is tapped now. Is there a way to check it for bugs?

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BlackVelvet 2 years, 7 months ago

It's really a bad deal for GN. He is finally out of jail but his wife is IN jail. Gotta be really frustrating for him.

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oneeye_wilbur 2 years, 7 months ago

Really now, that stuff at Yellow House was stolen? The owners must have been glad to have it taken. It sure would not have brought much at a yard sale.

All this time wasted on a place selling washers and dryers and used vacums and some old CDs and tapes.

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been_there 2 years, 7 months ago

Wait, are my car doors locked? Better check the garage too.

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observant 2 years, 7 months ago

Glad to hear that thieves will now have a place to sell their stolen goods. Should be a real boost to local economy.

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boxers_or_briefs 2 years, 7 months ago

Sweet, Will Yellow House have a grand reopening later this week?

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UNIKU 2 years, 7 months ago

HE WAS FRAMED! POLICE ARE BIG AND MEAN AND BAD!

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Scott Morgan 2 years, 7 months ago

Wilford oh Wilford......Oh my do we ever need Wilford Brimley as he appeared in Absence of Malice to clear this up!

.......federal prosecutors accuse him of selling stolen goods from the secondhand store, which had operated at 1904 Mass..........

???State secrets, nuclear weapon codes, fencing stolen goods to bring in underage girls selling them into slavery without wearing a seatbelt, terrorism, jumping off sides on the 1 yard line????

...........his wife Carrie Neighbors, 50, was sentenced to serve eight years in prison after a jury convicted her in the case. She is appealing the verdict.........

I just do not get this whole thing. On the other side of thinking, if it is as the Yellow House people say it is, some television or movie producer would have made this into a movie.

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BruceWayne 2 years, 7 months ago

This comment was removed by the site staff for violation of the usage agreement.

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Flap Doodle 2 years, 7 months ago

Where are the usual suspects on this sort of thread?

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