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Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008


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,

UNITED STATES OF AMERICA

v. Plaintiff,

Carrie M. NEIGHBORS Case No. 07-20124-01-02-


~JW
(pv
Defendant,

Notice of Motion Requesting a

Change of Venue and to Have

Both Prosecutors Recues

Themselves from Said Cases as

To Avoid the Appearance of

A Conflict of Interest.

Comes now Defendant Guy Neighbors pro-se, and asks the honorable court
to change the venue of all the cases UNITED STATES V. GUY NEIGHBORS
& CARRIE NEIGHBORS 20124-01-01,07-20073-01/02 jwl/djw, 08-20105
jwl/jpo, from the State of Kansas to the State of Nebraska, and that the
Prosecutors Marietta Parker and Terra Morehead Recuse themselves from
the cases on the grounds that the Defendants cannot receive a fair trial or
be tried by an impartial prosecutor in the State of Kansas.
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 2 of 50

Wherefore the defendants pray that the courts will grant this
request in the interest of Justice, and the defendants would respectfully ask
the honorable court to court to consider the special circumstances
surrounding this case in that the prosecutor is now acting District Attorney
for the District of Kansas and the defendants have filed motions claiming
prosecutorial misconduct, have exhibits from other defendants that will
show a pattern of abuse and said defendants have filed a complaint against
the prosecutors under 42 U.S.C. 1983 for Civil Rights Violations.

The prosecutor now has a vested interest in getting a conviction above and beyond
the interest of Justice. The defendants pray the court will entertain this pro- se
motion as to avoid any appearance of a conflict of interest that could prejudice the
defendants.

The 141h Amendment guarantees the fundamental rights of citizens to due


process and such rights require the scrutiny of the Court. If the Court
decides that it has the right to deny the defendants due process by refusing
to consider their pre- trial pro-se motions, then the Court is failingto insure
justice in this case. Alternatively if no change of venue is granted, then the
defendants ask for a dismissal of all charges.

Because a defendant has no constitutional right to hybrid representation,


the decision to allow such representation lies within the sound discretion of
the trial court. This case merits such a need for pro-se motions because the
Prosecutors control over the defendant's attorneys have caused prejudice
upon the defendants in this case.

Although many jurisdictions have refused to recognize a right of counseled


defendants to exercise their 6th Amendment right to lend assistance of their

).
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 3 of 50

counsel in their own defense, it is ultimately left to the discretion of the


trial court to determine whether such participation is permitted (see, e.g.,
United States v Einfeldt, 138 F3d 373,378 [8th Cir], cert denied 525 US
851; United States v Tutino, 883 F2d 1125, 1141 [zd Cir], cert denied 493 US
1081; United States v Laf'hance, 817 F2d 1491, 1498 [nth Cir], cert denied
484 US 928; United States v Mosely, 810 F2d 93, 97-98 [6th Cir], cert
denied 484 US 841; United States v Halbert, 640 F2d 1000,1009 [9th Cir];
State v Frye, 224 Conn 253, 256, 617 A2d 1382,1384-1385; State v Long,
216 NJ Super 269 275-276, 523 A2d 672, 675-676).

While there may be circumstances where the unjustified refusal to

entertain meritorious pro se motions would constitute an abuse of

discretion, that circumstance does not apply when a defendants

Constitutional rights are jeopardized.

DEFENDANTS HAVE A CONSTITUTIONAL RIGHT TO BE HEARD

The decision to allow hybrid representation implicates the trial court's


function in ensuring the orderly administration of the proceedings and the
special circumstances in this case. (see, People v Mirenda, supra, 57 NY2d,
at 266). As such, it is a matter committed to the sound discretion and of the
Trial Judge.

The defendants respectfully ask this court to change venue or dismiss


through this pro se complaint under oath alleging violations of civil and
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 4 of 50

Constitutional rights, conspiracy, direct conflict of interest, and


prosecutorial misconduct, and therefore the courts must read the
complaint's allegations expansively, Haines v, Kerner, 404 U.S. 519, 520-21,
92 S. Ct. 594, 596, 30 L. Ed. zd 652 (1972), and take them as true for
purposes of deciding whether they state a claim. Cruz v. Beto, 405 U.S. 3 19,
322, 92 S. Ct. 1079, 1081, 31 1. Ed. zd 263 (1972). Moreover, "the court is
under a duty to examine the complaint to determine if the allegations
provide for relief on any possible theory." onner v. Circuit Court of St.
Louis, 526 F.2d 1331,1334 (8th Cir. 1975) (quoting Bramlet v. Wilson, 495
F.2d 714, 716 (8th Cir. 1974)).

'There are fundamental rights of citizens to due process and such rights
require strict scrutiny ofthe Court.

The courts have assumed that the sixth amendment rights to representation
by counsel and to defense pro se are mutually exclusive. Under the hybrid
defense the defendant has the active assistance of counsel but may also
participate in his own defense as co-counsel. A necessary tool to ensure
justice when the defendant has been prejudiced by the restrictions placed
upon the defense by the Prosecutors in the case.

The defendants are currently represented by competent counsel but are


forced to file motions pro-se because the Prosecutor has created prejudicial
limitations upon the defense attorneys, by violating the defendants right to
assist their attorneys in their own defense, and controlling through
limitations how the defense attorneys handle the defense of their clients
through the "contract to withhold discovery from the defendants" This is a
standard contract that the prosecutor has forced the defense attorneys
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 5 of 50

representing clients in cases she is prosecuting to sign. All defense


attorneys in USA v, Neighbors have confirmed they were forced to sign this
contract before accepting the case. (see exhibit# 1 page 1 &2, a copy of Terra
Moorhead's illegal contract to withhold discovery from defendant) in
violation of Federal Rules of Criminal procedure, rule 16, which clearly
states the defendant has rights to the discovery. At no time does Rule 16
say the prosecutor has a right to force the defendant's attorney to sign a
contract to withhold discovery from defendant, nor does this Federal rule
give the Prosecutor the right to only disclose the discovery to the
defendants attorney)

The Prosecutor has made it nearly impossible for the defendants to assist
in their own defense, by forcing the defense attorneys to sign a contract that

being used against them. A clear violation of the defendant's rights.

Paid attorneys hired by the Neighbors have been threatened with "Money
Laundering" charges by the Federal prosecutors in an attempt to control
the defense. (see exhibits labeled money laundering #2)

(Defense attorney Sarah Swain told the defendants the prosecutor had
threatened her with "Money Laundering" and therefore would need all
future payments to be made with credit cards. Defense Attorney Aaron
McKee was threatened with "Money Laundering" and requested that the
defendants set up a paypal account using someone else's name in order to
pay him, then as shown in the exhibit even placed the request for paypal on
the bill. After the defendants accused the Attorney of coercion with the
prosecutor the payment option was removed. See Exhibit #2 pg.z )
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 6 of 50

This hybrid pro-se motion accommodates the fundamental values


underlying the sixth amendment and should be recognized as the
constitutionally compelled approach, for defendants implementing "the
right to assistance of counsel."

BACKGROUND:
It is a matter of fact that the Prosecutor Marietta Parker has a direct conflict
of interest in Prosecuting this case and do to the fact she is currently the
Acting United States Attorney for the District of Kansas, overseeing the
DISTRICT OF KANSAS Department of Justices in Topeka, Wichita, and Kansas
City, and is currently in direct control of overseeing over 100 attorneys.

The defendants cannot possibly be assured a fair, un-bias and impartial


prosecution and trial in the State of Kansas. The disqualification of
Government counsel is indeed a drastic measure" Bullock v. Carver, 910 F. Supp.
551,559 (D. Utah 1995) "where it is shownthat an Assistant United States
Attorney is subject to a conflict of interest, the proper remedy generally is to
remove that individual from the case. Crocker v. Durkin, 159 F. Supp. 2d 1258,
1284-85 (D. Kan. 2001).

During the course of the investigation starting in 2005 into the Yellow
House Business, the Defendants and their defense attorney along with
numerous witnesses turned in formal complaints alleging Police
misconduct, color oflaw violations, racial profiling, rules of evidence
handling violations, evidence storage violations, due process oflaw
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 7 of 50

violations, search violations, false arrest, forgery of legal documentation,


harassment and coercion of witnesses, along with the allegation of an
altered video being presented to the courts as evidence, and several months
of covert surveillance from the Fire station across the street, absent of a
court order. These complaints inadvertently were sent to the Prosecutor,
yet the Prosecution has excluded all ofthis exculpatory evidence from the
defendants discovery files handed over to the defense attorneys in the case.

