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Archive for Wednesday, May 21, 2014

Judge dismisses indictment against former Yellow House owner, cites unconstitutional delay

May 21, 2014

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Guy Neighbors, pictured here with his wife, Carrie Neighbors, in a Journal-World file photo, had an indictment dismissed by a federal judge this week.

Guy Neighbors, pictured here with his wife, Carrie Neighbors, in a Journal-World file photo, had an indictment dismissed by a federal judge this week.

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Guy Neighbors indictment dismissed ( .PDF )

A federal judge has dismissed a 19-count indictment against Guy Neighbors, the former Yellow House store owner whose case has spanned nearly seven years with multiple lengthy delays.

Originally indicted with his wife, Carrie Neighbors, in a 2007 federal complaint, Guy Neighbors’ indictment was dismissed this week by U.S. District Judge Carlos Murguia, who said the multiple delays in proceeding to trial violated Neighbors’ constitutional right to a speedy trial.

Prosecutors charged Neighbors and his wife in 2007 with multiple counts of wire fraud, conspiracy and money laundering and accused the couple of selling stolen goods from their former second-hand store at 1904 Massachusetts St. and on eBay. Carrie Neighbors was convicted by a federal jury in 2010 and is serving an eight-year prison sentence in West Virginia.

But when Guy Neighbors was found incompetent to stand trial and ordered hospitalized in 2009, his case was put on hold for almost three years. Murguia wrote that at least some of Neighbors’ time in custody could have been prevented had he been transported more quickly to undergo voluntary medication. Murguia also wrote that Neighbors should have been taken to Leavenworth instead of North Carolina to be closer to his wife, who stood trial in Kansas City, Kan.

Neighbors was released on bond in September 2011, but his case was again delayed for nearly two more years when his lawyer suffered health issues. Murguia said that delay was outside all parties’ control. But in calling all of the delays in the case "excessive and oppressive," Murguia found enough factors to weigh in favor of a constitutional violation. He said Neighbors’ ability to present his defense was impaired and that he still had no closure more than six years after the indictment.

Neighbors said that, while fighting the charges, it was difficult applying for jobs. But he eventually found work at a local Kia dealership. “Without that opportunity I don’t know where I’d be,” he said. Neighbors said he is now asking for the return of evidence seized during the investigation, including two laptop computers. He is also asking for an investigation into the Lawrence Police Department’s handling of the investigation before federal prosecutors took over the case.

“I have no hard feelings,” he said. “If you have hatred in your heart it takes up the space for love.”

Comments

Leslie Swearingen 7 months ago

Interesting, I am glad that he is doing so well, but it is not so good that his wife is in prison. They didn't waste any time putting her behind bars, did they? It has been so long I have forgotten the details of the case and don't have the will to research it.

Que sera, sera.

Amy Heeter 7 months ago

Congrats Guy. hopefully Carrie can be released on appeal.

Julius Nolan 7 months ago

Guilty as hell, technicality lets him walk.

Kevin Elliott 7 months ago

while I agree that I feel they are guilty, I also thought OJ was guilty as well. However, I do not consider Constitutional rights to be a technicality. I consider them essential to a democracy. Our justice system is far from perfect, and I do hate it when the guilty go free, but I do not want to give up the rules that make our system better than most in the world. while those same rules at times benefit the guilty, they also keep the government from over reaching and they are there to protect the innocent as well The justice system should follow rules that help keep it void of corruption. Again, It is filled with problems, but rules are not one of them.

Guy Neighbors 7 months ago

Well, I have been indicted on 7 frivolous cases that have all been dismissed, we have filed several formal complaints addressing missing evidence all ignored...and my 1st attorney's investigator interviewed several people who claimed the 2 lead officers Bialek and Rantz were impersonating FBI in violation of 18 U.S.C. 912 and 913, and this issue was ignored as well, so it would appear the public is being held to a strict standard but law enforcement can violate federal laws without accountability, something is wrong with this picture!

http://www2.ljworld.com/users/photos/2014/may/22/274194/

Me and my grandson Elijah at work.

Me and my grandson Elijah at work. by Guy Neighbors

Guy Neighbors 7 months ago

Here is a copy od the Judges docket sheet entry. 05/19/2014 681 MEMORANDUM AND ORDER granting in part Defendant Guy M. Neighbors' 635 Pro-Se Motion to Dismiss the Pending Indictment[] with Prejudice on Grounds of Due Process of Law Violation. Further, granting Defendant Guy M. Neighbors' 656 Motion to Dismiss with Prejudice. Further, all other pending motions are denied as moot. The status conference set for May 29, 2014 is cancelled. Further, the Second Superseding Indictment is dismissed with prejudice. Signed by District Judge Carlos Murguia on 05/19/2014. Mailed to pro se defendant Guy Neighbors by regular mail. (mg) (Entered: 05/19/2014)

Angel Adams 7 months ago

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

Guy Neighbors 7 months ago

Well Mr. Adams all you need to do if you want to buy stolen goods is to head over to the local Pawn shop. That is where our inventory ended up for sale after the police stole it from us.

