for the distric of kansas

8/14/2019 For the Distric of Kansas

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FOR THE DISTRIC OF KANSAS

UNITED STATES OFAMERICAV. Plaintiff,

GUY M. NEIGHBORS

Defendant,

~ . ( . l ACase No. 07-20124-01-0#DJW

Notice of Motion Requesting aChange ofVenue and to HaveBoth Prosecutors RecuesThemselves from Said Cases asTo Avoid the Appearance ofA Conflict of Interest.

Comes nowDefendant Guy Neighbors pro-se, and asks the honorable courtto change the venue of all the cases UNITED STATES V.GUY NEIGHBORS& CARRIENEIGHBORS 20124-01-01, 07-20073-01j02jwljdjw, 08-20105jwljjpo, from the State of Kansas to the State of Nebraska, and that theProsecutors Marietta Parker and Terra Morehead Recuse themselves fromthe cases on the grounds that the Defendants cannot receive a fair trial orbe tried by an impartial prosecutor in the State ofKansas.

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Wherefore the defendants pray that the courts will grant thisrequest in the interest of Justice, and the defendants would respectfully askthe honorable court to court to consider the special circumstancessurrounding this case in that the prosecutor is now acting District Attorneyfor the District of Kansas and the defendants have filed motions claimingprosecutorial misconduct, have exhibits from other defendants that willshow a pattern of abuse and said defendants have filed a complaint againstthe prosecutors under 42 U.S.C. 1983 for Civil Rights Violations.The prosecutor now has a vested interest in getting a conviction above and beyondthe interest of Justice. The defendants pray the court will entertain this pro- semotion as to avoid any appearance of a conflict of interest that could prejudice thedefendants.The 14thAmendment guarantees the fundamental rights of citizens to dueprocess and such rights require the scrutiny of the Court. I f the Courtdecides that it has the right to deny the defendants due process by refusingto consider their pre- trial pro-se motions, then the Court is failingto insurejustice in this case. Alternatively if no change of venue is granted, then thedefendants ask for a dismissal of all charges.Because a defendant has no constitutional right to hybrid representation,the decision to allow such representation lies within the sound discretion ofthe trial court. This case merits such a need for pro-se motions because theProsecutors control over the defendant's attorneys have caused prejudiceupon the defendants in this case.Although many jurisdictions have refused to recognize a right of counseleddefendants to exercise their 6th Amendment right to lend assistance of their

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counsel in their own defense, it is ultimately left to the discretion of thetrial court to determine whether such participation is permitted (see, e.g.,United States v Einfeldt, 138 F3d 373,378 [8th Cir], cert denied 525 US851; United States v Tutino, 883 F2d 1125, 1141 [ad Cir], cert denied 493 US1081; United States v LaChance, 817 F2d 1491, 1498 [t ith Cir], cert denied484 US 928; United States v Mosely, 810 F2d 93,97-98 [6th Cir], certdenied 484 US 841; United States v Halbert, 640 F2d 1000, 1009 [oth Cir];State v Frye, 224 Conn 253, 256, 617A2d 1382, 1384-1385; State v Long,216 N.J Super 269 275-276, 523 A2d 672,675-676).While there may be circumstances where the unjustified refusal toentertain meritorious pro se motions would constitute an abuse ofdiscretion, that circumstance does not apply when a defendantsConstitutional rights are jeopardized.

DEFENDANTS HAVE A CONSTITUTIONAL RIGHT TO BE HEARD

The decision to allow hybrid representation implicates the trial court'sfunction in ensuring the orderly administration of the proceedings and thespecial circumstances in this case. (see, People v Mirenda, supra, 57 NY2d,at 266). As such, it is a matter committed to the sound discretion and of theTrial Judge,The defendants respectfully ask this court to change venue or dismissthrough this pro se complaint under oath alleging violations of civil and