(In a direct conflict of interest) All these complaints were forwarded by


Internal Affairs Sgt. Dan Ward under the direction of Chief Ronald Olin, to
the Kansas City Department of Justice, and ended up in the prosecutor of
the case; AUSA Marietta Parkers office for review and action.

In support of this allegation: (see exhibit #3 letter from KU Police Director


Ralph V. Oliver informing the Neighbors that the complaint was forwarded
to the AUSAMarietta Parker and all further complaints should be
forwarded to her.) Also see Chief Olins letter to attorney Sarah Swain
advising that Marietta Parker was the one to address complaints to. (In
exhibit #4 pg. 5)

Instead of insuring justice on behalf of the defendants rights violations,


the US Attorney's office has conspired with law enforcement, staged an FBI
investigation (see FBI exhibits #4 pages 1 through 15)

(Exhibit #4 page 1 &2, Signed affidavit by Laura Helm stating she was
picked up by two officers posing as FBI agents.)

(Exhibit #4 page 3 & 4, Interview-statement by Brad Perico to Private


Investigator Cecilia Woods stating he was contacted by two officers
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 8 of 50

claiming the FBI was investigating the Yellow House and had him on tape
going into the business with a drill.)

(Exhibit #4 page 5, Letter to defense attorney Sarah Swain from Police


Chief Ron Olin stating that he could not release the identity of the Federal
Investigators, that Police posing as FBI would be a crime, and that Special
Agent Bob Shaefer had spoken to her about the issue. He also states that
further correspondence concerning the case should be directed to U.S.
Attorney Marietta Parker.)

(Exhibit #4 page 6 & 7, Letter to Sarah Swain from the FBI explaining that
U.S. Attorney Marietta Parker sent FBI Special Agent Walter Schaefer to
investigate the allegations of police posing as FBI agents, verifying 60 days
had passed and made reference to repeated unanswered phone calls made
by Swains office to the FBI in an attempt to set up further meetings with SA
Schaefer. According to Special Agent Scott Gentine from the Topeka FBI,
the letter was Signed by a retired special agent Kevin Stafford, sent by
Timothy A Gallagher)

(Exhibit #4 page 8, letter to Bob Schaefer FBI, from Defense attorney Sarah
Swain)

(Exhibit #4 page 9 & 10, article in LJworld newpaper that the FBI was
investigating the conduct of police in the Yellow House investigation. Jeff
Lanza also confirmed the FBI was not involved in the Yellow House
investigation.)

(Exhibit #4 page 11, article in LJworld Newspaper stating that the FBI
investigation was stalled and that the FBI had not received a formal
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 9 of 50

complaint. Even though the defense attorney had attempted multiple times
to set up meetings, some days attempted to call SA Schaefer 6 times
without a return call, left messages and faxes for SA Schaefer.)

(Exhibit #4 page 12, Article in LJworld Newspaper confirming the FBI had
completed the investigation and cleared the police of misconduct.)

(Exhibit #4 page 13. letter to Agent Schaefer from Defense attorney Sarah
Swain letting him know she had forwarded a sworn affidavit of illegal
conduct by the Lawrence Police, and had made numerous attempts to
contact him about the matter but had gotten no response from him.)

The Government in a controlled reaction, used the information contained


in the complaints forwarded to her, to use her team of investigators to
retaliate and conspire against the defendants and then in an abuse of her
power, also controlled the defense attorneys handling the case.

In order for a defendant to prove conspiracy the defendant need not allege
personal involvement by all the parties. When a person is part of a
conspiracy, one does not require a hub and spoke form. One need only be
part of a chain of conspirators.

Law enforcement officers Jay Bialek, Mickey Rantz, Michael Riner, Police
Chief Ron Olin, Postal Inspector David Nitz, IRS Agent Robert Jackson
and the Kansas City FBI Agent "BOB SHAEFER" Walter Robert Schaefer,
were employed by the Prosecutor as her agents to do the dirty work on her
behalf, outside of their agencies jurisdictions with her full knowledge and
approval. In conspiracy to cover-up, conceal. obstruct justice, and limit
liability in order to avoid accountability for the Governments unjust actions
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 10 of 50

against the defendants.

Conspiracy to violate civil rig!1!§.

In order for this court to establish a cause of action to change of


venue or dismissal for conspiracy, there must be sufficient facts to
support the following elements:

1) two or more persons;

2) an object to be accomplished;

3) a meeting of minds on the object or course of action;

4) one or more unlawful acts; and,

5) "damages" directly linked to the violation of the defendants rights..

1. Obviously there are two or more persons involved.


2. The object to be accomplished is to obstruct justice, cover up for
color of law violations and prosecutorial misconduct, obtain a
conviction through fraud, to cover up criminal conduct against citizens
by officials, and to avoid liability.
3. The Government c!e2r1y had a unity of purpose or a common design
and understanding in their joint efforts to avoid liability and conceal
Constitutional rights violations. The Prosecutors Terra Morehead and
Marietta Parkers actions were clearly improper and directly
connected to the conduct of the acting Government officials under her
command. There is no other explanation as to why these Prosecutors
would break the rules to cover up reports of criminal activity by Law

10 .
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 11 of 50

enforcement against a wrongly accused citizen other than that they


had joined into a common purpose with the team.
4. The unlawful acts against the defendants have greatly prejudiced the
defense and have been documented through photographs, video's
and voice recordings, court documents, affidavits, and testimony
under oath during various hearings before Federal Judges
overseeing this case.

These are very serious allegations and this court has a duty
to the Constitution to protect the integrity of the courts.
Therefore, this District of Kansas court, which has a prima
facia conflict of interest, has a dUty to construe this pro- se
motion very liberally and grant the defendants request for
change of venue or dismissal of charges, in order to protect
the public perception of the integrity of this court.

A FAIR TRIAL FOR THE DEFENDANTS IS NOT POSSIBLE IN


THE STATE OF KANSAS or MISOURI
---------------
AUSA prosecutor Terra Morehead has interfered with the Defendants
Guy and Carrie Neighbors fair chance to defend themselves.
Terra Morehead originally charged the defendants with being unlawful
users with fireanns. A statute that the case did not qualify under.
Because the defendants had no criminal history, there was no evidence
of habitual drug use, and the firearms were expensive collector "non-
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 12 of 50

qualifying" firearms unloaded and unlawfully seized without a warrant by


law enforcement from a locked safe.

During several hearings before Federal JUdges, law enforcement


officers have read fabricated stories by witnesses and lied under
oath, to the court .

The prosecutor has taken things out of the defendants discovery. Certain
things that were seen in the discovery while in the possession of past
attorneys Bruce Kipps, Philip Gibson, Alex McCaUley and James George
have been changed or switched out. ie. Police evidence reports,
statements, search warrants, receipt for same list.

The Courts have been made aware of the fact that the false testimony by
convicted felon Patrick Nieder was presented before the Grand Jury in
exchange for an 8 year reduction of his prison sentence.

On July 1,1998, a 3-judge panel of the 10th Circuit, U.S. Court of Appeals
delivered a decision, in the case U.S. v. Singleton, The 10th Circuit ruled that
bartered-for, testimony in federal criminal court is not only illegal and
inadmissible, but technically punishable by a substantial fine, and/or up to 2 years
in prison.

Prosecutors have offered both cash payment and leniency to some witnesses, and
offered plea deals to Louis Parsons and James P. LudWig in exchange for
anticipated false testimony at trial claiming that the Defendant Carrie Neighbors
conspired with them to conceal the conspiracy, absent of any existing evidence to
substantiate these claims. It is the responsibility and duty of the prosecutor to
always try to substantiate (what) any witness for the government is going to be
saying.

In a separate case in a 31-page ruling U.S. District Judge William J. Zloch threw out
the testimony of three accused drug defendants on grounds that it was solicited
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 13 of 50

with a prosecutor's promise of a reduced sentence a violation offederal bribery


laws, he ruled. In this case.

