DAY 2 Trial of Carrie Neighbors

USA V CARRIE NEIGHBORS 1
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UNITED STATES DISTRICT COURT DISTRICT OF KANSAS UNITED STATES OF AMERICA, Plaintiff, v. CARRIE NEIGHBORS, Defendant. ................... TRANSCRIPT OF JURY TRIAL - DAY TWO BEFORE THE HONORABLE CARLOS MURGUIA, UNITED STATES DISTRICT JUDGE. APPEARANCES: For the Plaintiff: Marietta Parker Asst. US Attorney 360 US Courthouse 500 State Avenue Kansas City, KS 66101 John Duma Attorney at Law 303 E Poplar Street Olathe, KS 66061 Nancy Moroney Wiss, CSR, RMR, FCRR Official Court Reporter 558 US Courthouse 500 State Avenue Kansas City, KS 66101 Docket No. 07-20124 Kansas City, Kansas Date: 9/14/10
For the Defendant:
Court Reporter:
NANCY MORONEY WISS, CSR, RMR, FCRR
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I N D E X GOVERNMENT'S WITNESSES: David Nitz Direct Exam by Ms. Parker Cross Exam by Mr. Duma Re-Direct Exam by Ms. Parker Jason Steffen Direct Exam by Ms. Parker Nicolle Beach Direct Exam by Ms. Parker Cross Exam by Mr. Duma Re-Direct Exam by Ms. Parker Peter Anthony Garcia Direct Exam by Ms. Parker Cross Exam by Mr. Duma Timothy J Coulter Direct Exam by Mr. Oakley Cross Exam by Mr. Duma Re-Direct Exam by Mr. Oakley Vicki Coulter Direct Exam by Mr. Oakley Cross Exam by Mr. Duma Travis Kaiser Direct Exam by Ms. Parker Cross Exam by Mr. Duma Re-Direct Exam by Ms. Parker Micky Rantz Direct Exam by Ms. Parker EXHIBITS: Govt's 1.1, 1.1 TR Govt's 1.2, 1.3 Govt's 1.4 Govt's 1.5, 1.6 Govt's 2.1, 2.1 TR Govt's 2.2, 2.3 Govt's 2.4, 2.5 Govt's 3.1, 3.1 TR Govt's 3.2 Govt's 3.3, 3.5, 3.6 Govt's 3.7, 3.8, 3.9, 3.10 Govt's 4.2, 4.3, 4.4, 4.5 Govt's 5.2, 5.3 Govt's 6.1, 6.2 Govt's 7.2, 7.3 Govt's 9.2 Govt's 10.1 Govt's 10.2, 10.3 Govt's 10.5, 10.6, 10.7 OFFERED 253 251 254 259 268 52,266 268 274 52,272 272 276 52 52 52 52 52 183 52 52
5 57 65 72 90 115 122 125 131 139 158 160 164 168 171 195 201 204 RECEIVED 253 251 254 260 268 52,266 269 275 52,272 272 276 52 52 52 52 52 183 52 52
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EXHIBITS: Govt's 10.5A, 10.6B, 10.7C Govt's 11.1 Govt's 11.2 Govt's 11.5, 11.6 Govt's 12.1 Govt's 12.2 Govt's 12.3 Govt's 13.1 Govt's 13.2 Govt's 14.2, 14.3 Govt's 15.3 Govt's 16.3 Govt's 17.2 Govt's 17.3 Govt's 18.3 Govt's 100 Govt's 101 Govt's 109, 109.1 Govt's 110 Govt's 111 Govt's 112 Govt's 113 Govt's 114-124 Govt's 125 Govt's 126 Govt's 128 Govt's 129, 129 TR Govt's 130 Govt's 131 Govt's 223.1 Govt's 223.2 Govt's 224 Govt's 229 Govt's 232, 233 Govt's 241 Govt's 242 Govt's 243
OFFERED 147 103 44 127 106 52 76 108 52 52 52 52 184 52 52 6 6 25 37 38 39 40 16 209 225 214 247 226 226 114 52 83 79 54 16 16 56
RECEIVED 147 103 45 127 106 52 76 109 52 52 52 52 184 52 52 6 6 25 37 38 39 40 16 209 225 214 248 227 226 115 52 83 79 54 16 16 56
1
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(9:03 AM, court and jury returned.) THE COURT: chair over there. Get everybody situated in your
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We had to add a chair in the end for
our box; only has 14 seats and we have 16 people, so we've added those -- those chairs. Hopefully, Mr.
Heintzelman and Miss Reed, you can see and hear everything as well. If you don't or if you have some Good morning.
difficulty, please let me know. THE JURY: THE COURT: had a good night's rest.
Good morning. Thank you. Hopefully everybody We had a
We're ready to go.
full day yesterday as you're aware.
We're in a A
different courtroom than the big courtroom upstairs. lot more people. And we went through the process as And it took
you're now aware of selecting this jury. most of our day.
But we did start with the trial late
yesterday afternoon at which time if you recall, court read to you some preliminary jury instructions. Also
the parties, the government and the defendant gave you their opening statements. At this time the court is
ready to have the government present their evidence in their case-in-chief and we're ready to start at this time. Miss Parker? MS. PARKER: Thank you, Your Honor. As its
first witness, the United States will call United States
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Postal Inspector David Nitz. THE COURT: Before you take your seat, what
I need for you to do is raise your right hand. (Witness sworn.) THE WITNESS: THE COURT: as you get in there. microphone around. I do. Please take your seat. Careful
You might want to move that If you would, as you give your
answers to the questions you're asked, please speak up loud and clear and speak into the microphone. start with you stating your name. THE WITNESS: name is spelled N I T Z. THE COURT: MS. PARKER: Thank you. Miss Parker. My name is David Nitz, last Have you
Thank you, Your Honor. DAVID NITZ,
Called as a witness on behalf of the government, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MS. PARKER: Q. A. Sir, where are you employed? I'm employed by the United States Postal
Inspection Service as a United States postal inspector. MS. PARKER: And Your Honor, before we get
into the testimony of Office-- of Agent Nitz, I would
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like to offer Government's Exhibit 100, which is a stipulation to the business records foundation of certain of the documents that Agent Nitz is going to be testifying about, and I would offer Government's Exhibit 101, which is a stipulation to certain facts that -- some of which will be covered by Inspector Nitz during his testimony. THE COURT: In regards -- in regards to
Exhibit Numbers 100, 101, any objection, Mr. Duma? MR. DUMA: THE COURT: No, Your Honor. What the court would tell you is
that these exhibits are now admitted, and usually the exhibit is admitted just by the fact that the court makes a ruling and it gets admitted. There may or may In this
not be objections to it being admitted.
particular instance, I believe I heard the government's attorney say this was a stipulation which also you'll get an instruction on regarding stipulations, but in essence, it means that this is an exhibit the parties agreed on in regards to this evidence that's going to be presented to you at this time. MS. PARKER: BY MS. PARKER: Q. Inspector Nitz, have you been involved in an Miss Parker. Continue.
Thank you, Your Honor.
investigation that has been referred to as the Yellow
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House investigation? A. Q. A. Yes, I have. And when did your involvement begin? My involvement began shortly before the execution
of the first two search warrants in December of 2005, probably about the latter week or two of November of 2005. Q. And what interest does the United States Postal What allows you to have
Inspection have in this case? jurisdiction to investigate? A.
What allows the inspection service to have
jurisdiction in a case is the use of the United States mail involved in some sort of alleged or criminal activity. Q. And how long have you been with the postal
inspection service? A. Q. A. I started in January of 1999. All right. And before that, what did you do?
Before that, I was a postal -- or excuse me, an
auditor, tax auditor with the Missouri Department of Revenue. Q. And as a postal inspector, would you tell the
jury what types of investigations you most frequently conduct? A. Most frequent investigation, I've conducted
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probably include mail fraud and mail theft.
I've also
conducted investigations in most of the areas including the prohibited mails, child exploitation, narcotics, bottom investigations, as well. Q. All right. And what training or experience do
you have in the field of financial analysis or document analysis? A. Well, beginning with my degree, I have a degree
in accounting from Northeast Missouri State University in Kirksville, graduated from there in 1992, with the state. I conducted investigations of business records Most of that time with
for compliance with tax laws.
the state was spent assigned to our criminal investigation bureau to conduct those investigations in support of criminal cases, and then just training and experience in working mail fraud investigations, and tracing money through those types of investigations with the postal inspection service. Q. And you've testified that you became involved in
this investigation shortly before the first search warrant -- warrants were executed in December of 2005? A. Q. That's correct. And what were the circumstances that got you
involved in this? A. Lawrence Police Department contacted the
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inspection service in our Kansas City field offices, requesting assistance from us for a potential case that we may be interested in participating in, and I was assigned that investigation probably partly because of my background and also experience in working financial investigations, because that was going to be primarily the focus if I was involved in the case as far as my aspect or part of the case would be the financial investigative part. Q. And in the course of this investigation, were
records obtained? A. Q. A. Yes, they were. And how were they obtained? The financial records were obtained both through
state search warrants executed at the time of the search warrants on the physical business and the house, as well as follow-up federal grand jury subpoenas for records. Q. All right. And there are several boxes here in
the courtroom on the floor and on the table in front of you. A. Q. Are you familiar with the contents of those boxes? I am. And are they the financial records that were
obtained in this investigation that you have done some analysis on? A. Yes.
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Q. Honor?
I'm going -- may I approach the witness, Your
THE COURT: BY MS. PARKER: Q.
Yes.
And with the court's permission, I'm just going Can you
to put the box over here for simplicity sake.
tell the court and the jury what Exhibit 102 is? A. Q. A. Exhibit 102 is a bank account from Intrust Bank. And who was the signatory on that bank account? The signers on the account are Guy Neighbors,
Carrie Neighbors and AJ Neighbors. Q. number? A. Q. Last four digits are 3603. All right. And what period of time do these What are is last four digits of that bank account
checks in Exhibit 102 cover? A. Q. A. January of 2004 through December 2005. Show you Government's Exhibit 103. What is that?
Government's Exhibit 103 is for an Intrust Bank
account ending in the account number 4014. Q. A. And who are the account holders? Guy and Carrie Neighbors, the account is listed
as Professional Delivery Services, DBA Yellow House Store Topeka. Q. And what period of time do these checks cover?
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A. Q.
March of 2004 through December of 2005. Show you Government's Exhibit 104. Can you tell
the court and jury what that is? A. Yes, Exhibit 104 is for another Intrust Bank
account ending in 4197, and it is for Yellow House Quality Appliances, Incorporated or Inc, attention Carrie M. Neighbors. Q. All right. What period of time do these records
in 104 cover? A. Q. February through April of 2004. Show you Government's Exhibit 105. Can you
identify that please? A. Yes. Government's Exhibit 105 is Intrust Bank
records for account ending in 4286, and it is Carrie Neighbors DBA Yellow House Store, Topeka, with signers Carrie Neighbors and Guy Neighbors. Q. A. Q. And what period of time does 105 cover? Covers January of 2004 through March of 2005. Show you Government's Exhibit 106. Can you
identify that please? A. It's another Intrust Bank account ending in 7108,
and it is for Carrie M. Neighbors DBA Yellow House Store covering the periods of January through March of 2004. Q. All right. And finally, in this box I show you What's that?
Government's Exhibit 107.
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A.
Government's Exhibit 107 is Intrust Bank records It's for Guy Neighbors DBA
for account ending in 1169. Guy's Store. Q. A.
What period of time does Exhibit 107 cover? December of 2005 through January of 2006. MS. PARKER: Your Honor, these documents are
being identified and the foundation being laid for the purpose of supporting summaries, but we will not offer them into the record as an exhibit unless and until it becomes necessary to do so. BY MS. PARKER: Q. Finally, for purposes of identification, I'm What
going to show you what's been marked Exhibit 108. is that? A. Exhibit 108 is for the Commerce Bank records
ending in account 90223.
It is for Carrie M. Neighbors,
Guy Neighbors, DBA Yellow House Quality Appliance at the 1904 Massachusetts address. Q. A. Q. All right. And who are the signers on there?
Carrie M. Neighbors and Guy Neighbors. All right. What period of time do the documents
in Exhibit 108 cover? A. Q. January 2004 through December 2005. And these were identified for the same purpose, Now, all of these documents, Exhibits 102
Your Honor.
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through 108, did you conduct some financial analysis on those documents? A. Q. Yes, I did. Would you tell the grand jury what kind -- I'm
sorry, the court and the jury what kind of an analysis you performed on this big stack of documents? A. The primary analysis conducted on -- on these
records was to determine who checks were being written to, for the purpose of identifying not only who the Neighbors were writing checks to, but in what volume or quantity they were writing them. Q. So, is it fair to say that you took those checks
and you isolated checks out by who the -- who the check was written to? A. Q. Yes, that's correct. All right. And then did you make some exhibits
and some summaries of those exhibits? A. Q. Yes. Let me start with Exhibit 114. Would you tell
the grand jury what that is please -- I'm sorry, the jury what that is please? A. Exhibit 114 is a notebook containing copies of
checks payable to Nicolle Beach as well as a summary chart of those -- those checks. Q. And all of these books I'm about to ask you to
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identify, the contents of those books are duplicates of the checks that you have just identified in Exhibits 102 through 108? A. Q. Yes, they are. And then at the front of each of those books is a
summary that basically on one or two pages summarizes the information in each book, correct? A. Q. A. Yes, it does. All right. What is Exhibit 115?
115 is the same type of notebook containing
copies of checks and a summary for checks payable to Travis Kaiser. Q. A. All right. Exhibit 116. What's that?
Exhibit 116 is a notebook for checks and summary
charts for Joey Cadenhead. Q. please? A. Yes. Exhibit Number 117 is for checks and Exhibit Number 117. Can you identify that
summary charts for checks payable to Laura Helm. Q. Exhibit Number 118, I'm handing you that. What
is that? A. Exhibit Number 118 is for checks written from
Yellow House to Lewis Parsons and a summary chart. Q. A. Exhibit 119? 119 is the checks and summary chart for checks
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payable to Norma Payne. Q. A. Exhibit 120, what is that? Notebook containing checks and summary chart for
checks payable to Michael Aldridge. Q. A. Can you identify the contents of Exhibit 121? Yes, Exhibit 121 is for checks and summary charts
for checks payable to Bradley Byrne. Q. A. Show you Exhibit 122. What is that?
122 is the checks and summary chart for checks
payable to Pat Nieder or -- Pat Nieder or Patrick Nieder. Q. A. All right. Exhibit 123. What's that?
123 is for checks and summary charts for checks
payable to Stacy Barnes or Stacy Barnes-Catlett. Q. A. All right. Exhibit 124. What is that?
Exhibit 124 is for checks and summary charts for
checks payable to Jim or James Ludwig. Q. And finally in the notebook area, what's Exhibit
Number 1-- I'm sorry, 242? A. Exhibit 242 is a summary and copies of checks for
checks payable between the various Yellow House Store checking accounts or bank accounts. Q. is. A. 241 is a summary chart for checks payable to And Exhibit Number 241. Tell the jury what that
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Marcus Crawford. MS. PARKER: Your Honor, at this time the
United States would offer Government's Exhibits 241 and 242, and Exhibits 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, and 124. THE COURT: MR. DUMA: THE COURT: Any objections? No objections, Your Honor. At this time the court is going
to admit Exhibits 241 and 242 as well as admit Exhibits 114 through 124. MS. PARKER: BY MS. PARKER: Q. All right. Now, if you would open Government's All right.
Exhibit -- well, the one that's there on the witness stand. A. Q. I believe it's Exhibit 124, is that right? That's correct. All right. And I'm going to put up on the Do you see that?
overhead the document. A. Q. Yes, I do. All right.
And is this document -Are your monitors on in the jury
THE COURT: box?
UNIDENTIFIED JUROR: little bigger? UNIDENTIFIED JUROR:
Can you make it a
Yeah, can it go larger?
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BY MS. PARKER: Q. Now, we'll zoom in and get a little closer on
some of these columns, but for the purpose of explaining the entire summary chart, can you tell the jury what each column stands for? A. Yes. The original order column is just ordering
of how we entered them in to begin with. Q. All right. That's your number, that's first
check, second check? A. Q. bank. A. on. Yes. All right. What's that? That is the actual bank that the account is drawn Particularly, this one, the first one listed is And then the next column, it says
Intrust. Q. So, that relates to the Intrust Bank records
you've just testified about? A. Q. Correct. All right. What does account number mean? I
think it's obvious, but -A. Yeah, account number is the last few digits of
the account number. Q. Then there is a column that is entitled count.
What does that stand for? A. That count is to reference any of the checks that
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are associated to a particular count in the indictment. Q. All right. So, this check here that's numbered
15 on the list that has the 16 next to it, that check relates to the charges in Count 16, is that correct? A. Q. Correct. All right. Then the next column is a column What's that?
entitled overt act. A.
That's a column that references back to the
indictment as well basically a paragraph number of an overt act. Q. And then the column entitled source, bank or SW,
what does that mean? A. That means that is the source of where we
obtained the records, either from -- directly from the bank or via search warrant. Q. And the next column bate stamped number
beginning? A. Yeah, bate stamp number is a reference to the
number that is printed on the bottom right of the check in the process of preparing them for court. Q. All right. So, that is a number that enables you
if you need to go to that big box of checks to go immediately by the bate stamp number to find it if you need to? A. Correct.
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Q. A.
The next column is for what? Umm, that is a sub-section if it was needed, if
there was more than one page referencing a particular check, or like if I was referencing a bank statement somewhere. Q. A. Q. A. page. Q. A. The next one, bate stamp? It would be the ending number of that. That's pretty blank? Yes, most of the checks are contained on one Some of them are on two pages. BS number? That's the bate stamp sub-section, the ending So, if there's one that's listed as 325 A,
part of it.
then the A would be the sub-section part of that. Q. So, the four columns we've just talked about are
really columns that would have provided you with the information you need to quickly go to a check that's on this list. A. Q. A. Is that fair? Yeah.
Correct.
The next check, check date? That is the date that is reflected on the check
itself as far as when the check was made payable for. Q. A. All right. Date paid?
That would reference when -- when the check
cleared the bank or appeared to be presented for
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payment. Q. Check number, I assume that means that's the
number on the check? A. Q. Correct. That's the printed number that the bank sends
when it sends a checkbook -- a book of checks? A. Q. A. Yes. All right. Amount?
That is the amount that is written on the check
payable for the amount for. Q. A. And the next column is witness? Yeah, witness, that is just the last name of the
person that the check was written to. Q. A. All right. And how about payee, what is that?
The payee is the actual person that the check was
written payable to. Q. Now, in most of the entries here on this first
page of the summary, it shows the witness and the payee as James Ludwig, correct? A. Q. Correct. All right. But on this very top one, the payee Do you know who that is?
is Arlette Ludwig. A. Q.
Yes, that is the wife of James Ludwig. And so, that means the check was made out to
Arlette, but James Ludwig has information about it?
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A. Q.
Yes. And then finally, the memo column here. What
does that represent? A. That represents the description that was written
on the check itself in the memo column by the person writing and signing the check. Q. All right. And these are checks I believe you've
all ready testified to that were written on bank accounts belonging to either Guy or Carrie Neighbors? A. Q. A. Q. Yes. Or both? Yes. And so, the memo section of the check would have
been filled in by Guy or Carrie Neighbors, or at least would have been there when either one of them signed the check? A. That would be the presumption. It was on the
check all ready when we obtained them. Q. Okay. And let's just go down this column here,
and the -- I -- I've zoomed in a little bit so that what we've got I think a little bit more readable now are the check dates, and I'm really interested in the check dates and in the memo section. On January the 8th of
2004, a check was written which indicates that it was for -- or at least the memo section says Samsung DVD
09:25:49 09:25:51 09:25:52 09:25:56 09:26:01 09:26:05 09:26:07 09:26:07 09:26:10 09:26:13 09:26:14 09:26:16 09:26:16 09:26:18 09:26:21 09:26:21 09:26:25 09:26:27 09:26:29 09:26:31 09:26:32 09:26:35 09:26:37 09:26:53 09:26:54
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VCR. A. Q.
Do you see that? Yes. All right. And from your investigation, have you
been able to determine that the memo section is basically a recording of what the person came in and sold at the Yellow House? A. Q. Yes, that's correct. All right. So, this would indicate that on
January 6th, a DVD VCR was sold? A. Q. sold? A. Q. sold? A. Q. A. Q. A. Q. A. Q. DVD and Craftsman. All right. Tools. On -- again, on January 29th, what was sold? Tools. Again on January 29th, what was sold? Tools. All right. And this goes down like that for one, Do you agree? On January 29th, what was sold? Tools. All right. And on January the 28th, what was Yes. All right. What -- on January the 14th, what was
two, three, four, five, six pages. A. Yes.
09:26:55 09:26:57 09:26:58 09:26:58 09:27:02 09:27:07 09:27:09 09:27:11 09:27:12 09:27:17 09:27:19 09:27:21 09:27:22 09:27:24 09:27:25 09:27:28 09:27:36 09:27:37 09:27:37 09:27:39 09:27:46 09:27:49 09:27:50 09:27:54 09:27:55
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Q.
Or five and a half pages, five pages and a little
bit of six? A. Q. Yes. All right. And what is the last date that you
had a check for where Jim Ludwig was the payee? A. Q. A. Q. On November 28th, 2005. And what was sold that day? Tools. And there is a column here under amount that has What is that?
the total there. A. chart. Q. A. Q.
That's the total of the checks on the summary
Total of the value of the checks? The value, yes. So, the Yellow House bank accounts were used to
transfer $104,616.30 to James Ludwig or a member of his family -A. Q. Yes. -- during this period of time. Now, did you get
checks after December 31st of 2004? A. Q. A. Umm, after December 2004? I'm sorry, 2005. We obtained a few checks for -- just based on the
investigation. Q. But the search warrants and subpoenas were not
09:27:59 09:28:03 09:28:08 09:28:09 09:28:11 09:28:14 09:28:17 09:28:22 09:28:27 09:28:30 09:28:32 09:28:42 09:28:45 09:28:46 09:28:46 09:28:54 09:28:58 09:29:01 09:29:07 09:29:08 09:29:12 09:29:14 09:29:16 09:29:17 09:29:19
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issued for any checks of 2006, except for the few that you've referred to, mainly checks for Joey Cadenhead? A. Q. That's correct. All right. So, the summary charts that you
prepared here really only go up until December of '05? A. That's correct. They generally just cover
January 2004 through December of 2005. Q. And then the summary charts and the checks in all
of those books are set up just like the one we just reviewed in James Ludwig's case, correct? A. Q. That's correct. Now, you also got some eBay and some PayPal
records, did you not? A. Q. Yes, I did. And what eBay records did you subpoena or -- or
what eBay records were obtained by search warrant? A. EBay records that were obtained -- well, they
were eBay and PayPal records combined for Yellowhair Bargains and Bargain Guy 44. Q. All right. Let me show you -- Your Honor, would
you like me to ask each time I approach the witness for permission or is -THE COURT: That's not necessary, but thank
you for bringing that up. BY MS. PARKER:
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Q. A.
Show you Exhibit 109.
What is that?
109 is a CD or DVD, CD of the records that were
provided by eBay slash PayPal in referencing the Yellowhair Bargains and Bargain Guy 44 accounts. Q. And let me show you Government's Exhibit 109.1.
Would you tell the jury what that is? A. 109.1 is printed hard copy information from the
records that were provided electronically from eBay and PayPal, and includes information pertaining to the owners of those accounts. MS. PARKER: Your Honor, at this time,
government would offer Exhibits 109 and 109.1. THE COURT: MR. DUMA: THE COURT: Exhibit 109 and 109.1. BY MS. PARKER: Q. Before we get into the information that you are Any objection? No objection, Your Honor. At this time court admits
able to obtain from those eBay and PayPal records, I want to go back for just a moment to our discussion of the bank documents. In the course of your employment
and in your training and experience, are you aware of how the banking industry affects inter-- interstate commerce, if it does? A. Yes. Yes, I am aware of that. Transactions
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that -- that get processed through banks, for instance, checks will be processed through the bank that is the owner of that check in a sense. So, whether it's
Intrust or Commerce Bank, those checks travel between state lines in order to get processed and run through the Federal Reserve Bank, for instance, locally here in Kansas City, Missouri. Also, transactions that are
electronic as far as transfers between bank accounts or in the -- in the specifics like of this case when we have transfers that go from a PayPal account on eBay that get transferred into the bank account in Kansas, those would be traveling via interstate commerce or affecting interstate commerce, traveling electronically from, you know, say California to Kansas. Q. And do the banks themselves engage in interstate
financial activity? A. Yes, they do. There are inter-bank transfers
that are made electronically to more quickly transfer funds than -Q. Banks make loans for houses or businesses or to
buy commercial buildings in states other than where they actually are situated themselves, correct? A. Q. That's correct. All right. So, in your professional opinion, do
the checks here represent activity that affects
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interstate commerce? A. Q. Yes, it does. All right. Now, we'll go back to the eBay and Exhibit 109, can you start with
the PayPal records. Page 1? A. Q.
This is on 109.1? 109.1. Before we go into talking about that,
these records were obtained by search warrant? A. Q. A. Yes, that's correct. How does that happen? This was through a state search warrant.
Typically, on a state level, a search warrant will be issued. For records on a federal level, it will be a In this case, search warrants were
grand jury subpoena.
obtained for business records by the Lawrence Police Department at the same time the search warrants were being applied for and obtained for the physical locations of the business and the residence. Q. So, the law enforcement agencies in this case did
not go out to eBay in California and search through their records to find these. They served them with a
copy of the search warrant, and eBay then mailed back to them these documents? A. Q. Yes, in the form of an electronic version. All right. And what was the type of information
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that was requested from eBay under that search warrant? A. Q. Basically, ownership and transaction activity. All right. And Exhibit 109.1 is a document that
relates to some of the information from the eBay account, correct? A. Correct, 109.1 references account ownership
information. Q. All right. And let's start at the top here.
There is a column, eBay user ID, eBay e-mail address. Do you see that? A. Q. A. Yes. All right. What's number one, what's that?
That is listing the eBay user Yellowhair Bargains
and the eBay e-mail address of Yellowhouse@Sunflower.com. Q. A. Q. A. Do you know what that negative $353.84 is? I do not know. That's something that eBay provided to you? Yes, that's in the original form. That wasn't
something I added. Q. And then this is the form that they sent you this
information in, correct? A. Q. A. Correct. All right. The name of this account is what?
Yellow House.
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Q. A. 66046. Q. A.
With an address where? 1904 Massachusetts Street, Lawrence, Kansas,
And then it shows a creation date.
What's that?
It shows a creation date of January 17th of 2003,
which is the date that eBay reflects as that account being created -- or created. Q. A. And then the account status, it shows suspended? At the time that they printed this, it was
suspended. Q. And what time -- what time-frame was this sent to Would this have been in 2006?
you and printed? A.
It would have been about the beginning of 2006.
I don't remember exactly when we received it. Q. And then the number two here under the eBay
account, what is that? A. Number two references Bargain Guy 44 with the
e-mail address of Guysmiley@hotmail.com. Q. All right. And the eBay user ID is the name that
would appear on the eBay site if Bargain Guy 44 was selling something? A. Q. Correct. And then if someone wanted to communicate with
the owner of the Bargain Guy 44 account, they would send an e-mail message to Guysmiley@hotmail.com, is that
09:35:53 09:35:53 09:35:54 09:35:56 09:35:57 09:35:58 09:36:06 09:36:06 09:36:08 09:36:09 09:36:09 09:36:12 09:36:13 09:36:16 09:36:20 09:36:23 09:36:25 09:36:29 09:36:34 09:36:38 09:36:43 09:36:46 09:36:50 09:36:53 09:36:56
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right? A. Q. A. Q. A. Yes, they could send an e-mail. And the name associated with that account is? Guy Neighbors. And the address? 1835 Northwest Topeka Boulevard, Number 131,
Topeka, Kansas. Q. And then there are several telephone numbers
there, correct? A. Q. Yes. All right. And it shows that was created or that
account was opened when? A. Q. November 17th, 2003. All right. Now, we've talked about eBay. How are PayPal
There's PayPal e-mail addresses on here. and eBay related, if you know? A.
EBay is the actual on line auction site where an
individual or business would -- would post something to be sold, and that is where the auction takes place. PayPal is a -- for lack of better description, similar to bank account, basically making a transfer between accounts. So, an individual can have a PayPal account
that they will pre-fund and have money available in that or provide some sort of funding for that account, and then if they purchase something from another eBay seller
09:37:01 09:37:04 09:37:07 09:37:10 09:37:14 09:37:14 09:37:19 09:37:23 09:37:25 09:37:26 09:37:30 09:37:33 09:37:34 09:37:38 09:37:39 09:37:39 09:37:45 09:37:45 09:37:46 09:37:48 09:37:49 09:37:52 09:37:55 09:37:56 09:38:00
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and that eBay seller has an account set up, then the transfer of funds can go from one PayPal account to another PayPal account rather than having to send a check or money order or cash to the person who's selling it. Q. And the PayPal money in the PayPal account can be
transferred directly from PayPal to the account owner's own bank account if they choose, correct? A. Q. Yes, it can. Now, the first PayPal e-mail address here is the
Yellowhouse@Sunflower.com? A. Q. Yes, that's correct. Same as the e-mail address that goes back to the
Yellow House, correct? A. Q. Yes. And the account number on this one ends in 8604,
correct? A. Q. Yes. All right. And the name that is associated with
that account as the owner? A. Q. Carrie Neighbors. And it has the 1904 Massachusetts address. If
you have another one, what's that? A. 1104 Andover, Lawrence, Kansas. Address is the
physical residence of Guy and Carrie Neighbors.
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Q.
All right.
And the creation date of this account
was when? A. Q. March 7th, 2003. All right. And then there is a column there
indicating that the account should be restricted by the time the law enforcement agents received the disk, correct? A. Q. Yes. All right. PayPal account number two,
Guysmiley@hotmail.com, same address as is on the Bargain Guy 44 eBay user ID? A. Q. Well, it includes the address 1104 Andover. But I'm talking about just right now the -- the
e-mail address? A. Q. A. Q. Oh, yes, the e-mail address. Same as in number two under eBay user ID? Yes. All right. And this is associated with Guy
Neighbors? A. Q. Yes. And he also was using the 1104 Andover there,
correct? A. Q. 4029? Yes. All right. And this is the account that ends in
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A. Q. A. Q.
Yes. And when was that created? That was created November 18th, 2003. And again, that account should have been
restricted by the time this information was received by law enforcement? A. Q. Yes. And then next page is just an address of the That would be
contact to send the information to.
Officer Micky Rantz of the Lawrence Police Department? A. Q. Yes. Now, Page 3 of Exhibit 109.1. Can you tell the
court and the jury what this document is? A. This is the actual printed account information
page for the Yellowhouse@Sunflower.com or the Yellowhair Bargains account in the name of Carrie Neighbors. Q. All right. And down here, there is a column for
financials. A.
Do you know what that's for?
Umm, that is going to reflect a balance that's
listed in the account as well as some dollar amounts that the eBay or PayPal is reflecting as the amount sent. Q. A. Q. And in this -In the account. And in this case, for the Carrie Neighbors
09:40:17 09:40:23 09:40:24 09:40:31 09:40:34 09:40:39 09:40:41 09:40:42 09:40:44 09:40:46 09:40:47 09:40:50 09:40:54 09:41:00 09:41:01 09:41:03 09:41:04 09:41:05 09:41:10 09:41:14 09:41:19 09:41:20 09:41:22 09:41:26 09:41:33
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account, it shows $579,178.96? A. Q. A. Yes. And what is Page 2? Page 2 is a continuation of the account
information page, and it lists -- down at the bottom, it begins listing some of the addresses associated with the account. Q. And those are the addresses for the most part
that you have all ready testified about? A. Q. A. Yes. The next page? It is Page 3 of the account information page. It
begins with the addresses, and then continues into the bank accounts. Q. So, it reflects some of the bank accounts that
you have all ready testified about? A. Q. Yes. Okay. And then the next page, this is product Again, it's more I'm sorry,
information for Carrie Neighbors.
information relating to her account at eBay. this is a PayPal. A. Q. This is a PayPal information page. All right.
Now I'm going to skip through some of
these, but in any event, going to the page that at the top is listed as Page 5 of 8, do you have that?
09:41:39 09:41:40 09:41:45 09:41:48 09:41:50 09:41:53 09:41:59 09:42:02 09:42:08 09:42:26 09:42:31 09:42:35 09:42:38 09:42:41 09:42:42 09:42:46 09:42:49 09:42:49 09:42:49 09:42:54 09:42:59 09:42:59 09:42:59 09:43:03 09:43:03
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A. Q.
Yes. All right. And I'm going to the redemption codes That's more information
available, coupons available. about the account? A. but -Q.
Umm, yes, you're zoomed in right now on it,
So, there is extensive information that eBay and
PayPal are able to provide about its customers, correct? A. Q. Correct. You -- referring to the Document 109.1, one of
the accounts was bank account -- Intrust Bank account ending in 42861 of the accounts associated with these records? A. Q. It was listed in there. All right. Intrust Bank account ending in 4014.
Is that also associated with the PayPal and eBay records? A. Q. Yes. Yes.
Account ending in 7108 at Intrust Bank was also
linked to the eBay/PayPal records for Carrie and Guy Neighbors? A. Q. well? A. Yes. Yes. And Intrust Bank account ending in 4197, that as
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Q.
Intrust Bank account 8095, was that also
associated with the eBay/PayPal records? A. Q. Yes. Intrust Bank 0995, account ending in 0995, was
that also associated? A. Q. Yes. And finally, Commerce Bank account ending in
0223, was that associated with those records? A. Q. Yes. And the association of the bank and the account
numbers with those records, did that mean that PayPal could transfer money in either Bargain Guy 44 or Yellowhair Bargains accounts directly into the bank accounts? A. It could. If they chose to do that, they could
transfer money directly into those accounts. Q. Okay. I want to show you what has been marked as Do you recognize that?
Government's Exhibit Number 110. A. Q. A. I do. What is that?
That is a print-out of all the information going
from left to right on, including all of the columns that would be provided by eBay. Q. All right. MS. PARKER: Your Honor, at this time
09:44:39 09:44:41 09:44:42 09:44:44 09:44:46 09:44:46 09:44:56 09:44:59 09:45:02 09:45:05 09:45:07 09:45:12 09:45:16 09:45:17 09:45:19 09:45:22 09:45:25 09:45:27 09:45:30 09:45:30 09:45:34 09:45:38 09:45:38 09:45:46 09:45:53
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government offers Exhibit 110. MR. DUMA: THE COURT: Exhibit Number 110. BY MS. PARKER: Q. All right. Is this the size it print out or has No objection. At this time court admits
this been enlarged just for demonstration purposes? A. No, if you wanted to print all of the columns
that they provide, at least in somewhat readable form, you would have to print it that large. Q. All right. And so, you, in -- during the period
of your analysis, took the -- is this the eBay print-out? A. Q. That is the eBay print-out, yes. So, in order to have it in a usable format, using
all of the columns, you would have to have a stack of documents this big? A. yes. Q. So, did you then take the information on Correct, if you wanted to print all the columns,
Exhibit 109 and reduce it to a smaller size? A. Q. Yes. All right. Show you Government's Exhibit 111.
Can you identify that please? A. Yeah, Exhibit 111 is the -- the print-out of the
09:45:57 09:46:00 09:46:01 09:46:02 09:46:02 09:46:05 09:46:07 09:46:08 09:46:10 09:46:12 09:46:13 09:46:21 09:46:25 09:46:26 09:46:30 09:46:33 09:46:37 09:46:44 09:46:47 09:46:52 09:46:56 09:46:57 09:47:01 09:47:05 09:47:09
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selected information, the columns that I left in for analysis purposes. Q. All right. MS. PARKER: Your Honor, at this time the
government offers Government's Exhibit 111. THE COURT: MR. DUMA: THE COURT: Exhibit Number 111. BY MS. PARKER: Q. And I'm going to put Exhibit 111 on the overhead Any objection? No objection, Your Honor. At this time the court admits
and just -- what was your purpose in doing this analysis? A. This -- the purpose of doing this analysis was
to -- well, this is actually the -- the complete printed information from eBay including all the information that was reflected in postings on the eBay sites. Q. And this last column here has the high bidder
name that actually identifies who purchased the product? A. Yes, that identifies who won the bid or the
bidding process for each item. Q. All right. And all of these entries here in
