"YELLOW HOUSE: IS THERE NO LIMIT?" by Marion / LJWorld.com

Blogs home Marion

YELLOW HOUSE: IS THERE NO LIMIT?

All else has failed, so now the government is claiming that Carrie Neighbors is crazy!

What in the Heck kind of country do we live in?

Extend a case four or five years and when you can't get a conviction, call the defendants "NUTS" ?

Shades of..................................................................................

Carrie might indeed be a little rattled,; so would you if you had The Men In Black after you for a few years!

This is one of the most despicable actions on the part of the United States of America that I have ever heard of.

Case 2:07-cr-20124-CM-JPO

Document 209

Filed 08/19/2009

Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS UNITED STATES OF AMERICA, Plaintiff, v. CARRIE NEIGHBORS, Defendant. ) ) ) ) ) ) ) ) )

Case No. 07-20124-01-CM-JPO

UNITED STATES’ THIRD MOTION FOR MENTAL EXAMINATION PURSUANT TO TITLE 18, UNITED STATES CODE, SECTION 4241 AND FOR A HEARING Comes now, the United States of America, by and through the undersigned Assistant United States Attorney and moves for a hearing on the government’s Motion for a Hearing on its Motion for Mental Examination pursuant to 18 U.S.C. § 4241 and thereafter, if the Court determines that there is reasonable cause to believe the defendant currently suffers from a mental disease or defect that renders her unable to assist in her defense, for an order directing a mental examination of the defendant, Carrie Neighbors, pursuant to Title 18, United States Code, Sections 4241 and 4247. In support thereof, the United States would state as follows: I. Procedural Background On September 13, 2007, the defendant was charged in case, No. 07-20124, by indictment with one count of conspiracy in violation of 18 U.S.C. § 371, 14 counts of wire fraud in violation of 18 U.S.C. §§ 1343 and 2, and four counts of money laundering in

Case 2:07-cr-20124-CM-JPO

Document 209

Filed 08/19/2009

Page 2 of 6

violation of 18 U.S.C. §§ 1956 and 2.1 She was released on bond with conditions that, inter alia, directed her to refrain from committing any state or federal crimes and not to have any contact with potential witnesses in this case. On August 20, 2008, the defendant was charged jointly with Guy Neighbors with one count of obstruction of justice in violation of 18 U.S.C. § 1512. On August 11, 2009, at a hearing on co-defendant’s, Guy Neighbors’, motion for mental examination, certain representations were made concerning Carrie Neighbors’ current mental condition, indicating that there presently exists reasonable cause to believe that the defendant may presently be suffering from a mental disease of defect that renders her incompetent. Based upon those representations, the United States moves for an order directing Carrie Neighbors to the custody of the Attorney General for a psychiatric or psychological evaluation pursuant to the provisions of 18 U.S.C. §§ 4241 and 4247. II. Applicable Legal Principles Title 18, United States Code, Section 4241 provides in pertinent part: (a) Motion to determine competency of defendant – At any time after the commencement of a prosecution for an offense and prior to the sentencing of the defendant, the defendant or the attorney for the Government may file a motion for a hearing to determine the mental competency of the defendant. The court shall grant the motion, or shall order such a hearing on its own motion, if there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense. (b) Psychiatric or psychological examination and report -1

In a second superseding indictment filed on June 18, 2008, the charges were amended by dropping one of the money laundering counts. 2