"u.s, Code, Title 18, Section 201©(2) (the 'bribery statute'


could not be more dear. It says: Whoever ... directly or indirectly, gives, offers or
promises anything of value to any person, for or because of the testimony under
oath or affirmation given or to be given by such person as a witness upon a trial,
hearing, or other proceeding, before any court authorized by the Jaws of the
United States to hear evidence or take testimony shall be fined under this title
or imprisoned for not more than two years, or both."

A SUi.9 '..';deo vIas aneree ''ld there IS oocurnented miSSing evidence,


from the police evidence locker, but the Federal Prosecutors have
connnuec the prosecuuon UI mis ca::><i <,;; ;j •• 2.i.

The Prosecutors hay~ u~ed their influence an1 power of authority


to control the Federai Agencies, witnesses and Defense attorneys
involved with this case.
And have exercised in a similar pattern of abuse of power in other
cases as well.

(See exhibit #5 pages 1·5, JOHNNIE WILLIAMS III, case 06-20047·


01-cm. letter to Chief Judge Lungstrum alleging misconduct by
Prosecutor Terra Morehead)
(EXhibit #6 pages 1·5, JASON McKINNEY dated June 30,2008
complaint sent to The Office of Disciplinary Administrator, alleging
malicious prosecution by AUSA Terra Morehead.)
(Exhibit #7 pages 1-4, James McKeighan letter to The Honorable
Judge Lungstrum dated Jan. 22,2007, alleging Prosecutorial
Misconduct against Terra 0 Morehead)

/3
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 14 of 50

The Prosecutors have interfered with the defense attorneys


filing motions on behalf of their clients.
1. IE. The Neighbors requested that Attorney Phil Gibson file a motion
to release an illegal lis pendens placed against their property by the
Prosecutor. The motion was filed and Judge Murguia scheduled a
hearing the following week. Mr. Gibson then canceled the court date.
After 3 week delay, the motion was refilled and four days later the
Prosecutor filed a Superseding indictment to moot the motion. With
the sale of the house still in limbo and the buyers getting anxious the
defendants asked Mr. Gibson to refile the motion, he agreed to refile
that weekend but then, even after repeated requests from the
defendants never did refile the motion. After several more weeks the
sale of the house had to be terminated.
2. The Prosecutors in this case have violated the Neighbors Bill of
RIGHTS!
3. Amendment V.- Deprived the Neighbors of life, liberty, and property.
A.- Life- The Prosecutor has had the Neighbors arrested by agents
operating outside their Jurisdictions several times, searched, and
held in custody, using statutes and laws that do not apply. Ruined
their business, reputations within the community, the false allegations
have cost the Neighbors their Foster care license and their affiliation
with the Big Brothers program, In 2005,Prior to any charges being
filed the Government contacted ebay and made false unsubstantiated
allegations resulting in the immediate suspension of the defendants
seller account and also resulted in the defendants money in the
Paypal account being frozen., greatly affecting the defendants
livelihood and ability to run their business and pay bills.

l~,
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 15 of 50

Public False allegations released to the press include stolen


property fencing, money laundering and drug trafficking. And on the
DOJ press release web site falsely claimed the Yellow House crimes
had been investigated by the FBI.
B-Property- The Government has been holding Property since
December 2005, property unlawfully seized during the execution of a
violated search warrant, and gained through an illegal warrantless
search, denying the defendants constitutional right to due process of
law.
4. Amendment VI. Right to Speedy Trial and effective council.
5. A- violation of right to speedy trial. The original charges of being an
unlawful user with firearms was originally dropped with just 7 days left
before the time limit of a speedy trial ran out. The same charges were
re-filed as a brand new case, and the prosecutor had the Neighbors
strong armed arrested from their home and illegally searched.
B- The original search and seizure was executed in December of
2005. This is now November of 2008.The Neighbors have been
denied the due process of Law, have not been allowed to view the
discovery or see the evidence being held against them. Because of
the Prosecutors threats against the defense attorneys, during the
three years the case has been in the courts, the defendants have not
had any motions filed by the defense attorneys directly related to
defending the case ie. standard Motion Requests for evidentiary
hearing, request to see the evidence, request for dismissal, request
for suppression of evidence. The Neighbors have not been afforded
an investigator to conduct interviews of witnesses nor hasthe

Iii ,
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 16 of 50

prosecution allowed the defendants to see the list of witnesses


scheduled to testify at trial on behalf of the prosecution.
C- The Prosecutor has forced the Neighbors to loose paid attorneys,
and then forced them to use court appointed attorneys that are willing
to sign her contract and allow her to maintain a strong influence over
the handling of the defense.

CONCLUSION;

This court has a responsibility to assure that its regulations are conceived
in the public interest and not in furtherance of self-interests. Every lawyer
and prosecutor is responsible for observance of the Rules of Professional
Conduct. Neglect of these responsibilities compromises the independence
of the profession and the public interest which it serves.

The United States is a govemment of the people, by the people, and for the
people. The judicial system's function is to serve the pUblic by providing a
means to serve justice and to resolve disputes. This can only be done in an
environment where honesty, integrity, and high moral standards are strictly
enforced.

There ;s an obvious mix of Conflict of Interest and Special Circumstances


in this case that together will prevent the Neighbors from entertaining their

,!(, <
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 17 of 50

Constitutional right to a fair and impartial prosecutor. Since the judicial


system is self-governing and is therefore responsible for policing itself, it
has become obvious that the Neighbors cannot possibly expect a fair trial
under these circumstances. Therefore the Neighbors respectfully ask the
courts to grant this Pro-se Motion to Change of Venue or Dismiss all
charges.
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 18 of 50

PROOF OF SERVICE FORM

A copy of this form shall be appropriately filled out and attached wben Proof of Service or statement of delivery or
mailing is required,

Personal Delivery:

I declare tbat on / j-3·- j)g I personally delivered the attached /JJ. - rI ~ Ve /?1J4r"-
(Date) e~12.41c . ~onofDocument)
(Narn 0 ecipient) ,\

5Q1S1:d:e (Location)
j:\ JoG

~k~HS; {i'8 J ks
Part 3 I declare under penalty of perjury that tbe foregoing is true and correct and that this declaration was

Executed on 1/-3 oF;' ~ ()~/- eJ-fcf0--fr2G J lYslxt'd () f. Kansas.


(Date) (City)

--r::: 111U/6 Yf3j~cs__~7fl,-


(Type or Pnnt Name)' (Slg;;~
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 19 of 50

u.s. Department of Justice


Eric F. Melgren
United Slates Attorney
District of Kansas

KafUtU Cily Off.,. Wic},ilaOfficI.


S.~J60 Iroo Epic C..,.,
500 Slak .fl'fnue \. 301 N, Mol.
Kansas City. KalUar 6610J-1433 "\;:' iflichi/eJ. KQIVCU (fl101-4111

TEL {913) 55!~7JO TopelD Offico


FAX(9IJ) 55,'·6511' 4U QldIJCY
TDO (913) J51.{i6(j6 &It. ]90
7'0"",M. Karull1 6()68].JJJ]

,United States vs, James McKeighan


Case No. 06-20066-01-JWL

'I hereby acknowledge as counsel for the above captioned defendant, that I am in receipt, on
today's date, ofdiscovery consistingof one 'CD with pages which are bates-stamped from 0001 -
.u~. By signing below, I fuctheI agree that I will notsliowthe pages of discovery to my client octo
provide copies to aoyone including lllY client. Finally, in the event that I withdraw from this case, I will
return all discovery to the U.S. Auomey's Office So that it can be properly disseminated to substitute
counsel, This agreement will also llJIply to any further or future discovery provided by the Government
intlU$case.