Government's Exhibit 111, they relate only to the Bargain Guy 44 and Yellowhair Bargains or Yellow House accounts, correct?
09:47:09 09:47:10 09:47:31 09:47:32 09:47:32 09:47:34 09:47:35 09:47:39 09:47:43 09:47:46 09:47:47 09:47:48 09:47:51 09:47:51 09:47:53 09:47:56 09:47:57 09:47:57 09:48:00 09:48:05 09:48:11 09:48:14 09:48:15 09:48:19 09:48:21
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A. Q.
That's correct. Now, also on that disk was information for
PayPal, correct? A. Q. Correct. I'm going to show you Government's Exhibit 112.
What's that? A. That is a print-out on large format of all of the PayPal has quite
columns that are included for PayPal.
a few additional columns than what eBay print-outs actually have. MS. PARKER: Your Honor, at this time the
government would offer Government's Exhibit 112. THE COURT: MR. DUMA: THE COURT: Exhibit Number 112. BY MS. PARKER: Q. Okay. And now I'm going to turn it right side up Now, did you have to Any objection? No objection. At this time the court admits
and display this for the jury.
enlarge this, or is this the size that it takes to print out all the information directly from that disk about PayPal? A. That's the size if its basically shrunk down to
get onto that -- onto that paper right there. Q. So, it's impractical to print out directly from
09:48:24 09:48:29 09:48:34 09:48:35 09:48:39 09:48:45 09:48:48 09:48:49 09:48:51 09:48:52 09:48:57 09:49:03 09:49:06 09:49:06 09:49:09 09:49:12 09:49:13 09:49:14 09:49:16 09:49:19 09:49:19 09:49:23 09:49:27 09:49:31 09:49:33
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
the disk, the 109, the information from PayPal? A. Yes, it would go on several pages just to include
all the columns of going from left to right. Q. So, in order to have information in a usable
form, did you again take the disk and put it into a form that was more easily dealt with? A. Q. Yes. All right. Can you tell the jury what Exhibit
113 is, please? A. Exhibit 113 is the print-out of the PayPal
records associated with the Yellowhair Bargains and the Guy -- or Bargain Guy 44 accounts. Q. All right. MS. PARKER: And Your Honor, at this time
the government would offer Government's Exhibit 113. THE COURT: MR. DUMA: THE COURT: Exhibit Number 113. BY MS. PARKER: Q. Now, Exhibit 112 -- I'm sorry, 111 which is the Any objection? No objection. At this time the court admits
print-out of the eBay information, what did you do with this? Did you make any summaries or reduce this to some
kind of a summary at all? A. Umm, not so much the eBay, but did with the
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PayPal records. Q. All right. The PayPal records in Exhibit 113,
what did you do with those in the course of your investigation? A. Took the -- I took -- took the information that
was contained in there listing their sales, and this is the sales that would come through PayPal. This does not
include sales if somebody would mail a check or cash payment or pay by credit card. This would be just the
sales that were completed through eBay and paid through a PayPal account. Took that information and began
removing certain items that were sold by them that we do not believe -- may not be related to the case, particularly removing items such as conducted searches and removed items such as appliances that were typically being stored or sold in the store, such as a used oven or refrigerator, some item like that. Conducted
searches, and this is electronic searches through the spreadsheet for any item that lists used or used search terms like -- for like -- like new, trying to remove each item that was not an item that was listed as new or new in the box type item, and then did a line by line search of the remaining items to remove any additional ones that we didn't think applies to the specifics of this case.
09:51:04 09:51:08 09:51:13 09:51:17 09:51:18 09:51:20 09:51:24 09:51:28 09:51:31 09:51:34 09:51:36 09:51:40 09:51:44 09:51:48 09:51:52 09:51:53 09:51:57 09:52:03 09:52:08 09:52:11 09:52:14 09:52:18 09:52:21 09:52:25 09:52:28
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Q.
All right.
So, the final product that you have
reflected only the PayPal information relating to new items sold by Yellow House. statement? A. Well, that exhibit actually is a printing of all But in order for -- to determine maybe Is that a correct
of the items.
like a dollar amount, approximate of the items that were new or new in boxes items, I conducted that search and removal of items. But the actual exhibit is a print-out
of -- of all the information. Q. But after you winnowed out all of the extraneous
items and were left with what you believe was just an accounting for new items, were you able to determine how much the Yellow House stores received from PayPal for new items? A. Q. Yes, it was a little over $600,000. And the $600,000, that is only PayPal. Are there
other methods for merchants who sell on eBay to get payment besides going through PayPal? A. Yes, they can receive payment via money order,
cash, check that would be mailed to them, they could accept orders over the phone, or actually, I mean, not orders, but payment over the phone using a credit card. So, there could be other ways. It's just PayPal is one
way in which they can transfer money and pay for the
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item. Q. All right. So, assuming that there was some
activity outside of the PayPal account, this $600,000 total figure would likely go up? A. Q. Yes. All right. Now, did you also isolate certain
pages from the eBay and the PayPal records? A. Yeah. I isolated certain pages that related
specifically to the counts in the indictment. Q. All right. I'm going to show you Exhibit 11.2.
What's that? A. 11.2 is a print-out of eBay records relating to
Count 11, and on each of these pages in these, there will be a line or more than one line depending on how many items per page are related, that is highlighted, and that highlights the items specifically related to that count. Q. All right. The highlights that are on these
exhibits in yellow are highlights you put there, correct? A. Q. Correct. To indicate which of the lines relate to certain
counts, correct? A. Q. Yes. But other than that, have there been any changes
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made to those documents? A. Q. A. No. All right. Is there a number down in the corner?
Yes, the number down in the corner next to, for
instance, Exhibit -- you know, this is Government's Exhibit 11.2. There's a number E B 136. That is
basically a bate stamp number that we had printed on here so that once again I could refer back to a specific page for that account that would have been in that full complete print-out that we've all ready done. MS. PARKER: I'm sorry, are you finished?
At this time the government offers Exhibit 1-- I'm sorry, 11.2. THE COURT: MR. DUMA: Any objection? Judge, could I please ask one
question of this witness before I -THE COURT: MR. DUMA: Yes. Agent Nitz, that is as to a
specific count in the indictment, is that correct? THE WITNESS: Yes, that relates to a 11.2 would be
specific count in the indictment. referencing Count 11. MR. DUMA: THE COURT: admit Exhibit 11.2. Thank you.
No objections.
At this time the court does
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BY MS. PARKER: Q. And maybe that is good time to do a little bit of Exhibits
explaining of how these exhibits are numbered. that start -- in this case we've referred to Exhibit 11.2. A. What does that first number mean?
The first number 11 is a reference to Count 11 in
the indictment. Q. And this would be the second document that
relates to Count 11? A. Q. Yes, the .2 would reference a second document. And so, any exhibit that starts in a Number 11
will be an exhibit that relates to Count 11, correct? A. Q. Correct. All right. There are 18 counts in the
indictment, correct? A. Q. Correct. All right. So, numbers starting with 2, 3, 4
would all relate to Count 2 or Count 3 or Count 4? A. Q. Correct. Then there are exhibits that have been marked Buy What do those relate to?
One and Buy Two. A.
Those are relating to specific buys, are relating That
to undercover activity by our undercover officers.
would be -- Buy One would reference the first sale of -by the undercover officer to Carrie Neighbors or the
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first buy that she made from the undercover officer. Q. And then there are documents that are -- and then
anything related to Buy One will be Buy 1.1, 1.2, Buy 1.2, Buy 1.3. So that you -- anybody reading those
numbers would know that all of these documents that have Buy 1. something relate to that first buy on October 27th? A. Q. 1.2. A. Yes, that's correct. Now, we have documents that are marked CI 1.1, CI What do those refer to? Those refer to our confidential informant,
cooperating individual, specifically Joey Cadenhead. And the one would reference the first sale to Yellow House, CI 2 would reference a second sale, and any of the .1 .2 .3 would reference individual documents or items within that were associated with that first or the second or the third buy. Q. And at the request of the law enforcement agent,
Joey Cadenhead went into the Yellow House on three occasions and had contact with Carrie Neighbors, is that right? A. Q. Yes. And so, CI 1, 2, 3 are the references to those
three visits that were recorded? A. Yes.
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Q.
All right.
Now, in front of you I have set a Can you identify by exhibit number
stack of folders.
what are contained in those folders? A. Yes. Item 12.2 is an eBay print-out. It has two
highlighted items on there, but this references -- at least one of those items references Count 12. Q. All right. Do you also have Exhibit -- and
that -- these pages that you are referring to in this stack you're about to identify all look like 11.2 as far as their form goes? A. Q. Yes. All right. What's Exhibit 13.2? What does that
relate to? A. 13.2 is another print-out from the eBay records,
and it references to Count 13. Q. All right. Exhibit 20 -- I'm sorry, 223.2,
what's that? A. Q. A. That is another eBay print-out. All right. Exhibit 10.5?
Exhibit 10.5 is a -- another eBay print-out
referencing Count 10. Q. A. All right. Exhibit 10.6?
10.6 is a -- an eBay print-out, and it also
references Count 10. Q. Exhibit 10.7?
09:58:48 09:58:52 09:58:53 09:58:57 09:58:59 09:59:02 09:59:02 09:59:02 09:59:06 09:59:08 09:59:14 09:59:17 09:59:23 09:59:26 09:59:33 09:59:37 09:59:40 09:59:46 09:59:48 09:59:53 09:59:53 09:59:57 10:00:05 10:00:10 10:00:11
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10?
A.
Another eBay print-out referencing 10. -- or
referencing Count 10. Q. A. Q. All right. Yes. Is that another eBay page that references Count Do you have Exhibit 10.2 there?
A. Q.
Yes. All right. Exhibit 10.3, is that an eBay page
that references Count 10? A. Q. A. 10.3 is a PayPal page in reference to Count 10. All right. Exhibit 17.3. What's that?
17.3 is a pay -- a print-out from the PayPal
documents in reference to Count 17. Q. All right. Exhibits 5.2 and 5.3, are those
documents that relate to Count 5? A. Q. Yes, they are. They are both eBay documents.
Exhibits 7.2 and 7.3, are those documents
relating to Count 7? A. Yes, they would be, and both of them are eBay
print-outs. Q. A. Exhibit 18.3, what's that? 18.3 is a PayPal print-out referencing Count --
or Count 18 for the transfer of funds to the bank account. Q. All right. That's for the transfer of funds from
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PayPal to one of the Yellow House bank accounts? A. Q. Yes. All right. And when those funds are transferred,
does PayPal transfer those electronically? A. Q. Yes, that is done electronically. And does that electronic transfer of funds from
PayPal into the Yellow House bank account affect interstate commerce? A. Q. A. Yes, it does. Exhibits 2.2 and 2.3, what are they? 2.2 is an eBay print-out in reference to Count 2
and Exhibit 2.3 is a PayPal print-out in reference to Count 2. Q. Now, when you say that 2.2 is an eBay account
record and 2.3 is a PayPal account record, are each one of those clearly marked someplace where it shows this is PayPal, this is eBay? A. Yes, the eBay in particular 2.2 is in reference
to eBay Page Nine, E B Nine. Q. A. Q. A. Q. All right. And how is that?
And then Pay -Where do you find that? That is on the bottom right corner. All right. And I'm going to put up here on the And .2 E B 136. This means this
overhead Exhibit 11.2.
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is from the eBay documents at Page 136? A. Q. Correct. All right. And if it were PayPal, what is the
notation? A. Q. A. Q. P P. P P for PayPal? Yes. All right. So, anybody looking at the record,
while it may at first glance look exactly the same or substantially the same, that little notation at the bottom clearly informs the reader which agency or which entity it came from? A. Q. A. Q. A. Yes, it will reference either eBay or PayPal. All right. 4.2. All right. And 4.2, 4.3, 4.4 and 4.5 there? What's your next number there?
Yes, 4.2 is an eBay document, 4.3 is an eBay
document, and 4.4 is an eBay document, and 4.5 is an eBay document, and those are all in reference to Count 4. Q. there? A. Yes. 14.2 is an eBay document referencing Count All right. Do you have Exhibits 14.2 and 14.3
14 and 14.3 is a PayPal document in reference to Count 14.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15.
Q. A. Q. A. Q. A.
What is the next number that you have? 3.2. And what is that referencing? 3.2 is an eBay document in reference to Count 3. Do you have 6.1 and 6.2? Yes, 6.1 is an eBay document in reference to
Count 6. Q. A. And -And 6.2 is also an eBay document in reference to
Count 6. Q. A. Do you have 9.2? Yes, 9.2 is an eBay document in reference to
Count 9. Q. A. Do you have 16.3? Yes, 16.3 is a PayPal document in reference to
Count 16, specifically the transfer of funds to bank or withdrawal of funds to bank. Q. 15.3. A. And I'm going to hand you what's been marked as Have you identified that? 15.3 is an eBay document in reference to Count
MS. PARKER:
Your Honor, at this time the
United States would offer Exhibits 11.2, 12.2, 13.2, 223.2, 10.5, 10.6, 10.7, 10.2, 10.3, 17.3, 5.2, 5.3, 7.2, 7.3, 18.3, 2.2, 2.3, 4.2, 4.3, 4.4, and 4.5, 14.2,
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
14.3, 3.2, 6.1, 6.2, 9.2, 16.3, and 15.3. THE COURT: all ready been admitted. exhibits, any objections? MR. DUMA: THE COURT: No, Your Honor. There were a number of exhibits I believe the Exhibit 11.2 has But in regards to the other
that were listed, and as listed by the government for the record, there being no objections, court at this time is going to admit those exhibits. MS. PARKER: And Your Honor, as it relates
to the interstate wire transfers, government would like to publish a portion of Government's Exhibit 101, which is the stipulation of facts at this time. THE COURT: MS. PARKER: Please do so. Stipulation 1-- Exhibit 101 at
Paragraph One states that between January of 2004 and July 2006, e-mail messages sent to or from the eBay servers through the following I P addresses traveled in interstate commerce between the states of Kansas and California. Then lists four I P broad band numbers from
Sunflower; they end in 56.37, 100.192, 124.135, and 91.191. And AT&T internet service I P numbers, three of
them, one ending in 101.14, one ending in 195.176, and one ending in 101.178. BY MS. PARKER:
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Q.
Now, Inspector Nitz, do these I P numbers appear
on any of these eBay or PayPal documents? A. Yes, they -- on the eBay documents, it lists a
listing I P address. Q. All right. And I've got Exhibit 11.2 on the
overhead now, and the next to the last column is the listing I P address, correct? A. Q. Yes. All right. And the listing I P addresses that
appear on the eBay documents are reflected in the stipulation Exhibit 101 as eBay or I P addresses that belong to the defendants in our state and are in Kansas? A. Q. A. nexus. Q. It shows that these wire transfer -- these That's correct. And what does that information establish? That information helps establish the interstate
messages went back and forth across state lines? A. Q. Correct. All right. Now I'm going to hand you
Government's Exhibit 232 and ask you if you can identify that please? A. 232 is a disk of the information provided by eBay
and PayPal in reference to an account Flatlander 645. Q. Show you Exhibit 233. What is that?
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A.
Exhibit 233 is information that is printed from
the eBay and PayPal disk in reference to the Flatlander 645 account. MS. PARKER: Your Honor, at this time the
United States would offer Government's Exhibit 232 and 233. THE COURT: MR. DUMA: THE COURT: Exhibits 232 and 233. BY MS. PARKER: Q. Now, I am going to put up on the overhead the Any objection? No objections, Your Honor. At this time the court admits
first page of Government's Exhibit 232 and ask you to tell the court and the jury what this represents? A. This is an information page specifically related It identifies the owner of Flatlander 645 as
to PayPal.
being Mike Coffman. Q. All right. And I'm pointing to a location in the
middle of that page where it shows Mike Coffman, P O Box 196, Lecompton, Kansas, correct? A. Q. Correct. All right. And is the Flatlander 645 eBay
address involved in this case at all? A. Q. Yes, it is. How?
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A.
In approximately March of 2006, Carrie Neighbors
and Yellow House Store began using this account. Michael Coffman is a friend or associate of -- of the Neighbors. Q. All right. Is he a person that was often seen in
the Yellow House Store by people going there to sell? A. Q. Yes. And do you know why the Yellow House Store
had to start using a different identifier for eBay and PayPal? A. EBay and PayPal -- or I guess eBay had shut down
their other accounts. Q. A. Q. So, they had to use a different ID number? Yes. And was it one that could not be associated with
any of the addresses that they showed on their own records for eBay and PayPal? A. Correct. MS. PARKER: more exhibit. BY MS. PARKER: Q. I want to show you what has been marked as Can you identify that please? Just one second. I have one
Government's Exhibit 243. A.
Yes, 243 is a -- is information that was printed It's listed as prohibited and
in reference to eBay.
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restricted items-stolen property. Q. A. Q. All right. Yes. And is this a policy that was in effect from 2004 And is that from eBay?
through 2006? A. Yes. MS. PARKER: Your Honor, at this time
government offers Government's Exhibit 243. MR. DUMA: THE COURT: Exhibit 243. BY MS. PARKER: Q. again. A. Q. A. I'm going to put Exhibit 243 on the overhead Would you read that first paragraph please? Beginning with the sale of stolen property? Yes. The sale of stolen property is strictly forbidden No objection. At this time the court admits
on eBay, and violates state, federal, and international law. EBay strongly supports law enforcement efforts to
recover stolen property that is listed on its web site, and urges the prosecution of those responsible for knowingly attempting to sell such items on eBay. Stolen
property includes items taken from private individuals as well as property taken without authorization from companies or government.
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Q. site? A. Q.
Was this policy easily accessible on the eBay web
Yes, you could research that and find it. So, this is information that eBay provided to
sellers about their policy that stolen property could not be sold on their web site? A. It's information they had available, yes. MS. PARKER: Just one second. Your Honor,
that concludes my direct examination of this witness. THE COURT: MR. DUMA: Cross-examination? Thank you, Your Honor.
CROSS EXAMINATION BY MR. DUMA: Q. Agent Nitz, let's go back first to the exhibits
that have the checks that were written out to the people that are going to testify on behalf of the government. A. Q. Okay. One of them is James Ludwig. Would you agree
with that? A. Q. Yes. Okay. And that's in Government's Exhibit
Number 124? A. I believe it is. I don't have it in front of me,
but I think his -- yeah, 124 it looks like. Q. And so, basically, this exhibit has copies of the
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
checks that were written from Yellow House to James Ludwig? A. Q. A. Q. Yes. As part of that exhibit; would you agree? Yes. Okay. And I'm going to show you just randomly,
I've chosen a check out of the back of that exhibit that's been admitted. It's Check 10501, and if I can, I Can
may need some -- some technical assistance here. you see that? A. Q. Yes, I can.
And that's a check written out to James Ludwig on Would you agree
-- looks like September 29th, 2004. with that? A. Q. Yes. Okay.
And that would be pretty representative of
the sorts of checks that were written to Mr. Ludwig from Yellow House. A. Q. Yes. Okay. Now, I notice on the check itself, there's Would you agree with that?
something that's blacked out like in the -- in the middle upper. A. Q. Yes. Okay. And I assume that's Kansas driver's You see that right there?
license information?
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A.
Yeah, we redacted personal information that would
be related to the individual. Q. But the original of the check as -- as Mr. Ludwig
went to the bank, the original of the check would have had his Kansas driver's license number on the front of that check apparently, is that correct? A. Q. Yes. Okay. And also it looks like there's a
fingerprint right there in the upper yellow -- or upper left-hand corner right there by Yellow House. agree with that? A. It's some sort of smudge, but appears probably a Would you
fingerprint. Q. A. Q. A thumb print probably? Probably a thumb print. And did you investigate where that thumb print
came from on this check? A. prints. Q. So, that was probably done at the bank just so No, this check was not processed for thumb
when he cashed it, the bank could say, put your thumb print on here in case you're trying to do something illegal, correct? A. Q. Yes, it was probably done at the bank, yes. And then the -- do you know whether the Kansas
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driver's license information was written on there by somebody at Yellow House or somebody at the bank? A. Q. I do not know. Okay. So, in any event, once this check was
cashed or deposited, then the original of it came back to Yellow House, correct? A. Yes, it would have been processed back either as
a printed copy or physically returned to them. Q. Okay. And then that's -- that's how you got it
from a search warrant in December of 2005? A. Umm, I'm not positive this specific check whether
it was from search warrant or subpoena, but probably on -- search warrant on this. Q. So basically -- and there's just literally -- I
don't know if there's hundreds, there's a bunch of checks to Mr. Ludwig that -- that have on the check exactly what was purchased, correct, in the memorandum section? A. Q. Yes, there is an item listed in the memo section. Okay. And then there's -- this identification
information is on most of the checks that were -- that were given to Mr. Ludwig. A. Q. Yes. And then it looks like there were fingerprints -Would you agree with that?
not on all of them, but on some of them, checks given to
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Mr. Ludwig? A. Q. Yes. Okay. And so, when -- when Carrie Neighbors or
Yellow House got those checks back from the bank, they would have seen that the bank had the driver's license number or some other identifying information as to Mr. Ludwig, and they would have seen that he had also provided what looks like a thumb print. with that? A. Q. Yes, they could have seen that. Okay. Now -- and that's true of -- I just didn't Would you agree
look through all of them, but I'll just do Nicolle Beach's, Exhibit 114, Check 13704, and it's the same sort of deal with her, isn't it; looks like her identifying information was blacked out and then there's a thumb print on that check? A. Q. Yes. Would you agree that that -- that almost all of
the checks that are in the exhibits wherein Yellow House wrote checks to people that are going to testify for the government, had identifying information on the front of the check? A. Q. Many of them did, yes. Now, you don't know whether that was put there by
Yellow House or by the bank, right?
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A. Q.
I do not. Okay. And then again, when Yellow House got that
back, they would have seen that -- been able to see that information? A. Q. They would have been able to see it, yes. Okay. Now, if I could summarize the -- the Yellow House got property in,
electronic testimony.
wrote a check for it and then placed it on eBay, sold it and then got paid through PayPal. Would that be a --
would that be a relatively accurate summary of how it worked? A. Yes, they could have been paid by PayPal or -- or
another form, but typically through PayPal, yes. Q. Okay. And because that electronic zap went from
Kansas to California and back, that's what creates the interstate nexus, correct? A. Q. Yes. Okay. And that's basically what most of the
documents that you're -- that you're presenting were designed to show. A. Would you agree with that?
That, and just a record of the activity in the
account, yes. Q. Okay. Now, on the eBay account, I noticed -- and
the PayPal account, I noticed that the Neighbors used their accurate home address, correct?
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A. Q.
Yes. And their accurate store address for both the
store in Lawrence and Topeka? A. Q. there. Yes. And they also used -- there were phone numbers on And did you check to see if those are valid
phone numbers? A. Yes. I'd have to go back through other records
to determine which ones were which, but yes, some of those phone numbers we did determine were belonging to them. Q. Okay. Now, when you sent the -- I don't know if
you did, but somebody sent a search warrant out to the eBay people, once they got notification that -- that there was something that was being investigated by the police as to eBay and PayPal, they shut the accounts down for Yellow House, didn't they? A. EBay made that decision. It wasn't at the
request of law enforcement. Q. No, I wasn't suggesting it was. I mean, but they
made that -- they made that decision after they found out that law enforcement was interested in the account? A. Q. Yes, at some point they did, yes. Okay. And that search warrant would have been
sent out approximately December of 2005?
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A.
Yes, it would have been sent out roughly about
the same time, if not the same day that the search warrants on the business and the house were executed. Q. Okay. So, you indicated in your testimony that
the eBay and PayPal had shut down the Yellow House accounts, their eBay and PayPal accounts, is that correct? A. Q. Yes, it was them that shut it down, yes. And that would have been -- it looks like it was
around the first of the year in 2006? A. I don't remember exactly when, but roughly about
that time-frame, yes. Q. Okay. And then right after that, they had to
start using Mike Coffman's Flatlander account, is that correct? A. Q. In about March of 2006, yes. Okay. And you were aware that Mike Coffman was
regularly around the store at -- at Yellow House and was friends with the Neighbors? A. Umm, in March 2006, I don't know that we knew
that, but at some point thereafter, yes. Q. Okay. And you even questioned Mr. Coffman about
why he let them use his account, correct? A. Q. Yes. Okay. Now, eBay has this -- this thing that's a
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policy that says don't use us to sell stolen property, basically. I'm paraphrasing a little bit. Would you
agree with that? A. Q. Yes. And they do that because they have no way of
knowing when their stuff's running through their accounts whether or not it's stolen. with that? A. Q. Yes. And they're doing that basically to let everybody Would you agree
know that they don't want to participate in criminal activity? A. Q. Yes. Thank you. No further questions. Redirect? Just a few questions. Your
THE COURT: MS. PARKER: Honor.
RE-DIRECT EXAMINATION BY MS. PARKER: Q. Mr. Duma asked you about the -- some of the
checks to Mr. Ludwig, and he displayed one, and I, to be quite honest, can't remember which one it was, but I'm going to put another one up there. 1311. A. Do you see that? Yes. This is Check Number
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Q.
And this is a check in the amount of $220 for De
Walt shelf -- or stuff -- or anyway, De Walt is what? A. Q. A. De Walt is a tool. And De Walt is a high end tool company, right? Yes, it can be, depending on which De Walt was
purchased. Q. All right. And this check has some information
that appears to have been a driver's license number. Well, you know, you blacked it out so that we wouldn't compromise anybody's personal information, correct? A. Q. Correct. All right. But it had a driver's license number
on there, correct? A. Q. Yes. All right. But there's no indication that Carrie
Neighbors or anybody working for Carrie Neighbors put that on there, is there? A. Q. No, there's not. But this check then going to a bank to be cashed,
having a driver's license number on it wouldn't much inform the teller or whoever cashed that check about the activity that caused this check to be written, correct? A. Q. No, the bank would not know that information. They just know that a check was written for $220
and this guy with a valid ID came in and cashed it?
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A. Q.
Correct. Now, going to the next page, Check Number 1120.
Check Number 1311 is dated what? A. Q. April 15th, 2004. Then we have the next check, Check Number 1120.
What's the date on that? A. Q. A. Q. A. Q. April 16th, 2004. All right. Tool set. Again, check written out to Jim Ludwig? Yes. All right. And a teller cashing that check in And what's that for?
that form wouldn't know necessarily that Mr. Ludwig had cashed a check the day before for tools, would he? A. Q. Not necessarily, no. So, this wouldn't put anybody on notice of any
wrongdoing unless you had everything altogether at one time, correct? A. Q. Correct. Another check, on April the 16th, Check Number
1320 -- 1334, for $520 for tool items, again, to Jim Ludwig? A. Q. Yes. This check wouldn't put anybody on notice of
anything, would it?
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A. Q.
No. Other than the person who wrote the check and the
person who got the check? A. Q. Correct. 417, the next day, we have Check Number 282, all
these signed by Carrie Neighbors, correct? A. Q. A. Q. Yes. $380, for tools to Jim Ludwig, correct? Yes. All right. Person cashing this check without the
checks that went previous, there would be nothing about this that would raise anybody's suspicions, would there? A. Q. No. But if you look at the summary of these checks,
somebody keeping a checking account who would be getting all these checks back in one place could easily go down those memo sections and see, my God, James Ludwig is bringing me hundreds of dollars worth of tool sets a month, couldn't they? MR. DUMA: Your Honor, I'm going to object.
This is a leading question and argumentative, closing argument. THE COURT: BY MS. PARKER: Q. You were also asked about the eBay records. Do Sustained.
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you remember? A. Q. Yes. And that you know eBay keeps these records, and
you know they try to root out the people who are selling stolen items on their system, remember? A. Q. Yes. And the information in Government's Exhibit 111
is essentially the information that is contained in the eBay records, is reported to eBay, right? A. Q. Yes. And in that disk, think it was Exhibit 109, did
you see any column on the eBay records that said Yellow House got this item from Jim Ludwig? A. Q. No. So, there's no way to look at the -- at the eBay
records and tell the source of the item that's being sold, correct? A. Q. A. Q. That's correct. But the checks do tell that? The checks do, yes. Thank you. No further questions. Any re-cross? No, thank you. If there's nothing else of this
THE COURT: MR. DUMA: THE COURT:
witness, at this time, you can step down, please.
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Return to your seat. MS. PARKER: next witness? THE COURT: We'll go ahead and take our Thank you for asking. Would you like us to call our
morning recess at this time.
Jury members, we'll go ahead and take our morning recess. Please remember the admonition, which the court
has referred you to before, which is that during the -the day, we take our recesses, court will remind you that no one's to talk to you about the case. If they
do, please let us know, and that even among yourselves, you cannot talk about the case. 15 minutes. Thank you. (10:30 AM, jury left.) THE COURT: MS. PARKER: Court stands in recess. Your Honor, before we do that, I think Take a recess, about
the government would like to invoke the rule.
we neglected to do that before we started, but we would like to invoke the rule. THE COURT: At this time, for the record,
the government has invoked the rule regarding the -regarding the presence of anyone in the courtroom that may be called as a witness in this case. If in fact
there is a potential witness in the courtroom, they need to leave the courtroom during the presentation of the
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evidence.
There are witness waiting rooms outside, or I'll ask counsel's help in doing They're
they can wait outside. that for the court.
These are open courtrooms.
open to the public, so people can come in and see, unless it's a potential witness, and if that's the situation, counsel, you need to let those potential witnesses know they need to wait outside the courtroom during the evidence. Thank you. Proceedings
(Whereupon court took a recess. then continued as follows: and jury returned.) THE COURT:
10:53 AM, court
Hopefully, with our time that
we're here, we'll get more used to our seating here. It's a little tricky, and there's a number of you there, but thank you for your cooperation with the court. Continuing where we left off, Miss Parker, if you're ready to proceed. MS. PARKER: We are, Your Honor. As its
next witness, the United States would call Jason Steffen. THE COURT: Before you take your seat, need
for you to raise your right hand. THE WITNESS: THE COURT: as you get in there. I do. Please take your seat. Careful
If you would, as you give your
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answers to the questions you're asked, please speak up loud and clear and speak into the microphone. start with you stating your name. THE WITNESS: THE COURT: THE WITNESS: THE COURT: THE WITNESS: F E N. THE COURT: MS. PARKER: Thank you. Miss Parker. Name is Jason Steffen. Please spell your name. First name? Complete name. J A S O N. Last name S T E F Have you
JASON STEFFEN, Called as a witness on behalf of the government, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MS. PARKER: Q. A. Q. Mr. Steffen, where are you employed? Target Corporation. All right. That's the Target, the retailer that
sells everything under the sun? A. Q. A. Q. A. Yes. Yep. How long have you been with Target?
All right. 10 years.
I want to -- what is your current job title? I'm a regional manager for Target asset
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protection which is their security division. Q. And as the regional manager, are you also the
custodian of the records for Target? A. Q. Yes. All right. In 2004 and 2005, were you in the
same position you're in today? A. 2005. Q. All right. And how -- what is Target No, I was actually in Target investigations in
investigations? A. Target investigations is in charge of the safety,
security of most -- of all theft and fraud operations within Target. Q. All right. Were you assigned to a particular
store or a particular region in 2004 through 2006? A. Yep, my area was the Kansas City market, which
included Topeka and Lawrence. Q. Okay. And can you just briefly describe the
fraud protection efforts that Target undertakes? A. We have store based resources, so we have a
security division within each store, and then what I did is, a lot of retailers, the crime -- you know, once it occurs in the store, the store based resources will take care of that, but if for some reason it leaves the store, Target investigations will follow up, partner
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with law enforcement, and -- and go outside the four walls of Target to resolve different types of retail crime. Q. Target? A. Yeah, the reason why we have these divisions, All right. And is fraud loss a problem for
it's significant losses, theft of fraud alone count for about $250 million in loss a year. We stop in upwards
of 60,000 shoplifters and probably 5,000 employees stealing a year. Q. All right. And has that been a pretty steady
number since 2004? A. Steady numbers, that's usually pretty typical of
a steady year all the way back to that time. Q. And you said that your fraud investigations unit
and your protection unit partners up with law enforcement. A. Yep. How do you do that? You know, we can't close these cases So, what we
without great law enforcement partnership.
try to do is get as much intelligence as we can, figure out who our shoplifters are or where the crimes are taking place, and then taking that information to law enforcement, and then we provide a lot of resources to help resolve these type crimes to ensure a deterrent. Q. All right. Are you -- have you participated in
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or are you aware of an investigation that arose at the Target store in Lawrence, Kansas in late October of 2005, specifically the theft of vacuum cleaners? A. Q. Yes. All right. And in the course of your employment,
have you become familiar with the contents of the Target's file on that instance? A. Q. Yes. All right. And what do you know about when the
first theft was? A. The first theft occurred September 28th in 2005
of Dyson vacuum cleaners. Q. How did you first -- and when I'm saying you now,
I mean Target, how did Target fraud protection become aware that Dyson vacuum cleaners were being shoplifted from the store? A. We have pretty stringent requirements and
counting every single day what we consider high theft merchandise within buildings, and Dyson vacuums at that time were going between 550 to $600 per vacuum, and created a large demand as far as people stealing these type of merchandise. So, we counted that product every
single day, and how we came about noticing that we were missing vacuums is during these counts. Q. All right. And what was the first date you just
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testified to where you had a count that was short? A. Q. The first discrepancy was September 28th. All right. I'm going to show you what's been
marked Government's Exhibit 12.3 and ask you, can you identify that document? A. Q. A. Yes. What is that? That is a picture of at that time Nicolle Beach
pushing out Dyson vacuums from Target. MS. PARKER: Your Honor, at this time
government offers Exhibit 12.3. THE COURT: MR. DUMA: THE COURT: Exhibit 12.3. BY MS. PARKER: Q. Now, Exhibit 12.3 has two screen shots there, Any objection? No objection. At this time the court admits
correct? A. Q. Yes. All right. And looking first at the top one, you
say that that's a picture of who? A. Nicolle Beach, the top picture is actually the
entry photo coming into the store without any product. Q. All right. And that has the date 9/28 of 2005
and the time of 1:17.36 PM, correct?
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A. Q. A.
That's correct. How did that information get on that photograph? That is actually -- our Target security system
actually imprints that time and date at the time that photograph is taken from the system. Q. All right. So, this photograph was taken on 9/28
at 1:17 PM? A. Q. That is correct. Now, did anyone know when Miss Beach walked in
the store on 9/28 that she was someone they needed to watch? A. Q. No, just a typical guest. All right. And the second photograph there on
Exhibit 12.3, what does that show? A. That is actually an exit photo showing Nicolle
exiting with a Dyson vacuum cleaner. Q. And which -- there are two ladies in that Which one is Nicolle Beach?
photograph. A.
She would be the one in front of the Dyson there,