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Constitutional rights, conspiracy, direct conflict of interest, andprosecutorial misconduct, and therefore the courts must read thecomplaint's allegations expansively, Haines v. Kerner, 404 U.S. 519, 520-21,92 S. Ct. 594, 596, 30 L. Ed. zd 652 (1972), and take them as true forpurposes of deciding whether they state a claim. Cruz v. Beto, 405 U.S. 319,322,92 S. Ct. 1079, 1081, 31L. Ed. zd 263 (1972). Moreover, "the court isunder a duty to examine the complaint to determine if th e allegationsprovide for relief on any possible theory." onner v. Circuit Court of St.Louis, 526 F.2d 1331, 1334 (8th Cir. 1975) (quoting Bramlet v. Wilson, 495F.2d 714, 716 (8th Cir, 1974)).Th e re a re f u n d a m e n t a l r i ght s o f citizens to d ue p ro c e s s a n d s u ch r ig h tsr e qu i re s tr ic t s c ru t in y o f t h e Court.

The courts have assumed that the sixth amendment rights to representationby counsel and to defense pro se are mutually exclusive. Under the hybriddefense the defendant has the active assistance of counsel but may alsoparticipate in his own defense as co-counsel. A necessary tool to ensurejustice when the defendant has been prejudiced by the restrictions placedupon th e defense by the Prosecutors in th e case.The defendants are currently represented by competent counsel bu t areforced to me motions pro-se because the Prosecutor has created prejudiciallimitations upon the defense attorneys, by violating the defendants right toassist their attorneys in their own defense, and controlling throughlimitations how the defense attorneys handle the defense of their clientsthrough the "contract to withhold discovery from the defendants" This is astandard contract that the prosecutor has forced the defense attorneys


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representing clients in cases she is prosecuting to sign. All defenseattorneys in USAv. Neighbors have confirmed they were forced to sign thiscontract before accepting the case. (see exhibits 1 page 1 &2, a copy of TerraMoorhead's illegal contract to withhold discovery from defendant) inviolation of Federal Rules of Criminal procedure, rule 16, which clearlystates the defendant has rights to the discovery. At no time does Rule 16say the prosecutor has a right to force the defendant's attorney to sign acontract to withhold discovery from defendant, nor does this Federal rulegive the Prosecutor the right to only disclose the discovery to thedefendants attorney)The Prosecutor has made it nearly impossible for the defendants to assistin their own defense, by forcing the defense attorneys to sign a contract thatdoes not allow the defendants to view, copy, or obtain the evidence that isbeing used against them. A clear violation of the defendant's rights.

Paid attorneys hired by the Neighbors have been threatened with "MoneyLaundering" charges by the Federal prosecutors in an attempt to controlthe defense. (see exhibits labeled money laundering #2)(Defense attorney Sarah Swain told the defendants the prosecutor hadthreatened her with "Money Laundering" and therefore would need allfuture payments to be made with credit cards. Defense Attorney AaronMcKee was threatened with "Money Laundering" and requested that thedefendants set up a paypal account using someone else's name in order topay him, then as shown in the exhibit even placed the request for paypal onthe bill. After the defendants accused the Attorney of coercion with theprosecutor the payment option was removed. See Exhibit #2 pg.z )

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This hybrid pro-se motion accommodates the fundamental valuesunderlying the sixth amendment and should be recognized as theconstitutionally compelled approach, for defendants implementing "theright to assistance of counsel."

BACKGROUND:I t is a matter of fact that the Prosecutor Marietta Parker has a direct conflictof interest in Prosecuting this case and do to the fact she is currently theActing United States Attorney for the District of Kansas, overseeing theDISTRICTOF KANSAS Department of Justices in Topeka, Wichita, and KansasCity, and is currently in direct control of overseeing over 100 attorneys.The defendants cannot possibly be assured a fair, un-bias and impartialprosecution and trial in the State of Kansas. The disqualification ofGovernment counsel is indeeda drastic measure" Bullock v. Carver, 910 F. Supp.551, 559 (D. Utah 1995) "where it is shown that anAssistant UnitedStatesAttorney is subject to a conflict of interest, the proper remedy generally is toremove that individual from the case. Crocker v. Durkin, 159F. Supp. 2d 1258,1284-85 (D.Kan. 2001).