£5tCj'~J~~
SA Scimeca
Attorney for James McKeighan
. /
~J.~ 0' C,
~

"\
I

,.
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 20 of 50

.. ,
U.S. Department of Justice

Eric F. Melgren
United StalesAttorney
District of Kansas
Kansas Cit)' Office 1f'idJfta OffICe
SuiteJ60 /200£pic Center
500 StOlt -tyeNil! 10J JI. Main
Kansas City Kansas 66/0/-U3J YrdDla. KaJ<,as67101.i8l1

TEL (lIH) 5H·6l30 Topeb Offic<


FAX{9IJ) 55/·65iJ Suite 190
1ilf; TDD(9JJ) 55J-6666 NiSEQtnncy
j\l\\ C1 Topeia, Kaiuas 5668J-3591

Ju te 5,2006

Tim SCimeca
31:-1 North Seneca
Wichita, KS 67203

• Dear Tirn:
Re: United Stales v. James McKeighan

EnClosed are p;iges wh lch are bat~-starnped from 0 120 - 0138 which are provided
to yJU as discovelY in this case, The~~ ar~ provided lei you v(ifh the understanding that
you are not to show them (QyOlJrclierit'rirtopr6vlde~piest() ~iiyone including your client.
If you have a problem Withihis, pli:J#(;i relutTitheri1 to me:' rrdhe event that you withdraw
trorn
'. . ','
this'
.,'
case, please return
" '. . ' . _
ali disCoVtltY,td thlsofflceso
... ,.,.....•. (',' .... ..' /. , ; ". : :.: ·i·
that it can

be properly
. dissemInated tdsubl:titute Counsel. P'f!~se tsal/rTieit YOll have any questions..

Sinceieiy~

I
J~~.~~
TERRA'a. MOREHEAD
Assistantffiited'Sfcltes A!1omey

TMij1ilS

Enclosures

• ,
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 21 of 50

Law Office of Aaron C. McKee, Esq.


21604 West 98th Terrace
' " Lenexa, KS 66220
Phone (913) 219-0652
Fax (913) 764-0652
aaronmckee@mckee-Iaw.com
www.mckee-Iaw.com

internet at www.mckae-aw.com.
To:
Yellowhouse
Carrie Neighbors Dale
1904 Massachusetts Street
Lawrance, KS 66046 ! 8/3112006
I
Amount Due Amount Enclosed

$6,057.85

Dale Transaction Rate Hounl Amount Balance

0812812006 Telephone conference wnh Rob Jackson 175.00 0.2 35.00 4,692,65
regarding proffer meeting on August 29, 2006,

0812912006 Attended proffer meetin9 with Lawrence PO, 175.00 4.5 767.50 5,480,35
IRS and USPS.

0812912006 Traveled lolfrom Lawrence 10attand proffer 175.00 1.4 245.00 5,725.35
meeting.
i
0613012006 relephone conference wit/l Carrie Neighbofs 175.00 0.4 70.00 5,795.35
regarding Guy Neighbors firing Sarah Swain.

0613012006 Telephone cOnference with Rob Jackson 175.00 0.3 52,50 5,847.65
regarding Guy Naighbors firing Sarah Swain.

0813112006 Telaphane conference wnh Jim George 175.00 0.5 87.50 5,935.35
regarding status of case.

06/3112006 Telephone conference with Carrie Neighbors 175.00 0.2 35.00 5,970.35
regarding Jim George replacing Sarah Swain
on case.

0813112006 Telephone conference with Carrie Neighbors 175.00 0.5 87.50 6.057.85
I ,,'gerding case strategy and se\tlement
n~9uliatjons.

I
I
61-90 DAYS PAST OVER 90 DAYS
J, CURRENT
1·30 DAYS PAST
DUE
31-00 DAYS PAST
DUE DUE PAST DUE
Amount Due

0.00 0.00 0.00 $6,057.85


3,360.35 2,677.50
I•
Page 3
~J.-,
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 22 of 50
I:i
Law Office of Aaron C. McKee, Esq., L.L.C. ~
13970 Santa Fe Trail Drive tJ.,or 11.
Lenexa. KS 66215 \ \.I • ~ .V
Phone (913) 492-3970
Q(}-\
l'f\ ~~Vt:\ ~\
Fax (913)492-3971
aaronmckee@mcke&-Iaw.com t J\
11 ..
V .. Aliron".C. 1II~.e. 'Esq.
E"".
voir'$> "()~~ '0
KlmbsTlyJ. ,.........,i,

::::..-::=...-- Statement
To:
.>
Yellowhouse
Date
Carr1e Neighbors
1904 Massachusetts Street
Lawrence, KS 66046 I 1113012006
I
Amount Due Amounl Enclosed
$4,490.35

Date Transaction Item Rate Hours Amount Balance

09/0612006 Traveled tolfrom Lawrence to meetwith ACM .. Travel 175.00 1.6 280.00 3,195.35
Lawrence PD.

09/0612006 Met with lawrence PO and USPS. ACM .. Meeti... 175.00 2 350.00 3,545.35

09101l12006 Telephone conference with Rob Jackson ACM .. Telep... 175.00 0.3 52.50 3,597.85
regarding case.
..
1910812006 Telephone conference with Rob Jackson ACM· Telep... 175.00 0.3 52.50 3,650:35
re9arding case.

09/1112006 Telephone conference with Mickey ACM. Telep... 175.00 0.2 35.00 3,685.35
Rantzregarding potential undercover
Opelation.

0912112006 Telephone conference with Carrie ACM· Telep... 175.00 0.2 35.00 3,720.35
Neighbors regarding status of case.

Telephone confertlflC8 with Rob Jackson ACM .. Teiep... 175.00 0.2 35.00 3,755.35
09/2112006
regarding status of case.

Telephone conference with Mickey ACM..Telep... 175.00 0.2 35.00 3,790.35


1011212006
Rantz regarding raid on LP.

Telephone conference with Carrie ACM· Telep... 175.00 0.2 35.00 3.825.35
10/1212006
Neighbors regarding raid on LP.
175.00 0.2 35.00 3,860.35
1012012006 Telephone conference with Rob Jackson ACM· Telep...
for status report.

ACM· Telep... 175.00 0.3 52.50 3,912.85


1111512006 Telephone conference with Came
Neighbors regardlng Lawrenoe PO's
requestto meet with her.

1-30 DAYSPAST 31-60 DAYSPAST 61-90 DAYSPAST OVER 90 DAYS' Amount Due
CURRENT DUE DUE PASTDUE
DUE
... ~"

2,057.85 0.00 $4,490.35


2,432,50 0.00 0.00
I Page 3
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 23 of 50

IVKANSAS Office of Public Safety

October 8, 2008

Carrie and Guy Neighbors


1904 Massachusetts Street
Lawrence; Kansas 66044

Dear Mr. & Mrs. Neighbors,

On September 16,2008, you delivered a written complaint to the Universityof Kansas Public
Safety Office. Captain Schuyler Bailey was the department representative who received your
complaint. Your complaint alleges that on August 13,2008, a member of the Universityof
Kansas Public Safety Office, Detective Michael Riner, committed perjuryduring testimony in
Federal court.

By way ofthis letter, I am notifying you that your complaintbas been provided to the U.S.
Attorney's Office, That office is the appropriate investigative agency to receive a complaint of
alleged perjury in Federal court. The following individual may be contacted should you wish to
provide any further infonnation regarding your complaint against Detective Michael Riner:

AUSA MariettaParker
500 State Ave.
Suite 360
Kansas City, Kansas 66101
913-551-6730
marietta.parker@usdoj,gov

RVO!sp
cc: Marietta Parker

{LOO13126 /1OfflCll! of Public salaty


Public Safety 8uildlng I 1501 Crestline Drive, Suite 120 I Lawren,e, K5 66049
(785) 864-5900 I Fax (785) 864-5211 I www,ku,edu/-kucops
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 24 of 50

rr>.
THE SWAIN lAW OFFICE
Sarah G. Swain
Attorney at Law

601 .'Ii .ssouri, Suite 3 110 N. Cherry, Suite 240


f ."l'V"""P' '{'P I( ~ I)l)n.4,f t}~_}:~~,_, K~ f:5~t)1

866·550-2787

! I ..t,~~
'"'.''' '."
0 ~di.i_ ..
,.,-, ,

FAXTO: Bob Schaefer I FST

FAX NUMBER: (816) 512-8545

SENDER'SNAME & FAX NUMBER: SarahG. Swain @ (785) 842-2787

RE:
PAGES:

COMMENTS:
Case 2:07-cr-20124-CM-JPO
Untitled Document 153 Filed 11/03/2008 Page 25 of 1:1
f'Bge 50or ~u

.. r--,

/
WOOD INVESTIGATlVE SERVICES, INC.

,\FFIQAVl!