on the left. Q. A. Q. The one in the white? Yes. All right. And you say the one in the Dyson. Do
you recognize that box as being a Dyson vacuum cleaner box?
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A. Q.
I do. Okay. It's not real apparent to somebody who
doesn't know a Dyson vacuum box, but you recognize that? A. Q. Yeah. Did you -- did Target pull this photograph -- or
these photographs there on 9/28 when they realized a Dyson was missing? A. The photographs were actually researched on when Those photographs were
they found counts were missing. taken I believe on the 30th.
The research was done on
the 30th going back to the 28th and realizing that we had missed Dyson's during that time. Q. So, when you say the photograph was taken on the
30th, you mean it was found? A. It was found. These photographs were stored in
the system as they happened, yes. Q. And were there any other days when the inventory
showed that there were other high end Dyson vacuum cleaners missing from your inventory? A. Yep, we were missing vacuums from the 28th, 29th
and 30th. Q. All right. Show you what's been marked Do you recognize that?
Government's Exhibit 229. A. Q. I do. What is that?
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A.
Another -- just like we saw last time, Nicolle
Beach entering the store on the second, and then the below picture is her leaving with a Dyson. Q. All right. MS. PARKER: Government's Exhibit 229. THE COURT: MR. DUMA: THE COURT: Exhibit Number 229. BY MS. PARKER: Q. All right. Let's go back to the top picture. On Any objection? No objections. At this time court admits United States would offer
this exhibit, Exhibit 229, that is who? A. Q. Nicolle Beach. All right. And how do you know that these are
photographs of Nicolle Beach? A. Evidence throughout those counts showing those
missing Dyson's, we could flag that merchandise and tie it back to that person exiting at that time. Q. And then the second picture here is again the
lady in the white blouse pushing the cart out the door? A. Q. A. Q. Yep. And what's that big thing in her cart? A Dyson vacuum. At some point in time, was Nicolle Beach
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apprehended at your store with a Dyson that she hadn't paid for? A. Q. A. Q. Yes. When did that happen? I believe that happened on 10/3/2005. So, it would be the day after, she has rolled out
another Dyson on 10/2? A. Q. Exactly. Okay. And when she was arrested, where was she;
in the store, in the parking lot? A. Typically, what you see in these pictures, she
was arrested as she was exiting the store with the product. Q. And when she was detained by your security folks,
did she have more than one Dyson vacuum cleaner in her possession? A. Q. A. Yes. Where was the other one? The other one was found in her vehicle from a
previous theft. Q. All right. And were you able to identify that as
one that had been stolen from Target? A. Q. A. Yes. How? Each one of our -- our vacuums actually have a
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label that's put on 'em that will show what store it was actually shipped to with our identification labels within every package. Q. And if the vacuum cleaner in the box is recovered
with that label on it -A. Q. Yes. -- could law enforcement or could Target loss
prevention identify that it belonged to Target? A. Yep, we actually have an inventory system where
all we'd have to do is scan that label, and then show exactly what store we would have that vacuum in, and then whether or not it was stolen or purchased. Q. Now, after loss prevention detained Nicolle
Beach, did you -- did your loss prevention officers engage in some other investigative activities? A. Yes, during that time, we trained our security
folks to ask a lot of questions, especially when we have a trend of the same product over and over again, usually there's more that -- to that store, so they're trained to ask more questions on, if this isn't personal use, where is it going. Q. All right. And was Miss Beach questioned by your
loss prevention people? A. Q. Yes, she was. All right. And in -- as a result of that, did
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you get some information that you turned over to the Lawrence Police Department? A. Q. Yes. All right. Let me show you what's marked as
Government's Exhibit 224, and ask you to identify that please? A. Okay. This is actually a record of eBay history
that was discovered by Target. Q. A. Q. I'm sorry, by who? By Target. All right. Was this in relation to the theft of
the Dyson vacuum cleaners? A. It was. Part of my job in investigations at that
time, when we get information or we get trends on high theft merchandise that are leaving our buildings, what we would do is investigate and do a search with eBay, and at that time I could take like items like Dyson vacuums or KitchenAid mixers, put them into eBay, do a search around our stores and figure out which eBay sellers were selling those like items. Q. A. And how did you know to go to look on eBay? At that time in 2005 -- and the reason why Target
investigations was created was more of an organized element, so it wasn't our typical shoplifter. It was
the places that could be buying stolen property or
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
selling it on what we call e-fences or internet areas where they could get rid of this product. Q. And these are two eBay seller locations where you
identified property consistent with losses to Target that was being sold? A. Yep, found two sites, Yellowhair Bargains, which
we're looking at, and then I believe the other one was Bargain Guy, and both of those sites were selling Dyson vacuums and KitchenAid mixers. MS. PARKER: Your Honor, at this time the
government would offer Exhibits -- Exhibit 222 -- I'm sorry, 224. THE COURT: MR. DUMA: THE COURT: Exhibit 224. BY MS. PARKER: Q. All right. I'm going to put up Exhibit 224 here, Do you see there where it Any objection? No objections. At this time the court admits
and I'm on the first page. says member profile? A. Q. A. Q. Yes. All right.
And whose profile is that?
Yellowhair Bargains. All right. And was that the first time you had
-- or Target had had any associat-- known about
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Yellowhair Bargains? A. Q. This was the first time. And you say that items were being sold on this
web site that were consistent with items that were being stolen from Target? A. Q. Yep. All right. Can you -- I'm going to go now to the
fourth page of that exhibit, and at the top, it says 1 of 4. A. Q. Do you see that? That's correct. And it says the Yellow House bargain shop,
correct? A. Q. Yes. All right. Now, are any of the items that are
depicted on this page items that were shoplifted or stolen from Target? A. Yeah, one of the items that sticks out is the
KitchenAid mixer. Q. A. All right. And that's -- that was typical of what we were
seeing that not only Dyson's but KitchenAid mixers were going out the door as well. Q. A. Q. All right. Anything else on that page?
Umm, not on this page, no. All right. Then we go to the next page. We've
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got work pants and electric toothbrushes and hair straightening thing? A. Items that were flagged with Target were
specifically the Sonicare toothbrushes or the Oral B toothbrushes, the expensive hair straighteners, but those are typical Target items that we'd search at that time. Q. page? A. Q. A. The next page there, was there anything on this We have jeans and a Kirby vacuum? Yep, the calculators, the T I 84 calculators. That's the one down here at the bottom? Yep, there's one in the middle and one at the
bottom, and then there is an Oral B toothbrush at the top. Q. A. Q. A. Q. Okay. We may be on a --
Oh, am I on a different page? I'm on a page marked 3 of 4. Oh, apologize. All right. And if I've missed something on Page
2 of 4, we can go back. A. No, I think 3 of 4, if you -- at the top there,
is there -Q. A. Q. There's the elk skin work gloves? Is that 2 of 4? You're on 2 of 4 now. It's up at the top.
I'm on Page 2 of 4.
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A.
Okay.
Yeah, 2 of 4, that's the Sonicare
toothbrushes. Q. So, you found those on this Yellowhair --
Yellowhair? A. Yes, those are the items that flagged on this
particular site. Q. All right. And then on the -- this one is for
Bargain Guy 44? A. Q. Yes. Correct? All right. And were you familiar with
Bargain Guy 44 before this? A. Q. No, I was not. All right. Now, in this -- on this exhibit, are
there any items that were items that were typically being stolen from Target? A. Q. A. Q. A. Q. bike? A. Yep, on the first page. Okay. Let me go Is that in that same packet or -It should be in the back, yes. Okay. Oh, there we go.
Did you find it? Yep. We have on the first page is a men's mountain
through.
So, things -- items were -- that Target would
search for would be like the Kodak Easy Share Picture
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Viewer digital camera, digital camera Optimus. Q. A. Q. Okay. Yep. All right. Now, after you obtained this This item?
information from the eBay web site, what did you do with it? A. So, what we do once we obtain this information
from eBay is Target has some great partnerships within eBay. At that time, once we flag these eBay accounts,
where we have the ability to get that information and see exactly what business or what person is running those accounts. Q. And then did you pass this information onto the
Lawrence Police Department? A. Yes, at that time, I personally took the
information we had, the theft intelligence, the information from the actual shoplifter, and what we had found on eBay, directing us to a business within Lawrence. At that time, I approached the Lawrence
Police Department and asked for that partnership to explore this further. Q. And did you offer to assist them in any way
beyond just giving them the information you all ready had? A. Exactly. Target does a nice job by providing our
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full resources and providing product, whatever they need to provide to investigate these types of crimes. Q. All right. And did you provide product to the
Lawrence Police Department for their investigation of the Yellow House Store? A. Q. Store? A. No, it was not on our radar until this case Yes, we did. Did you specifically target the Yellow House
initiated. Q. have. A. One second. Thank you. I did misspeak on one thing. I think I said one I think that's all the questions I
of the thefts was on the 30th.
It's the 28th, 29th, 2nd
and the 3rd, so, I realized that earlier. Q. Looking at the photograph on October the 2nd
refreshed your recollection? A. Q. Yes, I apologize for that. But there were four thefts between September 28th
and then 10/3? A. Q. Exactly. And the one on 10/3 was the occasion where Miss
Beach was actually apprehended at the store with the vacuum cleaner? A. That is correct.
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Q.
Thank you. THE COURT: MR. DUMA: THE COURT: Any re-- any cross-examination? No. Thank you, Your Honor.
If there's nothing else of this
witness, was the witness subpoenaed to testify? MS. PARKER: THE COURT: He was. Are you asking that he be
released from his subpoena? MS. PARKER: THE COURT: MR. DUMA: THE COURT: Yes, Your Honor. Any objection? No objection. At this time, sir, you are You are excused. You're
released from your subpoena. free to go.
The only thing that I'll ask is that you
not discuss your testimony with anyone else as you leave. THE WITNESS: THE COURT: THE WITNESS: MS. PARKER: All right. Thank you. Thanks. Your Honor, as its next
witness, the government will call Nicolle Beach. THE COURT: Come right up here please.
Before you take your seat, I need for you to raise your right hand. (Witness sworn.)
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 your name. down there.
THE WITNESS: THE COURT:
Yes. Please be careful as you sit
If you would, as you give your answers to
the questions you're asked, please speak up loud and clear and speak into the microphone. THE WITNESS: THE COURT: Okay. Have you start with you stating
THE WITNESS: THE COURT:
Nicolle Beach. You might need to get a little
bit closer to the microphone, or that microphone also -stand moves forward. There you go. Nicolle Beach. Please spell your full name. N I C O L L E. Thank you. B E A C H.
THE WITNESS: THE COURT: THE WITNESS: THE COURT: MS. PARKER:
Miss Parker.
NICOLLE BEACH, Called as a witness on behalf of the government, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MS. PARKER: Q. Umm, Miss Beach, you are here because you've been
subpoenaed, correct? A. Yes.
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Q.
All right.
And are you familiar with a business
in Lawrence, Kansas called Yellow House Store? A. Q. store? A. Q. A. Q. A. Q. A. Q. I took stuff in there that they bought. They bought? That Carrie Neighbors had bought from me. Do you know Carrie Neighbors when you see her? Yes. Do you see her in the courtroom today? Yes. Would you point her out please and describe for Yes. All right. And how are you familiar with that
the record what she's wearing? A. She's sitting right over there with a brown pin
striped jacket on. Q. A. Q. All right. Yes. Okay. When did you first become aware of the The lady smiling at you?
Yellow House? A. Q. House? A. I had a friend that had taken an item in there, September of '05. All right. And how did you find out about Yellow
and he told me that she buys things.
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MR. DUMA:
Judge, I'm going to object to That's hearsay.
anything that a friend told her. THE COURT: BY MS. PARKER: Q. House? A. Q. Yes. All right. All right. Sustained.
But a friend told you about Yellow
And did you begin to take items to
sell to Yellow House? A. Q. House? A. Q. It was easy money at the time. All right. And where were you getting the items Yes, I did. All right. And why did you take items to Yellow
you were selling? A. From a friend of mine, Greg, he would get them
and give them to me. Q. A. Q. A. All right. What's Greg's last name?
I don't remember. Okay. How were you making a living at that time?
I wasn't working, so whenever I would take an
item in there from him, I would get $100 from each sale. Q. A. Q. He was paying you to take items in there? Yes. And when we say in there, it's into Yellow House,
11:15:50 11:15:50 11:15:51 11:15:53 11:15:54 11:15:55 11:15:59 11:16:04 11:16:07 11:16:07 11:16:07 11:16:12 11:16:17 11:16:17 11:16:24 11:16:27 11:16:27 11:16:30 11:16:31 11:16:36 11:16:40 11:16:40 11:16:46 11:16:49 11:16:49
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correct? A. Q. Yes, ma'am. All right. Now, at that time, you all ready had
a criminal record, did you not? A. Q. Yes. All right. Isn't true that in February -- on
February 28th of 2001, you were convicted of the misdemeanor of giving a worthless check in Franklin County, Kansas? A. Q. Yes. And that on July the 10th of 2000, you were
convicted of felony theft in Franklin County, Kansas? A. Q. Yes. And on the same date, July the 10th of 2000, you
were also convicted of possessing a forgery device? A. Q. A. Q. Yes. All right. Yes, ma'am. And on December the 16th of 2004, you were That again was in Franklin County?
convicted of the misdemeanor of theft in Ottawa, Kansas? A. Q. Yes. And on October 25th of 2005, you were convicted
again of misdemeanor theft in Ottawa? A. Q. Yes. And October the 25th of 2005 is about the time
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you had your first contact with Yellow House? A. Q. A. Q. When was it? October 25th of 2005? Yes. All right. And then on January 13th of 2006, you
were convicted in Douglas County of the misdemeanor offense of theft? A. Q. Yes. All right. And then finally, on January 13th of
2006, were you convicted of the felony offense of removing a theft detection device? A. Q. A. Q. Yes, ma'am. And that was in Douglas County? Yes. And did that felony conviction arise from your
theft of items at Target? A. Q. Yes. So, by the time you made your first contact with
Carrie Neighbors at the Yellow House, you all ready had an extensive criminal record? A. Q. A. Q. A. Yes. Were you sent to jail on any of those? Yes, I was. All right. How -- do you remember which ones?
The misdemeanor or the felony forgery charge, I
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had served two weeks for that. Q. A. Q. A. Q. A. Two weeks? Yes. 14 days? Yes. Any other? Umm, I had -- was on probation for that. I had a
probation violation where I had to serve weekends, and then it was reinstated. Q. And in September of 2005, what was your means of You said you got $100 every time you sold Did you have any other
support?
something at the Yellow House. means of support? A. Q. No, ma'am. All right.
When your friend gave you items to
take to Yellow House, describe the types of items he gave you. A. Q. A. Q. They were mostly brand new in the box computers. Computers? Yes. I'm going to hand you what's all ready been Now, you
admitted as Government's Exhibit Number 114.
were shown that before you came in today, right? A. Q. Yes. All right. And I'm going -- I want you to go to
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the very first page of that document which is a little summary. A. Q. A. Q. You see that?
Yes, ma'am. And that's up on the screen? Yes. All right. Now, these are items that you sold to
Yellow House, correct, on the dates that are depicted over there in the date column? A. Q. Yes. All right. And this shows that the first time
you got a check from the Yellow House was on September the 6th, and it was made out to you, and it was for an e-machine. A. Q. Yes. All right. And that e-machine, you were paid Do you see that?
$300 for, correct? A. Q. A. Q. Yes. What's an e-machine? A computer. All right. And was that a new in the box
machine? A. I believe that one was my personal computer I had
in my home. Q. A. All right. No. So, was it new?
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Q.
All right.
The next one is on September the 10th
and it shows that you were paid $250 for a computer. A. Q. A. Q. A. Q. A. Q. Yes. Where did you get that computer? From Greg. From Greg? Yes. And that was a new in the box computer? Yes. Where did you -- where did Greg get the
computers? A. I don't know. MR. DUMA: Judge, I'm going to object to
that as lack of foundation. THE COURT: BY MS. PARKER: Q. A. box. Q. A. Q. A. Q. All right. Describe the computer. Sustained.
I just remember it being brand new still in the I don't remember the type of computer it was. All right. Yes. All right. And how did you split the money? And you were paid $250 for it?
I got $100 and he got the rest of it. And let me show you the check for that. Do you
see that check on 9/10 of '05?
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
A. Q. A. Q.
Yes. Check Number 13628, correct? Yes. All right. Now, there's a -- some information Do you know what
that was blacked out on that. information that was there? A. Q.
My driver's license number. All right. And did Carrie Neighbors put that
driver's license number on your -- that check? A. Q. A. Q. A. Q. No, ma'am. How did that get there? The bank. The bank did that? Yes. All right. And did Carrie Neighbors ever ask you
for any identification? A. Q. No. All right. We'll go back to that summary page.
And here, the next one is September the 12th, a DVD/VCR player? A. Q. A. Q. A. Yes. All right. And where did you get that?
That was mine. All right. Yes. Was that used?
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Q. A. Q.
All right. Yes.
And you got $125 for it?
And the next one on September 17th was a Would you tell us where you got that?
computer. A. Q. A. Q.
From Greg also. All right. And what condition was that in?
It was a brand new still in the box. Did you ever ask Greg, Greg, where are you
getting these brand new expensive computers? A. Q. A. No. Why not? Because it was easier for me just to take them,
because if I had asked any questions, there's a chance that he wouldn't have had me take 'em and I wouldn't make any money. Q. So, you were afraid if you'd press him too hard,
he wouldn't sell -- he wouldn't let you get the money? A. Q. A. Q. Yeah. Yes.
Is that because you assumed they were stolen? Yes. The next one is again on 9/17, and that shows Is that -- are there
that you took in a DVD, C O M P. two items there? A. Q.
It was probably a DVD plus a computer. All right. And what condition were those items
11:22:25 11:22:25 11:22:27 11:22:28 11:22:28 11:22:29 11:22:30 11:22:39 11:22:40 11:22:40 11:22:42 11:22:43 11:22:48 11:22:50 11:22:53 11:22:53 11:22:55 11:22:55 11:22:58 11:22:58 11:23:02 11:23:04 11:23:05 11:23:07 11:23:07
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in? A. Q. A. Q. A. Q. Brand new still in the box. All right. Yes. Where did you get 'em? Greg. The next one on September the 19th says a Compaq Where did you get that? Both of 'em?
computer. A. Q. A. Q.
From Greg also. All right. What condition was that in?
It was still brand new in the box. All right. And you sold each and every one of
these items which you've just talked about, but especially all of these computers to Carrie Neighbors? A. Q. A. Q. A. Q. Yes. She the only one you ever dealt with? Yes. All right. No. Did she ever ask you -- I think I've asked you Did she ever ask you any questions?
this, but did she ever ask you for identification? A. Q. A. Q. No. Did she ever ask you to prove you owned them? No. Then we have two items of miscellaneous -- two
11:23:12 11:23:15 11:23:17 11:23:21 11:23:21 11:23:23 11:23:24 11:23:25 11:23:28 11:23:28 11:23:34 11:23:36 11:23:38 11:23:43 11:23:44 11:23:46 11:23:46 11:23:48 11:23:50 11:23:51 11:23:52 11:23:54 11:23:54 11:23:59 11:24:05
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miscellaneous items. A. Q. comp. A. Q. A. Q. A. Q.
Do you know what those were?
I honestly don't remember what those are. All right. What's that? That's another computer. What condition was that in? Brand new still in the box. All right. Yes. All right. Then we have another on 9/27, And Carrie Neighbors bought that? Then we have on September 26th an H P
miscellaneous? A. Q. A. Q. about? A. Q. A Dyson vacuum. A Dyson vacuum cleaner. And where did you get I don't remember what that one is. 9/28, it says sweeper. Yes. And when we say sweeper, what are we talking Did you take a sweeper?
that Dyson vacuum cleaner? A. Q. A. Q. The Target in Lawrence. The Target store in Lawrence? Yes. All right. Let me show you what's been received Who's that in that
as Government's Exhibit 12.3. picture?
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A. Q. A. Q.
Me. Both of these pictures are pictures of you? Yes, ma'am. All right. And in the second picture, there is Is that someone who was with you or
someone with you.
did you just happen to be walking out together? A. I think we just walked out together. I don't
recall who that is. Q. All right. Can you tell the court and jury
please how you got an item the size of a Dyson vacuum cleaner out of Target without paying for it? A. Umm, the only thing I can remember is I would
walk in, walk back to where the vacuums are, stick one in the cart, walk around the store, walk back up to the front, make sure there was nobody looking, and just walk out the front door. Q. A. Q. Nobody ever stopped you? No. All right. If -- what did you do with the vacuum
cleaner that you took that day? A. Umm, I take 'em over to Carrie Neighbors at
Yellow House. Q. All right. When you walked in with that Dyson
vacuum cleaner, tell us about your conversation as best you can remember.
11:25:12 11:25:15 11:25:17 11:25:18 11:25:21 11:25:21 11:25:25 11:25:31 11:25:35 11:25:36 11:25:37 11:25:40 11:25:41 11:25:48 11:25:53 11:25:58 11:26:00 11:26:00 11:26:01 11:26:07 11:26:08 11:26:09 11:26:12 11:26:12 11:26:13
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A.
Umm, I walked in, told her that I had the vacuum. I would tell
She asked me how much I wanted for it. her, and she would write a check for it. Q.
What did you tell her you wanted for that vacuum
cleaner? A. Q. again. Umm, I believe that one was $300. All right. Well, here. Put our summary back up
And we're talking here now about this first
entry that says sweeper? A. Q. A. Q. Yes. And that does show a price of $300, right? Yes, ma'am. Let me show you -- I think I skipped over this -Do you recognize any of
Government's Exhibit 11.1.
those checks, starting with the one on top? A. Q. The top one is mine. All right. MS. PARKER: Your Honor, at this time
government would offer Ex-- Government's Exhibit 11.1. THE COURT: MR. DUMA: THE COURT: Exhibit 11.1. BY MS. PARKER: Q. All right. And Miss Beach, would you take a look Any objection? No objections. At this time the court admits
11:26:15 11:26:21 11:26:23 11:26:23 11:26:26 11:26:28 11:26:28 11:26:31 11:26:31 11:26:35 11:26:37 11:26:42 11:26:45 11:26:47 11:26:50 11:26:52 11:26:55 11:26:57 11:26:58 11:27:00 11:27:01 11:27:02 11:27:04 11:27:05 11:27:05
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at this?
This is a check in the amount of $415 that's
dated 9/19 of '05, correct? A. Q. Yes, ma'am. All right. And that check shows that it's for
the Compaq computer? A. Q. A. Q. A. Q. Yes. All right. Yes. Was that a particularly expensive model? Umm, as far as I can remember, yes, it was. All right. Do you know how the price of $475 was And is that just one computer?
arrived at?
Did you say, I have to have that money, or
how -- how was that price determined? A. Umm, I would bring the item in, she would get on
line on the computer that she had on the counter, look up how much it was worth, I guess, I never saw the computer, and then she would just write down the price for me. Q. She would tell you after she checked the computer
what she was willing to pay you? A. Q. Yes. All right. And when we say she, are we talking
about Carrie Neighbors? A. Q. Yes, ma'am. When you went in to Yellow House, was there ever
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anyone else in there? A. Q. Not that I remember, no. All right. Do you ever remember dealing with
anybody else but Carrie Neighbors? A. Q. No, ma'am. All right. So, after she checked the computer,
she then offered you $475 for the brand new in the box computer? A. Q. A. Q. Yes. And you took it, and she wrote this check? Yes. Then you went back in and you bought -- she
bought a vacuum from you? A. Q. Yes. All right. And that was on the 28th of
September? A. Q. Yes, ma'am. All right. Show you Government's Exhibit 12.1.
Do you recognize that? A. Q. A. Q. A. Q. Yes. What is that? That's a check for $300. All right. Yes, ma'am. All right. Dated 9/28 of '05?
11:27:55 11:27:56 11:27:58 11:27:59 11:28:00 11:28:02 11:28:03 11:28:03 11:28:06 11:28:12 11:28:16 11:28:16 11:28:19 11:28:20 11:28:22 11:28:24 11:28:25 11:28:25 11:28:28 11:28:31 11:28:34 11:28:38 11:28:38 11:28:39 11:28:44
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MS. PARKER: Exhibit 12.1. THE COURT: MR. DUMA: THE COURT: Exhibit 12.1. BY MS. PARKER: Q. All right.
Government offers Government's
Any objection? No objections. At this time the court admits
And I'm going to put 12.1 up there on
the overhead, and it shows that this check dated 9/28 of '05 is for $300 and it's for a sweeper? A. Q. Yes. All right. And do you recognize the signature on
that check? A. Q. That's Carrie's signature. And you saw her sign these checks when she'd give
them to you? A. Q. Yes. Did you have any discussion with Carrie Neighbors
about where you got the vacuum cleaner? A. Q. A. Q. A. Q. No, she never asked. Now, did you go back to Target after 9/28? Yes, I did. When? Umm, probably the next day. All right. And what did you do the next day when
11:28:58 11:29:01 11:29:01 11:29:03 11:29:04 11:29:06 11:29:09 11:29:09 11:29:10 11:29:11 11:29:12 11:29:16 11:29:19 11:29:21 11:29:21 11:29:24 11:29:25 11:29:28 11:29:31 11:29:31 11:29:33 11:29:36 11:29:38 11:29:40 11:29:41
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you were -- that would have been the 29th -A. Q. back? A. I went back to Target. Since the first time was Yes. -- of September? What did you do when you went
so easy, I went back in and I got another sweeper and a mixer. Q. A. Q. A. Q. And a mixer? Yes. What kind of a mixer? A KitchenAid, I do believe. All right. And what did you do with this -- what
kind of a vacuum was it, another Dyson? A. Q. Another Dyson. All right. Was it the same model or about the
same model, if you remember it? A. Q. A. Q. A. I believe that one was about the same model. All right. Yes. How did you get both of those items out? The same way I did the first one, just walk And you got a KitchenAid mixer?
around the store, go up to the front, make sure there wasn't a whole bunch of people looking and just walk right out the front door. Q. And what did you do with the mixer and the vacuum
11:29:45 11:29:46 11:29:48 11:29:54 11:30:04 11:30:06 11:30:07 11:30:10 11:30:11 11:30:14 11:30:14 11:30:16 11:30:19 11:30:21 11:30:25 11:30:27 11:30:28 11:30:29 11:30:31 11:30:35 11:30:36 11:30:37 11:30:39 11:30:40 11:30:41
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cleaner that day? A. Q. I took them both to Carrie Neighbors. All right. And going back to Government's
Exhibit 114, that shows that on 9/29, she bought a sweeper and a mixer from you? A. Q. A. Q. you? A. The same way she did the previous one, she would Yes. All right. Yes. How did she arrive at the prices that she paid And she paid $400?
get on the computer. Q. All right. Going to show you what's been marked Can you identify that
Government's Exhibit 13.1. please? A. Q. A. Q. A. Yes, ma'am. What is it? It's a check to me. All right. Yes. MS. PARKER: offers Exhibit 13.1. THE COURT: MR. DUMA: THE COURT:
And that was a check dated 9/29?
Your Honor, the government
Any objection? No objections. At this time the court admits
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Exhibit Number 13.1. BY MS. PARKER: Q. Going to put that up there. Do you see Check
Number 12952 in the amount of $400? A. Q. A. Q. Yes, ma'am. And it says sweeper, mixer on it? Yes. All right. That's the check she gave you for the
two items you had just stolen that day from Target? A. Q. Yes. And from the time you walked out of the Target
store until the time you walked out of the Yellow House with the check in your hand, how much time passed? A. Q. A. Q. Maybe 30 minutes. Did you go back to Target after the 29th? Yes. All right. Let me show you Government's
Exhibit 229. A. Q. A. Q. A. Q. day?
Do you see that top picture there?
Yes, ma'am. And who is that? That would be me. All right. And what was the date on this one?
Umm, October 2nd, 2005. All right. And did you go back to Target that
11:31:43 11:31:43 11:31:45 11:31:46 11:31:47 11:31:49 11:31:50 11:31:52 11:31:52 11:31:57 11:32:02 11:32:07 11:32:07 11:32:09 11:32:10 11:32:11 11:32:13 11:32:15 11:32:16 11:32:20 11:32:22 11:32:22 11:32:25 11:32:26 11:32:26
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A. Q. A. Q. A. Q. A. Q. A.
Yes. Did you take anything? Yes. What did you take? Another Dyson vacuum. What did you with that vacuum? Left it in the trunk of the car. Why? Umm, I honestly don't remember why, I just left
it in the trunk. Q. A. Q. A. Q. A. Q. A. Q. Did you go back to Target on 10/3? Yes. Did you steal another Dyson? Tried to. What happened? I got stopped at the door on my way out. What did you have in your cart at that time? A Dyson vacuum. Did the security people at Target confiscate
those two vacuum cleaners? A. Q. Yes. So, you didn't get a chance to take them to
Carrie Neighbors? A. Q. No. All right. Were you arrested at that time?
11:32:29 11:32:29 11:32:33 11:32:35 11:32:36 11:32:38 11:32:41 11:32:41 11:32:47 11:32:48 11:32:49 11:32:57 11:33:07 11:33:12 11:33:12 11:33:14 11:33:16 11:33:17 11:33:19 11:33:20 11:33:22 11:33:25 11:33:28 11:33:31 11:33:34
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
A. Q.
Yes. And then eventually you pled guilty, you've all
ready testified, to removing -A. Q. Yes. -- a label. All right. So, you were prosecuted
for stealing the Dyson vacuum cleaners? A. Q. Yes, ma'am. Now, this was on October the 3rd of 2005 that you
were arrested, correct? A. Q. Yes. All right. Back to Government's Exhibit 114,
this indicates that on 10/14, less than two weeks later, you are back at Yellow House selling something? A. Q. A. welder. Q. All right. And who did you make contact with on Yes. What were you selling? It was my boyfriend at the time. It was his
the 14th of October? A. Q. Carrie Neighbors. All right. And did you and Carrie Neighbors have
any discussion about the Dyson vacuum cleaners? A. She had mentioned that the police were there,
they took the two Dyson vacuums that I had taken to her and told her that they were stolen.
11:33:37 11:33:40 11:33:42 11:33:44 11:33:44 11:33:46 11:33:49 11:33:51 11:33:52 11:33:53 11:33:53 11:33:55 11:33:57 11:33:59 11:34:02 11:34:03 11:34:06 11:34:07 11:34:07 11:34:09 11:34:11 11:34:12 11:34:15 11:34:17 11:34:17
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Q.
All right.
Did she tell you how it was they
happened to be able to confiscate them? A. them. Q. All right. Did she say anything else, they were That they were sitting out where they could see
sitting out so I had to give them back or -MR. DUMA: Judge, I'm going to object to
that as a leading question. THE COURT: BY MS. PARKER: Q. What did she say about those two -- the police Sustained.
getting the two Dyson vacuums? A. She said the police came in and told her that the
two vacuums were stolen, and since they were sitting out, she had to give them back to them. Q. All right. Did she talk about the mixer you had
sold to her? A. Q. A. Yes. What did she say about that? She said that she had all ready sold it, so they
didn't get that back. Q. All right. Did she tell you that she had
identified you to the police? A. Q. No. Did she refuse to deal with you after --
11:34:20 11:34:21 11:34:23 11:34:23 11:34:24 11:34:27 11:34:27 11:34:30 11:34:32 11:34:33 11:34:36 11:34:36 11:34:39 11:34:39 11:34:44 11:34:45 11:35:03 11:35:05 11:35:07 11:35:07 11:35:12 11:35:17 11:35:17 11:35:20 11:35:23
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A. Q.
No, ma'am. -- that conversation? She went ahead and bought
a welder? A. Q. A. Q. Yes. The welder was used, correct? Yes. All right. Did you ever go back to the Yellow
House after October the 14th of 2005? A. Q. today? A. I take care of my mother. I'm a certified No. All right. And how are you making a living
nurse's aid. Q. A. Q. All right. No. I have been reminded. Greg was giving you those And are you still shoplifting?
Compaq -- who -- the man who was giving you the Compaq computers was named Greg? A. Q. Yes. All right. During this period of time, what else
was he doing? A. Q. A. years. Yes.
Were you -- was he your drug supplier?
Tell the jury about your drug habit. I had been hooked on meth for probably about six
11:35:23 11:35:28 11:35:35 11:35:39 11:35:39 11:35:39 11:35:41 11:35:43 11:35:45 11:35:46 11:35:49 11:35:49 11:35:50 11:35:55 11:35:59 11:36:05 11:36:10 11:36:11 11:36:11 11:36:15 11:36:16 11:36:19 11:36:20 11:36:21 11:36:23
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Q.
All right.
And so, in order to get money for
meth, you would take the Compaq or the -- all the new computers that Greg gave you and sell them at Yellow House? A. Q. Yes, ma'am. And then what did you do with the $100 you got
for the -- from those sales? A. I would buy a little bit of food for my daughter
and the rest would go on the drugs. Q. A. Q. A. Q. All right. No. How did you get off of it? My mother. Let me show you what has been marked as And are you still using meth today?
Government's Exhibit 223.1 and ask you to look at the check on the top. A. Q. A. Yes, ma'am. What is that? It's a check to me for the welder. MS. PARKER: Your Honor, at this time the Do you recognize that?
government offers Government's Exhibit 223. THE COURT: MR. DUMA: THE COURT: Any objection? No objections. At this time the court admits
223, which you've identified as .1.
11:36:28 11:36:30 11:36:32 11:36:32 11:36:35 11:36:36 11:36:37 11:36:39 11:36:40 11:36:43 11:36:46 11:36:51 11:36:54 11:36:57 11:36:59 11:36:59 11:36:59 11:37:03 11:37:08 11:37:12 11:37:14 11:37:15 11:37:15 11:37:21 11:37:27
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. DUMA: Q.
MS. PARKER: THE COURT: BY MS. PARKER: Q.
Yes, it should be 223.1. 223.1.
And this is the check that Carrie Neighbors gave
you for what? A. Q. A. Q. The welder. All right. Yes, ma'am. All right. Did -- when you went back in again And that's the top check here?
and she told you that the police had been there and had confiscated the two Dyson vacuum cleaners, what did she tell you about never coming back to her store again? A. Q. A. Q. A. She never said anything to that matter. But you never went back? No. Why not? I had had enough. I had gotten arrested for It's just not for me.
theft, and I was done. Q. Thank you.
I have no further questions. Cross-examination? Yes, Your Honor.
THE COURT: MR. DUMA:
CROSS EXAMINATION
Miss Beach, when the police came to question you
about selling stolen property to Carrie Neighbors, they
11:37:32 11:37:35 11:37:38 11:37:40 11:37:41 11:37:42 11:37:43 11:37:46 11:37:48 11:37:50 11:37:53 11:37:55 11:37:58 11:38:01 11:38:03 11:38:06 11:38:08 11:38:10 11:38:11 11:38:11 11:38:13 11:38:15 11:38:17 11:38:17 11:38:22
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made it clear to you that if you talked to them, they would not charge you with the crimes of selling the stolen property to Carrie Neighbors, is that true? A. Q. A. Q. No. That's not true? No. They didn't tell you that you were not being
questioned as a suspect and they just wanted you as a witness? A. When I was in jail, they come and questioned me
about it and told me that I would be a witness in the case, but never that they would not prosecute me for it. Q. Okay. They didn't -- they didn't say to you that
they weren't interested in you as a suspect? A. Q. No. Okay. Oh, yeah. So, they told you that they were
interested in you as a witness but not as a suspect in the case, correct? A. Q. Right. Which would indicate to you that they didn't want
to charge you with the stuff that you were going to talk to them about. A. Q. Yes. Okay. Because you didn't -- at the time, you Would you agree with that?
were a meth addict and you were a professional thief,
11:38:25 11:38:27 11:38:28 11:38:29 11:38:31 11:38:32 11:38:34 11:38:36 11:38:37 11:38:37 11:38:46 11:38:52 11:38:54 11:38:55 11:38:55 11:38:57 11:38:57 11:39:00 11:39:01 11:39:01 11:39:04 11:39:06 11:39:06 11:39:08 11:39:08
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you weren't cooperating with them because you were a good citizen, right? A. Q. No. You were cooperating with them so you could stay Would you agree with that?
out of trouble. A. Q.
I was all ready in trouble, so -Well, you were trying to stay out of more Would you agree with that?
trouble. A. Q.
Yes. Thank you. Now, the -- do you ever remember
telling Carrie Neighbors that you bought some of this stuff that you sold her on a credit card that your mother had given you? A. Q. A. Q. No. Is that possible that happened? No. Okay. Did your mother ever give you a credit
card to purchase stuff? A. Q. No. Okay. Did you ever purchase stuff on a credit
card and then sell it to Yellow House? A. Q. A. Q. No. It was just always stolen stuff? Yes. Okay. Do you remember if the second computer you
11:39:23 11:39:27 11:39:30 11:39:31 11:39:32 11:39:34 11:39:35 11:39:37 11:39:38 11:39:41 11:39:42 11:39:43 11:39:45 11:39:47 11:39:49 11:39:50 11:39:52 11:39:53 11:39:55 11:39:59 11:40:02 11:40:03 11:40:03 11:40:06 11:40:09
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
sold to Carrie Neighbors from Wal-Mart still had the receipt on it? A. Q. A. From where? From Wal-Mart. I don't recall there being a receipt from
Wal-Mart on it. Q. A. Q. Could there have been one on there? I honestly don't remember. Okay. My question is, could there have been a
receipt on there? MS. PARKER: speculation. MR. DUMA: If she doesn't remember, then the Objection, that calls for
answer to the question is yes, there could have been a receipt on there. MS. PARKER: If she doesn't remember, there
is no need for a follow-up question. THE COURT: Question's been asked all ready.
I'll allow this last question to be re-asked if you wanted to re-ask it on cross-examination. MR. DUMA: BY MR. DUMA: Q. Do you remember or not -- could there have been a Thank you.
receipt on the -- well, the computer that you sold to Miss Neighbors, the one that was new in the box?
11:40:12 11:40:15 11:40:15 11:40:18 11:40:20 11:40:21 11:40:27 11:40:30 11:40:31 11:40:31 11:40:33 11:40:35 11:40:36 11:40:38 11:40:40 11:40:42 11:40:45 11:40:47 11:40:49 11:40:52 11:40:52 11:40:52 11:40:58 11:41:01 11:41:04