Case 2:07-cr-20124-CM-JPO

Document 209

Filed 08/19/2009

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Prior to the date of the hearing, the court may order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court pursuant to the provisions of section 4247(b) and (c). * (d) If, after the hearing, the court finds by a preponderance of the evidence that the defendant is presently suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense, the court shall commit the defendant to the custody of the Attorney General. The Attorney General shall hospitalize the defendant for treatment in a suitable facility – (A) for a reasonable period of time, not to exceed four months, as is necessary to determine whether there is a substantial probability that in the foreseeable future he will attain the capacity to permit the proceedings to go forward;.... 5. Title 18, United States Code, Section 4247 provides in pertinent part: (b) Psychiatric or psychological examination.--A psychiatric or psychological examination ordered pursuant to this chapter shall be conducted by a licensed or certified psychiatrist or psychologist, or if the court finds it appropriate, by more than one such examiner.... For the purposes of an examination pursuant to an order under section 4241, 4244, or 4245, the court may commit the person to be examined for a reasonable period, but not to exceed thirty days, and under section 4242, 4243, or 4246, for a reasonable period, but not to exceed forty-five days, to the custody of the Attorney General for placement in a suitable facility. Unless impracticable, the psychiatric or psychological examination shall be conducted in the suitable facility closest to the court. (c) Psychiatric or psychological reports.--A psychiatric or psychological report ordered pursuant to this chapter shall be prepared by the examiner designated to conduct the psychiatric or psychological examination, shall be filed with the court with copies provided to the counsel for the person examined and to the attorney for the Government, and shall include-3

Case 2:07-cr-20124-CM-JPO

Document 209

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(1) the person’s history and present symptoms; (2) a description of the psychiatric, psychological, and medical tests that were employed and their results; (3) the examiner’s findings; and (4) the examiner’s opinions as to diagnosis, prognosis, and-(A) if the examination is ordered under section 4241, whether the person is suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense;.... III. Argument Under 18 U.S.C. § 4241, when any “reasonable cause” exists to suggest that the defendant may presently be suffering from a mental disease or defect rendering him incompetent, the government or the defense may file a motion for a hearing to determine the mental competency of the defendant. Once a defendant’s competency has been called into question, the “burden is placed on the prosecution to prove that the defendant is mentally competent to stand trial.” United States v. Veatch, 842 F. Supp. 480, 482 (W.D. Okla. 1993). To determine whether a criminal defendant is competent to stand trial, the relevant inquiry is “whether [the defendant] has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and whether he has a rational as well as factual understanding of the proceedings against him.” Dusky v. United States, 362 U.S. 402 (1960). The United States respectfully submits that should the court determine that there is reasonable cause to believe that the defendant presently suffers from a mental disease or defect that prevents her from assisting in her own defense, that she immediately be ordered into the custody of the Attorney General for a psychological or psychiatric 4

Case 2:07-cr-20124-CM-JPO

Document 209

Filed 08/19/2009

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examination to determine her competency. Under § 4241, the government is entitled to such an examination and the government submits that ordering the Attorney General to conduct a mental evaluation accomplish two important purposes. First, the examination can be conducted in a timely manner if the examination is conducted while the defendant is residing in a federal medical facility and will be conducted while the defendant is under continuous observation there by persons trained to conduct mental examinations. Consequently, the results of that examination will be timely and extremely reliable. Second, if, after an examination the health care professionals at the federal medical facility determine that the defendant is presently incompetent to assist in her own defense, she will be in a hospital, where the health care professionals can satisfy the requirement of § 4241(d) to determine whether there is a substantial probability that the defendant will attain the capacity to permit the proceedings to go forward. While in the custody of the Attorney General, she can receive appropriate psychological and psychiatric treatment as the Court and the health care professionals determine necessary. WHEREFORE, for the foregoing reasons, the government moves this Court for an order granting the United States’ Third Motion for Mental Examination pursuant to 18 U.S.C. § 4241 and committing the defendant, Carrie Neighbors, to the custody of the Attorney General for a reasonable period, but not to exceed thirty days, for placement in

Case 2:07-cr-20124-CM-JPO

Document 209

Filed 08/19/2009

Page 6 of 6

a suitable facility for a mental examination by a qualified psychologist or psychiatrist pursuant to the provisions of Title 18, United States Code, Section 4247. Respectfully submitted, LANNY D. WELCH United States Attorney

S/Marietta Parker MARIETTA PARKER, # 77807 Assistant United States Attorney 500 State Avenue, Suite 360 Kansas City, Kansas 66101 (913) 551-6730 KS D.Ct. No. 77807 marietta.parker@usdoj.gov

Certificate of Service I hereby certify that on the 19th day of August, 2009, the foregoing was electronically filed with the clerk of the court by using the CM/ECF system which will send a notice of electronic filing to the following: John Duma 303 E. Poplar Olathe, KS 66061 Attorney for Defendant Carrie Marie Neighbors I further certify that on August 19, 2008, the foregoing document and was hand delivered to the following: None

S/Marietta Parker MARIETTA PARKER, # 77807 Assistant United States Attorney

Marion writes:

ZU BEFEHL!