I. Laur:l1tC1m. of lawful ogc, hein~ fully ,worn Up'", 0lIIiI........"

' '&I contacted bv


Thill. in early March :'006. I [\'VQ
bmlhet.. I RAy Mayberry \ residlmoe 1"'*"<1 01 2200 Harper. C044 t.a_.
men while] wis .yin! at my
Ka. I IIJIl
WI$,"" of the daIo. but J ~" ""'4111 'I Wi" oevcral wcckslI80 IlIld iI ...... dmillll !be week. I
bdi",.., buI I iIni "'" eenum. thal1llo dole til... lWl> Men <"""",led und lmerviewed me
_ Merch 6, ~Oll!i bolw een 9:00 Lm.• 10:00 a.m. . .

rh~l, ,he.. twO men. apj)rt>aCh!ll my residence and~ed (0 .peol:·..,tlrlllli. I C1llI


b<.t _rib< the r.... mo. "" • w,m. $")5"", a 1i~le hel\~' and 'sbon .piky blOl¥lt hair.
Tb~ i"... did - . of ,he .a1king tluring our «>=. ItC "'id Iris _." which I do .,..
m:ali. 1llId ·,.Id t1~ w~r'od ",ilh rIie "Federal 8ureau of!nve,lillaliDD:' He did /lDI'!IUY
(·'!:U t~ ~~ ·...oh.ll~ entire ~lJ!eaU lUt"nt. rhe HCOnd man \¥~ ::a w/ta., short "dark hair.
D'0" llIld • bi8ll'" build rh1lll <Ix firs< 1IIllI1, The second DI8Il did. DOl 8&l' m...h. The
""'r'"~7"I" ,.tiJ 'ell,,,,, I '.<e,' not in trouble, but Guy llIld ClItri. Nelphbon W<:rl', ·Both
men "ere ,imilarly dr....d III .I""ks and >bills. They both wore a btldso "" I!leir bell.
andhlII1 ijum in hol-. madeor liQllI color loath.. thai WlI! olao wum nn their-.
That. 1h..:: Ilr'Sl mall wld me I "~J co talk tn ,h.•ern." l asked h.m if it '""ttad tu be
lOday:' H( MljJ it did flm have to be lodrty 'Iud (h~)' i18n!:w to come l.J1dr; tbo tolknllling
dO," Th~ ~. tlk~ Muned 11w ~11l!':\:t Ja} 'Jnt.l I'i-.:k....~ me u1" in ., ;js;t ~tue ~l -\' t"r~
"eblCle. : JId IllllwmK to»~ wnh !hem. bu, rei, from ,he .... y.<lxy MIl ecdnc,lhat'l did
ncM' h8.vt' :I cooil!e. The,' drove mlV ~" lJ1e LD~ Police Department at 11* INS
\1..8aCnUl<'tU 5tre<l. Lawrence. KS. W. went inlide ,Itt nUildlns tll1>\lilb 811 ;'Uloidt
door. I ~...II It\!.: men .,nh:ril1~ In oL pJIS code tt) the Hili:llOl d!hn lhac aUQwed, us inside
1M pnl"'..,. Jcr:wunt':1f. !"\"c '.'\erJl inlf" BrI irservtew roum lA,'hctt both men fDlbd to me.
'They qlH:!'itmMd me a~1t11 .tcms I hil1l "old to the: Y..:Jlow HmUie iA the~, The!, tOld'
'1rIIC.;,c,. ~3itW my 1'\ar.'I~ through ch ~ck:li thaI v.:ef'e ".,.lil1en by 1M VI!I.ow House.

That, ;dftt::' th~~ questioned tnt' for 3D hour to aD hour and • half; they'lheD drove
"'" . . <D m!' hcuse, Durin. tI1t elm', ...... tIwy pYO ""' a butHI... cud wi... gold
lellariDjj on it. 'nave mi>pl_-d ,1m ,:ant They.>1<I m. '0 call if 1_ _ to "",itt 10,
them "" :1-.. ,,,itk>,, How< ..... They offORd mo S!O.OO . . . . thne I wollid be
will. . III - . - to ..1I11lO1.. i - . <D tho Y.Uow _ .


10/112008
http://doos.google.comlView?docIb=dgpr72qd_497g2ppzmfp&revision=Jatest
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 PagePage
26 of
2050
of20
Untitled

r
s,
/,."

ThaI. J IlkI 1I01 lCeil i ke I Jwl • cboiCi in IlIIliIli wllh !lIeIe mom iInd'l bad to IlClIO
ibllllllillll wilh liIeIlI or I WOIlJd ha•• ham iJllIOUbIe. .

ThIlL bccRIH J IIll on pr.boIi'· n, I COIIllItlCd my I'robatiorl Oll'i=.liIfley.£ddi!.


oM rlu. "".IOC. Ie odYi.. him "iIat !lad occutn:d. H. IOld .... Iboi l 00tII0l nol ~
1.""I••din tIli. type of work for u." ",lice if J WQD,ed to d\a; CO my pro'*ion order. I
.ever!lad ... ~. iAlinlillM of workilla .. idl the policeillld lold Iban I \lPOClId 001.

Tbal. J IlII COI'lIIin I ha....... lIiooe men botl>'" 0lI<l1 bolintl iJ",y "'" La..........
Police OflIcm llIld IIUI· rederal apl r, Inc fir'" man cloorl~' ideotJfted him-.tr :Iw
.r.::J..'t'.J ilur.,':..LU ,)I~ JI)~C$U""'uon.'·

AFFIANTT SAYSNOT


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101112008
bttp://doal.google.eomNiew7dOCID=dgpr72qd397g2ppzmfp&revisiOIF)atest
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 27 of 50

t.
Brad Pcrke 3- '7 Z -""'-
lOO8A11u
IAwreoee, KS. "M'7
An attempt was made to contact Brad at this address. The man residing at this duplex
reported tIxlre WlIS no Perioo at this location and he did not know the JIIIIOD. Another
possible address was located for Brad Pmco:
Possible address:
4500OverlandDrive #105
Lawrenc<; Ks.

Bradcalled the office from 785-841-0227. Arrangements were made for an interview 011
03f22J2006 at Culver's Restawant at 4:00 p.m, Brad reported he wante<l to get this .
situation straightened out. Hesaid he hadbeen in to see Carrie Neighbors and she told
him DOt to come blwk lllOund. She told him to call me UId tIDt about this situation befure
he~.

Brad reported be was recently contllCCed by Lawrence Police Detectives. He recalled one
Detective as Jay Bill1ek. He did not know the other Detective but be delIcribed him as a
w/m, 6'0", with short brown hair combed on the side. Brad said he _ at a friend's
8p8dmmt onRedbud Streetapproximately three weekJI ago. He said he wasleaviDg the
lIpIII'lment and walkiIlg to the front locked entry way whtm he saw the Detectives at tile
front locked door attempting to "jimmy the took." Brad said he is certain the COJlfiI hid to
have followed him over to this Redbud address, because he knowsofno other way they
knew be was there. .

Bradsaid Bialek: told him the Yellow Hou8e had been IIIIder feden1 investigation for 7-8
months. He told Brad, Cmie has beenunder federeI invesription and "Sho is eoiDI
down" and "She will take her husband with her." He further said the FBI had him (Bred)
on surveillaDoe tape at theYellow HoOllC taking in a drill Hesaidtboy queadoJJlld bim
about tho drill. He explained to them tbet he has done auto body work for r-s lIDd bad
a lot oftools. He said the detectives told him, "We know youare in trouble." Brad said
Bialek also told him, "We know you know wbat's goiDg down." Bialek told him he
would set him help with the (6) m~cipal citations he had ifhe would help them with tile
YeUow House investigation. Brad lIlIid be told 1bem he would thiIlk.lIbout it, but heknew.
he ~ not help them. Brad said he wouldn't do this becausebe W88 frieDde with Guy
and Carrie. He said Detectives at the LKPD had also lied to JJim in the pest and have DOt
come through withtheir promises, 110 he did not wish to help them any 1oDpr.