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A. not. Q. A.
Like I said, I don't remember if there was or
Okay.
So, the answer is there could have been? I don't remember if
No, that's not the answer.
there was a receipt on it. Q. Okay. Now, before you came in to testify today,
did you meet with the government and the agents and kind of go over your testimony? A. Q. Yes. And they went over with you kind of what they
were going to ask you and what you were supposed to respond to? A. They went over with me what they were going to
ask me, but they never told me what to say. Q. I wasn't -- I wasn't saying that, but they --
you -- you rehearsed with them what you were going to say when they asked you the questions, correct? A. Q. In a way, I guess. Yeah. In a way, that's exactly what happened,
correct? A. Q. Yes. Now, let's go to your boyfriend's welder. When
you came in that day, Miss Neighbors said, hey, the cops have been in here, I'm not buying that welder from you, didn't she?
11:41:05 11:41:05 11:41:07 11:41:09 11:41:12 11:41:12 11:41:13 11:41:16 11:41:18 11:41:20 11:41:23 11:41:25 11:41:25 11:41:27 11:41:28 11:41:31 11:41:33 11:41:33 11:41:36 11:41:38 11:41:39 11:41:42 11:41:44 11:41:47 11:41:48
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A. Q.
No. And didn't she -- and you -- and you started
begging her and saying, hey, this is not mine, it's my boyfriend's, 'cause your boyfriend was with you at that time? A. Q. I never begged her to buy it. Well, you told her it was your boyfriend's, it's
not mine, so he didn't -- he hasn't been accused of stealing anything, isn't that true? A. No, I told her he didn't have an ID, so she would
have to sell it to -- I would have to sell it to her in my name. Q. A. Q. Did you tell her it was his welder? Yes, 'cause it was. Okay. And that he hadn't been charged or -- or
accused of anything, had he? A. Q. No. And that's the reason that Miss Welders -- or
Miss Neighbors bought it because it was his and not yours. A. Would you agree with that? No, because if she didn't want to buy it from me,
then she would have told me no. Q. Well, but you told her it wasn't yours. You told
her it was your boyfriend's? A. But he was standing right there with me.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Q. A. Q.
Correct? She made the check out to me not him. Because you showed her an identification,
correct? A. Q. No, she never asked for my identification. Well, you just said she wouldn't write the check
out to him because he didn't have an ID? A. Q. True. So, she wrote the check out to you because you
did show her an ID, isn't that true? A. No, I'd never showed her an ID. I'd been in
there multiple times. Q. All right. But then you showed the bank the ID
when you cashed those checks, correct? A. Q. Yes. All right. And the welder was an entirely It was a -- it was
different sale than everything else.
a used -- obviously, used, secondhand, junkie welder as opposed to the other stuff that you'd brought into the store. A. Q. Would you agree with that? Yes. Thank you. No further questions. Any redirect? Just very brief.
THE COURT: MS. PARKER:
RE-DIRECT EXAMINATION
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BY MS. PARKER: Q. You were asked if your testimony was rehearsed Remember that?
before you came in. A. Q. A. Q. Yes.
You met with the agents, correct? Yes. You reviewed the reports of interview about your
prior reports to the police, correct? A. Q. A. Q. A. Q. Yes. Did anyone tell you what to say? No, ma'am. Did anyone tell you how to answer questions? No. Have you been told that the only way you can get
into trouble is not to tell the truth? A. Q. A. Q. truth? A. Q. Yes. All right. So, is your testimony here today your No. All right. Yes. You could get in trouble if you don't tell the But do you understand that?
recollections or something the agents told you to say? A. Q. It is mine. You were asked about a Wal-Mart receipt. Do you
11:43:28 11:43:30 11:43:31 11:43:32 11:43:39 11:43:44 11:43:46 11:43:46 11:43:52 11:43:53 11:43:56 11:43:56 11:43:59 11:44:00 11:44:01 11:44:03 11:44:06 11:44:06 11:44:10 11:44:12 11:44:12 11:44:16 11:44:17 11:44:18 11:44:19
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ever remember selling anything to Carrie Neighbors that had a receipt on it? A. Q. No, I do not. All right. Umm, your boyfriend's welder. You
were asked if the check was made out to you because you showed Carrie Neighbors ID? A. Q. Yes. Would you tell us again why it was that you asked
Carrie to put the check in your name? A. I did. Q. All right. He didn't have an ID that the bank 'Cause he didn't have an ID to cash the check and
would honor to cash the check? A. Q. Right. All right. But again, you walked in with another
item with your boyfriend in tow this time? A. Q. Yes. And had a discussion about the police
confiscating the vacuums, correct? A. Q. Yes. And she still bought that welder and put your
name on the check? A. Q. Yes, she did. Thank you. Nothing further. Any re-cross?
THE COURT:
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 witness.
MR. DUMA: THE COURT:
No, Your Honor. If there's nothing else of the
witness, did you mention that she was subpoenaed to testify? MS. PARKER: THE COURT: She has been, Your Honor. Are you asking that she be
released from her subpoena? MS. PARKER: THE COURT: MR. DUMA: THE COURT: We are. Any objection from defendant? No objection. At this time you are released You're
from your subpoena, which means you are excused. free to go.
not discuss your testimony, what you said in here, with anyone else as you leave. THE WITNESS: THE COURT: THE WITNESS: MS. PARKER: Yes, sir. Thank you. Thank you. We have another fairly short
THE COURT: with that please.
We'll go ahead and get going
Before you take your seat, I need for
you to raise your right hand. (Witness sworn.) THE WITNESS: I do.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 C I A. Garcia.
THE COURT: as you get in there.
Please take your seat.
Careful
answers to the questions you're asked, please speak into the microphone, and you can move that microphone down a little bit if you want. your name. THE WITNESS: My name is Peter Anthony Have you start with you stating
THE COURT: THE WITNESS:
Please spell your name. My last name is spelled G A R
THE COURT: MS. PARKER:
Thank you. Thank you.
Miss Parker.
PETER ANTHONY GARCIA, Called as a witness on behalf of the government, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MS. PARKER: Q. A. Kansas. Q. A. Q. And how long with the city of Lawrence, Kansas? 29 years. All right. Were you employed in that capacity on Sir, where are you employed? I'm a police officer for the city of Lawrence,
October the 3rd of 2005?
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A. Q. A. Q.
Yes, I was. What were your duties at that time? I was assigned to patrol district. And did that patrol district include the area
near the Target store in Lawrence? A. Q. day? A. I responded to assist Officer Myron Grady who was Yes, it did. And were you dispatched to the Target store that
dispatched. Q. All right. And when you got there, did you make
contact with anyone? A. Q. A. Yes, I did. Who was that? I made contact with Target store security and a
suspect of a shoplifting. Q. All right. Do you remember the name of the
shoplifting suspect? A. Q. Her last name was Beach. It was Nicolle Beach.
And when you made contact with Miss Beach, were
you able to recover any items? A. Q. A. Q. Yes, I did. What did you recover? Recovered a Dyson vacuum cleaner. Where was it?
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
A. Q.
It was in the trunk of her vehicle. I'm going to show you Government's Exhibit 11.5
and 11.6 and ask you if you can identify those? A. Q. A. Yes, I can. What are they? They're photographs of the back of her Pontiac
Grand Am, and the other photo is the vacuum cleaner inside the trunk of the vehicle. MS. PARKER: Your Honor, at this time the
government offers Government's Exhibit 11.5 and Government's Exhibit 11.6. THE COURT: MR. DUMA: THE COURT: Exhibits 11.5 and 11.6. BY MS. PARKER: Q. I'm going to put on the overhead Government's Would you explain to the jury what this Any objection? No objections. At this time the court admits
Exhibit 11.5.
is a photograph of? A. This is a photograph of the back of Nicolle The trunk is open and the vacuum cleaner
Beach's car.
box is in the trunk there. Q. And then Government's Exhibit 11.6, is that just
a closer picture of the vacuum cleaner in the back of that car?
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A. Q.
Yes, it is. Now, after you took the pictures -- well, first
of all, what happened to this vacuum cleaner? A. Q. A. Q. A. It was returned to the Target store. And then did you go anyplace else? Yes, I did. Where did you go? Myself and Officer Grady later on went to the
Yellow House Store at 1904 Massachusetts in Lawrence. Q. A. Why did you go there? Miss Beach had indicated to us that she had sold
several other items to that business, so we went there to recover the items. Q. When you got to the Yellow House Store -- now
this is again on the same day, October the 3rd, correct? A. Q. Yes, it is. All right. And when you got there, did you make
contact with somebody? A. Q. A. Q. Yes, we did. Who was that? Carrie Neighbors, the owner of the business. All right. Was anyone else in the store at that
time that you recall? A. Q. Yes, there was. Do you remember who that was?
11:50:14 11:50:17 11:50:19 11:50:20 11:50:22 11:50:23 11:50:24 11:50:26 11:50:27 11:50:32 11:50:36 11:50:38 11:50:38 11:50:40 11:50:42 11:50:44 11:50:48 11:50:52 11:50:55 11:50:57 11:51:00 11:51:01 11:51:03 11:51:04 11:51:09
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A.
It was an employee of the business.
I don't
recall her name. the counter. Q. All right.
It was an older lady that was behind
And did you have a conversation with
Carrie Neighbors? A. Q. Yes, I did. All right. What was that conversation? What did
you say to her? A. We asked her if she recalled purchasing a couple
Dyson vacuum cleaners from an individual. Q. A. Q. A. Q. A. Did you give her the name of the individual? No. All right. What did she say?
She said yes, she did. All right. And then what happened? She asked if the items
We had a conversation.
were stolen, and then she was able -Q. Did she ask you if the items were stolen or did
she say she asked the seller? A. Q. A. Q. A. Q. No, she asked us if the items were stolen. All right. And -What did you tell her? Yes, we indicated that they were. All right. And then what happened?
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A.
We indicated what items we were looking for,
asked her if she could tell us who purchased those items, and she went to a computer that was behind the counter, looked up something -- we couldn't see the screen -- and she indicated that the items were still at the store, and she went to a -- like a back storage area and came out with vacuum cleaners. Q. items? A. Q. A. Q. A. Q. Yes, we did. What did you ask her about? Asked her about a food processor. KitchenAid? KitchenAid, yes. And how -- what caused you to ask about a It's a -All right. Did you ask her about any other
KitchenAid? A. Because Miss Beach had indicated during the
interview that she had also shoplifted that item from Target and had sold the item to Yellow House. Q. Okay. And were you able to recover the mixer,
the KitchenAid? A. No, Miss Neighbors indicated that that item had It was no longer in the store.
all ready been sold. Q. All right.
And you were out there on October
the 3rd?
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A. Q.
Yes, ma'am. Did you have any further discussion with
Mrs. Neighbors at that time? A. Q. No. Okay. I have no further questions. THE COURT: MR. DUMA: Cross-examination? Thank you. Thank you.
CROSS EXAMINATION BY MR. DUMA: Q. Officer Garcia, do you have your reports of this
incident with you by any chance? A. Q. Yes, I do. Okay. When you first talked to Nicolle Beach, at
some point in time, you asked her if the people at Yellow House knew if the property was stolen, and she said that she did not know. MS. PARKER: MR. DUMA: Would you agree with that? Hearsay.
Objection.
Judge, Miss Beach just testified,
and I asked her about these very specific questions. This is for impeachment purposes. MS. PARKER: I don't believe there were any
questions specifically about anything that she told to Mrs. Neighbors about it being stolen. MR. DUMA: Clearly, the implication of the
government was that Miss Beach was trying to imply that
11:53:38 11:53:40 11:53:43 11:53:44 11:53:45 11:53:46 11:53:53 11:53:53 11:53:56 11:54:00 11:54:05 11:54:07 11:54:11 11:54:14 11:54:17 11:54:20 11:54:23 11:54:26 11:54:31 11:54:32 11:54:34 11:54:36 11:54:42 11:54:47 11:54:49
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Miss Neighbors knew the property was stolen or the government wouldn't have put her on the stand. impeachment. MS. PARKER: THE COURT: May we approach? Come up. This is
(Proceedings held at the bench, outside the hearing of open court.) MS. PARKER: Your Honor, the government This clearly
objects to the form of this question.
calls for a hearsay answer, and it is not -- it's not impeaching anything because he never specifically confronted Miss Beach about, isn't it true you told them X. Now -- but of course, the government -- all of the
witnesses that we intend to call are witnesses who hopefully the implication will be when their testimony is complete that Miss Neighbors did know, but that is not the same, an implication as a direct question that is then subject to hearsay impeachment, and that was not asked this time. MR. DUMA: I totally disagree. Government
can't force me into cross-examination in such a narrow limiting event. I'm asking him if he -- if she asked if
the -- if she knew the property was stolen, if anybody at the Yellow House knew the property was stolen. answer is going to be no. The clear gist of her Her
11:54:52 11:54:55 11:54:57 11:54:59 11:55:03 11:55:06 11:55:07 11:55:08 11:55:10 11:55:13 11:55:15 11:55:18 11:55:22 11:55:26 11:55:28 11:55:31 11:55:36 11:55:41 11:55:44 11:55:51 11:55:54 11:55:56 11:56:01 11:56:04 11:56:08
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
testimony was that she was selling her brand new items, all these things that would indicate the property was stolen. This doesn't have to be as narrow as the
prosecutor is trying to make it to keep out the bad evidence of that. THE COURT: MS. PARKER: THE COURT: Anything else? No. Regards to the objection, the
objection was made when counsel asked -- when Mr. Duma asked, when you first talked to Nicolle Beach, at some point in time, you asked her if the people at Yellow House knew if the property was stolen, and she said that she did not know. Would you agree with that? That's
the time the objection was made.
In regards to the
objection, the objection's been made on the basis of hearsay. I've heard Mr. Duma indicate that he believes
this is actually being offered for impeachment purposes, and as such, he should be allowed to pursue this line of questioning. Upon review and also consideration of
Nicolle Beach's testimony who just previously testified, court would first of all find it is hearsay. on the witness stand now. She's not
Would this still be allowed If it's actually for
in under one of the exceptions?
impeachment purposes, something inconsistent with her prior testimony, court would be inclined to let it in.
11:56:13 11:56:16 11:56:19 11:56:27 11:56:33 11:56:35 11:56:37 11:56:39 11:56:43 11:56:46 11:56:48 11:56:56 11:56:57 11:57:01 11:57:06 11:57:08 11:57:09 11:57:14 11:57:17 11:57:21 11:57:27 11:57:28 11:57:29 11:57:32 11:57:32
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Upon the court's recollection and review of her testimony, she was not asked this specific question. in fact there is an implication or inference in this line of questioning, that component, that implication component, has not had a sufficient foundation laid at this time. Nothing precludes counsel from making If
argument regarding what he believes to be implications or inferences, but at this point, upon review, the hearsay objection is sustained. MR. DUMA: Thank you, Your Honor.
(Proceedings continued in open court.) BY MR. DUMA: Q. Now, when you talked to Carrie Neighbors, she
told you that -- the first thing she said was the property's not stolen, right? A. Q. No, that's not what she said. Okay. I'm reading from your report and it says
you asked her if she remembered purchasing the two Dyson vacuums, and she immediately without prompting said, she told me they are clean. in your report? A. Q. things? A. Yes. That's Officer Grady's report. And do you remember saying -- her saying those Are they stolen? You see that
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Q.
Okay.
So, the first thing Miss Neighbors told Are
you was that Nicolle Beach told me they were clean. they really stolen? A. Correct?
If I could look at my report, I don't know if
that's exactly what -- what she said -- or look at Officer Grady's. Q. Please feel free to look exactly at your report. Did she say something
Well, let me ask it this way. that was like that? A. Q. Yes. Okay.
Which would indicate that Nicolle Beach
had told her the property was not stolen, and then she asked you, it wasn't stolen. statement? A. Q. No. Okay. Well, when Miss Neighbors said, she told Would you agree with that
me they are clean, what did you -- what did you take that to mean? A. I think Miss Neighbors asked if they were stolen.
I don't think she indicated that Miss Beach told her they were not stolen. Q. A. Q. Okay. Okay. Do you remember Miss Neighbors saying something Would you look at your report please?
to you like she told me they were clean?
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
A. Q.
The report indicates, yes, that's what she said. Okay. All right. Which would mean that Miss
Neighbors said -- was telling you that Nicolle Beach told me the property was clean, correct? A. Q. That's what she indicated, yes. Okay. And then it also indicates in the report
that Miss Neighbors cooperated, and she actually went to her computer and gave you the name of Nicolle Beach, correct? A. Q. That's correct. Now, you hadn't told her who -- that -- that
Nicolle Beach was a suspect in the case, had you? A. Q. No, we had not. Okay. So, Miss Neighbors is the one that gave
you the name of Nicolle Beach? A. Q. That is correct. Now, do you remember where in the store the
vacuum cleaners were that Miss Neighbors went and recovered for you? A. They were in a little storage room -- I've never
been in it, so I'm assuming it's a storage room, and I'm assuming it's little by the size of the store. It's
behind the counter and to the right, against the south wall. Q. Okay. So, from where you were standing and
12:00:43 12:00:45 12:00:49 12:00:51 12:00:52 12:00:54 12:00:58 12:01:00 12:01:01 12:01:06 12:01:07 12:01:08 12:01:09 12:01:11 12:01:13 12:01:16 12:01:17 12:01:18 12:01:19 12:01:20 12:01:21 12:01:23 12:01:24 12:01:25 12:01:28
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talking to her, it's not something that you could have seen. That's something that Miss Neighbors had to go
back and get the property and bring it back out to you? A. Q. That's correct. All right. And then Miss Neighbors told you,
yes, I also had the mixer, but it all ready got sold? A. We asked her about the mixer, and she said it was
not there, it had been sold. Q. Okay. No further questions. THE COURT: MS. PARKER: THE COURT: Any redirect? No, Your Honor. In regards to this witness, was Thank you.
he subpoenaed to testify? MS. PARKER: he was. He was -- no, I don't believe Yes, we have served him
Was he subpoenaed?
with a subpoena. THE COURT: Are you asking that he be
released from his subpoena? MS. PARKER: THE COURT: Yes. Any objection from defendant
releasing the witness from his subpoena? MR. DUMA: THE COURT: No. No objection, Your Honor.
At this time, sir, you are You are excused. You're
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not discuss your testimony, what you've said in here, with anyone else as you leave. THE WITNESS: THE COURT: Yes, sir. Thank you. In light of our
time, we'll go ahead, jury members, and take our noon recess. Please remember your admonition. No one's to
talk to you about the case, and even among yourselves, you can't speak about the case. If we could have
everybody back about 1, 1:05, close to that, so we can get started again. Thank you.
(12:01 PM, jury left.) THE COURT: you. (Whereupon court took a recess. then continued as follows: and jury returned.) THE COURT: afternoon session. Getting ready to start our Proceedings Court stands in recess. Thank
1:20 PM, court
One of the things I didn't mention
is as you've been doing throughout the trial, throughout our proceedings, please be alert, please be attentive to everything that's being presented to you. The afternoon
session, hopefully everybody had a lunch, but not too heavy of a lunch. Getting ready for our afternoon, and
again, as you've been doing throughout the trial, please be alert, please be attentive. We'll continue with the
13:18:19 13:18:22 13:18:23 13:18:25 13:18:37 13:18:39 13:18:45 13:18:46 13:18:48 13:18:54 13:18:56 13:18:59 13:18:59 13:19:01 13:19:01 13:19:04 13:19:06 13:19:09 13:19:09 13:19:09 13:19:09 13:19:12 13:19:12 13:19:13 13:19:14
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
presentation of the evidence from the government. Miss Parker. Mr. Oakley. MR. OAKLEY: calls Timothy Coulter. THE COURT: Before you take your seat, I Your Honor, the United States
need for you to raise your right hand. THE WITNESS: THE COURT: as you get in there. I do. Please take your seat. Careful
answers to the questions you're asked, if you'll please speak up loud and clear and speak into the microphone. THE WITNESS: THE COURT: your name. THE WITNESS: THE COURT: THE WITNESS: THE COURT: Timothy J Coulter. Please spell your name. C O U L T E R. Mr. Oakley. Okay. Have you start with you stating
TIMOTHY J COULTER, Called as a witness on behalf of the government, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MR. OAKLEY: Q. A. Sir, where do you live? Topeka.
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Q. A. Q. A.
And what's your occupation? I own and operate the Vac Shop. And what's the Vac Shop do? I sell new, used vacuums, I repair vacuums, I
install central vacuum systems in homes. Q. So, you live in Topeka. Is your business located
in Topeka as well? A. Q. A. Q. A. Q. A. It is. It is.
And how long have you owned the Vac Shop? Oh, since about June of '95. How many employees do you have at the Vac Shop? None. I am the only one.
Does anyone else help you out occasionally? Every now and then, my dad will come in and watch
the shop if I can't be there. Q. A. Q. But otherwise, it's just you? Right. I'd like to talk to you about the end of Around that time-frame, did you
September of 2005.
learn that some vacuum cleaners had been stolen from your shop? A. Q. I did. And would you explain to the jury how you came to
learn that some of your vacuums had been stolen? A. Friday afternoon, I was trying to get ready to
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leave for the weekend, taking trash out, that sort of thing, and I had two new vacuums in boxes stacked beside the door, I had two that were assembled standing beside the boxes, and in my haste in and out, didn't realize when I came back from the taking the trash out that they were all gone. The next day was Saturday. My dad
watched the shop for me.
I had something I had needed I came
to do that day, so he watched the shop for me.
back in on Monday, and then I realized there was quite an open space there by the door. So, I called my dad
and asked him, I said, hey, you had a pretty good Saturday, and he said, I didn't sell anything, and I said, well, there's four vacuums missing, and -Q. What -- I'm sorry, sir, once you noticed that the
vacuums were missing, what did you do? A. Well, I'm kind of a pawn shopper, so I called all
-- every pawn shop in town since I know most of the owners, and gave them the description of the vacuums and serial numbers on two of 'em, and said that -- keep an eye out for 'em 'cause I imagine they might be coming -coming to you, and if they do, buy 'em, you know, I'll pay you to buy 'em back. I said, but that way, you're
going to have identification on somebody that tries to sell you something. Q. And so, that didn't pan out.
Let me stop you there.
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A. Q.
Okay. Why did you think that they would have
identification on someone who tried to sell the item at the pawn shop? A. Anytime -- anytime a pawn shop buys something
from somebody, especially something like that of any value, they ask for identification. Q. A. How do you know that? Picture ID, because I know the guys at the pawn
shop and they -- they have told me that, that they have to have picture ID to buy something. Q. guy? A. Q. A. Q. Yeah. Have you sold stuff to pawn shops? No, I just buy stuff. Okay. So, you contacted all the pawn shops and You said initially, you're kind of a pawn shop
let them know that if vacuums came in -A. Right, called the police, made a police report
first, then I called the pawn shop. Q. Do you remember what day it was that you noticed
-- you said it was a Monday? A. Q. A. It was a Monday. Do you remember what day in September that was? Oh, whatever, no, I don't, not off the top of my
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head, I don't. Q. Would looking at the police report help you
refresh your recollection as far as the date? A. Depending on which -- which -- well, yeah, let me
see the -Q. We'll have you look at that. Let me know if that
does refresh your recollection as far as the date. A. Date, date, date, date, date. I would imagine it
probably was.
I really couldn't say for sure that that
was the actual date. Q. A. Q. A. Q. A. Okay. There's a date on that report?
Yeah, 9/26. September 26th? Uh-huh. Okay. Yeah, it was, because 9/23 was the date, yeah,
that I advised that -- the date -- that's when they were missing, so yeah. Q. A. Q. A. Q. A. Q. So, 9/23 would have been Friday? Yes. And then you noticed it on Monday which was -Right. -- the 26th? Right. And made a report that day?
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A. Q.
Correct. After contacting the police and after calling the
local pawn shops in Topeka, what did you do? A. Q. Waited. I mean, nothing really much I could do.
At some point, did you get the items to look --
identify to look on the internet? A. Yeah, the following Friday after stewing all week
about my -- my loss was gone, my daughter came into the shop, and she said, like dummy, dad, they're on eBay, you know, okay. Q. Did she know that because she had seen them or
she just believed -A. No. No, she just -- that was just what she said. (Whereupon the court reporter admonished counsel and the witness to speak one at a time.) A. I mean, she just knew that they were just -- I Dad, they're on eBay,
don't know, instinct, I guess.
you know, duh, and she got on the internet within -literally within three minutes, says, right here they are, and she was right, they were there. they were. Q. How did you know that the vacuums that your That's where
daughter found on eBay were the ones that came from your shop? A. For sure, I didn't. But it was pretty obvious
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that I was missing those same vacuums, and on eBay, that gives you a distance from your location of 10 miles, and I thought, huh, that's pretty close, pretty ironic they show up on eBay 10 miles from my location and I'm missing 'em, you know. Q. Let me talk to you a little bit about these
vacuums. A. Q. A. Okay. What kind of vacuum cleaners were these? They were two Riccar's. One was a 1700 canister,
the other was a 1500 canister, which is the upper end. There's a 1700 and then the mid-grade is the 1500 canister, and the other two were upright Royal's, both of 'em commercial's. Q. Okay. Are these vacuums readily available at
retailers like Wal-Mart or Target? A. Q. A. shop. No, no, they're vacuum shop only. What does that mean? It means that a lot -- that's like a specialty I specialize in vacuums -- vacuum cleaners, and They
that's -- that's where the manufacturers cater to.
won't sell to Wal-Mart or Target or -- or KMart, places like that. Q. Topeka? So, there's not a lot of those vacuums in -- in
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A. Q.
No. Okay.
Other than what comes out of my shop, no. You said that you found them on eBay. I'm
going to hand you what's been marked as Government's Exhibit 10.5-A. A. Q. A. Do you recognize that?
Well, yeah. What is that? That's -- that's just the ad for the -- the sale
ad for the -- for the 1700 actually is what it is. Q. A. Q. A. And that's -- that's the eBay ad? Yes. For the vacuum? That's the eBay listing. If you were to print
this off of an eBay screen, this is what you'd get, and that's what this is. Q. When you found -- found the vacuums on eBay, did
you print the screen? A. Q. Yes, I did. Going to hand what you's been marked as 10.6-B.
Do you recognize that? A. That's the 1500 Riccar, yes. That's the smaller
of the two. Q. And finally, I'm going to hand you what's been Do you recognize
marked as Government's Exhibit 10.7-C. that? A. Yes, I do.
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Q. A.
And what is that? That's the -- the smaller of the two Royal
commercial's. MR. OAKLEY: Your Honor, at this time I
would offer Government's Exhibits 10.5-A, 10.6-B, and 10.7-C. THE COURT: MR. DUMA: THE COURT: Any objection? No objection. At this time court does admit
10.5-A, 10.6-B, and 10.7-C. BY MR. OAKLEY: Q. Sir, let me direct your attention to 10.5-A. You said this
I'll put a copy of that up on the screen.
was one of the vacuums that you believed to have been stolen from your business? A. Q. A. Q. Yes, it was. And it was a Riccar, you said a 1700? Yes. You described that as being the nicer of the
Riccar's? A. That -- at that point in time, that was the top
of the line for the canister vacuums. Q. Do you know about what the retail value was of
that vacuum? A. Yeah, 1199.
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Q. A. Q. shop? A. Q.
1199? $1,199, yeah. And that's what you sold it for new out of your
Yes, I had, yes. And the listing indicates Riccar 1700 full size
vacuum canister, full size canister vacuum, 1199? A. Q. A. Q. A. Q. Yes. Value. Yes. And it indicates that it was new? Yes. The -- the vacuum that was stolen from your shop
was new? A. Q. Still in the box, yes, hadn't even been opened. And the seller information is this was being sold
by Bargain Guy 44? A. Q. Yes. Let me direct your attention to 10.6-B. You
indicated this was one of the eBay listings, and this is for the Riccar R C 1500 P mid-size vacuum? A. Q. Yes, it was. And again, this was listed for sale by the same
person, Bargain Guy 44? A. Yes.
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Q.
What was the -- you said the 1700 was the nicer What was the value of the 1500?
of the two. A. Q.
I believe at the time it was 899. And that again is what you sold it for retail out
of your shop? A. Q. Yes. Let me hand you now what's been admitted as 17 -And you indicated that this was
or excuse me as 10.7-C.
the -- was a Royal commercial vacuum? A. Q. Yes. And this one -- actually says you won the item.
Did you or someone else actually place a bid on a vacuum that you believed to be yours? A. Q. A. My wife did, yes. Your wife did? Uh-huh. We -- we didn't want them getting out -We knew where they were.
getting out of town, you know.
We just didn't want 'em to get away, so we started bidding on 'em. Q. Okay. What was the retail value of the Royal
commercial vacuum? A. Q. Right at $600. And the listing for this item actually indicates
this $600 vacuum comes with a manual? A. Yes.
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Q. A. Q.
No attachments? Right. And so, that -- that advertisement of $600 was
pretty accurate? A. Q. Very accurate, yes. And it was your wife that actually bid and won
that item? A. Q. A. Q. A. Yes, it was. I believe you said the four vacuums were stolen? There were. And you found three on eBay? Yes. When we found the three on eBay, it was I mean, as a matter
getting toward the end of the week.
of fact, these sales, if you looked on the ending date of the sale is like a day away. So, we -- my wife real
quickly compiled a bunch of information, or like this right here, and we -- records were obtained. for the police department. We headed
It was on a Sunday evening,
and of course, there's not much going on at the police department at Topeka on a Sunday evening, so we got ahold of the officer on duty -- the officer in charge on duty, and he said, you have to come back at 7 o'clock in the morning when the detectives come on duty. So, we
came back 7 o'clock the next morning, and that's when we gave them all the information. They said, look, you
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really need to get on this, because today is the last day of the sale, and once it's up, this stuff is gone, it's boxed and ready to ship now, I guarantee you, and you need to get on this. By that time, we'd found out
who the guy was, where he was located, the name of his business, just from the eBay listing, and going back and tracking, there were links on his web site that you go back and where we got his name and even his phone number, and didn't want to contact him 'cause I'm not law enforcement. couldn't finish. police involved. I didn't want to start anything I And so, I thought, well, we'll get the That's when they went out and they
recovered these three, but there were still four. Q. Let me back you up a little bit. You said that
through the eBay listing, you're able to get on the internet and find out who you believed that it was? A. That was my wife's deal, she's the eBay and the I'm not. I -- I can barely navigate
internet person. eBay, but -Q. A.
She helped you do that? Yes, yes, she did all the compilation of all the
files and stuff; she did. Q. A. And who did you find out that the seller was? Well, the one thing -- well, it was Guy Neighbors
is who it was, was the name on the -- there was --
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everything linked back to a C J on line article, a newspaper article, and it gave the name of his business, his name, his wife's name, his phone number, his cell phone number, everything was there. And so, that's what
we gave the police, and that's how they contacted him. Q. You said that you learned that it was Guy You said you also found the name of a What was the name of the business that you're
Neighbors. business. able to -A. Q. A.
Yellow House Stores. Yellow House Stores? In Topeka. I didn't realize there was one in
Lawrence, but found out later there was, but the one in Topeka was the one I was dealing with. Q. You said there was also the name of his wife. Do
you remember what that name was? A. Oh, I want to say Carrie Neighbors. I don't know
if that's right or not. Q. A. And you said that there was a phone number? Yeah. I can't tell you the exact phone number,
but the prefix on the number is 766 and then four digits. Q. Okay. So, you said you went to the police on
Sunday, they told you to come back on Monday? A. Came back on Monday. On Monday afternoon, I had
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these three back. various stages.
They brought 'em back to me in But yeah, I had three of 'em back, and
they said the fourth one -- initially, they said that the -- that Neighbors had told him that no, he didn't have any of 'em, and they kept talking. yeah, I've got 'em. MR. DUMA: Judge, I'm going to object to He said, well,
that being non-responsive, that being hearsay. THE COURT: MR. DUMA: Sustained. And I ask the jury disregard that
any testimony that kind of came out inadvertently. THE COURT: Regards to that last response
from the witness, his answer contained testimony not called for by the question. So, in regards to that, the
court at this time is going to sustain the objection and direct the jury to disregard that last part of his testimony. Please continue.
BY MR. OAKLEY: Q. Don't tell us anything that the police told you,
but the police provided you with three of the four vacuums? A. Q. A. Q. Yes, they brought three back. Did you ever recover the fourth? Yeah, it came back. Before we talk about that, let me back up. We
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talked a little bit about the value and the types of -the Riccar and the Royal. A. Q. A. Yes. The fourth vacuum, what -- what brand was it? It was also a Royal commercial. It was the
larger of the two, had like an 18-inch cleaning path, with the other one is a 12-inch. little more money. Q. You said the other Royal was a value of $600. Do It's a little larger,
you know how much the -A. Q. About 700 on this one. You said that you were able to recover it. Tell
us how that happened. A. It just kind of came home on its own. I was out
in front of my -- standing in front of my shop talking to a customer, when -- well, I think it was the following Friday, and I see a truck driving through the parking lot that kind of caught my attention 'cause I had one looked very similar to it, and didn't pay much attention to it other than some lettering on the little sign on the door, and kind of blew it off, and -Q. Were you able -- let me stop you there. Were you
able to read the lettering on the door? A. Didn't. I'm generally more observant than that,
but didn't pay much attention to the sign on the door.
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Q.
You said that you recognized 'cause it looked What color was
similar to the one you used to have. this truck? A.
It was white over silver two-tone crew cab, white
super duty, I had a white over silver Ford super duty extended cab long bed, very similar trucks, and so, it kind of caught my attention, and it went around behind my shop, and didn't pay attention to it, didn't think twice about it. Pretty soon, it came back and pulled
out on Fairlawn and took off down the street, and my phone rang, and I thought, okay, somebody's calling, so, I was expecting a call, you have bags for my Kirby or something like that. Q. Again, let me stop you. Your phone rang. Was
this your personal phone or the business phone? A. Q. Shop phone. It was the business phone.
So, did you have to go back into the shop to
answer it? A. Yeah, went back in the shop, customer went ahead I
and left the door, I went ahead and shut the door.
went back and answered the phone, picked up the phone, and the voice on the other end said, uh, there's a package at your back door you need to go get. And it And
really caught me off guard 'cause an unusual call. I said what, and he said, there is a package at your
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back door, you need to go retrieve it, you need to pick it up and take it in your shop. Okay. I walk around
behind my -- and then I said, well, who is this, and he said, let's just say there's a God in this world after all, and hung up. Q. I thought, man, that was weird. You
Let me stop you before you get to go back.
said he. A. Q. A.
Did you recognize this to be a male voice?
Yes, yes, very definitely. Did you know who you were talking to? I had no idea. I didn't have a clue. Didn't
have a clue who I was talking to. Q. So, after you had this conversation that the
person told you there's something at your back step, did you go back there? A. Sure, I went back, and there was a box probably
18 inches, 20 inches square, and about that tall, real shoddily wrapped and taped up, and I brought it back into the shop and opened it up, and there was my other vacuum. Q. A. Q. That was the fourth one that had been stolen? That was the fourth one that had been stolen. You said that this phone call was made to your -You happen to have caller ID at
to your shop phone. your shop? A.
Yes, certainly do.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it.
Q.
Did you look at your caller ID after receiving
that phone call? A. Q. I did. Was there anything about the number that -- that
was familiar to you? A. Q. A. The 766 prefix on the phone number showed up. And how was that familiar to you? That was the same number that was in all -- in
the newspaper article about Yellow House Stores. Q. 766? A. I don't remember the numbers, but I just remember Do you remember the rest of the number other than
the prefix of 766 and area code 785 but -Q. A. Q. A. Did you take a photograph or anything of your -I did. I did.