By Marion Lynn

August 20, 2009

Marion

Discussion

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Read our full policy. Also, read about banned accounts and harassing comments.

21 August 2009
at 1:30 a.m.

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was_freashpowder2 (Alexander Neighbors) says…

the prosecutor has been trying for years to get them locked up by claiming they are Crazy………..what ever happened to taking people to trial ?

http://www.scribd.com/doc/15121192/Ma…
21 August 2009
at 1:38 a.m.

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Marion (Marion Lynn) says…

was_freashpowder2 (Alexander Neighbors) :

Marion writes:

Does sorta make one wonder just who the nut is,doesn't it?
21 August 2009
at 4:22 a.m.

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was_freashpowder2 (Alexander Neighbors) says…

whats Really sad is Guy has been lock up in federal prison this whole time and he is still awaiting trial…….. so Pretty much if the prosecutor Has no evidence she can get your bond revoked and then claim you are too crazy to stand trial and get you locked up forever…….

http://www.scribd.com/doc/10321442/Vi…
21 August 2009
at 10:31 a.m.

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was_freashpowder2 (Alexander Neighbors) says…

well…… Marietta .Parker was crying during court during one of the hearings
21 August 2009
at 10:45 a.m.

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snap_pop_no_crackle (Anonymous) says…

LJW continues it's march toward becoming river*itytalks 2.
21 August 2009
at 10:46 a.m.

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The_Original_Bob (Anonymous) says…

Lame.
21 August 2009
at 10:47 a.m.

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jimmyjms (Anonymous) says…

Funny that the ex-narc is on here ranting about “the man.”

21 August 2009
at 10:53 a.m.

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trinity (Anonymous) says…

i ain't believin' this “blog”. shame on you, ljw.
21 August 2009
at 10:59 a.m.

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smitty (Anonymous) says…

Indefinitely delayed the trial that has been pending for over four years as it is?

What's with the JW not covering this story?
21 August 2009
at 11:12 a.m.

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smitty (Anonymous) says…

The last so called trial date in Oct has been indefinetly delayed. The feds have court ordered a mental evaluation of both the Neighbors that indefinately delays the trial.

http://www.scribd.com/doc/18494611/Fe…

http://www.scribd.com/doc/18957763/Go…

So the delay in the trial date is not worthy of JW coverage?
21 August 2009
at 11:44 a.m.

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snap_pop_no_crackle (Anonymous) says…

It seems that press boxes are no longer girlfriend's crusade de jure.
21 August 2009
at 1:39 p.m.

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was_freashpowder2 (Alexander Neighbors) says…

don't worry there is a story coming this is huge this will make some new First's for the Department of justice

First man ever put in prison for filling complaints
First Federal Case that has gone on for 5 years Waaaaayyyyy past the speedy trial act limit…
First Federal Case that was dismissed then brought back (after snooping into the LPD started)
21 August 2009
at 1:46 p.m.

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The_Original_Bob (Anonymous) says…

First family that gets their own jail cell together.
14 September 2009
at 1:27 p.m.

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was_freashpowder2 (Alexander Neighbors) says…

The original bob …………

Ya know I would ave thought the same thing but the charges were dropped 3 years ago for lack of
1. A Case
2. Real Evidence that shows any crime took place
3. Victims
4. Witnesses

Ya know the basic things you need to have a trial. If you have not noticed the govt doesnt want to take them to trial they want to claim they are Crazy…….
27 September 2009
at 3:28 a.m.

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was_freashpowder2 (Alexander Neighbors) says…

As I remember it correctly guy and carrie both had an extensive mental evaluation less then 7 months ago and were deemed compotent to stand trial which was sched for oct 2009….

Why in the world would the federal prosecutors request a second mental evaluation ?

I predict there will be a request for a new mental evaluation every 7 months since it seems to be the only way to keep extending the trial.