Brad said while lhe Detedives were talking to him outsideoCtile ....tmeat buildingon
Redbud Street 8Icy slaited to band him a busiIllSS 0lIRI. He said and he iolll tIJam oat be
ilaIIdini him their eatds in public. He said be toldma;ek ~ drophis b.,.'rou ~ ~ die
ground and be would pick thecard up later. He lJIIid didpick the IllIId up. He ~ this
was the card he accidenlally handed Clirrie one day at the YeUow Houle. BrId Slid~
figures theDeleotives were targetiDg bUn to work with thembeceuM he bBd tbeBe pnor
tiobts. He allO aaid be WllS stopped about 1 YJ months ago and ti<lketed tbr a DWS.

4
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 28 of 50

BradHid TerikKatib is apparently the Del8ctive's supe1'Vi8ot. He. IllIid TCIIik docs DOl
likehim. Brad further explained that he did a lot of informant work for 1be Lawrence
Police ~lment in the pest. He said, more specifically, he did a lot of work forOfficer
&ott Peck. Bradsaid he was the Confidential InfOl'lDlllll wIlo assisted Pecic in his drua
relatedinvestigatiODll when he was with the poIk.e department. He said Pecic l:lIIDe under
fire by Judge Malone and he was accused of fiIlsifYing hill affidavits. Brad said he WIll
eventually exposedat the CI and the Judge said that he (Brad) was not a trustworthy
witness or informant and tbat is why Peek was ultimately:fired.

Brad said it _llppIOXima1ely there weeb ago he went to see his ftiend Je88C
DelCampo at hisrestaurant "TheSlow Ride" in north Lawmtce. Hesaidhe saw he laW
a lot of cops in there eating and drinking. Jessetold Brad later that after he loft, the cops
told him to stayaway from him. Brad said the Slow Ride is a new blIDa out for the copa.
Brad DOted it was shortly after he wmt into the Slow Ride that the detectives COIltal:ted
on
him RedbudStzeet about the Neighbors.

Brad said he W1llI at Kohl's last week and he saw Bialek coming out of the blIck room of
the store. He lIlIid they eageged in small talk and Bialek asked if lac had given anymore
thought to what they talked about earlier. He said Bialek admitted Katib "had it out for
him." He said some cops apparently did DOt like the personal relatiODlllrip be (Brad)hid
with Peck.

Brad said his old gidfiielld is Kim Fileher, Kim is a sister to CarrieUrlxmek. carrie
/ .
-~- .....
Urb8Dek WOIka for the Douglas Coumy Sheriff's Dep8itmeat Drua Unit. She is mmied
to Lieutentent Ray Urbanek.
BJlld saidbe believes thetwo pawn shops in town areraising bell about the yellow
House. He tbiDks this mighthave beenone of the reasons they are beiDg tlqeted lI@lIin.

END OF INTERVmW

s
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 29 of 50

~ti#L~~
7 tr K A N SA S
W.RonaldOlin, Ph.D.
Chief of Police Mike Wild,C11
City MaDager
April 20, 2006

Sarah Swain, Attorney at Law


601 Missouri, Suite 3
Lawrence, KS 66044

Dear Ms. Swain:

I am in receipt of email correspondence between you and Officer Bialek


regarding the ongoing investigation involving your clients, Guy and Carr'le
Neighbors. It is my understanding that you wish to speak with the Federal
invesligators involved with the investigation of your clients. Officer Bialek
assures me that he has contacted the agents involved and has informed them of
YOlJr wish to be contacted. Additionally, I am aware you have been in contact
with U.S. Attomey Marietta Parker who is handling this case at the federal level
for prosecution. The Lawrence Police Department will not release the identityof
any Federal investigator who is involved in the case.

Your most recent email is of some concern, as it could be read as an


attempt to report potential criminal activity. If this is your intention and the
activities in question took place in the City of Lawrence, please fael free to file a
police report with our department. If these activities took place elseWhere, .
please contact the appropriate law enforcement agencyfrom ltIat jurisdiction. I
believe Sergeant Mike Pattrick from this department as well as Speciat Agent
Bob Shaefer with the FBI has spoken with you in person about these very issues.

Any further correspondence conceming this case should be directedto


U.S. Attorney Marietta Parker, jf you need to correspond with anyone in the
Lawrence Police Department, please do so in writing, instead of emailing a
specific officer so that it may be routed and handled appropriately. You are
welcome to address your correspondence to me,

Very truly yours,

~altl.~
W, Ronald Olin, Ph.D.
Chief of Police
WRO:mrp

Investigation &; TrainingCenler· 482Q Bob Billings Plcwy· Lawrence, KS 66049· (7SS) 830-7~
Law Enfon:emeol Caller. Parrol & Records Division· III Easl 111h Street • Lawrence. KS_ti6044 • (785) 832-7501
City Hall· 6 East 6111 SI1'eet • Lawrence. KS 66044· (785) 832-3000
www.lawrencepolice.org
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 30 of 50
_. .... ~ • ...... .c' •••.,

-- U.S. D.p. rIm OM I of JUlttee

Federal Bureau of InvostlptioD

In Reply, PIOllO Itoforlo


PiIoNo. 194 -KC-C810aO 1300 SUnunit

July 7, 2006

Sarah,G. Swain
601 Mis;30uri
Suite 3
Lawrenc8, Kansas 66044

Dear Ms. Swain:


The Kansas City Office of the Federal Bureau of
Investigation (FBI) is in receipt of your letter to Special Agent
Walter R.' Schaefer, which was facsimiled to thB Kansas City
Divis!;;!:. of the FBI on UUlle 30, 2006. 'l'he Kansas City Division
of the t'BI is also in receipt of a facsimiled Affidavit which was
allegedly prepared by Laura Helm on April 22, 2006. This
Affidavit was received by the Kansas City Division of the FBI on
~~, June 15, 2006.
As you are aware, Special Agent Schaefer visited your
office on April 19, 2006, as a result of your public allegations
and correspondence to Assistant United States Attorney, Marietta
Parker, that members of the Lawrence Police Department were
conducting an investigation and identifying themselves as FBI
agents.
On April 19. 2006, when SA Schaefer visited you in your
office et 601 Missouri" ~,.'l:e 3, TJ~W!'er!l~e, Kar~as 66044, you
ad,:.'i.st:·~: .r.i.n. tb.::lt vcu ~lCA\~ .,-:~) :l_. I~I~-~.\-'~ I~Jti-;~.es...:::'>,c: t'f.tla r.la~,_me:1 that
J

members ?f the Lawrence FaU.ce Dep'" rtment ident ified themselves


as F8~L a ]ents du r i.nq an r.. '/\33 ~iga·t ion ~

On April 19, ;;ddh, Sl\ SeC-,aster' r.eques t ed those names


and yO\ idvised him trod., " c , .ce.;.:' I)ot have the names and that: your
investkgator, Cecilia Wood, had those lists of names.
;.
z- Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 31 of 50

~ -.

From April 19. 2006, until June 16, 2006, (sixty days
later)the Kansas City Division of the FBI and SA Schaefer had not
received any correspondence or information concerning your
initial allegations.
The two meetings you referenced as scheduled with SA
Schaefer in your letter dated June 30, 2006, were set' by you
without verifying the availability of SA Schaefer.
Any future meetings/interviews should be verbally
verified with SA Schaefer. Simply leaVing a voice mail message
advising SA Schaefer that you have a meeting set up on a specific
date at a specific time will not guarantee SA Schaefer's
availability. SA Schaefer can be reached at 816/512-6640.