-- caller ID? I got my digital camera out and took a picture of I thought that's pretty unusual.
Q.
Would looking at that photograph help you refresh
your recollection? A. Q. A. Q. Oh, yeah. As far as what the full phone number was? Oh, yeah. Going to hand you an item. Is that the
photograph that you took?
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A. Q.
That is it. And that would help you refresh your recollection
as far as the phone number? A. Q. It does. Okay. What was that phone number of the person
that called you? A. Q. A. Q. A. 766-6598, area code 785. 785 area code? Uh-huh. 785, is that the area code that includes Topeka? Yes. MR. OAKLEY: questions. THE COURT: MR. DUMA: Cross-examination. Thank you. Your Honor, I have no further
CROSS EXAMINATION BY MR. DUMA: Q. Mr. Coulter, when you went to the eBay listing
and saw your property there, it was pretty easy to trace that back to the Yellow House Store in Topeka and Guy Neighbors. A. Q. said -A. He -- phone number wasn't there. There were Would you agree with that?
Pretty easy, yeah. He put his phone number on there and I think you
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several links we had to go back through, and my wife could tell you about the links, but -- she's the expert on that, but -Q. All right. But -- but finding the name of the
Yellow House Store was relatively easy? A. For me, no. For my wife, yeah, and she didn't
have much trouble. Q. Okay. And then she didn't have much trouble on
finding the phone number, too, I think you said, right? A. Q. That was in the article. Okay. And then you got -- you got your three
vacuums back? A. Q. A. Q. Uh-huh. Correct? Yeah. All right. And then somebody came by and said --
and dropped off the other vacuum cleaner and said, there's a God in this world after all? A. Q. A. Q. Yeah. Kind of a good Samaritan act sort of thing? One would think, yeah. Yeah. And then when you traced the caller ID
back on the guy that told you to pick that up, then that number matched with Yellow House? A. Yes, it did. Well, matched with his cell phone
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
number. Q. A. His cell phone number? The cell phone that was listed in the newspaper
article. Q. A. Q. For Guy Neighbors? Yes. So, you made the assumption that Guy, he gave the When he found the
first three back to the police.
fourth, he came and dropped it off at your back door, and said, here it is, there's a God in the world after all? A. Yeah, something like that. I think he was a
little reluctant, but yeah. Q. you. A. You bet. THE COURT: Any redirect? Sure. All right. No further questions. Thank
RE-DIRECT EXAMINATION BY MR. OAKLEY: Q. Sir, you said that you had seen the phone number
from an on line article from the Capitol Journal? A. Q. Yes. But you don't recall the phone number that was in As you sit here, did you memorize
the Capitol Journal? it?
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A.
No, I didn't memorize it, but I -- but I compared
the two -- the caller ID and the article in the newspaper and they were one and the same, so -Q. Okay. And would looking at a copy of the article
refresh your recollection as far as what phone number was contained in the article? A. Yeah. MR. DUMA: this. Your Honor, I would object to
I mean, not that it's that important, but he's
all ready said that he remembers the number, so he doesn't have to have his memory refreshed for something that he remembers. THE COURT: Come up please.
(Proceedings held at the bench, outside the hearing of open court.) MR. OAKLEY: I think he said that he does
not remember the phone number that was in the Capitol Journal. He just knew that it matched what was on the I
caller ID that he's used to refresh his recollection. have a copy of the article.
I was just going to show it
to him to refresh his recollection as far as what was in the Capitol Journal article. MR. DUMA: I think he testified that he put
the two side by side and said that that was one and the same.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 questions.
MR. OAKLEY:
At the time he did, but as he's
testifying here today, I think he said he does not remember exactly what the number was, just that it matched. THE COURT: MR. DUMA: THE COURT: Anything else? Nothing. Objection overruled.
(Proceedings continued in open court.) BY MR. OAKLEY: Q. Sir, would looking at a copy of that Capitol
Journal on line article refresh your recollection as far as the phone number? A. Q. Sure. Let me show it to you and direct your attention There, just read
to the second to the last paragraph.
that yourself and see if that refreshes your recollection please. A. Q. A. Yeah, it's the same that was on the caller ID. And could you read the number? 766-6598. MR. OAKLEY: Your Honor, I have no further
Any re-cross? No, thank you, Your Honor. Was the witness subpoenaed to
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testify? MR. OAKLEY: THE COURT: Yes, Your Honor. Are you asking that he be
released from his subpoena? MR. OAKLEY: THE COURT: MR. DUMA: THE COURT: Yes, Your Honor. Any objection? No objection. At this time, sir, you are You are excused. You're
not discuss your testimony, what you said in here, with anyone else as you leave. THE WITNESS: THE COURT: THE WITNESS: THE COURT: there for the moment. MR. OAKLEY: calls Vicki Coulter. THE COURT: Before you sit down, I need for Your Honor, the United States Okay. Thank you. Thank you. You want --
I would just leave that right
you to raise your right hand. (Witness sworn.) THE WITNESS: THE COURT: as you get in there. Yes, sir. Please take your seat. Careful
13:44:16 13:44:18 13:44:21 13:44:21 13:44:23 13:44:23 13:44:25 13:44:26 13:44:31 13:44:31 13:44:31 13:44:31 13:44:33 13:44:33 13:44:34 13:44:35 13:44:36 13:44:37 13:44:38 13:44:39 13:44:41 13:44:42 13:44:45 13:44:47 13:44:48
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answers to the questions you're asked, please speak up loud and clear and speak into the microphone. THE WITNESS: THE COURT: your name. THE WITNESS: THE COURT: THE WITNESS: THE COURT: Vicki Coulter. Please spell your name. V I C K I. Thank you. C O U L T E R. Mr. Oakley. Okay. Have you start with you stating
VICKI COULTER, Called as a witness on behalf of the government, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MR. OAKLEY: Q. A. Q. A. Q. A. Q. A. Q. Ma'am, where do you live? My address? What city and state? Topeka, Kansas. And how long have you lived there? 28 years. And how are you employed? I work for B&SF Railway. Do you know someone by the name of Timothy
Coulter? A. Yes, sir, that's my husband.
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Q. A. Q. A. Q.
And does your husband own a business? Yes, sir, he does. And what's the name of that business? The Vac Shop. I'd like to direct your attention to the end of Around that time, did you learn that
September, 2005.
some vacuums had been stolen from your husband's shop? A. Q. Yes, I did. And at some point, did you assist your husband in
attempting to locate those items on eBay? A. Q. Yes, sir. And at some point, did you find some vacuums
that -- that you and your husband Mr. Coulter believed were the vacuums that were stolen? A. Q. A. Q. A. Yes, sir. And did you attempt to buy any of those items? Yes, I did. And how many vacuums did you find on eBay? We found a total of three, but initially, two
were posted. Q. Did you actually win or have the highest bid for
one of those items? A. Q. Yes, sir, I did. And why were you helping your husband? Is there
anything that you have more knowledge of as it relates
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to computers that -A. I have an eBay account and I'm comfortable with
computers, yes. Q. Okay. And so, you agreed to help him and to use
your eBay account? A. Q. Yes, sir. You said that you won the vacuum or won one of
the vacuums? A. Q. A. Q. Yes, I did. And that means that you were the highest bidder? Yes, sir. Ma'am, I'm going to hand you what's been admitted Actually, Do
into evidence as Government's Exhibit 10.7-C. I'll show it to you.
It's right in front of you.
you recognize that item? A. Q. won? A. Q. Yes, it is. And again, this is Exhibit 10.7-C. Was this the Yes, sir. Is that the screen shot from the vacuum that you
notification that you received from eBay indicating that you'd won? A. Q. A. Yes. And did it also provide a method to pay? Yes.
13:46:55 13:46:59 13:47:09 13:47:19 13:47:22 13:47:22 13:47:23 13:47:26 13:47:27 13:47:28 13:47:36 13:47:39 13:47:42 13:47:43 13:47:44 13:47:45 13:47:45 13:47:47 13:47:47 13:48:02 13:48:04 13:48:05 13:48:09 13:48:14 13:48:17
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Q.
This document is one, two, three, four, five, six I wanted to direct your
pages contained in the exhibit. attention to the fifth page.
Was there a copy of an --
included in that is a copy of an e-mail that you received, is that correct? A. Q. Yes, sir. And did that give you information as far as where
to send payment? A. Q. Yes. Directing your attention to the middle of the
page, the e-mail that you received, did it indicate you could send payment along with a copy of the e-mail to Yellow House -A. Q. A. Q. A. Q. Yes. -- Stores, Incorporated? Yes, sir. And it gave you an address? Yes. The vacuums that were listed on eBay, were they
all new at the time that they were stolen? A. Q. Yes, sir. In reviewing the information that was listed on
eBay, did you ever find anything in the information that was obviously not true? A. Not to my knowledge.
13:48:19 13:48:22 13:48:24 13:48:25 13:48:27 13:48:35 13:48:37 13:48:39 13:48:43 13:48:46 13:48:47 13:48:48 13:48:53 13:48:56 13:48:58 13:49:07 13:49:08 13:49:17 13:49:17 13:49:18 13:49:18 13:49:18 13:49:23 13:49:28 13:49:31
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Q.
Let me -- do you still have -- do you still have
10.7-C in front of you? A. Q. Yes, sir. Okay. I'm going to show up on the screen the And included in that, was
second page of that exhibit.
there a description that the sellers had listed concerning the item? A. mean. Yes, sir. Umm, they -- I understand what you
I thought you were talking about the actual
description of the vacuum. Q. A. Oh, okay. When they said it was two months old and the
theft had occurred within a week prior to that. Q. A. So, it couldn't have been two months old? No, sir. MR. OAKLEY: Honor. THE COURT: MR. DUMA: Cross-examination? Thank you. No further questions, Your
CROSS EXAMINATION BY MR. DUMA: Q. Miss Coulter, on that Exhibit 10.7 where it says
that the item was two months old, you don't have any way of knowing where that information originally came from; would you agree with that?
13:49:32 13:49:34 13:49:35 13:49:39 13:49:41 13:49:42 13:49:43 13:49:46 13:49:48 13:49:49 13:49:50 13:49:51 13:49:51 13:49:53 13:49:54 13:49:55 13:49:56 13:49:57 13:49:58 13:50:00 13:50:05 13:50:08 13:50:09 13:50:09 13:50:51
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A. Q. A. Q.
You mean who filled in this info? Yes. Umm, no. Okay. I would assume it was the seller.
And you don't know where the seller might
have gotten that information? A. Q. No, sir. Okay. Thank you. THE COURT: MR. OAKLEY: THE COURT: testify? MR. OAKLEY: THE COURT: Yes, Your Honor. Are you asking that she be No further questions. Any redirect on that? No, Your Honor. Was the witness subpoenaed to
released from her subpoena? MR. OAKLEY: THE COURT: MR. DUMA: THE COURT: from your subpoena. go. Yes, Your Honor. Any objections? No objections. At this time you are released You're free to
You are excused.
The only thing that I'll ask is that you not
discuss your testimony, what you've said in here, with anyone else as you leave. THE WITNESS: THE COURT: MS. PARKER: Okay. Thank you. Your Honor, as its next
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
witness, the government will call Travis Kaiser. THE COURT: Please come forward. Before you
take your seat, I need for you to raise your right hand. (Witness sworn.) THE WITNESS: THE COURT: Yes, I do. Careful as you sit down there.
If you would, as you give your answers to the questions you're asked, if you'll please speak up loud and clear, speak into the microphone. stating your name. THE WITNESS: THE COURT: Travis Kaiser. Mr. Kaiser, I'm going to ask if Have you start with you
you would please, if you could either lean more forward into the microphone, speak up a little bit, and you can lower that microphone a little bit. Thank you. Again,
if you'll please say your name for the record. THE WITNESS: THE COURT: THE WITNESS: S E R. THE COURT: MS. PARKER: Thank you. Miss Parker. Travis Kaiser. And also spell your full name. T R A V I S. Kaiser is K A I
TRAVIS KAISER, Called as a witness on behalf of the government, having been first duly sworn, testified as follows:
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MS. PARKER: Q. A. Q. A. Q. Topeka? A. Q.
DIRECT EXAMINATION
Mr. Kaiser, what city do you live in? Topeka, Kansas. Topeka, Kansas? Yes. All right. And how long have you been living in
For about five years now. All right. You're here today because you've been
subpoenaed to testify in this matter? A. Q. Yes, I have. Okay. And you have agreed to testify in this
matter, have you not, after you were assured by the government, by the agents who interviewed you, that your statements would not be used against you to prosecute you, correct? A. Q. A. Q. Yes. All right. No. Has any assistance been provided to you in Were any other promises made?
anything? A. Q. No. All right. Other than the agreement not to use
your statements against you?
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A. Q.
That's correct. All right. Now, isn't it true that on June
the 25th of 2001, you were convicted of the misdemeanor offense of theft in Topeka, Kansas? A. Q. Yes. All right. Is that the only conviction you've
had in the last 10 years? A. Q. Yes. All right. Now, I want to direct your attention
to the fall of 2005, and ask you if you were familiar at that time with a business establishment in Topeka, Kansas called the Yellow House? A. Q. House? A. Umm, I was looking for some appliances, and I Yes, I was. How did you become acquainted with the Yellow
looked in the newspaper and seen the phone number in there. Q. A. Q. Then I called -- called the business. You were looking to buy appliances? Yes. All right. And when you made that contact, did
you actually purchase appliances from the Yellow House? A. Q. Yes, I did. And do you know the name of the person that you
dealt with?
13:53:48 13:53:50 13:53:53 13:53:53 13:53:59 13:54:00 13:54:01 13:54:05 13:54:07 13:54:08 13:54:11 13:54:11 13:54:15 13:54:19 13:54:19 13:54:22 13:54:25 13:54:28 13:54:34 13:54:40 13:54:46 13:54:48 13:54:49 13:54:52 13:54:54
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
A. Q.
At the time, Guy Neighbors. All right. And would you just describe Guy
Neighbors? A. Q. A. Q. Umm, he's about 7'1", maybe 280 pounds. All right. Tall man?
Tall man, yes. All right. And at some point in time, did you
start selling merchandise to the Yellow House? A. Q. A. Q. Yes, I did. And did you always deal with Guy Neighbors? Yes. And approximately how were you paid, and not
approximately, but when you sold merchandise, how were you paid? A. Q. Umm, sometimes by check or sometimes by cash. All right. Now, if you'd take a look at the
screen that's in front of you, I'm going to put up on the screen a copy of Government's Exhibit Number 115, and ask you, do you recognize the contents of this as checks that you are familiar with or know of written to you or Keelyon Price (ph) by Guy Neighbors? A. Q. Yes. All right. And would you tell the court and the
jury please whose Keelyon Price (ph)? A. He's a friend of mine.
13:54:55 13:54:57 13:54:59 13:55:00 13:55:02 13:55:09 13:55:10 13:55:12 13:55:12 13:55:15 13:55:17 13:55:17 13:55:21 13:55:24 13:55:25 13:55:28 13:55:32 13:55:37 13:55:42 13:55:42 13:55:43 13:55:48 13:55:52 13:55:52 13:55:53
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Q.
All right.
And did you and Keelyon (ph) work
together? A. Q. A. Yes, we did. All right. And what did you work at?
Umm, we -- we obtained vacuums and merchandise to
sell to Guy. Q. A. Q. All right. And did you pay for that merchandise?
No, we did not. So, you and Keelyon Price (ph) worked as a team Is that fair to say?
stealing things. A. Q.
That's correct. Okay. And then did you take these stolen items
to the Yellow House in Topeka and sell them there? A. Q. Yes, we did. All right. And I'm going to show you the page,
first page of Exhibit 115 which is the summary page. And I just want to direct your attention to the date. The first date here is August the 13th of 2005. see that? A. Q. Yes. All right. And this shows that on that date, a Do Do you
check was written to Keelyon Price (ph) for $360. you see that? A. Q. Yes, I do. And it says that was for two Kirby vacuum
13:55:57 13:55:59 13:55:59 13:56:03 13:56:04 13:56:05 13:56:06 13:56:10 13:56:11 13:56:11 13:56:14 13:56:17 13:56:20 13:56:25 13:56:29 13:56:30 13:56:31 13:56:34 13:56:39 13:56:41 13:56:44 13:56:46 13:56:46 13:56:48 13:56:48
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cleaners. A. Q. Yes.
Do you see that?
Did you and Keelyon Price (ph) steal two Kirby
vacuum cleaners? A. Q. A. Q. A. Q. Yes, we did. Do you remember where you got those? From the 29th and Fairlawn vacuum shop. The Vac Shop? Yes. All right. Would you tell the court and jury how
you got two vacuums out of the Vac Shop at one time? A. Well, we went in there and we asked the gentleman
that was there to go to the back, and when he went to the back, we -- we stole 'em out of there. out of the store with them. Q. Let's start with -- could you describe the We walked
gentleman that you saw in the store that day? A. Q. An older male, umm, maybe in his late seventies. Did you see a man as you were coming in the
courthouse -- coming in the courtroom with a blue shirt that had the Vac Shop on it? A. Q. A. Q. Yes. When you were out there? Yes. Was that the man that was in the shop that day?
13:56:50 13:56:51 13:56:53 13:56:53 13:56:56 13:56:58 13:56:59 13:57:01 13:57:01 13:57:04 13:57:07 13:57:09 13:57:12 13:57:14 13:57:15 13:57:16 13:57:17 13:57:20 13:57:22 13:57:24 13:57:26 13:57:26 13:57:27 13:57:29 13:57:29
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A. Q. A. Q.
No. All right. It was a different older gentleman?
That's correct. All right. And you said you asked him to go in
the back. A. Q. store? A.
Did you force him into the back of the store?
No, we did not. How did you get him to go to the back of the
Just asked him for something that -- that -- that
we didn't see up front, maybe a vacuum belt or something, a vacuum bag or something. Q. You asked him for an item that you anticipated
would require him to go back in the other room? A. Q. A. Q. A. Q. A. Q. A. Q. That's correct. And he did that? Yes, he did. And when he did that, you and Mr. Price did what? We walked out of the store with the vacuum. Do you remember what kind they were? Umm, Kirby's. Kirby's? Yeah. All right. And what did you do with those
vacuums? A. We -- we took 'em to Yellow House Store and sold
13:57:33 13:57:33 13:57:35 13:57:36 13:57:44 13:57:48 13:57:48 13:57:50 13:57:50 13:57:54 13:57:56 13:57:56 13:57:58 13:58:03 13:58:07 13:58:07 13:58:07 13:58:09 13:58:10 13:58:11 13:58:13 13:58:19 13:58:24 13:58:26 13:58:26
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'em to Guy Neighbors. Q. A. Q. All right. Did Guy ask for receipts?
No, he did not. All right. Then show you the next entry is also
on 8/17. A. Q. A. Q.
Do you see that?
Yes, I do. $400? Yes. And the payee again is Keelyon Price (ph), and
it's for a Kirby? A. Q. Yes. All right. Now, that would indicate that you
took -- or Keelyon Price (ph) and you took three vacuums to the Vac-- I'm sorry, to the Yellow House to sell that day? A. Q. A. Q. A. Q. Yes. Where did you get the third vacuum? Same place. Steal 'em all at the same time? No, just different times. All right. So, if you took three of them in on
the 17th of August, which is what that -- the check would indicate, correct? A. Q. Okay. And you didn't steal all three of 'em at the same
13:58:29 13:58:33 13:58:35 13:58:36 13:58:40 13:58:43 13:58:44 13:58:48 13:58:50 13:58:52 13:58:55 13:58:57 13:58:58 13:58:59 13:58:59 13:59:01 13:59:02 13:59:04 13:59:06 13:59:09 13:59:09 13:59:09 13:59:13 13:59:13 13:59:15
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
time; you would have had to have stolen one -- at least one of them before the 17th, correct? A. Q. Yes. All right. When you stole -- when you went to
the Vac Shop before August 17th, do you remember approximately when that was? A. Q. A. Q. Umm, not -- not vaguely, I don't. I mean, was it months or days or weeks? It could have been some weeks. All right. And you remember who was in the store
when you stole the first vacuum? A. Q. A. Q. there? A. Q. The same way I described before. All right. And when you went back in, you and The same gentleman. All right. Yes. All right. How did you get that first one out of The older gentleman?
Keelyon (ph) the second time, did he seem to recognize you? A. Q. A. Q. No. He being the older gentleman -The older gentleman. -- who was running the store. And so, you had Were
three vacuum cleaners, three brand new Kirby's.
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they all in boxes? A. Umm, some of 'em -- sometime they was and
sometime they wasn't. Q. If you took a vacuum cleaner from the store that
wasn't in a box, were there ways to tell that it was brand new and had never been used? A. it. Q. A. How he -He could -- he could look at it, and sometime Umm, it's hard to say; depends on how he look at
they be used, sometime they -- you know, you wouldn't know that until after you just kind of looked the vacuum over. Q. All right. When you say he would know, who are
you talking about? A. Q. Umm, Guy. Okay. So, Guy would look at the vacuum cleaner.
If it was in a box, it was obvious? A. Q. A. Q. He'd know it was new, yeah. Okay. Yes. All right. Are some of the vacuums that you took That it was new?
without boxes, were they used? A. Q. Yes. All right. And were some of them new?
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A. Q.
Yes. Can you tell from looking at the prices that Guy
Neighbors paid you for these whether or not these appeared to be new or used? A. Umm, it's hard to tell. I don't know right
off-hand. Q. All right. But according to this chart then,
again, here -- oh, I'm sorry, I said that the checks were written on the 17th. The first two vacuums were --
the check was written on the 13th, correct? A. Q. Yes. All right. And then the next one was written on
the 17th, four days later? A. Q. Yes. All right. And is that another -- that's the
vacuum you got at the Vac Shop as well? A. Q. day. Yes. All right. Then we go down to the 18th, the next
It says that a check in the amount of $200 was Correct?
written to you for a Kirby. A. Q. A. Q. Yes.
Where did you get the Kirby? Umm, same place. So, you're just going back very, very frequently.
Are you always distracting the older gentleman so you
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can take the vacuums out? A. Q. Yes, we did. All right. Are you and Keelyon (ph) going
together? A. Q. A. Q. Yes. And you were paid $200 for that? Yes. On the 19th of August, the next day, another
check, this time it's written to Keelyon Price (ph) for $700, and it's for a vacuum. A. You see that?
Yeah, think that was several vacuums, or it could
have been some money that he had all ready owed him prior to coming in before. Q. All right. But Keelyon (ph) -- and you and
Keelyon (ph) would have stolen that vacuum? A. Q. A. Q. Yes. All right. From the Vac Shop?
That's correct. And each time you and Keelyon (ph) went to the
Vac Shop, was the same older gentleman there? A. Q. A. Yes. All right. How would you describe his alertness?
Umm, just very -- you know, he -- he would look,
and we'd go in there and say something to him, and ask him, like I said, to go to the back for something, and
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when he went in, we'd just go -- when he went to the back, we'd just walk out with the vacuum. Q. Then we have another vacuum, a check that has the That was
notation, it's for another vacuum on the 22nd. a check written to you. cleaner? A. Q. A. Q. Yes, it is. All right. Yes. Sold that to Guy Neighbors?
Is that another stolen vacuum
Another one -- well, now, here is another check
that is dated on the 23rd, it's written to you, and it is for two vacuums and a return A C. what that transaction consisted of? A. time. Q. But all of the vacuums that are listed there, all I'm not -- I'm not sure what that means at this Do you remember
would have been vacuum cleaners that you and Keelyon Price (ph) stole? A. Q. Yes. And at any time when you took those vacuums in,
did Guy Neighbors ever ask you how you could afford to bring in all those vacuum cleaners? A. Q. A. Not one time. Did you volunteer any information? No.
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Q.
I'm going to show you what's been marked Can you identify that? And
I'm specifically speaking of the first check at the top there; you recognize that as a check written to you? A. Q. Yes. All right. MS. PARKER: Government would offer
Government's Exhibit 10.1 which is Check Number 1491 dated 8/22 of '05. THE COURT: MR. DUMA: Any objection? Miss Parker, is that one of the
checks that's in the -- the other exhibit? MS. PARKER: It's in there, but these have
been broken out separately, but it is in there. MR. DUMA: Honor. THE COURT: Exhibit 10.1. BY MS. PARKER: Q. I'm going to show you Government's Exhibit 17.2 At this time court admits Thank you. No objection, Your
and ask you if you recognize that item? A. Q. Yes, this was a check he also wrote to me. All right. And that is Check Number 1557 written
on September 1st of 2005, correct? A. Yes, it is.
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MS. PARKER:
Government would offer
Government's Exhibit 17.2. THE COURT: MR. DUMA: THE COURT: Exhibit 17.2. BY MS. PARKER: Q. Now, Mr. Kaiser, I'm putting up on the overhead, Any objection? No objection. At this time court admits
on the screen one of those checks I think you have in your hand, and that is Government's Exhibit 10.1, that's Check Number 1491 in the amount of $300. that? A. Q. Yes, I do. All right. And that -- the note on there says Do you see
vacuum, correct? A. Q. Yes. And did you ever take a vacuum to Guy Neighbors
that wasn't stolen? A. Q. Umm, not that I recall. All the vacuums you took, you and Keelyon Price
(ph) stole? A. Q. Yes. Then about a week later, there is Check Number You see
1557 written to you on September 1st for $200. that?
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A. Q. A. Q. A. Q. A.
Yes, I do. And that was for a range hood, correct? Yes. Or a range? Stove. And a stove hood. Where did you get those items?
Umm, I think that might have been a stove that I
all ready had that he had asked me -- I was -- I was trying to get a newer stove, and I think I had one, and he wanted to buy it. Q. All right. But he wrote you a check for these
items from his Yellow House checking account, correct? A. Q. Yes. All right. And then you understood that Guy
Neighbors was selling merchandise on eBay, correct? A. Q. Yes, I did, yeah. All right. And that this would be inventory that
he would use to keep his business going? A. Q. A. doing. Q. A. Q. Now, did you ever meet his wife Carrie Neighbors? One time. And when was that? Yes. The stove and the hood? That -- from my recollection, that's what he was
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A.
I can't remember exactly when I met her, but I
just recall meeting her once in the store. Q. A. Q. A. Q. Do you remember -- in the store? Yes. All right. Yes. But other than that, you didn't really have any Up in Topeka?
contact with her at all? A. Q. No. All right. At some point in time, did you stop
taking items to the Yellow House? A. Q. A. Yes, I did. When was that? Umm, a little bit after me and him had spoke and
he said he knew he was under investigation. Q. him? A. Well, he just basically stopped coming to the All right. And why did you stop taking items to
store as often as he used to. Q. All right. So, he cut back on his hours at the
store, the days that it was in operation? A. Q. Yes. And at some point in time, did he just close it
down altogether after the first search warrant? A. Umm, I think so.
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Q. A.
Okay. I'm not sure exactly when he did it, but I know
it was shortly after that. Q. And -- at any point in time did Guy Neighbors
talk to you, tell you about the police coming and asking him about the stolen vacuums? A. Q. Yes, he did. When did that conversation take place,
approximately? A. Umm, I don't know exactly when, but you know, I
remember him telling me shortly after we brung him one of the vacuums, he said he had -- he had put it on eBay and they -- they asked him about it. Q. A. Q. And did he say who they was? The police department. All right. And did he tell you that he
had returned the vacuums then? A. Q. Yes, he did. All right. Is -- did you stop bringing him
vacuums at that point? A. Q. A. Q. A. Yes, I did. Why? Well, he just -- he didn't want no more. After the police came, took the vacuums back? Yeah.
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Q. A. Q.
He said he didn't want anymore vacuums? Yes. All right. But then you began to sell him other
types of items, correct? A. Q. Yeah, various. All right. And we have the tables and dryer. Do
you know where you got that? A. Q. A. Q. A. Q. Umm, it could have been some things I had. Were you getting rid of things or -Some stuff I was. All right. Vacuum, stereo system and range?
Yes, that's things I might have had at the time. But now, on -- on these items here, you're taking
in and you're selling him range -- this is the range and hood we talked about? A. Q. Yes. All right. Satellite radios. Where did you get
satellite radios? A. Q. I can't -- I don't remember that one. All right. Camcorder; where did you get
camcorder? A. Q. I don't -- I don't remember. But many of the items, and certainly all of the
vacuums that you sold to Guy Neighbors were stolen? A. That's correct.
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Q.
All right.
And did you ever have to produce any
identification in order to get a check from Guy Neighbors? A. Q. A. Q. No, I did not. Did he ever pay you any way except check? Sometimes in cash. All right. What would -- how would it be decided
whether he paid you cash or checks? A. I -- just I guess times that he might have had
cash in his store, or if he didn't have enough, he would just write a check. Q. All right. Did you get cash more often than you
got checks or do you remember? A. It's hard to say at this time. It could be just
like I said, various times. Q. Now, this indicates that the last time that you
actually got a check from Mr. Neighbors was November 14th of 2005. A. Q. That's correct. All right. And then it was sometime after the Is that right?
first search warrant that you quit going there altogether? A. Q. Yes. All right. So, if you had gone there between
11 -- between November the 4th of 2005 and say December
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the 2nd or 3rd, you would have been paid in cash if you sold him anything? A. Q. Possibly. Now, besides the items that we've gone over, you
took jeans in to Guy Neighbors fairly often, did you not? A. Q. Yes, we did. Where did you get the jeans? Now we're talking
about pants, the denim pants, right? A. Q. in? A. Q. A. Q. A. Q. A. Various stores. Did you buy them? No. Did you steal them? Yes, we did. How would you steal jeans from a store? We walk in, put 'em in a bag, just walk out the Yes. All right. Where did you get the jeans you took
store with 'em. Q. A. Q. And that we is who? Me and Keelyon (ph). All right. And those jeans, would they have all
their tags on them? A. Most of 'em, majority of 'em did.
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Q. A. Q.
All right.
And where did you take the jeans?
To Guy Neighbors. All right. How many pairs at a time would you
generally take over? A. Q. A. Q. A. Q. Umm, between 20 and 40 pair. All right. Yes. And they all had the tags on 'em? Yes, they did. Did Guy Neighbors prefer to buy any particular 20 and 40 at a time?
kind of jeans? A. Umm, Levi's, mainly children's jeans I think it
was that he asked for. Q. All right. Did he tell you why he wanted
children's jeans? A. Q. They were easy for him to sell. All right. Were there ever times when he didn't
buy your jeans? A. It was sometimes, but majority of the time, he
took 'em. Q. All right. And when he didn't buy them, why did
he tell you he didn't want 'em? A. At the time, he just -- he might not had cash.
He might have had too many at the particular time. Q. And then at some point in time, the ones he
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didn't buy, did you take back and sell to him later? A. Q. A. Q. A. Q. Yes. Did you sell those jeans anyplace else? No, just to him. All right. Yes. You remember how much he would pay you for a pair And he paid you cash or check?
of jeans? A. It just -- it varied. At the particular time
that he was buying 'em, you know, it could have been several hundred dollars. Q. Do you remember if he ever priced them by the
jean, you know, by the pair of jeans, 2.50 for a pair, $10 for a pair? A. Q. A. Q. No 'cause they was in bundles, so -So, you sell 'em by the bundle? Exactly. All right. And he would determine what price he
was going to sell 'em at? A. Q. Yes. Did he ever ask you where you were getting all
these jeans with the tags still on 'em? A. Q. No. Did he ever ask you if you were stealing the
items you were bringing to him?
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A. Q.
No. All right. Now, the first time you took a vacuum
in to Guy Neighbors? A. Q. A. Uh-huh. Did he say he had to talk to somebody? Yeah, the first time, he -- he called his wife
and asked her about the particular vacuum that we had. Q. A. Q. Could you hear his end of the conversation? Yes, I was standing right there. All right. And what did he say? What did he say
to you about making the phone call? A. Well, he wanted to ask his wife about 'em, 'cause
at first, he didn't want it, and then he -- he said, let me call my wife. He asked her about the particular
vacuum, and she said -Q. A. Q. Told her what kind of vacuum he -(Nodded.) All right. Did he give her any other information
about the vacuum? A. Q. A. Q. Not to my recollection. And then asked her should I buy it? Yes, and then she told him to buy it. And then what? When he got off the phone, what
did he do? A. He purchased it.
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Q.
All right.
Did -- did he tell you what he was
going to pay or did you demand a price? A. Q. He told me what he wanted to pay for it. All right. And was -- did he tell you what he
wanted to pay for it after his phone call to his wife? A. Q. Yes. Did he make any additional phone calls to his
wife after that when you started bringing the vacuums in? A. Q. No. After that first phone call, the only phone call,
to Carrie Neighbors, did he say anything else about vacuums? A. Q. That he'd like to have more. All right. So, after that phone call with Carrie
Neighbors, he told you he would like more vacuums? A. Q. A. Q. A. Q. Yes. Did he tell what you kind? No. Just bring more? Yes. Thank you. Nothing further. Cross-examination. Thank you, Your Honor.
THE COURT: MR. DUMA:
CROSS EXAMINATION
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BY MR. DUMA: Q. Mr. Kaiser, when the police came to question you
about this, they told you that if you told them about stealing those vacuums, then you wouldn't get in trouble for stealing those vacuums. A. Q. No, they didn't. They didn't tell you that -- that you weren't Isn't that true?
going to be charged for stealing the vacuums? A. Q. No, they told me I could be charged for it. Okay. Did they tell you that they -- that you
were there as a witness and that -- that they were not going to use the information that you gave them against you? A. Q. A. Q. Yes. They told you that, right? Yes. Okay. So, they told you that if you told us
about stealing from that old man, we're not going to use that information against you, we just want you as a witness, right? A. Q. Yes. And that's why you told them what you told them
about you stealing the vacuum cleaners, correct? A. No, I just told 'em -- I mean, they questioned me
about it, and I pretty much told 'em what happened.
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Q.
All right.
But you only did that after they
assured you that you were not a suspect, that you were just a witness, correct? A. Q. Yes. All right. You weren't doing it because you're a
good citizen.
You didn't -- you didn't call them up and
say, hey, I have something on my conscience, I've got to come clean, right? A. Q. No. You were doing it because the cops were on you
and you were trying to stay out of trouble, right? A. Q. That's correct. All right. Now, you -- you sold -- or the first
time that you met with Guy Neighbors, you actually bought something from him? A. Q. Yes, I did. All right. And that was a totally legitimate
deal, right?
You went in and bought some stuff and it
was a good price? A. Q. A. Q. A. Q. Yes. And he helped you out, right? Yes. And actually, you guys kind of became friends? Pretty much. And you developed a relationship with him?
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A. Q.
Yes. And this was all before you sold him the vacuum
cleaners? A. Q. Yes. All right. So, he had a reason to trust you.
Would you agree with that? A. Q. A. Q. I guess. Yeah, because you kind of were friends with him? Yes. All right. Now, you never sold anything to
Carrie Neighbors; that's a true statement, correct? A. Q. Yes, it is. All right. And I think you told the police, and
correct me if I'm wrong, that you sold to Guy between 15 and 20 times? A. Q. A. Q. I think so. You think that's about right? I think so. All right. Well, umm, I'm looking at the checks
that went to you and Mr. Price, and it's about 20 checks. So, would -- would -- if you sold to Guy about
15 or 20 times and -- and he wrote you 20 checks out, then -- then almost all of the times that you went there to sell something, it would have been paid for by check. Would you agree with that?
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A. Q. A. Q. A. Q. agree? A. Q.
Umm, pretty much. Is that right? Pretty much by check. All right. But it was sometimes by cash. But most of the time it was by check. Would you
I think it was. All right. And on these checks, he would put
your name down, right? A. Q. Yes. Except for, I think he wrote two to Mr. Price,
correct? A. Q. A. Q. Yes. And then wrote the rest out to you, right? Yes. All right. And you never told Mr. Neighbors that
the checks were stolen, correct -- or that not the checks, that the property was stolen, correct? A. Q. No. Okay. And he -- he knew who you were, you were
his friend, so he just wrote the checks out to the guy he knew as Travis Kaiser, correct? A. Q. That's correct. All right. And when -- after the police came and
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he had to give back those vacuum cleaners that you stole from that older gentleman, he told you he wasn't taking any more stolen property from you, right, or -A. Q. Yeah. -- or strike that. He said he wasn't going to
take any more vacuum cleaners from you, right? A. Q. That's correct. All right. And then after that period of time,
you started selling him stuff that wasn't stolen? A. Q. Some things was and some things wasn't. Okay. But again, you never told Mr. Neighbors
that the stuff was stolen, right? A. Q. No. And he was still relying upon your friendship to Would
trust you for you not to lead him in a bad way. you agree with that? MS. PARKER: speculation. THE COURT: MR. DUMA: THE COURT: MR. DUMA: BY MR. DUMA: Q. Any response? Objection, calls for
I don't really have a response. Objection sustained. Thank you.
But after the police came in, Mr. Neighbors
wouldn't take any more vacuum cleaners from you,
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correct? A. Q. That's correct. All right. And you sold him -- on this list that
is set out there, you sold him a range, tables and dryer. do you? A. Q. Not -- not to my knowledge, they wasn't. Okay. That was just stuff you had and you wanted You don't remember if those were stolen or not,
to get some money? A. Q. Yes. All right. And then you sold him -- sometimes
you sold him used vacuums, correct? A. Q. Yes. All right. And then there was another range and