9 November 2009
at 10:42 p.m.

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was_freashpowder2 (Alexander Neighbors) says…

wow I cant believe it This has been going on for 5 years now and there still is no trial date set….
9 November 2009
at 10:53 p.m.

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thebcman (Anonymous) says…

Alex and Mary Ann need to get a room.
9 November 2009
at 11:10 p.m.

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notajayhawk (Anonymous) says…

Isn't it amusing that the feds are claiming the defendants were sharp enough to enter into a conspiracy and commit numerous acts of fraud and money laundering (all the while keeping their business operating), but they're suffering from a mental defect that prevents them from assisting in their defense? Does seem a tad contrived…
19 November 2009
at 7:38 p.m.

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was_freashpowder2 (Alexander Neighbors) says…

notajayhawk-
––––––––––––––––––-
you are right on the money with that one….. whats even more Crazy is Guy and Carrie both had Mental exams earlier this year and were deemed competent to stand trial in oct 2009. so why would a prosecutor Request a second mental Evaluation after the defendants already passed a mental evaluation .

For those of you that don't know what the mental evaluation is:
The mental evaluation pretty much checks to see if you understand the rolls of the judge and the jury and prosecutor …etc…. if you understand whats going on then your deemed competent to stand trial.

strange fact:
In a trial the Defense attorney is usually the ones who claim their clients are crazy. In this case the Prosecutor is claiming the defendants are crazy******
but only after the charges were dropped back in 2007.
Then the prosecutor claimed they were crazy again days before the trial was supposed to take place…..

There is a clear pattern of abuse going on here .
19 November 2009
at 7:40 p.m.

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was_freashpowder2 (Alexander Neighbors) says…

Here is a Federal Judges Ruling on the Case where he outlines Everything. Then its clear to see why the prosecutor is committing these illegal acts….

http://www.scribd.com/doc/22094845/Ju…
20 November 2009
at 11:33 a.m.

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smitty (Anonymous) says…

“The government put up no information to refute this statement” is a term used frequently as I read the document. This term of no refute is used referring to several issues at question. Judge Lungstrum dismissed the case with prejudice on Dec 21, 2007.

dismissal with prejudice - When a case is dismissed for good reason and the plaintiff is barred from bringing an action on the same claim.

federal judge says legal system corrupt beyond recognition.

Take a look at the supreme court and the case on federal prosecutors who knowing use fabricated evidence and other false evidence to gain a conviction.

**Washington — Supreme Court justices struggled Wednesday with whether prosecutors, who usually are shielded from civil rights lawsuits, can be held responsible for framing defendants with false testimony and fabricated evidence………Chief Justice John Roberts …..”We're concerned about the chilling effect on the prosecutors.”**

http://www.usatoday.com/news/washingt…

http://www.msfraud.org/law/lawarticle…

How the Government Breaks the Law
http://www.federalobserver.com/archiv…

After I posted the information and comment on the supreme court case of corruption by federal prosecutors the JW blocked further comments.

http://www2.ljworld.com/news/2009/jun…

9 November 2009 at 9:06 a.m.

smitty (Anonymous) says…

If you failed to view the video on judicial corruption you also missed how our local news source, JW, fits into the scenario exactly as defined in that video.

Just one more piece to a major cluster …. that America calls justice.

Keep an eye open to see if the supreme court rules in favor of corrupt by the federal prosecutors over justice. The Neighbor's case has so many similarities to the one in front of the supreme court. If you have not read then you need to know that the defendants spent time in federal prison only to be found framed by federal prosecutors through roll over witnesses cutting deals, out and out abuse of power, perjury coached by federal prosecutors, also a racial bias.

This is insane but it isn't the Neighbors.
20 November 2009
at 11:58 a.m.

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puddleglum (Anonymous) says…

is it possible that they faked the first test?
20 November 2009
at 12:04 p.m.

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snap_pop_no_crackle (Anonymous) says…

This thread, is there no limit?

20 November 2009
at 12:08 p.m.

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was_freashpowder2 (Alexander Neighbors) says…

Puddleglum:#
is it possible that they faked the first test?
–––––––––––––––––––––––-

The only reason someone would fake this is test is so they don't go to trial, if you fake the test to pretend your incompetent to stand trial you get out of being prosecuted but you get locked up in the loony bin.