Angel Adams 7 months ago

I would agree that you're beat down... from guilt.

Guy Neighbors 7 months ago

lol,lol well just make sure you pay your taxes ok

Guy Neighbors 7 months ago

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

Guy Neighbors 7 months ago

I want to say thank you to all of the wonderful people who supported my wife's business for the 24 yrs. She will be home real soon and we will then let Mr. Adams know what our plans are for the future. I feel special that he is so concerned about out future. I think there will be dollar signs in our future somewhere along the line!!!

Angel Adams 7 months ago

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

Sarah Lockwood 7 months ago

Congratulations, Guy. You were nothing but helpful, generous, and kind when I had the pleasure to work with you in purchasing my car last year. You went above and beyond and I am so happy you are able to move forward from this situation!

Julius Nolan 7 months ago

The racism claim, surprised it took so long to be raised.

Julius Nolan 7 months ago

I didn't make the racist claim, you did. Prove it! So you have a brain dead friend who's a racist cop, therefore all law enforcement people people are.

Julius Nolan 7 months ago

Born and raised in South. Know what klan is. Know what racism is. Obvious you don't. Voted both times for Obama. Have served as deputy sheriff in south. Won't deny some law enforcement people are racist. Guy got off on technicality, not because he was proven innocent in court of law. Mixed marriage had nothing to do with multiple charges from multiple agencies.

Larry Miller 7 months ago

Congratulations Guy. Looking forward to seeing Carrie come home.

Scott Morgan 7 months ago

God speed to Carrie, my wife and I enjoyed dealing with you. Can't believe how a city turned on them, other areas cheer the Yellow House concept.

Oh, and to folks who do not know, Guy and staff sold and serviced cheap appliances. Sounds horrible, but think.

A company unlike (insert name of big company here) who scoff at the idea of fixing something for a low price just to keep a family going.  "Oh my God lady, this thing is old, cost you more to fix it, now let me show you the new fancy dancy xxxxx."

Not much profit in hauling a 90 dollar refrigerator cross town and then installing. Right Guy? How many of us can even do it? Take out an old zillion lb stove, and put in a newer one?

Guy and staff did it. How many times Guy? How many elderly did you fix an old junker washing machine for? How many folks did you just do a favor for, find a part, and even better, you listened?

Wish Guy could tell us how many washing machines or beat up old stoves he replaced on the cheap or fixed. How many bucks he carried folks for. In another area of the country, a person like Guy was admired.

Not everybody can pull out a Sears card and bada bing, put in new appliances. Especially in these times.

Scott Morgan 7 months ago

I am not the Scott Morgan running for office. In fact I may need to not post anymore until the election is over just to be fair. Again, I am another Scott not a Lawrence native.

Guy Neighbors 7 months ago

You know its interesting how some people only focus on what the police and the gov. said was going down, and no one will address the police misconduct involved during the investigation. Nolan maybe you can comment on why you think it is that the local D.A. refused to prosecute the case! Our justice system is broken, can any of you tell me what jurisdiction the court is in when you are in federal court? Can someone tell me why at the beginning of every single proceeding in federal court begins with the attorney making an appearance, when your attorney stands up in court and says "Your honor John Smith here representing the defendant Joe Jones" could it be at that point the attorney is giving the court jurisdiction and consent to contract with you without your consent or knowledge. Could this be call contracting through acquiescence. The Federal Gov. has a 98% conviction rate, and all 98 % of those convicted were provided with an attorney so please take a sec. to do the math if all those people were convicted and they had attorneys it would appear to me that having an attorney will place you in the 98% to be convicted! Let me ask you another question if your attorney convinced you to take a plea do you think he or she would get a bonus called an assistance of counsel bonus (3500.00). Lets do some more math if the Federal gov. has a 98% conviction rate than attorney's would be able to take on many cases at one time because 98% of them are going to plead out, so if the attorney decides to really defend someone and proceed to trial than they would have a huge problem because they would not have time to take the cases to trial in a timely manner which means they would lose their practice and if the prosecutor demanded the attorney throw someone under the bus and the attorney refused the prosecutor could refuse to do plea deals with that attorney and he or she would be in a real pickle because they would not be able to take all the cases they have on their plate to trial in a timely manner. One more question to think about, attorneys charge 300 to 600.00 per hr. to defend a client however when they are appointed to defend a defendant in federal court they are paid 125.00 per hr. what kind of defense do you think you will receive when the attorney paid by the justice fund to defend you is being paid 1/3 or less of what they generally charge, yep not a very good defense. What you get is "hurry up and take the deal because their is nothing we can do", "you will get much more time if you fight the charges" ect... I can tell you those of you who think you have constitutional right have a lot to learn,,, the only way you are afforded these rights is if you can figure a way to force the court to respect those rights and it takes a very long time to get that job done! I will tell you until you walk in those cheap Bruce Lee shoes in an orange jump suit you have no idea of the reality.

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