During the course ofthe investigation starting in 2005 into the YellowHouse Business, the Defendants and their defense attorney along withnumerous witnesses turned in formal complaints alleging Policemisconduct, color of law violations, racial profiling, rules of evidencehandling violations, evidence storage violations, due process of law


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violations, search violations, false arrest, forgery of legal documentation,harassment and coercion of witnesses, along with the allegation of analtered video being presented to the courts as evidence, and several monthsof covert surveillance from the Fire station across the street, absent of acourt order. These complaints inadvertently were sent to the Prosecutor,yet the Prosecution has excluded all of this exculpatory evidence from thedefendants discovery files handed over to the defense attorneys in the case.(In a direct conflict of interest) All these complaints were forwarded byInternalAffairs Sgt. Dan Ward under the direction of Chief Ronald Olin, tothe Kansas City Department of Justice, and ended up in the prosecutor ofthe case; AUSA Marietta Parkers office for review and action.In support of this allegation: (see exhibit #3 letter from KUPolice DirectorRalph V. Oliver informing the Neighbors that the complaint was forwardedto the AUSA Marietta Parker and all further complaints should beforwarded to her.) Also see Chief Olins letter to attorney Sarah Swainadvising thatMarietta Parker was the one to address complaints to. (Inexhibit #4 pg. 5)Instead of insuring justice on behalf of the defendants rights violations,the USAttorney's officehas conspired with law enforcement, staged an FBIinvestigation (see FBI exhibits #4 pages I through IS)(Exhibit #4 page 1 &2, Signed affidavit by Laura Helm stating she waspicked up by two officers posing as FBI agents.)(Exhibit #4 page 3 & 4, Interview-statement by Brad Perico to PrivateInvestigator Cecilia Woods stating he was contacted by two officers

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claiming the FBI was investigating the YellowHouse and had him on tapegoing into the business with a drill.)

(Exhibit #4 page 5, Letter to defense attorney Sarah Swain from PoliceChief Ron Olin stating that he could not release the identity of the FederalInvestigators, that Police posing as FBI would be a crime, and that SpecialAgent Bob Shaefer had spoken to her about the issue. He also states thatfurther correspondence concerning the case should be directed to u.S.Attorney Marietta Parker.)(Exhibit #4 page 6 & 7, Letter to Sarah Swain from the FBI explaining thatu.S. Attorney Marietta Parker sent FBI Special Agent Walter Schaefer toinvestigate the allegations of police posing as FBI agents, verifying 60 dayshad passed and made reference to repeated unanswered phone calls madeby Swains office to the FBI in an attempt to set up further meetings with SASchaefer. According to Special Agent Scott Gentine from the Topeka FBI,the letter was Signed by a retired special agent Kevin Stafford, sent byTimothyA Gallagher)(Exhibit #4 page 8, letter to Bob Schaefer FBI, from Defense attorney SarahSwain)(Exhibit #4 page 9 & 10, article in LJworid newpaper that the FBI wasinvestigating the conduct of police in the Yellow House investigation. JeffLanza also confirmed the FBI was not involved in the YellowHouseinvestigation.)(Exhibit #4 page 11, article in LJworid Newspaper stating that the FBIinvestigation was stalled and that the FBI had not received a formal


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complaint. Even though the defense attorney had attempted multiple timesto set up meetings, some days attempted to call SASchaefer 6 times'without a return call, left messages and faxes for SASchaefer.)(Exhibit #4 page 12, Article in LJworld Newspaper confirming the FBI hadcompleted the investigation and cleared the police of misconduct.)(Exhibit #4 page 13, letter to Agent Schaefer from Defense attorney SarahSwain letting him know she had forwarded a sworn affidavit of illegalconduct by the Lawrence Police, and had made numerous attempts tocontact him about the matter but had gotten no response from him.)The Government in a controlled reaction, used the information containedin the complaints forwarded to her, to use her team of investigators toretaliate and conspire against the defendants and then in an abuse of herpower, also controlled the defense attorneys handling the case.

