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v. Plaintiff,
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.
).
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 3 of 50
'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 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
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
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.
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
(Exhibit #4 page 1 &2, Signed affidavit by Laura Helm stating she was
picked up by two officers posing as FBI agents.)
claiming the FBI was investigating the Yellow House and had him on tape
going into the business with a drill.)
(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.)
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
2) an object to be accomplished;
10 .
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 11 of 50
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.
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
/3
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 14 of 50
l~,
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 15 of 50
Iii ,
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 16 of 50
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.
,!(, <
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 17 of 50
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
'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,
~
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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
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
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
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
::::..-::=...-- Statement
To:
.>
Yellowhouse
Date
Carr1e Neighbors
1904 Massachusetts Street
Lawrence, KS 66046 I 1113012006
I
Amount Due Amounl Enclosed
$4,490.35
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 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.
1-30 DAYSPAST 31-60 DAYSPAST 61-90 DAYSPAST OVER 90 DAYS' Amount Due
CURRENT DUE DUE PASTDUE
DUE
... ~"
October 8, 2008
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
rr>.
THE SWAIN lAW OFFICE
Sarah G. Swain
Attorney at Law
866·550-2787
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0 ~di.i_ ..
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RE:
PAGES:
COMMENTS:
Case 2:07-cr-20124-CM-JPO
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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
~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' •••.,
July 7, 2006
Sarah,G. Swain
601 Mis;30uri
Suite 3
Lawrenc8, Kansas 66044
~ -.
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
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Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 32 of 50
,'.
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.
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
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.
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
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.
6fISl2G06 10:0. AM
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 35 of 50
.•• -r->,
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.
-'-
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.
"""\
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.
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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;1:0(,··C::'" 2:07-cr-20124-CM-JPO
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Document 153~:u)Filed
v:t.4.011/03/2008
7 / ~~7 '•.. Page
, 48 of 50
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January 22, 2007 ~ Pr
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PROSECUTORAL MISCONDUCT
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.
3.
Case 2:07-cr-20124-CM-JPO Document 153 Filed 11/03/2008 Page 50 of 50
James McKeighan