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Archive for Wednesday, March 7, 2012

Prosecutors dismiss drug charges against 32-year-old Lawrence man

March 7, 2012

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Douglas County prosecutors have dismissed drug charges against a 32-year-old Lawrence man.

Charges of possession with intent to distribute marijuana, possession of drug paraphernalia and distributing or possessing marijuana as a dealer without a drug tax stamp against James F. Auten were dropped Tuesday.

District Attorney Charles Branson said prosecutors dismissed the charges because they now believe there is insufficient evidence to prove Auten intended to possess the marijuana on June 29. They could re-file charges later because the case was dismissed without prejudice.

Auten was listed as a Kansas University student at the time of his January arrest. He has been on parole since October 2010 after he was sentenced in 2006 to serve a 65-month prison sentence for entering a plea to aggravated sexual battery, aggravated battery and aggravated assault charges. In that case a female acquaintance alleged he raped her, stole her phone and held her in a bedroom at knife-point. He also had a case dismissed around the same time after he was accused of calling in a bomb threat at The Granada, 1020 Mass.

Comments

Flap Doodle 2 years, 1 month ago

Somebody hit the flush lever.

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smitty 2 years, 1 month ago

Above, Carrie Neighbors civil suit points out guns from the LPD evidence room were located at a specific Lawrence pawn shop and the LPD evidence room apparently were "unaware" that the gun was "missing"

......Odd that guns from the LPD evidence room end up at a local pawn shop but never, ever.....repeat...Never...has a gun from the evidence room showed up at the YH. YH would never, ever, Never take stolen guns from the LPD or any one else so the stolen gun, eh missing gun, from evidence room gets pawned........

Just how does a gun come up "missing" from the LPD evidence room without the "knowledge" of the LPD? This is not a ticket for ticket back scratch, it's corruption within and by our LPD and the complicity of the city government.

An honest audit and investigation into the LPD''s police culture and the city manager/commission's lack of oversight is a start.

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smitty 2 years, 1 month ago

There is nothing to prosecute for had HB 2059, Tom Sloan R, been a law at the time the harassment of the YH started.

HOUSE BILL No. 2059 By Representative Sloan 1-24

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.

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smitty 2 years, 1 month ago

UNIKU invoked the YH topic again... ...Criminal and civil suits are quoted .....get with the program and criticise the cut and paste....

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS(Kansas City Docket)Guy Neighbors and Carrie Neighbors Plaintiffs)

V.US Assistant Attorney Marietta Parker US Assistant Attorney Terra Morehead Lawrence Kansas Police Officer Jay Bialek Lawrence Kansas Police Officer Micky Rantz Lawrence Kansas Police Chief Ronald Olin Postal Inspector David E. Nitz Internal Revenue Service Agent Robert Jackson Kansas University Detective Michael Riner Kansas City FBI Special Agent Walter Bob Robert (Shaefer) Schaefer Lawrence Police Officer Sean Brown City of Lawrence Kansas Lawrence Kansas Police officer Tarik Khatib Lawrence Kansas Police officer Lance Flachsbarth Defendants)

More to come from the Neighbors....G ad C Neighbors filed their intent before the trial of CN......filed during the process of the federal proceedings long prior to any trial. There should be no surprises for anyone mentioned in this motion....the Neighbors have been open about every step they intend to take.

BTW GN's trial has been rescheduled for Aug, 2012.

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smitty 2 years, 1 month ago

Good morning Lawrence!!

JW, the software you use is messing up. This thread, contrary to others, is bumped off the most discussed as are most of the threads that invoke the YH.

What's up with that??

As Carrie Neighbors' method continues there will surely be more civil suits to come. Just read the names in the ones already called out.

Conspiracy? Black helicopters?? Tin foil hats......LPD has the supply of them at city hall. roflmao

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smitty 2 years, 1 month ago

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

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smitty 2 years, 1 month ago

ABUSE OF DISCRETIONARY AUTHORITY:

HARASSMENT:

An attorney Kevin Regan law firm in the Western District of Missouri. at the direction of the Assistant U.S. Attorney Marietta Parker, sent letters harassing and threatening the Neighbors, based upon the false pretense that he represented Lawrence Kansas Police officer Michael McAtee. Mr. Regans name is not listed as the City attorney provided to officers for representation over Police matters. Mr. Regan states in the letters that he was a personal friend ofProsecutor Marietta Parker for more than 20 years.

On October 19,2010, Ms. Neighbors communicated to her husband via a CCA recorded phone call that Louis Marshal would be accompanying her at his hearing. On October 20, 2010, Micky Rantz falsely arrested Louis Marshal on a falsified State Warrant, with a forged Judges signature, in Federal Judge Carlos Murguia'S court room. Mr. Rantz had the Marshall's place Mr. Marshal in a Federal holding cell with Guy Neighbors. As part ofthe cover-up, the public arrest log falsely showed [400 State Avenue, Kansas city Kansas] as the location ofthe arrest, instead of the actual location ofthe Department ofJustice, at [500 State Avenue].