Sincerely

Kevin L. Stafford
Special Agent in Charge
'~r-.....,

B~ o·
mothy\A. Gallaghe
Supervisory Special

\",(J
~\Q ~.
i;;r:5 -» '\
~IJ'~ ~
;-..---... ....,
~~~
2
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 32 of 50

,'.

THE SWAIN LAW OFFICE


Sarah G. Swain, Attorney at Law

Theno Office Complex Park Cherry Building


601 Missouri, Suite s 110 N. Cherry, Suite 2+0
Lawrence, KS 660404< Olathe, KS 66051
(785) 842·2787 866-550-2787

June 14, 2006

Bob Schaefer. Special Agent


Federal Bureau of'Investigation
ISOO Summit
Kansas City, MO 64< 106

Dear Mr. Schaefer:

Enclosed please find the affidavit that we executed with Ms. HeJm. We are still
working on getting other affidavit's executed, but as I'm sure you are aware, many
people are too scared to come forward and go public with their accusations against the
Lawrence Police Department.

We appreciate your efforts in investigating what we believe to be police misconduct. If


there is anything that I can do to assist yOli with your investigation, please don't
hesitate to contact me at the numbers or addresses listed above.

n<lJ~
Sarah G. Swam
Attorney at Law

Jf
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 33 of 50

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FBI inquiry under way in conduct of police


Some allege that officers posed as federal agents

ByRon Knox
Thursday, June 15, 2006

:he Federal Bureau of Investigation is questioning whether Lawrence Police officers have
Improperly posed as federal agents when interrogating suspects, the Journal·Wol'1d has
learned. .

The FBI inquiry stems from allegations that Lawrence Police claimed to be agents from the
FBI when questioning people during the police Investigation of an alleged fencing operation
at the Yellow House secondhand shop, 1904 Mass. .

~'. "We are attempting to resolve whether or not a person or persons farsely represented
themselves as FBI agents,· FBI spokesman Jeff Lanza confirmed Wednesday.

Lanza would not comment further.

But sources with knowledge of the investigation told the Journal-World tile FBI inquiry was
prompted by complaints from Sarah Swain, attorney for the secondhand store, and others
close to the fencing probe.

The sources also said the FBI was never involved in the actual fencing investigation, but
was only involved because of allegations against the police.
,
The Lawrence Police Departmentwould not comment for this article because It involved
another agency's investigation, spoKeswoman Kim Murphree said wednesday.

Agents from the FBI have already met with SWain and the police department, in part to
establish that the FBI was not actually involved in Investigating the YelloW House.
The meeting between Lawrence Police Sgt. Mike Pattrickand
FBI Special Agent Bob Shaeferwas at the requfit of Swain,
who had heard from Yellow House owners Guy and Carrie
Neighbors and others that FBI agents were using the Douglas
County law Enforcement Center to InteMew people who sold
merchandise to the store.
That allegation culminated in a sworn aff\davitfrom Lawrence

... 6/1512006 10:08 AJ


Case
rD' Inqull)' unClllr way 2:07-cr-20124-CM-JPO
In OOI)(luct ofpolice I WWortd.com
Document 153 Filed 11/03/2008 Page 34 of 50
~~:J/W~w2.ljworld.oolnln~oI2OO61JUoll 'ItbUnquJry_UDder_way•• '
,. ~
'\.Aol·'f. .
.... ,

Photo by Thad A!I!nder resident Laura Helm, Who said two men identifying the","1vea
.-A,
, , as Fer agents had taken her from her brother's home to the
police station to interview her.
Carrie Neighbors walts
for custom"... inside her ACCOrding to the affidavit, the men questioned Helm for 90
minutes before driving her back to her brothe",. home.
secondhand store. The
Ye.ow House, 1904
"They questioned me about items I had sold to the Vellow
Mass. The Federal
Hou~e in the past,"she said in the affidavit. "They told me they
Bureau of Investigation
obtaIned my name through checks that were written by the
is lookIng into the Yellow House."
lawrence Po~ce
Department because of Helm said in the affidavit that the men had gune and blIdges
allegations that officers on their belts, and that at least one of the men knewthe door
were posing as federal code needed to enter the Law Enforcement center.
, agents in a feo<:ing
probe Involving Vellow ~e!m Is on probation for attempted forgery and reported the
House. Incident to Harley Eddis, her probation officer, the affidavit
said.

During the meeting of Swain, Pattlick and Shaefer, Swain said both men told her the FBI
had no involvement in the Vellow House investigation.

"Shaefer told me that the FBI would not be Involved," Swain said. "11Iere Is no Interagency
task force or anything like that."

When Swain contacted the police department to confirm the FBI's involvement in the
investigation of her clients. Lawrence Police ChiefRon Olin would only confirm that the
appropriate federal agents had been contacted, accordIng to a Iett8f from Olinto swain, •
copy of which was obtained by the Journal-World.

"(LPD) Officer (Jay) Bialek assures me that he has contacted the agents Involved and has
informed them of your wish to be contacted," he wrote Swain.

Bialek is involved in the lnvestigetion of the Yellow House. .


OlIn 88id in the letterthat he would not nameany federal inveatig8tofe Involved, but did
mention the meeting bel\ween Swain. Patlrfck and Shaefer, and said that all further
questions should be addressed to U.S. Atty. Marietta Parker, who Is handling proeec:uIlon on
the federal level.
Jim Crose, spokesman for the U.S. Attorney's Office. would not comment on whether his
office was involved in the fencing investIgation.
PoIioe acknowledged assistance from the Internal Revenue Service and the U.S. POIt8I
SeNlce In a news release from December When police served an InltI81al!8JdI W81'rant
agllinllt Yellow House.
The release caUed the aReged fencing operation, which e~taUs the ~ulch888 and . . . . d
BtoIen goods, ·one of the largest, most sophisticated fenCIng operabon8 we I18V8 seenIn
Lawrence,"

6fISl2G06 10:0. AM
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 35 of 50

.•• -r->,

FBI inquiry stalled by lack of formal complaint

By Ron KJli~~
June 21, 2006
Advertisement

A federal probe into possible misconduct within the Lawrence Police Department has stalled as the FBI
waits for a formal complaint to be filed.
FBI spokesman Jeff Lanza said no one had come forward with a fonnal complaint alleging anyone
posed as FBI agents when questioning people in relation to a police investigationof an alleged fencing
ring at the Yellow House secondhand shop, 1904 Mass.
"We cannot move forward without a formal complaint," Lanza said.
Lanza previously said the FBI was looking into the matter.
Samh Swain, attorney for Ye1Iow House, said she and a private investigatorwere wodrlng to set upa
meeting between the FBI and people who allegedly bave been interrogated by police officers claiming
to be federal agents.
r: ". Swain also said a private investigator sent the FBI at least one sworn affidavit that should serve as a
formal Complaint.
The Lawrence Police fencing investigation, which began last year, has focused on the alleged purchase
and resale of stolen goods through the secondhand store and online sales. IICcording to a police news
release from December 2005.
Police have served search warrants at the Yellow House and HI the home ofGuy and Carrie Neighbors,
the store owners, in relationto the case.
No charges have been filed as a result of the monthslong fencing investigation.
The police deplll1ment has declined comment about the FBI inquiry, saying it was against depaitment
policy to discuss another agency's probe.

More .bout tile inqlliry


• Poli~H~1'~_\~.b9ard-llQ.l§ible
• §.N~~'LYi.~ltQ;J;lUlJ.lv~!igati'JH !)LY.!il.!Qtt.H!!.\lli.~. ~!iI!&co!lliID.u;s
• I'm inquiry under way iII cimuU,! of police (06-) 5.(6)
• Letterfrom Police Chj~f RonJ2Hn to Sarah Swain aboy.t the investigation CpdO
• Affidavit on ~Ucgcd improp,'r .t'}',-tics \lscdJ!y poli<x' officers (.!?!!!l
• h:!!if'? ~~al!:!LYel'o~.H!)m;£j!!.!1tQ!~!.~!1j!U'9]!!gattl;W. (05-l)9-9li!
• fU911i P.!QYJi.!9jM!~I<.WQmmU()JJ~I1.9.!lLIdlQ.wJIQ"b"£ 11I.9.!t-9_@!:I1::P..0
• YellowHouse store O",,'nCI'S to haye party to thLUlk sllpporters (03 -02-06)
r: <.
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 36 of 50

-'-
FBI clears Lawrence Police of impersonation allegation
Yellow House Store, ownen' residence l!Ierved with two more I!Ieardt warrants in
ongoing fencing investigation

July 8, 2006
Advortisemllllt

The FBI says it's clearedLawrence Police of an allegation that an officer im.pta'sonated IIIl FBI lIgtWl
during the investigation of an alleged fencing operation at the Yellow House used appliance store.
"We looked into the situation and found no evidence to indicate that anyone impenonated BD FBI
agent," FBI spokesman Jeff Lanza said Friday,
The news camethe same day the U,S, Postal Inspector's office, assisted by Lawrence Police and the
Internal Revenue Service. served two more search wallant8 at the store at 1904Mass., and at the home
ofowners Guy and Carrie Neighbors in the 1100 block ofAndover Street.
Authorities said they were looking for e-mail records, surveillance tapes, receipts, computers, sealed
merchandise and salesrecordsfrom the onlineauction service eBay.
"""\

Photo by 'l'ha,l AI1Cllot',


Guy and Carrie Neighbors say that they don't buyor sell stolenproperty at the Yellow House Store.
1904Mass. The U.S. PostalInspector'soffice servedtwo search warrants on Friday and searched the
Neighbors' home and business in an ongoing fencipg investigation.
It's the 1atest twist in an investigation that's beengoins on sinceDecember, when Lawrence Police said
they'd uncovered whatthey describe as a large-scale, sophisticated fencing operation. So far. there
have been at least five search warrants served, but no one has been arrested and no charges have been
filed.
"I think this whole thing is around our eBay sales," Guy Neighbors said on Fridayas he stoodoutside
his store, whichwas surrounded by yellowpolice tape. "It's been, what, eightmonthsnow?I don't
know. Maybe they have more than I know."
TheNeigbborses maintain their innocence and have been critical of police at every turn.
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 37 of 50

THE SWAIN LAW OFFICE


Sarah G. Swain, Attorney at Law
Theno Office Complex Park Cherry Building
601 Missouri, Suite 3 110 N. Cherry. Suite 240
Lawrence, KS 66044 Olathe. KS 66051
(785) 842-2787 866-550-2787

June 30, 2006

Bob Schaefer, Special Agent


Federal Bureau of Investigations
1300 Summit
Kansas City. MO 64106

Dear Agent Schaefer:

On June 14, 2006, I forwarded you a copy of a swom affidavit that alleged illegal
police conduct on the part of the Lawrence Police Department. Since that date. I
have tried contacting you on at least six occasions to set up a meeting with you,
Ms. Helm. and myself. At this point, I have been unable to speak with you on the
phone, and I have not received replies to the numerous voice messages that I
r--. have left for you.

I contacted you twice regarding setting up a meeting with Ms. Helm. I told you
that I would be available to meet with you and Ms. Helm regarding your
investigation on Thursday June 29, 2006. Obviously, that meeting didn't lake
place.

At this point, I am unsure about your intentions regarding this investigation.


While 'you seemed concerned about lhese issues during our first meeting that
involved Sg!. Patrick from the LPD, I am cGrtainly not convinced from your
actions or lack of investigation during the last two weeks that this is something
that you intend to pursue in any sort of meaningful manner.

I am currently pursuing possible other avenues for an investigation oftha LPD,


. and I would appreciate some clarification from the FBI about the manner and/or
extent of any investigation that your agency intends 10 pursue. Ce~ainly. I ~I!
keep YOIJ apprised of any further developments on my end, and' WIll be awaIting
a call from you regarding a meeting with IV.s. Helm.;

n~.L
Sarah G Swain
Attoff1e.y at Law

'.
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 38 of 50

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January 22, 2007 ~ Pr
~~~~~'
PROSECUTORAL MISCONDUCT