stove hood and a satellite radio and a range and stereo. You don't -- those things weren't stolen; those were just things you had? A. Q. Yes, pretty much. All right. So, sometimes you would sell him
stuff that was stolen and sometimes you would sell him stuff that wasn't stolen, correct? A. Q. That's correct. But you never told him, hey, this is stolen, this
is not stolen, right? A. Yes.
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Q. A. Q.
Is that right? Yes. Okay. MR. DUMA: No further questions. Thank you,
Your Honor. THE COURT: MS. PARKER: Your Honor. RE-DIRECT EXAMINATION BY MS. PARKER: Q. Mr. Kaiser, after the police came to Guy Any redirect? I have just a -- a little bit,
Neighbors and reclaimed those stolen vacuums, he told you about that instance, right? A. Q. Yes, he did. All right. And at that point, it -- he
acknowledged that he knew you had been selling him stolen items, correct? A. Q. I would think he would. All right. And yet, he continued to buy things
from you, correct? A. Q. Yes, he did. And looking at the items that you were bringing
to him, now as you sit here, you can't remember whether they were stolen or not, right? A. Some of 'em.
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Q.
But you didn't stop stealing, did you, after the
vacuums? A. Q. A. No. What kind of things did you steal? Umm, some jeans. I took him jeans and other
various things. Q. All right. And even after he knew you had sold
him stolen items, he continued to buy new jeans with price tags on them from you? A. Q. Yes, he did. Thank you. Nothing further. Any re-cross? No, thanks, Your Honor. In regards to this witness, was
the witness subpoenaed to testify from the government? MS. PARKER: Your Honor, we'd like to keep
the subpoena active with this witness. THE COURT: Mr. Kaiser, you're still under
subpoena, but at this time you are excused. THE WITNESS: THE COURT: Okay. You're free to go, but you might
be called back, and you would have to be notified in regards to that. THE WITNESS: THE COURT: Okay. But you are excused at this
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time.
And the other thing I would ask you to do is not
talk about what you said in here with anyone else as you leave. THE WITNESS: THE COURT: MS. PARKER: Okay. Thank you. Your Honor, as its next
witness, the government will call police officer Micky Rantz. THE COURT: Before you take your seat, if
you'll please raise your right hand. (Witness sworn.) THE WITNESS: THE COURT: I do. Be careful as you get in there.
If you would, as you give your answers to the questions you're asked, please speak up loud and clear and speak into the microphone. THE WITNESS: THE COURT: your name. THE WITNESS: THE COURT: THE WITNESS: THE COURT: MS. PARKER: My name is Micky Rantz. Please spell your name. M I C K Y. Thank you. R A N T Z. Miss Parker. Yes, Your Honor. Have you start with you stating
MICKY RANTZ,
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Called as a witness on behalf of the government, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MS. PARKER: Q. A. Officer Rantz, where are you employed? I'm an officer with the Lawrence, Kansas Police
Department. Q. And how long have you been a police officer with
Lawrence? A. Q. Since 2001. All right. And would you just briefly tell the
jury what your duties were in 2004, 5, and 6? A. 2004, I was assigned to the Lawrence/Douglas Lawrence was the third The two prior police So, when I came
County Drug Enforcement Unit. police department I'd been at.
departments, I'd also worked narcotics.
to Lawrence as a new face, new officer, I had quite a bit of narcotics experience all ready. Lawrence took
the opportunity to put me into an undercover role specifically investigating violations of the Uniform Controlled Substance Act. Q. That's -- were you doing undercover drug
investigations? A. Q. That is correct. All right. And were you doing undercover drug
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investigations contemporaneously with an investigation of Yellow House? A. Q. No. All right. When did you begin to be involved in
the Yellow House investigation? A. In September of 2005, I actually came out of the I had served my 18-month time line that they I came out. In October, the
drug unit.
allow officers to be in.
very next month, I was contacted by then Sergeant Khatib who's now Captain Khatib, our interim chief, in regards to coming back into the drug enforcement unit to work in an undercover capacity to look into allegations that Yellow House may be knowingly buying stolen property. Q. All right. And did you actually make contact
with anyone at Target? A. Q. I did, yes. All right. And that was in the course of the
Yellow House investigation? A. Q. A. Yes. And why did you contact anyone at Target? I had actually worked with Target on some drug
investigations while I was in the drug unit, so I was all ready familiar with them. I had met with Jason
Steffen who at the time was in charge of their criminal investigation unit.
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Q.
And did he give you information about what his
security officers' investigation had turned up as it relates to some vacuum cleaners stolen by Nicolle Beach? A. Q. Yes, he did. And what -- do you remember the date you were
formally assigned to this investigation? A. Q. It would have been October 17th, 2005. Now, without going into anything anybody told
you, could you just briefly describe the kind of preliminary information that you had about this investigation? A. The preliminary investigation had to do with
Target investigating Miss Beach and the allegation that she was selling items to Yellow House who was then posting them on eBay. Q. Now, did you also have an opportunity to review
some reports of stolen vacuum cleaners in Topeka, Kansas? A. Q. I did. All right. And in the course of reviewing that
information, did you see a description of a truck that was familiar to you? A. Q. Yes, I did. All right. Do you know what kind of a truck Guy
Neighbors was driving in August, September, October of
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2005? A. He had a white Ford F-250 super duty crew cab It has a blue
with I believe silver at the bottom.
lettering on the side for his delivery service. Q. A. Q. Do you remember the name of the delivery service? I believe it's Professional Delivery Service. And was that a description of the truck that was
seen at the Vac Shop one day? A. Q. Yes. At some point in time, was a decision made to
conduct an undercover investigation of the Yellow House? A. Q. Yes, there was. Is that an unusual step to take in a stolen
property case? A. Umm, I had bought stolen property undercover Going into it, we knew we
before on a limited basis.
wanted to do an independent investigation, not just -it's one thing to do an independent investigation, it's another one just to basically take somebody's word for it, so we basically did conduct an independent investigation. Q. All right. And you had had experience, I think
you've testified, in undercover investigations before? A. Q. Yes. Both on the drug side and now you've just
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testified in stolen property cases? A. Q. Yes. All right. I'm going to show you Government's
Exhibit 125. A.
Can you identify that?
Yes, this is my curriculum vitae which basically
spells out my education, my professional experience, honors and awards, sources of specialized narcotics training, sources of specialized undercover training, and the various schools and certifications that I've received since coming into law enforcement. Q. Can you tell the court and jury what your
educational background is? A. I'm currently a PhD student. I am what's labeled
as A B D, all but dissertation, in completing a PhD in higher education administration. degree in legal analysis. I have a master's
I have a bachelor's degree in
criminal justice, and I have an associate's degree in law enforcement. Q. All right. And you are currently a police
officer with the Lawrence Police Department? A. Q. Yes. All right. MS. PARKER: Your Honor, at this time the
government would offer Government's Exhibit 125, Officer Rantz's curriculum vitae.
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THE COURT: MR. DUMA: THE COURT: Exhibit Number 125. BY MS. PARKER: Q.
Any objection? No, Your Honor. At this time the court admits
Could you just briefly describe the type of
undercover investigation techniques that you used in drug cases, and talk about how they differ, if they do, from the investigative techniques in a case like this? A. On undercover investigations, basically you have
two types of introductions, what's referred to as a cold call where the undercover with no assistance from anybody else, being an informant or somebody who's on the inside, basically you make contact with the subject that you want to investigate, without any introduction in. There are also introductions in by informants,
either the cooperating individuals or cooperating informants, or other sources of information who are somehow associated with the defendants. Q. In the Yellow House undercover investigation that
you conducted, which of those two methods of making contact with someone at the Yellow House did you use? A. Q. A. It was a cold call. All right. And why is that?
At the time, we had information specifically from
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Miss Beach about what was going on.
However, we did not She was
feel that she would be a good introduction in. in custody.
Plus we didn't know how reliable the So, we independently decided to try to
information was. make a cold call. Q.
Now, you said that she was in custody.
She had
all ready spoken with law enforcement and with Target investigators, correct? A. Q. Yes. When she initially was interviewed by the Target
people, are you aware of any promises that were made to her by them? A. Q. A. No. Did you make her any promises? I told her since she was all ready charged with
the Target investigation, we were not looking for any additional charges on her. We basically wanted to know
how the operation when she was selling stuff to Yellow House worked. Q. Did you or anyone acting in your behalf do
anything to get Nicolle Beach a lesser sentence? A. Q. A. Q. No. In the -- that's a Kansas state charge, correct? That is correct. All right. Did you do anything to give her any
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benefit whatsoever in that case or any other case? A. Q. No. When you are conducting an undercover
investigation, are there situations where you can actually be wired for sight and sound? A. Q. Yes, there is. All right. Are there times when that is a -- an
acceptable way to conduct an undercover investigation and times when it's not? A. Q. A. Yes. Would you tell us what the difference is? Sometimes going into a situation, we would have There have been times that
to use very covert measures.
I've been patted down, I've been searched specifically. Q. A. By who? By defendants or criminals that I'm investigating
who are suspicious that I might be law enforcement. There are other times that I would say have less stress or less fear of being patted down, and there are additional investigative techniques we can use, different types of body wires, different types of body cameras, because there's no fear of being patted down. Q. And did you make a professional decision in this
undercover operation about whether or not you would wear recording devices?
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A. Q. A.
Yes. And what was the decision? The decision on this one was I believed based on
my training, knowledge and experience, that I could go in and I would not be patted down. I decided to wear a
body camera with a lens that actually shot through a Skoal can that was in my pocket. Q. A. Skoal, that's the tobacco? That would be a tobacco can, yes, that's so not
only could you hear it from my body wire that's actually recording the audio, but you could also see the video as basically it would be shot from my chest. Q. A. Q. A. Did you also wear a disguise? I did wear a disguise. Why? Having done several federal and state cases
undercover during my time in the drug unit, it was my opinion that there was no way to control who might be in the store. The one thing I did not want to go in was
basically looking like I did when I was buying narcotics from other defendants or other subjects, go in and -and get recognized as an officer right off the bat or an undercover officer. wear a disguise. So, the decision was made for me to
I had only worn the disguise on
limited other bases during narcotics investigations
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where there was a fear that somebody associated with the group might recognize me. So, I all ready had the
disguise, but we used it exclusively on this one. MS. PARKER: Your Honor, may I ask the court We have a
for permission for the agent to come down?
rather large exhibit that I would like him to identify, and then if it's admitted, to explain it from next to the exhibit. THE COURT: BY MS. PARKER: Q. Officer Rantz, I'm going to ask you to keep your But do you recognize what is contained in Yes.
voice up.
Government's Exhibit 128? A. Yes, this would have been the exact clothes that
I would -- was wearing in the disguise that I would have been wearing when I went into the Yellow House to deal with Miss Neighbors. Q. All right. And so, the way that this exhibit,
this mannequin is dressed, is exactly the way you were dressed when you dealt with Yellow House? A. Excluding maybe a little bit of facial hair and
earrings, yes. MS. PARKER: Your Honor, at this time the
government offers Government's Exhibit 128. THE COURT: Any objection?
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MR. DUMA: THE COURT: Exhibit Number 128. MS. PARKER:
No objection. At this time the court admits
And then with the court's
permission, may the witness describe the -- or do this part of his testimony next to the mannequin? THE COURT: BY MS. PARKER: Q. Thank you. All right. It's fairly obvious from Yes.
looking at the mannequin what wasn't yours, the hat, the hair, correct? A. That is correct. The hair is actually done by a
wig maker that -- where we sent some facial hair that I had and had them color match so there wasn't a contrasting difference. The hat was something I
routinely wore, kind of breaks up the outline of the wig. Q. All right. And did you wear this particular
outfit every time you went to the Yellow House? A. Q. Every single time. All right. And you said that you were equipped Is that secreted someplace on
with recording equipment. this mannequin? A.
Yes, on the inside of the right side, there is a
body wire that comes up that's a mic that's just on the
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inside attached to a stick recorder that doesn't transmit a signal, but it actually records just digital audio without sending out a signal. side -Q. side -A. Q. Oh, yes. When you talk about it recording just a digital Well, let me -- before you go to the right-hand On the right-hand
signal, you mean it's actually storing it on that device, it's not going to another location where somebody else can listen to the conversation at the same time? A. Q. That is correct. All right. Then you were going to talk about the
other one? A. On the left-hand side, as you can see here, If you pull
there's a Skoal can that's in this pocket.
this out, there's actually a wire that runs to it. Inside of the can is a small camera that goes to a recording device which is located on the inside. It's a
larger device, and you can see where this would create problems if you had to wear this in someplace where you might get patted down. Q. Now, when you went in to make contact -MS. PARKER: Trying to think where we can
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put this to -- Your Honor, may we put this in the corner up here kind of out of the way? THE COURT: I think that would be fine.
Umm, Mr. Duma, do you have any objection to that? MR. DUMA: THE COURT: No. If you'd like also, Mr. Duma, if
you need to move around in the courtroom for a better vantage point, feel free to get up at any moment. MR. DUMA: BY MS. PARKER: Q. All right. In addition to preparing your Thank you.
physical persona for your undercover operations, did you also create any undercover identity? A. I did. I actually had a driver's license that
was generated to me in an undercover capacity as well as opening a bank account, credit cards associated with those so that I could also open up eBay and PayPal accounts. Q. All right. And did you open those eBay and
PayPal accounts? A. Q. I did. What name did you use when you went into the
Yellow House and were talking to the folks there? A. Q. Russ Williams. And when you created your PayPal and eBay
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accounts, did you use that name? A. Q. A. Q. A. No. What name did you use? Bill Wallace, Junior. And why did you create eBay and PayPal accounts? Because in the course of the investigation, what
we were going to try is to see if Miss Neighbors would buy items from us. Once we built rapport, if she would
continue to buy items, we wanted to be able to verify that the items I was actually selling her was what I was actually seeing on the eBay site, so I wanted to be able to buy those items back. Q. So, you were operating on information that items
were being sold by the Yellow House on eBay? A. Q. time? A. Q. Yes. All right. Then where did you get the property That is correct. And you knew that before you went in the first
that you were going to take in to sell? A. Through Jason Steffen with the Target
investigative division. Q. All right. And did you place orders or did he
just bring you stuff and you took it over. A. No, based on the items that were on -- all ready
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on her eBay site and items that I knew as high theft items, I would request a little bit at a time, depending on how the investigation was going, and basically to where we built to where I was bringing in a case of items at one time. Q. A. it. Q. Now, you described the two -- the audio recording Can the When you say a case of items, what do you mean? A large Target box that was -- had electronics in
device and the video recording device.
information contained on those devices be combined? A. Yes, there's a little bit of compression issue.
Basically, the way the camera is set up, it doesn't record any audio. picture. It is just for getting the video
The audio recorder is a little -- what they It just
call a little bit different in compression. records the audio.
But what you can do is give these
two pieces of data and have somebody who is IT savvy or technology savvy marry the two together so that you can create a DVD. Q. And you actually have recorded conversations that
were made when you made contact with Carrie Neighbors, correct? A. Q. That is correct. And have you made arrangements for the audio and
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the visuals of those conversations to be married in one CD? A. Q. Yes, into a DVD, yes. I'm sorry, a DVD. Did you anticipate using
informants in this undercover investigation, or when you went in the first time, were you just going in there, you know, as an undercover officer? A. Yeah, when we first -- when I first went in, it We weren't using any
was to make a cold call. informants. Q. All right.
And in this case, did you end up with
different types of informants? A. Yes. We actually ended up with -- during the
course of it, unbeknownst to the source of information, we had a guy contact us who wanted to provide information about what he believed to be illegal activity going on at the store. Q. A. Q. A. Q. A. Who was that? That was Tony Reyes. Tony Reyes? Yes. And he contacted you? He actually contacted an officer with our police
department who contacted us in reference to talking with him, yes.
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Q. A. Q. A. Q.
And he was called -- is he a source or -He's listed as a source of information, yes. Okay. That's an SI?
That is correct. All right. Did you also develop a CI or a
confidential informant? A. Q. A. Q. A. Yes, in June of 2006. And who was that? That is Joey Cadenhead. And how did you come across Joey Cadenhead? Through a series of theft investigations that
were going on by patrol officers and a subsequent theft investigation that I worked at Kohl's, we were able to track back that he was dealing with Miss Neighbors at Yellow House. Q. All right. Now, Joey Cadenhead actually did get
some kind of a deal from the government, right, from the police officers? A. Q. Yes. And what arrangements -- what agreement did you
make with Joey Cadenhead to get him to cooperate? A. Based on the misdemeanor thefts that we knew that
he -- based on video and his own admissions that he was committing at the time, we agreed not to prosecute him on the misdemeanor, but in turn working as a cooperating
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informant, actually making sales of items to Miss Neighbors at Yellow House. Q. So, you didn't ask him just to tell you about
what he'd been doing, just to basically give you a background like some of the other witnesses? A. Well, we asked him that, but then we asked him to
take the next step and actually work for law enforcement. Q. To actually go in and record his own
conversations? A. Q. A. Q. That is correct. And did he agree to do that? Yes. All right. Now, were there informants that you
agreed not to use their statements against them? A. Q. of art. A. Were there informants? I'm sorry, I'm using the wrong term. Were there witnesses? There were cooperators and witnesses that we did It's a term
not use their statements against. Q. All right. And in determining whether or not to
make that kind of an offer, what information did you have about these people that led you to believe you could prosecute them anyway? A. We didn't -- with the type of scheme that was
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being committed for the shopliftings, we didn't know who was committing them at the time. We basically developed
who was selling bulk amounts of items to Carrie Neighbors based on the checks that we received after the search warrant in 2000 -- in December 2005. Q. And so, we've seen the booklets that have the
summaries of the checks that were written to customers of Yellow House. Did you use the information obtained
from the Yellow House records to identify people selling to her on a regular basis? A. Q. Yes. Besides that, did you have any information about
any of these cooperators that would have allowed you to prosecute them? A. Q. Not that I recall, no. But there were people who were identified, were
there not, who you did have enough independent information to prosecute, correct? A. Q. were? A. We federally indicted Lewis Parsons, we federally Yes. And do you remember who some of those people
indicted James Ludwig, we federally indicted Wesley Bateson, we federally indicted Stacy Barnes-Catlett, we federally indicted Kathryn Alexander.
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Q.
All right.
And all of those people were indicted
for their activities in association with the Yellow House with this investigation? A. Q. A. Q. Yes. All right. And so, they didn't get a pass?
That is correct. But most of them are -- have agreed to come in
and provide substantial assistance in the hopes of getting a judge to give them a lesser sentence? A. Q. That is correct. Have -- and has anybody gotten a lesser sentence
at this time? A. Q. No. All right. But those informants, those witnesses
were developed after you had your first contacts with the Yellow House, correct? A. Q. That is correct. Now, in an undercover investigation like the one
you conducted here, are there any pitfalls that you need to be watching out for? A. Q. A. Absolutely. What are they? Uncontrolled scenes. And when I say that, going
into -- to Yellow House, we had no idea who was going to be in there, or if somebody was going to walk in during
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the situation. noise.
We also had no way to control background
If we went in there and the stereo was cranked
up really loud, the mic doesn't discern between my voice and the radio. It looks -- it records the loudest or Same way with
most overbearing sound that it picks up. road traffic.
If you're standing next to the road and
there's big trucks going by and it's loud, that's what the mic is recording. that we cannot control. Q. Now, in a situation like that where the loudest So, there are things like that
noise in the room is the radio, are there steps that can be taken to enhance the sound on the spoken voice? A. Q. A. Yes. What are those? Umm, basically, the same person who would -- in
our -- at our department which is Detective MT Brown who puts -- marries the audio and video together, also has a machine where he can filter certain decimal of sounds and he can drop -- try to drop the volume on, like if we have a bunch of background music, he can try to drop that by filtering it. Q. And were any of the audio portions of the DVD's
of the conversations actually enhanced or dampened down? A. Not on the undercovers, but on some of the
subsequent investigation, well, techniques that we used,
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we'd done some other deals where we sent an officer in who was wired, we had to filter some of that noise, yes. Q. Now, get a couple of exhibits here. I would like
to show you Government's Exhibit 126. that? A. Q. A. Yes. What is it?
Do you recognize
That is a photograph of the front of the Yellow It's also a photograph of the
House Store at 1904 Mass.
Yellow House Store at 1835 Northwest Topeka Boulevard, and it's a photograph of the Neighbors' residence at 1104 Andover. MS. PARKER: Government's Exhibit 126. THE COURT: MR. DUMA: THE COURT: Exhibit 126. BY MS. PARKER: Q. Show you Government's Exhibit 12-- I'm sorry, Any objection? No objection. At this time court admits Government would offer
131, do you recognize that? A. Q. A. Yes, I do. What is that? That's a photograph of Guy and Carrie Neighbors,
a photograph of Lois Jackson, Carrie Neighbors' mother.
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Q.
Well, are these photographs of people who work at
one or the other Yellow House Stores? A. Yes, either worked at or very closely associated
with Guy and Carrie Neighbors. MS. PARKER: Government's Exhibit 131. THE COURT: MR. DUMA: photographs? MS. PARKER: Oh, yeah. They're just the Any objection? Can I please see those Government would offer
driver's license photographs. MR. DUMA: Your Honor. Thank you. THE COURT: Exhibit 131. BY MS. PARKER: Q. Finally, show you Government's Exhibit 130. What At this time, court admits Okay. Thank you. No objection,
is that? A. This is the group of individuals who you'll be
hearing from later on in the case that were interviewed by law enforcement. MS. PARKER: Government's Exhibit 130. THE COURT: MR. DUMA: Any objection? No objection. Government would offer
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 130.
THE COURT:
At this time court admits
MS. PARKER:
May the witness leave the
witness chair so that we can put this in a spot where the jury can see it and he can testify about it? THE COURT: BY MS. PARKER: Q. All right. I'm referring now to Exhibit 126. Can everybody see that? Yes.
MS. PARKER: BY MS. PARKER: Q.
Now, you have I believe here a laser pointer,
correct? A. Q. That is correct. All right. Now, you've identified these three
photographs, but would you do that again using the laser pointer. A. What is the first photograph there?
This first location is the Yellow House Store
at 1904 Mass in Lawrence. Q. And looking at the photograph of the Yellow House
Store in Lawrence, from the street, can you see into the store? A. see in. Q. All right. Can you see into the back of the There are some small windows, but it's hard to
building?
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A. Q.
No. I mean, can you see around the side, see what's
going on in the back? A. There's a privacy fence that goes the length of
the building at the back, so you cannot see in there either. Q. A. Q. A. So, it's a fairly sheltered structure? That is correct. All right. What is the next picture there?
The next picture is the Topeka -- Yellow House
Store in Topeka where Guy Neighbors primarily worked at up until early 2006. Q. All right. And then the last photograph there of
a residence? A. This is the Neighbors residence at 1104 Andover
in Lawrence. Q. All right. And you have indicated -- or it's
been indicated that there were search warrants that were served during the course of this case, correct? A. Q. Multiple search warrants, yes. Which structures were search warrants actually
served at? A. There was a state and federal search warrant
served at 1904 Mass, there was a state and federal search warrant served at 1104 Andover.
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Q.
All right.
The state search warrant served in
December of '05 and the federal search warrant served in July of '06? A. Q. That is correct. Now, exchanging that exhibit for Government's
Exhibit 131, would you tell the court and the jury, identify who these people are? Obviously, the first
person there is this defendant, Carrie Neighbors, correct? A. That is correct, this is a driver's license photo
of Carrie Neighbors. Q. All right. And she predominantly, primarily
operated the Yellow House Store in Lawrence, is that right? A. Q. That is correct. All right. And who's the next person there?
Says Guy Neighbors. A. This will be Guy Neighbors. It's a driver's
license photo of him. Q. All right. And at least until after the first
state search warrant, he operated the Yellow House in Topeka? A. Q. That is correct. All right. And then in the course of your
investigation, did you determine that he changed
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locations and began to work someplace else? A. Q. A. Yes. Where was that? He came back to the Yellow House Store at 1904
Mass in Lawrence. Q. that? A. mother. Q. All right. And in the course of your visits to This is Lois Jackson, which is Carrie Neighbors' The next row there, the first person, who is
the Yellow House, did you see her there? A. Q. A. Yes, I did. How often? On multiple occasions, she was behind the
counter. Q. A. All right. Who's the next person there? He was also at the He's
That's Michael Coffman.
Yellow House Store on one or multiple occasions.
also going to be the one who's registered under the Flatlander 645 eBay seller name. Q. All right. So, the eBay information about
Flatlander 645 is information about his web site, or his eBay site I -- seller I should say? A. Q. His eBay seller name, yes. And then who is the next person there?
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A.
This is Patrick Stanwix.
He worked in the store He was responsible for
during undercover operations. moving washers and dryers.
He also on multiple
occasions was doing packaging and shipping duties while I was in there. Q. And then down there at the bottom row, who's the
person with the longer hair? A. John Cale. He now works at the store. He
left -- he replaced Patrick Stanwix. working in there part-time.
He was also
I never saw him on the
undercover deal, but he was in there at a later point. Q. A. Q. there? A. This is Tony Reyes. This is the source of All right. But during the investigation?
That is correct. All right. And finally, who is the last one
information that contacted us during the undercover operations. He was -- also did mechanic work for Miss
Neighbors at the Yellow House Store. Q. All right. In your trips to the Yellow House,
when you were selling her items, did you deal with anybody except Carrie Neighbors? set a price or write a check? A. Q. No. But they were there? Did anybody else ever
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A. Q.
They were there. What role did they play? What role did Lois
Jackson play? A. Q. A. She worked behind the counter. All right. How about Michael Coffman? He was
I would call him kind of a hang around.
just in there hanging out at the front counter. Q. Okay. And you said Patrick Stanwix mailed things
and moved things? A. Q. Yes. All right. Never had any dealings with him on
the items that you sold? A. Q. A. Q. A. No. All right. Correct. All right. How about Anthony Reyes? Same with John Cale?
Never saw him in there, but did -- do know about
the contact with him during our application for the first search warrant. Q. But he was not working in the store when you were You didn't
in there doing your undercover operations? see him? A. No, I never saw him in there, no. THE COURT:
If you're getting close to a
break point, just so you'll --
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MS. PARKER:
We can do it now.
We have a
number of people to describe. now or we can go ahead. THE COURT:
So, you may want to do it
We'll go ahead and finish that,
but then we can take our -- our break please. BY MS. PARKER: Q. A. Q. Now, Government's Exhibit 130. Yeah. These are pictures of the cooperating witnesses,
correct? A. Q. That is correct. All right. And Lewis Parsons, is that a
cooperator? A. Q. Yes, he is. Is that a person who has been charged with his
participation in this conspiracy? A. Q. A. Q. A. Q. A. Yes. Federally? Yes. All right. No. All right. Norma Payne, who is she? Any promises made to him?
She was another routine seller at Yellow House,
sold a large number of items, typically smaller items. Q. What promises were made to her, if any?
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A. Q. A.
None. Did we promise not to use her? We did, during the initial interview because we
had no direct crimes tied to her at the time, tell her that we would not use any incriminating statements she made during the initial interviews to prosecute her. Q. A. Q. A. Q. A. Q. A. Q. A. Have you given her any benefit since then? No. All right. James Ludwig, we've talked about?
James Ludwig was federally indicted. All right. And he's waiting sentence?
That is correct. All right. No. Michael Aldridge, who's he? Michael Aldridge is currently in custody with the He was in custody Any promises made to him?
Kansas Department of Corrections. during our initial interviews. Douglas County jail.
He was all ready at the
We came upon him because of the
number of checks that we had associated, and through other interviews that he was selling stuff to Carrie Neighbors. We told him that we would not use his
incriminating statements against him. Q. A. Okay. No. Any other agreements made with him?
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Q. A. Q.
But he has not been charged in this case? He has not been charged in this case. Without his statements, did you have evidence to
charge him with anything? A. Q. A. No. Patrick Nieder, who is he? Patrick Nieder was actually in custody also,
Kansas Department of Corrections, when we interviewed him. He was a seller in 2004 to Carrie Neighbors. We
just took -- also agreed since he was all ready in prison not to use his statements against him. Q. Did you have any independent evidence that would
have been sufficient to prosecute him for this case? A. Q. A. No. Stacy Barnes-Catlett, who's she? She is actually another co-defendant. She's all
ready been charged and is in bureau of prisons where she was convicted on this case or pled on this case. Q. All right. And she is agreeing to cooperate in
the hopes that a judge will give her a lesser sentence? A. Q. That is correct. But no deals have been made for any downward
departure, correct? A. Q. That is correct. Who is -- oh, Travis Kaiser, we've all ready
14:57:30 14:57:32 14:57:35 14:57:38 14:57:41 14:57:43 14:57:47 14:57:50 14:57:53 14:57:54 14:57:54 14:57:57 14:57:58 14:58:01 14:58:03 14:58:06 14:58:06 14:58:06 14:58:09 14:58:12 14:58:16 14:58:20 14:58:21 14:58:23 14:58:27
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
heard from.
Nicolle Beach, we've all ready heard from.
Going to the bottom row, who is Bradley Byrne? A. Bradley Byrne is currently -- I'm not exactly
sure where he's at, if he's still on probation, in a halfway house, or if he's out right now. We came upon
him through checks and items that were sold, especially in relation to Michael Aldridge. Q. All right. Were Michael Aldridge and Bradley
Byrne working together? A. Q. Yes. All right. What kind of an agreement do you --
do we have with Bradley Byrne? A. Q. We agreed not to use his statements against him. All right. And without his statements, was there
sufficient evidence to proceed to charge him with a crime? A. Q. A. No. All right. Joey Cadenhead, who's he?
He is the cooperating individual on this case
that we developed in June of 2006. Q. And you did make a deal not to prosecute him,
correct? A. Q. On his misdemeanor shoplifting, that is correct. But that was misdemeanor shoplifting charges that
there was sufficient evidence to charge him with,
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correct? A. Q. That is correct. All right. But because he agreed to go in and
actually work, no charges have been filed? A. That -- on those -- on those specific
shopliftings, yes. Q. A. Q. Have there been others? Yes. All right. Did the -- any of the authorities in
this case move to get him a lesser sentence or get him a better sentence in any of his other cases? A. No. In fact, specifically, I worked a case on
him after this, and he was convicted of burglary and theft. Q. A. Q. A. So, no deals were made on that? No. All right. Laura Helm, who's she?
This is an individual that was interviewed early We had no independent
on after reviewing the checks. information. against her. Q. A. All right.
We agreed not to use her statements
Wesley Bateson?
Indicted, convicted, or pled to aggravated He was developed in April
identity theft in this case.
of 2006, and is currently in BOP, and will be testifying
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
on this case. Q. All right. Again, no deals have been made, but
he's testifying in the hopes of getting a lesser sentence from a judge? A. Q. That is correct. All right. And then finally Marcus Crawford,
who's he? A. Marcus Crawford is currently in federal custody
on a case that we worked on him while I was in the drug unit unrelated to this. He was interviewed while in
custody because of his dealings with Miss Neighbors prior to going into custody, and we agreed not to use his statements against him since he was all ready in custody. Q. All right. MS. PARKER: Your Honor, that would conclude
our questions about this one. THE COURT: We'll go ahead and take a recess Please remember your
at this time, jury members.
admonition which is that no one's to talk to you, and even among yourselves, you can't speak about the case. Take about a 15 minute recess. (3 PM, jury left.) THE COURT: MS. PARKER: Court stands in recess. I'm sorry, Your Honor, I didn't Thank you.
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hear you. THE COURT: MS. PARKER: Court stands in recess. Oh, thank you. Proceedings
(Whereupon court took a recess. then continued as follows: and jury returned.) THE COURT: MS. PARKER: BY MS. PARKER: Q. Please continue.
3:20 PM, court
Officer Rantz, before we took the afternoon
break, we were talking about the cooperators. A. Q. Yes. The cooperating witnesses in this case. And I
think I rushed through a couple of 'em a little too quickly, so I want to go back. of all, to Joey Cadenhead. A. Q. Yes. And you indicated that the only thing that you I want to go back, first
would have been able -- you believed that Joey Cadenhead was charged with were misdemeanor theft cases, correct, in the state court? A. Q. Yes, without his statements, yes. Without his statements. So, by agreeing not to
use his statements against him, did that mean that state and federal felony charges or getting charged in this,
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in your opinion, would not have been possible because there was not sufficient evidence? A. Q. A. Q. That is correct. All right. Yes. And the agreement that was made with Mr. Bateson. And you talked about Wesley Bateson.
He is currently in federal prison on an ID -- identity theft related case, correct? A. Q. Correct. All right. And that is identity theft arising
from some of the activity that occurred in this case? A. Q. Yes. All right. But you also said that, as I
understand it, you actually did put another case on Mr. Bateson? A. Q. A. Q. On Mr. Byrne. I'm sorry, Mr. Byrne? Yes. Okay. I had those wrong. What kind of a case
was Mr. Byrne charged with? A. It would have been probably 2007, 2008, after the I