In 2007, at the expense of the Lawrence Tax Payers,

Officer Micky Rantz and Jay Bialek drove a police issued Crown Vic to Denver Colorado, to interview former Yellow House employee Sandra Donner. Ms. Donner was not called as a witness at trial. Annette Miller was a single mother with 2 children living in Denver also. Miller had filed a complaint with Internal Affairs Sgt. Dan Ward against several Lawrence police officers including Jay Bialek for harassment tied to the Yellow House case. On the same day as Ms. Donner's interview two men were seen in a Crown Vic with Kansas Plates in Annette Millers Apt. Parking lot.

A short man matching officer Bialek's description got out of the Crown Vic walked around her car and slashed all four of Annette Millers tires.

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smitty 2 years, 1 month ago

A civil suit most likely due to the fact that the city will not and has not addressed the corruption issues presented by the YH to the city over the LPDs activity.

affidavit of facts in support of: abuse of discretionary authority & witness tampering....

.....Nearly every Government witness involved in this case, committed perjury before the Federal court during the September 2011 trial in case .. Witnesses changed their original statements from their initial interrogations to suit the Governments needs. In exchange for their co-operation, witnesses had their own serious violent crimes covered-up, were shown leniency, and were set free from prison.

Witness coersion and intimidation:

In exchange for testimony in Plaintiffs property case witnesses were not charged for the following criminal acts:

Tony Reyes: Grand Theft Auto, Drug Trafficking.

Louis Parsons: Convicted Felon with Firearms, Gun trafficking including the sale of an AK-47 assault rifle to an undercover officer, Trafficking Narcotics.

LKPD Officers Jay Bialek and Micky Rantz: Theft and mishandling of Evidence, Falsified Documents, Misappropriation of City funds and Evidence, impersonation of a Federal Agent, perjury.

Patrick Nieder: Convicted felon with firearms,early release from incarceration. During Mr. Nieders interrogation he states to Lawrence Police officers Bialek and Rantz that he dealt with Patricia. Officers correct him and give him Carrie Neighbors full name. He then confesses to having been in possession of firearms while a convicted felon. He is assured by the officers that's not a problem.

Since several witnesses including, but not limited to, Nicole Beach and Mr. Nieder could not properly identify Ms. Neighbors during the initial interrogations, the Prosecution erected a large poster on an art easel at trial with various photo's including Ms. Neighbors Photograph and name on it.

James Ludwig: Cover-up of new information about a murder for hire, and his giving false information to a Grand Jury.

Postal Inspector David Nitz: Violations of Jurisdiction, Violations of search and seizure laws, failure to investigate, perjurious testimony presentment to the trial court of falsely inflated unsubstantiated dollar amounts that were not in accordance to Supreme court rule that defines "proceeds" as "profits".

Stacy Barnes Catlett: Not charged under the career criminal act, promised a reduced sentence on her identity theft charges, released from prison immediately following her testimony.

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smitty 2 years, 1 month ago

YH was invoked!!!!...Carrie Neighbors filed a civil suit against the LPD's Bialek and Rantz and city...at the same tine that the tickets for tickets was reported.

IN THE DISTRICT COURT OF DOUGLAS COUNTY, KANSAS Civil Court Department [Lawrence Kansas] CARRIE NEIGHBORS Plaintiff

CITY OF LAWRENCE KANSAS defendant

LAWRENCE KANSAS POLICE DEPARTMENT defendant

MICKY RANTZ defendant

JOHN JAY BIALEK defendant

COMPLAINT Conspiracy against rights Evidence violations

Demand for Jury Trial or Declaratory Judgment

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Bob Forer 2 years, 1 month ago

Is this the case where the police happened upon him in his car with an alleged customer a little while back?

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jhawkinsf 2 years, 1 month ago

Gotta wonder if the police recently implicated in fixing tickets were involved in this investigation. Perhaps, and I'm just guessing, without their testimony, there is not enough evidence. And of course, any testimony they would give would come under scrutiny. Just guessing.

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Matthew Herbert 2 years, 1 month ago

GEEESH. Of all the people to let off the hook - this guy? It sounds like this young man should not be released back into the public. Locking this guy up would benefit society.

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Clickker 2 years, 1 month ago

One of the reasons he appears to be habitually "let off" is that sometimes law enforcement may find it to thier advantage to have a 'criminal' working on the outside......if you know what I mean.

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MarcoPogo 2 years, 1 month ago

Another Mensa member escapes the clink.

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somebodynew 2 years, 1 month ago

Something tells me this won't be the last time we see this name related to criminal activity. He has already slid by with quite a few charges dropped. I just hate to see what might be next.

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somedude20 2 years, 1 month ago

This felon is quite the triple threat. Drugs, rape and terroristic threats, wow his mother and father must be so proud. This goon has all the skills to work for ole Brownback

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consumer1 2 years, 1 month ago

Hey Mr Auten, I hear yellow house is hiring, looking for a guy with your qualifications.

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Steve Swaggerty 2 years, 1 month ago

What magic evidence will they come up with that would enable them to refile charges?

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