TO THE HONORABLE JUDGE LUNGSTRUM:

The prosecutor (Tera D. Morehead) is not giving me a fair


chance to defend myself. ~
I have.been saying since April 20, 2006, I want a copy of my
discovery. I n~d to see the evidence that the Government thinks
it has against me so I can adequally prepare myself for trial.
Instead of following the laws of the United States this over-
zealous prosecutor has taken the law into her own hands. She has
been trying to take away every tool I have at my disposal to help
·me vindicate myself. This prosecutor has attacked and harassed
everyone (inclUding my paid attorneys) who have been trying to
help me just so she can wrongfully convict me.

In my opinion the prosecutor has broken the laws and not


given me a fair chance to defend myself as follows:
1.) December 18, 2006, the prosecutor lied to the court and
judge. .
A. The judge asked the prosecutor if there was any Governmental
restrictions concerning my discovery and the prosecutor
replied, "No".
B. Leigh Bledsoe, Tim Schemica, Baltizar Salazar, Robin Fowler,
and Bruce Kips have shown me a letter from the prosecutor
and signed by Tera D. Morehead stating that in accepting the
discovery from her they are agreeing not to: 1.) show me th~
discovery, 2.) discuss with me the discovery, and 3.} they
are not to make any copies of the discovery.

2. ) The prosecutor has taken things out of my discovery.


A. Certain things that I have asked my current attorney to see
that I have seen from other attorneys are no longer in the
discovery. ie. Arrest warrents, application to search
warrants, and parts of search warrants somehow have
disappeared.
3. ) On April 28, 2006, (my detention hearing) the lead detective
Greg Lawson, was caught lying on the witness stand under
oath, to the court.
A. Instead of charging Greg Lawson with perjury, the prosecutor
threatened and harassed my then attorney Tim Schemica.
B. The prosecutor knows that law enforcement has falseified
police documents and she has looked the other way. l.}
April 20, 2006, police said I had used my vehicle and hit
them, 2.) police officers said I said things that I never
said, and 3.) gun reports no longer have Michael Orr's
name on them.
4.) The prosecutor and police officers have used coercion on
Leigh Bledsoe.
A. They told Leigh there was a chopped up dead body with bullet
holes in it in my storage shed.
B. Police officers made Leigh get in their police car and drove

Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 49 of 50
F:lcJ· O~/Ol/11007

a.klhJ1
L roal~ftl~ g. Morgan ~3
1. Told me the government does not give out the discovery any-
more and that I will never see it or get a copy of it.
2. The prosecutor supoenied Melanies bank records.
3. On August 23, 2006, Melanie came to CCA and asked me some
questions about Tim and his form of payment.
4. On August 25, 2006 the prosecutor called Leigh at work and
asked her the exact same questions.
D. Robin D. FQ,wler
1. Told me that certain things that I tell him he was going to
report to the prosecutor.
2. Told me the Government does not give out the discovery.
3~ I told him certain motions to file and he said he could not
file them.
4. I told him to fight an ex parta and an in camera deal the
prosecutor was trying to do against me. Fowler told me not
to worry about this because it will never happen. My next
attorney told me in the discovery was an in camera that had
been done on me with Fowler and the prosecutor.
E. R. Bruce Kips
1. Told me the prosecutor said I am not allowed to have any
part of the d~scovery and showed me the letter containing
the contract about giving the dicovery to him.
2. I told Kips the same motions I told Fowler to file and fully
expect him to file them along with giving me a copy of the
transcripts from all of my court dates.

7.) Prosecutor has violated my Bill of Rights.


A. Amendment V. - Deprived me of my life, liberty and property.
1. Life - The prosecutor so far has robbed me of nine months of
my life.
2. Property - The Government is holding personal property Of,
mine that I want baCk. ie. DeVry student Id cards, credlt
cards, expired drivers license cards and electronic
equipment.
B. Amendment VI. Right to a speedy trial and effective
assistance of council.
1. 210 days after I was incarcerated I was given mY,indictment
after I told the judge I didn't have it.
2. 278 days after I waS incarcerated I still have not been
able to adequately view the evidence against me.
3. The prosecutor has taken three paid attorneys from me and
forced me to use two court-appointed attorneys that she has
a strong influence over.

3.
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 50 of 50

r am not aware of any situation in the world in which there


is a system of Jurisprudence that is recognized by civilized
people, where an individual can be tried without and convicted
without seeing or knowing the evidence against him.
Some of the motions that r have told my attorneys to file
and expect them to file are:
<
1.) Motion for Discovery
A. citing Brady v. Maryland, 373 U.S. 83, 83 S.ct. 1194, 10
~.Ed.2d 215 (1963),
2.) Motion for Exculpatory and Impeaching Evidence
B. citing Giglio v. United Stated, 405 U.S. 150, 92S.Ct. 763,
31 t.Ed.2d 104, and
3.) Motion for Early Disclosure of Jencks Act Material
C. citing the Jencks Act: 18 U.S.C 3500, 18 u.s.c. 3500 le)(l),
18 U.S.C. 3500 (e)(2), 18 U.S.C. 3500 (e)(3).
Sir, I am an American citizen. Born and raised in America and
having thus done so the constitution of the united Stated
Government guarant~es me certain unalienable rights that this
prosecutor cannot ~ake away from me.
Judge Lungstrum, could you please protect and make sure this
prosecutor does not make any more evidence in my favor disappear.

Thank you for your time and consideration.

James McKeighan