second sets of search warrants on Yellow House.
worked an independent investigation on Mr. Byrne where I arrested him and charged him with possession of methamphetamine and forgery for a set of financial
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documents, credit cards, ID's and checks that he had in his possession. Q. And those were charges that were completely
unrelated to the Yellow House investigation, correct? A. Q. That is correct. All right. And did you make any deals with him
in those cases or give him anything to get him to testify in this case? A. Q. No. Thank you. Now, you made contact with the Yellow
House as a cold call, I think you said? A. Q. A. Q. That is correct. All right. And when was that?
Would have been October 26th, 2005. All right. And when you went to the Yellow House
in October 26th, how were you dressed? A. Q. I would have been dressed as Russ Williams. All right. And when you got there, did you make
contact with anyone? A. Q. A. Q. Yes, I did. Who? Carrie Neighbors and Lois Jackson. Were you -- did you have your recording devices
with you? A. Yes.
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Q. A. Q. A. Q. there? A.
All right. Yes. All right.
And you recorded the conversation?
Did you speak with both of them?
In casual conversation, yes. All right. And what was your purpose for going
I wanted to do a walk through of the business and I wanted to have an idea if there
see how it laid out.
was just new merchandise sitting on shelves or laying out everywhere or just really kind of how things worked and how the business kind of laid out in case I needed to get out of there in a hurry. Q. All right. But you wanted to see the kind of
merchandise that someone could walk in off the street and buy; is that also a reason? A. Q. Yes. All right. And how would you describe the kinds
of merchandise that the Yellow House in Lawrence had for sale there in October when you went the first time? A. The majority of the items that I saw setting out I walked around the store. I didn't know if
would have been used items.
I saw very few new items setting out.
they weren't there or they were being kept out of sight. Q. All right. But you didn't see a whole lot of new
in the box items?
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A. Q.
That is correct. Now, was there a discussion that you had with
either Carrie Neighbors or somebody else there about what they'd buy, what they wouldn't buy? A. Q. A. Q. I did. Who did you have that conversation with? Carrie Neighbors and Lois Jackson, her mother. All right. And just -- what was the gist of that
conversation? A. I told them that I had a new drill, a Black & I was advised that
Decker drill that I wanted to sell.
they would rather buy -- Yellow House would rather buy De Walt or Makita tools because they're more expensive, they're a better brand of tool. I also had a discussion I was advised
of what kind of store they actually were.
that they are a secondhand store, not a pawn shop. Q. And did the statement that they were a secondhand
store and not a pawn shop have any significance for you? A. Q. A. Yes, it did. What was that significance? Pawn shops are regulated by state law on what
they must report, that they must take your ID, they generate pawn slips at the time. They're also -- in the
city of Lawrence, if you take something to a pawn shop, not only they get your ID and address, they generate a
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pawn slip that shows what they gave you for the item, what the item is, and what the location of the pawn shop is. Q. Okay. Now, let me stop you here. On this form,
it has picture ID information? A. Q. It has a driver's license number, yes. All right. What if you don't have a driver's
license? A. You're not going to be able to sell anything at a
pawn shop. Q. All right. But you had -- so, they take driver's
license number, they take a name and address, correct? A. Q. A. Q. That is correct. Then they have to verify that with their ID? Yes, they have an ID that they have to present. All right. And then the -- the description of
the item that's being pawned or sold is also contained on that slip? A. Q. That is correct. All right. And then the name and address of the
store is on that slip? A. Q. Yes. What happens to the information on that slip?
Does it just go into the pawn shop records? A. One slip is given to the customer who pawns the
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item, another one is kept by the store.
More
importantly, though, they then log the information into a data base -- computer data base which law enforcement in Lawrence are able to access. So, let's say for
instance, I had a De Walt tool that I wanted to look for specifically that would have been stolen, I would be able to go to the pawn shop icon in our department computers, pull that up and put in De Walt tool, and it would give me a list and date of every location a De Walt tool had been sold to a pawn shop. Q. So, there are extensive record keeping
requirements for a pawn shop? A. Q. That is correct. All right. And then some of those records that
are kept, some of the information in those records is actually then put on a data base which is accessible by the police department from their own computers? A. Q. Yes, there are city ordinances, yes. And have you worked rob-- or stolen property
cases where property has been found at pawn shops? A. Q. Yes. And in those cases, when the item -- the stolen
item was actually identified as being at a pawn shop, what happened to it? A. We would go to the pawn shop, seize it, then the
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pawn shop would have a claim in court about the money that basically they paid for the item against. Q. A. A claim against who? Against -- claim against whoever sold it to 'em
if it ended up being stolen. Q. All right. But the pawn shop was not paid when
that item was -- was actually seized by the police? A. Q. That is correct. All right. So, if they can't collect it from the
crook, they don't -- they just lose their money? A. Q. That is correct. All right. But in your experience selling things
at the Yellow House, were any records like that kept? A. Q. No, not when I was dealing with her, no. Was any information actually transmitted
electronically from the Yellow House about items that they bought to the police department? A. Q. No. So, the record keeping was far different at the
two shops -- two types of stores? A. Q. That is correct. Now, the first time when you went to do this walk
through, were you wearing your recording equipment? A. Q. Yes. I'm going to show you Government's Exhibit 129.
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What's that? A. This is a DVD copy of the audio/video at the --
what I term as the walk through of Yellow House. Q. A. Q. And what's the date on that? It would be 10/26/05. All right. And show you Government's Exhibit 129 What's that?
T R for transcript. A. Q.
This is a transcript of the undercover operation. All right. And have you reviewed both the DVD
here and the transcript for accuracy? A. Q. Yes. And does this transcript accurately reflect the
conversation that was recorded on Government's Exhibit 129? A. Q. It appears to, yes. And are the information in here, the audio and
the video of that walk through, correctly and accurately recorded on 129? A. Yes. MS. PARKER: Your Honor, at this time the
government would offer Government's Exhibits 129 and 129 T R. MR. DUMA: THE COURT: No objection, Your Honor. At this time court admits
Exhibits 129 and 129 T R.
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MS. PARKER:
And with the court's
permission, the combined DVD and transcript have been loaded into one of the government laptop computers, and we would like to now publish that -- these two exhibits in that form to the jury. THE COURT: Since the exhibits have been
admitted, at this time without objection, please present it to the jury. (Exhibit being played to the jury.) BY MS. PARKER: Q. A. Is that the sound of you walking? That -- that's going to be my sleeve rustling Typically, what you'll have in each
against the mic.
undercover operation is me basically giving a lead-in to what I'm going to be doing, but you'll hear a lot of scratch sounds like wind noise sometimes. What that is
is the mic that's on the inside of my jacket rubbing against my shirt. (Exhibit being played.) BY MS. PARKER: Q. Does that conclude the exchange between you and
the defendant? A. Q. A. Yes. That last part is just you talking? That last part's just me going out talking.
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Q.
Now, where did you park when you went into the
Yellow House, 'cause it seemed like you were walking forever? A. I did. I parked behind a Quik Shop that was
there at -- would be the northeast corner of 19th and Mass. Q. Now, I noticed that the video flutters a lot.
Why is that? A. On this particular video, there was -- I don't
know if you noticed when I pulled the camera out, there's a connection, and we think what happened is the connection was loose. try to alleviate that. Q. Does the video quality improve on other recorded We ended up taping it later on to
conversations later? A. Q. Yes. All right. And I noticed that on this one, there
were no -- other than the pictures where Stanwix -Patrick Stanwix was in the frame, there were no other people in the frames. A. There was. Why was that?
There was Carrie Neighbors and Lois
Jackson. Q. I just apologize. I was having a hard time
seeing it. A. Yeah, that's who's standing behind the counter.
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Q. A. Q.
All right.
And this was on October the 26th?
That is correct. All right. And after you did the -- this walk
through and you got in kind of an idea of how the store laid out and how things worked? A. Q. A. Q. day? A. Q. A. Q. A. That is the next day, yes. And what time did you go? 12:15 PM. And what did you take with you? I took a new Black & Decker drill and a new Yes. When was the next time you returned? On October 27th, 2005. All right. Now, October the 27th was the next
graphing calculator. Q. Going to show you Government's Exhibit 1.2 and What is 1.2? What's depicted
Government's Exhibit 1.3. there? A.
1.2 is the Black & Decker cordless drill out of
the box, so that you could see what it was. Q. A. All right. And 1.3, what's that?
It is a digital photo of the Texas Instruments
graphing calculator. Q. All right.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you.
MS. PARKER:
Your Honor, at this time the
government offers Exhibits Buy 1.2 and Buy 1.3. THE COURT: MR. DUMA: Any objection? No objection, Your Honor. Thank
THE COURT: Exhibits 1.2 and 1.3. MS. PARKER: BY MS. PARKER: Q. Okay.
At this time the court admits
Can we switch back?
Now I've put up on the overhead Is that the drill you were
taking back to the Yellow House the next day? A. Q. A. Q. Yes, except it's out of its box. But did it have its own box? Yes. And could you put it back in and it would be
obvious that it was a new item? A. Q. Yes. All right. Government's Exhibit 1.3, that's the
calculator? A. Q. A. Q. Yes. All right. Yes. And you took those to the Yellow House. About And that's all ready packaged up?
what time did you go that day?
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A. Q.
12:15 PM. All right. Was there any particular significance
to the time that you chose to go? A. The decision was made to try do the undercover
operations earlier in the day where we suspected there would be less people in there, less chance of me being compromised by somebody recognizing me. Q. All right. Is it also easier sometimes to get
good audio if there aren't a lot of people milling around a particular place? A. Q. That is correct. And did you -- when you went, did you go with
your audio and your video recording again? A. Q. A. Q. Yes. Recording devices again? Yes. Let me show you Government's Exhibit Buy 1.1.
You recognize that? A. Yes, this is the DVD copy of the audio and video
combined. Q. And have you reviewed that, and is it accurate in
every respect of the encounter that you had on that date? A. Q. Yes. And I'm going to show you Government's Exhibit
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Buy 1.1 T R. A.
What's that?
This is the transcript of the undercover
operation. Q. All right. And have you reviewed that along with
the tape to determine whether or not the transcript accurately reflects the spoken word? A. Q. A. Yes. And does it? Yes. MS. PARKER: Your Honor, at this time the
government offers Buy -- Government's Exhibit Buy 1.1 and Buy 1.1 T R. THE COURT: MR. DUMA: THE COURT: Any objection? No objections. At this time the court does
admit Exhibits 1.1 and 1.1 T R. BY MS. PARKER: Q. And when you went back to the Yellow House there
on the 27th of October, who was in the store at the time? A. Q. A. Carrie Neighbors was. Alone? I don't recall if there were additional people in
there or not. Q. But you did make contact with her?
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A. Q.
Yes. All right. And when you made contact with her,
what was the substance of the conversation between you? A. I was just trying to build rapport with her at
this point -- this point, and see how she bid the items that I was taking in, how if she did ID people, or if she simply just bid the item, wrote a check. basically trying to see how it worked. Q. A. Q. This actual sale? An actual sale, yes. There hadn't been any sales when you did your I was just
walk through the day before, correct? A. Q. No. All right. Show you Government's Exhibit 1.4.
What is that? A. This is a copy of the Commerce Bank check written
to Russ Williams on October 27, 2005 for $60. Q. A. Q. All right. And who signed that check?
Carrie Neighbors. All right. MS. PARKER: Your Honor, at this time
government offers Exhibit Buy 1.4. THE COURT: MR. DUMA: THE COURT: Any objection? No objections. At this time court admits
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Exhibit Buy 1.4. BY MS. PARKER: Q. All right. Now, this Exhibit Buy 1.4 I've got up
here on the overhead, and it shows the Check 13807 was issued on 10/27 of '05, correct? A. Q. That's correct. All right. And do you recognize the signature on
that check? A. Q. A. Q. A. Q. A. Q. Yes. Whose is it? That's Carrie Neighbors. Did she sign it in your presence? Yes. All right. And it's a check for $60, correct?
That's correct. Do you know the retail value of the two items
that you took, the drill and the calculator? A. Q. It was approximately $160. All right. And this is a check for $60. Is that
a number you chose, or how did this price -- how was this arrived at? A. Basically, we negotiated the price. It started
off I believe as $40 for the calculator and $10 for the drill. Q. I agreed to sell her both items for $60. All right. Now, this is a check that's made out
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
in the name of Russ Williams. got on that check? A. Q. A. Q. A. Q. A. Q. A. Q. She asked me. Asked what you --
Do you know how that name
What name I wanted on the check. All right. Correct. And was that -- that wasn't your true name? Correct. Did she ask you for any identification? No. Did she ask you for any proof of ownership of And you gave her Russ Williams?
these two new items? A. Q. No. Was the conversation with Carrie Neighbors on
10/27 of '05 -- it was recorded on that DVD we've just -- you've just identified? A. Q. Yes. All right. MS. PARKER: Your Honor, at this time the
United States requests permission to publish the contents of that DVD and transcript to the jury. THE COURT: So granted. I do have a
question in regards to the length of that, if you know. I'm just curious each time we play these in regards to
15:52:08 15:52:10 15:52:11 15:52:14 15:52:18 15:52:20 15:52:22 15:52:24 15:52:25 15:52:27 15:52:27 15:52:29 15:54:50 15:54:51 15:54:54 15:54:54 15:54:57 15:55:00 15:55:02 15:55:06 15:55:09 15:55:13 15:55:14 15:55:17 16:00:57
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that. MS. PARKER: We have two pages of
transcript, so it does not appear that this will last very long. This is an eight-minute and 26 second DVD,
so there must be a lot of walking. THE COURT: That's fine. Again, I'm just
interested in knowing prior to it being played how long it is, though. MS. PARKER: of them. THE COURT: Please. And we can do that for each one
(Exhibit being played.) BY MS. PARKER: Q. Officer Rantz, why is there so much walking and
driving? A. Well, initially, where we were staged at, we were We didn't want -- didn't want to be Once we saw how things worked,
too far away.
compromised initially.
you'll get to see as the undercover operations progress, it gets to a point where I'm literally parking three or four houses away, doing my lead-in, and then pulling right in the driveway. Q. A. Q. These lengthy lead-ins won't continue? That is correct. Now, Officer Rantz, I think you testified earlier
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that there was some negotiation going back and forth? A. Q. A. Q. A. Yes. And originally, she said 20 and 20? No, she said 40 and 10. Oh, 40 and 10? And I negotiated 40 for the calculator and 20 for
the drill. Q. A. Okay. And was that on the -I think it's in a
Yeah, it's very mumbled.
section that it's unintelligible, 'cause when I say 60 as a package deal, she goes fine and turns around. Q. way -MS. WALTON: BY MS. PARKER: Q. I didn't know if there was a way to do it here. My apology. So, the check was -- can we -- is there some
The check that was actually given to you on that day on 10/27 is actually for $60? A. Q. That is correct. And so, the portion where there's a little
negotiation going on is just unintelligible on the tape? A. Q. Yes. Okay. Now, did you then go back and check the
eBay site? A. Yes.
16:01:57 16:02:01 16:02:02 16:02:02 16:02:06 16:02:08 16:02:12 16:02:16 16:02:23 16:02:27 16:02:32 16:02:37 16:02:39 16:02:39 16:02:41 16:02:42 16:02:43 16:02:44 16:02:57 16:02:59 16:03:01 16:03:02 16:03:04 16:03:06 16:03:06
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Q.
All right.
How soon after you made that sale did
you go check the eBay site? A. Q. 1.5. A. Directly after. All right. What is that? This is the eBay posting for the Black & Decker Show you Government's Exhibit Buy
drill under Yellowhair Bargains. Q. A. Q. All right. And Exhibit Buy 1.6, what is that?
It's the posting of the graphing calculator. All right. And are these postings that were made
that you recognized as being postings relating to the items you had just sold Carrie Neighbors? A. Q. A. Q. Yes. Or you sold her on the 27th? Yes. All right. MS. PARKER: Government offers Government's
Exhibit Buy 1.5 and Buy 1.6. THE COURT: Exhibit 1.5 and 1.6? MR. DUMA: THE COURT: Exhibit 1.5 and 1.6. BY MS. PARKER: Q. Now, I'll put up here first Government's No, Your Honor. At this time court does admit At this time any objection to
16:03:09 16:03:15 16:03:16 16:03:17 16:03:24 16:03:25 16:03:27 16:03:30 16:03:30 16:03:34 16:03:36 16:03:37 16:03:37 16:03:39 16:03:42 16:03:44 16:03:48 16:03:51 16:03:54 16:03:54 16:04:00 16:04:03 16:04:03 16:04:07 16:04:08
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Exhibit 1-- Buy 1.5. drill? A. Q.
And this is a posting for the
That is correct. And does it show when it was actually placed on
eBay for bids? A. Q. Yes, October 31st, 2005. All right. And what date did you actually sell
it to her? A. Q. It was sold on 10/27/05. So, when you went back to the office to check it,
did you find it at that time? A. Q. A. No. All right. So, you didn't find this until when? We just
It would have been a couple days later.
mon-- we just periodically monitored the site. Q. If you look down here at the bottom of this page,
do you see here there is Black & Decker new and then a date of 11/1 of 2005? A. Q. A. Yes. Do you know what that 11/1/2005 signifies? 11/1 is when we could have printed a copy of the
screen shot. Q. So, at least by then, you knew that the Black &
Decker drill was being advertised on the eBay? A. That is correct.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Q.
All right.
And again, it's the Yellow House
Bargains, correct? A. Q. Correct. And Yellowhair Bargains is the address or the ID
that goes back to Carrie Neighbors? A. Q. Correct. Now, there are three pages to this posting.
There's the first page that has the information about it on it, about the time and how much they're asking, and how long the sale is up for, and what the current bid is, correct? A. Q. A. Correct. All right. The second page is what?
It's an actual photo of the front of the box and
gives specific information about the drill. Q. A. And then the third page of this, what is that? This is when you print the third page off, it
shows additional items that are being sold on that web site. Q. A. Q. All right. Or on that eBay page. All right. And this shows that men's jeans were
being sold -- two different sizes of men's jeans, correct? A. Correct.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Q. A. Q. A. Q.
A gift card, a merchandise card? Correct. Worth how much? $96. And then can you see the other one, the other
picture there? A. Q. Electronic entry lock it looks like. And then there was information about how you
could pay? A. Q. That is -- or how could it be shipped. All right. There's payment methods as well,
payment methods accepted? A. Q. Correct. All right. And then the last page is just some
more information about the purchase, if you make it? A. Q. Correct. And is this type of posting -- four page posting
pretty standard for all of the items that you saw that were posted on the eBay account ending site? A. Q. Yes. The Yellow House eBay site? Show you
Government's Exhibit 1.6, Buy 1.6, that is the posting for the calculator? A. Q. That is correct. All right. What's the date that that was posted?
16:05:57 16:05:59 16:06:01 16:06:01 16:06:03 16:06:07 16:06:07 16:06:11 16:06:15 16:06:18 16:06:22 16:06:22 16:06:23 16:06:24 16:06:28 16:06:29 16:06:31 16:06:34 16:06:35 16:06:38 16:06:38 16:06:41 16:06:44 16:06:44 16:06:52
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
A. Q. A. Q. A. Q. A. Q. A. Q.
October 27, 2005. The day you sold it to her? Correct. All right. And what time was it posted?
11/21, pacific. I'm sorry? 11/21, looks like pacific standard time. Pacific standard or daylight? Pacific daylight time I guess, P D T. But shortly after you sold it, this got right on
the eBay? A. Q. Correct. All right. THE COURT: Hold on a second. Yes, sir?
UNIDENTIFIED JUROR: little bit? It was -MS. PARKER: like that the whole time? UNIDENTIFIED JUROR: BY MS. PARKER: Q.
Could we focus that a
Oh, I'm sorry, yeah.
Was it
Thanks.
There you go.
Let's go back over this again.
Here, we have the
start time, October 27th, correct? A. Q. A. Correct. And the time, 11:21.05 P D T? Correct.
16:06:52 16:06:57 16:07:00 16:07:02 16:07:04 16:07:08 16:07:10 16:07:12 16:07:17 16:07:20 16:07:42 16:07:43 16:07:46 16:07:48 16:07:50 16:07:53 16:07:55 16:07:56 16:07:56 16:07:58 16:08:01 16:08:05 16:08:07 16:08:08 16:08:11
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Q. time. A. Q.
All right.
And that is 11:21 pacific daylight
Do you know if that's AM or PM? That's AM. So, that would have been about 1:21 Kansas City
time, assuming the pacific daylight time is two hours ahead of central daylight time? A. Q. Correct. And again, we have the identification of the
seller is Yellowhair Bargains? A. Correct. MS. PARKER: Your Honor, we have the next Would
video that's about six and a half minutes long. you like us to go ahead with that? THE COURT: MS. PARKER: Exhibit Buy 2.1. THE COURT: ready? MS. PARKER: And what exhibit is that?
That would be Government's
And that's been admitted all
No, that has not been admitted,
but before we got into it, I wanted to let you know the play time of that plus there would be the setting up the foundation testimony. THE COURT: With the time-frame that you
told me, I would ask you to continue. BY MS. PARKER:
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Q.
What was the next date, Officer Rantz, that you
went to the Yellow House? A. Q. October 31st, 2005. All right. And that is about three days after
you made your first sale there, correct? A. Q. A. Q. A. Q. A. Four days, yes. Four days. All right.
Four days after Buy Number One, yes. And when you got there, who was there? Miss Neighbors was. Anybody else that you remember? I don't recall. There were people in and out
each time. Q. A. Q. A. Q. that? A. It is a digital photograph of the outside of the What did you take with you? A new Apple iPod Shuffle. All right. That's it. Show you Government's Exhibit Buy 2.2. What's Anything else?
Apple iPod Shuffle. Q. A. And Exhibit Buy 2.3, what's that? It's a photograph of the serial number on the
outside of the iPod Shuffle box. MS. PARKER: The United States offers Buy
16:09:09 16:09:11 16:09:13 16:09:14 16:09:16 16:09:19 16:09:19 16:09:21 16:09:22 16:09:25 16:09:25 16:09:27 16:09:27 16:09:28 16:09:36 16:09:38 16:09:41 16:09:43 16:09:45 16:09:47 16:09:49 16:09:52 16:09:55 16:09:57 16:10:02
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
2.2 and Buy 2.3. THE COURT: MR. DUMA: THE COURT: Any objection? No objection. At this time court admits
Exhibits Buy 2.2 and 2.3. BY MS. PARKER: Q. up. A. All right. Let me put Government's Exhibit 2.2
What was that a photograph of? Yeah, it's a photograph of the Apple iPod
Shuffle. Q. was? A. Q. 99.99. Show you Government's Exhibit Buy 2.3. What is Do you know what the retail value of that item
this a photograph of? A. Q. It shows the serial number for the iPod Shuffle. Why did you care about recording the serial
number of the iPod Shuffle? A. Because we knew at one point, we were going -- if
the investigation continued, we wanted to have the serial number listed in case we seized that item back, and also, we had not made the determination of whether or not we were going to try to buy that item back. Q. All right. And when you got there, did you make
contact with Mrs. Neighbors?
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
A. Q. A. Q. A. Q. 2.1. A.
Yes, I did. All right. And did she buy it?
Yes, she did. And was that transaction also recorded on DVD? Yes, it was. All right. What is that? It's the DVD compilation of the audio and video Show you Government's Exhibit Buy
from the undercover operation. Q. A. Q. A. Q. A. Q. You've reviewed that for accuracy? Yes. And is it accurate? Yes. And what is Government's Exhibit Buy 2.1 T R? It's the transcript of the undercover operation. All right. And again, have you reviewed that for
accuracy? A. Q. A. Yes. And is it accurate? Yes. MS. PARKER: Your Honor, at this time United
States would offer Government's Exhibit 2.1 and -- Buy 2.1 and Buy 2.1 T R. THE COURT: MR. DUMA: Any objection? No, Your Honor.
16:10:50 16:10:52 16:10:57 16:10:59 16:11:01 16:11:09 16:11:31 16:17:19 16:17:24 16:17:27 16:17:30 16:17:31 16:17:32 16:17:34 16:17:37 16:17:39 16:17:42 16:17:43 16:17:47 16:17:48 16:17:49 16:17:52 16:17:54 16:17:54 16:17:58
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
THE COURT:
At this time the court does
admit Exhibit Buy 2.1 and Buy 2.1 T R. MS. PARKER: And government would request at
this time to be allowed to publish that to the jury. THE COURT: Please do so.
(Exhibit being played.) BY MS. PARKER: Q. Now, I'm going to show you what's been marked as What is that?
Government's Exhibit Buy 2.4. A.
This is the check that was issued to me by Carrie
Neighbors for the iPod Shuffle. Q. A. Q. And how much is that check for? $40. I show you what's been marked as Government's What is that?
Exhibit Buy 2.5. A.
This is the eBay posting for the iPod Shuffle. MS. PARKER: Your Honor, at this time
government offers Exhibits Buy 2.4 and Buy 2.5. THE COURT: MR. DUMA: THE COURT: Exhibits 2.4 and 2.5. BY MS. PARKER: Q. Okay. Now I'm going to display on the overhead That's the checks that Any objection? No objections. At this time the court admits
Government's Exhibit Buy 2.4.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Carrie Neighbors gave you that day for the iPod Shuffle? A. Q. A. Q. Yes. And what was the retail price? 99.99 at Target. All right. There was in the video a time when
the defendant was standing in front of a square thin object that looked like it was black. A. Q. A. That's a computer monitor. Could you tell what she was doing? I -- I don't know what was on the other -- what What was that?
she was looking up, but it appeared consistent that she was looking up the iPod Shuffle to see what she could buy it for on line. Q. A. Q. buy? A. Q. A. Q. that? A. Q. The eBay posting for the iPod Shuffle. All right. That is an iPod Shuffle that is 11 AM. 11 o'clock. Is that central daylight time? And that's when she came back and said it's $78? Yes. Now, what time of day did you go for the second
Uh-huh, yes, it is. Show you Government's Exhibit Buy 2.5. What is
consistent with the look of the one you sold her?
16:19:00 16:19:00 16:19:02 16:19:03 16:19:06 16:19:07 16:19:10 16:19:13 16:19:16 16:19:17 16:19:38 16:19:39 16:19:42 16:19:46 16:19:49 16:19:50 16:19:50 16:19:53 16:19:53 16:19:54 16:19:56 16:19:59 16:20:01 16:20:02 16:20:02
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
A. Q. A. Q. when? A. Q.
That is correct. Did you buy this back? No, I did not. Now, this shows that this was posted on line
October 31st, 2005 at 12:43. All right. So, approximately three hours after
you sold it to her, it was on line all ready being bid on? A. That is correct. MS. PARKER: five and a half minutes. Your Honor, the next video is If you would like us to stop,
we can stop here, or we can play it. THE COURT: MS. PARKER: BY MS. PARKER: Q. When was the next time that you went back to the We'll go ahead and continue. Thank you.
Yellow House? A. Q. A. Q. then? A. Q. I did. Now, each time you went, I think we've covered November 3rd, 2005. How many days after the second buy? Been three days. All right. And did you take some items to sell
16:20:06 16:20:08 16:20:11 16:20:12 16:20:16 16:20:16 16:20:17 16:20:20 16:20:21 16:20:25 16:20:28 16:20:29 16:20:30 16:20:36 16:20:37 16:20:37 16:21:01 16:21:01 16:21:05 16:21:06 16:21:09 16:21:11 16:21:12 16:21:14 16:21:16
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
this, but I wanted to do it again, you were always dressed like that mannequin standing behind you there? A. Q. In the exact clothes, yes. All right. And you were always wired for sound
and sight? A. Q. Yes. All right. What did you take to sell on this
third visit? A. Q. Two iPod Shuffles and a new electric toothbrush. All right. And where did you get the two iPod
Shuffles and the electric toothbrush? A. Q. sound? A. Q. that? A. This is a digital photo of the two iPod Shuffles Yes. Show you Government's Exhibit Buy 3.2. What's From Target. All right. And again, you were equipped with
that I took in. Q. A. Okay. Government's Exhibit Buy 3.3, what's that?
This is a photograph of the serial number of one
of the iPod Shuffles. Q. A. Q. Exhibit Buy 3.4? And this is the -I'm sorry, 3.5 I believe.
16:21:17 16:21:20 16:21:21 16:21:24 16:21:25 16:21:28 16:21:32 16:21:33 16:21:34 16:21:36 16:21:42 16:21:44 16:21:49 16:21:54 16:21:54 16:21:56 16:21:57 16:21:58 16:22:01 16:22:05 16:22:06 16:22:06 16:22:08 16:22:08 16:22:09
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
A.
Yes, 3.5.
It's a photograph of the other serial
number on the iPod. Q. All right. And finally, Government's Exhibit Buy
3.6, what's that? A. This is actually two electric toothbrushes. I
got two at one time from Target, but I only took one of them in on this occasion. Q. All right. MS. PARKER: And at this time the government
offers Government's Exhibits Buy 3.2, Buy 3.3, Buy 3.5 and Buy 3.6. THE COURT: In regards to Government's
Exhibits 3.2, 3.3, 3.5 and 3.6, any objection? MR. DUMA: THE COURT: admitted. BY MS. PARKER: Q. 3.2. Show on the overhead Government's Exhibit Buy Is this a photograph of the two Apple iPod No, Your Honor. At this time those exhibits are
Shuffles you took in that day? A. Q. time? A. Q. Yes. All right. And how many days after you had sold Yes, it is. All right. And you took both of 'em at the same
16:22:12 16:22:14 16:22:15 16:22:21 16:22:23 16:22:24 16:22:27 16:22:28 16:22:31 16:22:31 16:22:33 16:22:36 16:22:36 16:22:36 16:22:42 16:22:45 16:22:45 16:22:47 16:22:52 16:22:55 16:22:56 16:22:59 16:23:02 16:23:03 16:23:03
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
her the first iPod Shuffle did you take these in? A. Q. Three. And Buy 3.3 and 3.5 are just photographs of the
serial numbers of these items? A. Q. That is correct. The two Apple iPods. And you recorded those
serial numbers why? A. In case we were either going to buy them back off
eBay or if they were located in a possible search warrant. Q. back? A. Q. A. No. Buy 3.6, what's that a photograph of? It's a photograph of the two Sonicare electric All right. And did you buy either of these items
toothbrushes. Q. A. Q. All right. And you took only one this time?
Only -- yeah, that's correct. When you got to the Yellow House that day, about
what time did you arrive? A. Q. 11 AM. You consistently went fairly early in the
business day, correct? A. Q. That is correct. And that was because?
16:23:04 16:23:07 16:23:09 16:23:12 16:23:12 16:23:12 16:23:15 16:23:17 16:23:17 16:23:20 16:23:23 16:23:23 16:23:24 16:23:30 16:23:31 16:23:32 16:23:34 16:23:34 16:23:35 16:23:36 16:23:36 16:23:40 16:23:42 16:23:44 16:23:45
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
A.
Just to limit the possible exposure of number of
people who might be in there. Q. day? A. Q. Yes. And Government's Exhibit Buy 3.1, have you And did you audio and video record the buy that
reviewed that for accuracy? A. Q. Yes. And is that an accurate recording of both the
video and the audio portion of your contact with Mrs. Neighbors that day? A. Q. Yes. Government's Exhibit Buy 3.1 T R, transcript of
that conversation? A. Q. A. Q. A. Yes. And have you reviewed it for accuracy? Yes. And is it? Yes. MS. PARKER: Your Honor, at this time the
government would offer Government's Exhibit Buy 3.1 and Buy 3.1 T R. THE COURT: MR. DUMA: THE COURT: Any objection? No, Your Honor. At this time court admits
16:23:47 16:23:52 16:23:52 16:23:54 16:23:58 16:24:01 16:24:02 16:24:05 16:24:06 16:24:07 16:24:07 16:24:08 16:24:10 16:24:12 16:24:15 16:24:18 16:29:47 16:29:50 16:29:53 16:29:59 16:29:59 16:30:01 16:30:06 16:30:07 16:30:10
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Exhibit Number 3.1 and 3.1 T R. BY MS. PARKER: Q. Now, of the three items that you took in that
day, the two Apple iPods and the Sonicare toothbrush, do you know what the retail value of those items at Target was that day? A. Q. Yes, $268.97. All right. And who did you make contact with
that day? A. Q. Carrie Neighbors. All right. MS. PARKER: Your Honor, at this time the
government would request permission to publish to the jury Government's Buy 3.1. THE COURT: Please do so.
(Exhibit being played.) BY MS. PARKER: Q. And how much did she pay you for the two Apple
iPods and -- the Apple iPods and the Sonicare toothbrush? A. Q. that? A. This is the check -- copy of the check that was $110. Show you Government's Exhibit Buy 3.7. What's
written to me for the iPod -- two iPods and the
16:30:13 16:30:14 16:30:17 16:30:20 16:30:23 16:30:25 16:30:31 16:30:31 16:30:34 16:30:35 16:30:41 16:30:43 16:30:44 16:30:45 16:30:47 16:30:52 16:30:52 16:30:55 16:30:58 16:30:58 16:31:01 16:31:01 16:31:04 16:31:09 16:31:11
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
toothbrush. Q. A. Q. A. Q. Show you Government's Exhibit 3.8. It's eBay posting for iPod Shuffle. Exhibit 3. -- Buy 3.9, what is that? It's another posting for another iPod Shuffle. And finally, Government's Exhibit Buy 3.10, what What is that?
is that? A. It's a posting for a Sonicare toothbrush. MS. PARKER: Your Honor, at this time the
government offers Buy 3.7, Buy 3.8, Buy 3.9 and Buy 3.10. THE COURT: MR. DUMA: THE COURT: Any objection? No, Your Honor. At this time the court admits
Exhibits 3.7, 3.8, 3.9 and 3.10. BY MS. PARKER: Q. And Government's Exhibit Buy 3.7 that's up on the
overhead now, that is the check for $110? A. Q. Yes. And what did you say the retail value of those
items was? A. Q. $268.97. Did you ever try to talk her into giving you more
money for items like this? A. Umm, I think I negotiated from 10 to 20 on the
16:31:16 16:31:21 16:31:25 16:31:27 16:31:31 16:31:39 16:31:41 16:31:41 16:31:44 16:31:45 16:31:51 16:31:53 16:31:55 16:31:58 16:31:59 16:31:59 16:32:03 16:32:04 16:32:06 16:32:08 16:32:09 16:32:11 16:32:11 16:32:14 16:32:15
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
drill. Q. what? A. Q.
Umm, if I did, it was only slight increases. Government's Exhibit Buy 3.8, that was for the
It's eBay posting for iPod Shuffle. All right. And Exhibit 3.9 is also a posting for
an iPod Shuffle, correct? A. Q. That is correct. All right. And how can you tell that this is not
the same iPod Shuffle? A. Based on the item number that is in the upper
right-hand corner. Q. All right. And the item numbers are different
indicating that these are two different iPod Shuffles that are being sold? A. Q. That is correct. All right. And the iPod Shuffle in Buy 3.8, when
was that posted? A. Q. A. Q. A. Q. It was posted on November 3rd. What date? 2005. What date did you sell it to her? November 3rd. And the second iPod Shuffle shown in Buy 3.9,
when was that posted? A. November 3rd, 2005.
16:32:17 16:32:20 16:32:20 16:32:20 16:32:27 16:32:27 16:32:29 16:32:31 16:32:32 16:32:38 16:32:41 16:32:44 16:32:47 16:32:50 16:32:53 16:32:57 16:33:00 16:33:04 16:33:06 16:33:09 16:33:09 16:33:12 16:33:17 16:33:19 16:33:21
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Q. 'em? A. Q. that? A. Q. A. Q.
Again, within hours of the time that you sold
Yes. Finally, Government's Exhibit Buy 3.10. What's
It's a Sonicare toothbrush. All right. And that was posted when?
November 3rd, 2005. And on the second page of that, there is some What's that?
handwritten information. A.
On the Sonicare toothbrush, I wanted to be able
to see if she was -- actually had these photographs that were being posted all ready in a file or if she was actually taking a photo of the item I was selling her. On the Sonicare toothbrush, there was a small icon up above the E. It was a trademark register. What I did
was took a Sharpie, I colored it in black so that if the -- I would be able to tell if that picture was posted, if that was actually the toothbrush that I had sold. Q. All right. And the notation on there is black What's L 68?
dot put on by L 68. A. Q.
L 68's my badge number. All right. So, that was your notation that you
did that actual coloring in yourself?
16:33:23 16:33:24 16:33:28 16:33:31 16:33:35 16:33:39 16:33:41 16:33:44 16:33:46 16:33:48 16:33:54 16:33:57 16:34:01 16:34:04 16:34:07 16:34:11 16:34:14 16:34:18 16:34:21 16:34:24 16:34:27 16:34:28 16:35:10 16:35:21
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
A. Q.
That is correct. And so, the black dot on that Sonicare logo told
you that this was an actual photograph of the item that you had sold to Mrs. Neighbors on November the 3rd? A. That is correct. THE COURT: we would please. Stopping point at this point, if
Jury members, please remember your
admonition which is a little bit different in the evening, which is that no one's to talk to you about the case. If they do, please let us know. Also, it's not
proper for anyone to do any type of independent research or investigation. Again, the only place you'll receive Also, disregard And that
evidence is here in the courtroom.
anything in the media from whatever source.
includes participating in any type of social media. Finally, as you head back to your vehicles, even among yourselves, you can't talk about the case in any shape, way, or form. And again, that includes any Have
conversations that would take place at your homes.
everyone back tomorrow morning same time a little bit before 9 o'clock. Thank you.
(4:35 PM, jury left.) THE COURT: Court stands in recess.
(Whereupon, court recessed proceedings.)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 S/_______________________________ Nancy Moroney Wiss, CSR, CM, FCRR I, Nancy Moroney Wiss, a Certified Shorthand Reporter and the regularly appointed, qualified and acting official reporter of the United States District Court for the District of Kansas, do hereby certify that as such official reporter, I was present at and reported in machine shorthand the above and foregoing proceedings. I further certify that the foregoing transcript, consisting of Day Two - Jury Trial - Pages 1-280 is a full, true, and correct reproduction of my shorthand notes as reflected by this transcript. SIGNED March 4, 2011. C E R T I F I C A T E