Also Again the test is just to make sure you know the jobs of the people in the court room. You need to understand what the judge does, what the Jury do, how the court system works. What can happen if you go to trial. etc etc.

These test are long and extensive taking days to complete.

Anyways how could 2 successful business person of 27 years be incompetent to stand trial. Remember they are claiming Guy AND Carrie are both crazy.
(for demanding a trial)
20 November 2009
at 12:32 p.m.

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acg (Anonymous) says…

The Men in Black? Are the Neighbors' aliens? LOL. If their lawyer is any good they'll get whatever dismissed or overturned for not being given due process in a speedy trial. At this point I'd just let the prosecutors take as long as they needed and sit back and wait to argue that I wasn't given a speedy trial as defined by my constitutional rights. Eventually the case will leave this area, where they are so sure everyone is corrupted, and go on to a higher court of appeals and maybe then they'll get a fair shake.
20 November 2009
at 1:15 p.m.

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acg (Anonymous) says…

I didn't read all of marion's post, cause, well, u guys know, but that whole mental competency thing scares the hell out of me as far as the gov't goes. I have a friend who's girlfriend is a veteran. She found out a year or so ago that she has a mass in her lung. She went to VA and they said she had to have a difficult procedure to remove it but they had an alternate surgery that she could have that was highly experiemental if she was interested. She said she was not, she wanted the regular surgery that was time tested. The VA docs kept putting it off and rescheduling and then they tell her that she waited too long and could no longer get that regular surgery, it was the experiemental surgery or nothing. She raised a huge stink about it and the VA docs had her declared mentally unfit and they locked her in the loony bin portion of the topeka VA hospital. It took 5 days, and phone calls to everyone including congressman moore, to get her out. I don't trust the gov't at all. U guys keep fighting the good fight.
20 November 2009
at 1:18 p.m.

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was_freashpowder2 (Alexander Neighbors) says…

ACG
they'll get whatever dismissed or overturned …………
–––––––––––––––––––––––
The Case was dismissed in 2007 by a federal judge Please see the link below.

http://www.scribd.com/doc/22094845/Ju…

The Judge was disgusted with the federal prosecutors for bringing such a corrupt case to his court room.

**As soon as the charges were dropped the Lawrence police department started being investigated for what they did to Guy and Carrie*

This prompted the same charges that were dismissed to be refilled again in federal court with the prosecutor claiming she has discovered new evidence that crimes were committed (testimony from convicted felons in exchange for no prison time “aka Deals”).

*The federal judge outlines that these were the same charges that Carrie and guy were charged with 2 years prior that were dismissed. The judge then goes on to say this case can never go to trial because of the speedy trial act violations among other constitutional violations.
20 November 2009
at 6:16 p.m.

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was_freashpowder2 (Alexander Neighbors) says…

has anyone else had this same issue happen to them ?
21 November 2009
at 3:47 p.m.

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smitty (Anonymous) says…

The links I provided are now invalid. Try again….the link addys are the same but the links got disappeareded all the same. Read how our justice system is corrupt and the supreme justices are at odds over allowing the corruption.

Justices weigh lawsuits against prosecutors
http://www.usatoday.com/news/washingt…

federal judge says legal system corrupt beyond recognition.
http://www.msfraud.org/law/lawarticle…

Napolitano: How the Government Breaks the Law
http://www.federalobserver.com/archiv…

Of the cases that go to federal court to be prosecuted by our federal attorneys, 97% are plead out and never go to court. Of the 3% that have used the right to a trial come the corrupt federal attorney case. If you read the above info you will see how innocent black men were convicted and imprisoned for a police killing that the prosecutors used fabricated testimony, roll over witnesses who cut deals for testimony, federal attorney coaching of roll over witnesses, a framing for conviction.

there are so many commonalities of this case to what the Neighbors are claiming. Then to read the statements by a federal judge and Nalpolitano that confirms the corruption, only strengthens the doubt of the KC prosecutors actions toward the Neighbor's….Now consider how the defense attorneys play into this corrupt system.