DAY 2 Trial of Carrie Neighbors

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DAY 2 Trial of Carrie Neighbors

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USA V CARRIE NEIGHBORS 1

For the Defendant:

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 2

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 3

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 4

We had to add a chair in the end for

Good morning. Thank you. Hopefully everybody We had a

We're ready to go.

full day yesterday as you're aware.

you're now aware of selecting this jury. most of our day.

But we did start with the trial late

first witness, the United States will call United States

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 5

Thank you, Your Honor. DAVID NITZ,

into the testimony of Office-- of Agent Nitz, I would

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 6

not be objections to it being admitted.

Thank you, Your Honor.

investigation that has been referred to as the Yellow

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 7

Inspection have in this case? jurisdiction to investigate? A.

What allows the inspection service to have

Before that, I was a postal -- or excuse me, an

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 8

probably include mail fraud and mail theft.

for compliance with tax laws.

involved in this? A. Lawrence Police Department contacted the

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 9

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 10

I'm going -- may I approach the witness, Your

THE COURT: BY MS. PARKER: Q.

to put the box over here for simplicity sake.

Government's Exhibit 103 is for an Intrust Bank

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 11

identify that please? A. Yes. Government's Exhibit 105 is Intrust Bank

Government's Exhibit 107.

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 12

for account ending in 1169. Guy's Store. Q. A.

ending in account 90223.

It is for Carrie M. Neighbors,

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 13

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 14

115 is the same type of notebook containing

Exhibit 116 is a notebook for checks and summary

is that? A. Exhibit Number 118 is for checks written from

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 15

122 is the checks and summary chart for checks

123 is for checks and summary charts for checks

Exhibit 124 is for checks and summary charts for

NANCY MORONEY WISS, CSR, RMR, FCRR