In order for a defendant to prove conspiracy the defendant need not allegepersonal involvement by all the parties. When a person is part of aconspiracy, one does not require a hub and spoke form. One need only bepart of a chain of conspirators.Law enforcement officers Jay Bialek, Mickey Rantz, Michael Riner, PoliceChief Ron Olin, Postal Inspector David Nitz, IRSAgent Robert Jacksonand the Kansas City FBI Agent "BOB SHAEFER"Walter Robert Schaefer,were employed by the Prosecutor as her agents to do the dirty work on herbehalf, outside of their agencies jurisdictions with her full knowledge andapproval. In conspiracy to cover-up, conceal, obstruct justice, and limitliability in order to avoid accountability for the Governments unjust actions


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enforcement against a wrongly accused citizen other than that theyhad joined into a common purpose with the team.

4. The unlawful acts against the defendants have greatly prejudiced thedefense and have been documented through photographs, video'sand voice recordings, court documents, affidavits, and testimonyunder oath during various hearings before Federal Judgesoverseeing this case.

These are very serious allegations and this court has a dutyto the Constitution to protect the integrity of the courts.Therefore, this District of Kansas court, which has a primafacia conflict of interest, has a d ut y t o construe this pro- semotion very liberally and grant the defendants request forchange of venue or dismissal o f charges, in order to protectthe public perception of the integrity of this court.

A FAIR TRIAL FOR THE DEFENDANTS IS NOT POSSIBLE INTHE STATE OF KANSAS or MISOURI-_ ._-- .._----_ .._ -AUSA prosecutor Terra Morehead has interfered with th e DefendantsGu y an d Carrie Neighbors fair chance to defend themselves.

Terra Morehead originally charged the defendants with being unlawfulusers with firearms. A statute that the case did not qualify under.Because the defendants had no criminal history, there was no evidenceof habitual drug use, and the firearms were expensive collector "non-


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qualifying" firearms unloaded and unlawfully seized without a warrant bylaw enforcement from a locked safe.

During several hearings before Federal Judges, law enforcementofficers have read fabricated stories by witnesses and lied underoath, to the court .

The prosecutor has taken things out of the defendants discovery. Certainthings that were seen in the discovery while in the possession of pastattorneys Bruce Kipps, Philip Gibson, Alex McCauley and James Georgehave been changed or switched out. ie. Police evidence reports,statements, search warrants, receipt for same list.The Courts have been made aware of the fact that the false testimony byconvicted felon Patrick Nieder was presented before the Grand Jury inexchange for an 8 year reduction of his prison sentence.On July 1, 1998, a 3-judge panel of the 10th Circuit, U.S. Court of Appealsdelivered a decision, in the case U.S. v. Singleton, The 10th Circuit ruled thatbartered-for, testimony in federal criminal court is not only illegal andinadmissible, but technically punishable by a substantial fine, and/or up to 2 yearsin prison.Prosecutors have offered both cash payment and leniency to some witnesses, andoffered plea deals to louis Parsons and James P. ludwig in exchange fo ranticipated false testimony at trial claiming that the Defendant Carrie Neighborsconspired with them to conceal the conspiracy, absent of any existing evidence tosubstantiate these claims. It is the responsibility and duty of the prosecutor toalways try to substantiate (what) any witness fo r the government is going to besaying.In a separate case in a 31-page ruling U.S. District Judge William J.Zloch threw outthe testimony of three accused drug defendants on grounds that it was solicited


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with a prosecutor's promise of a reduced sentence a violation of federal briberylaws, he ruled. In this case."U.S.Code, Title 18, Section 201(2) (the 'bribery statute'

could not be more clear. It says: Whoever . . . directly or indirectly, gives, offers orpromises anything of value to any person, for or because of the testimony underoath or affirmation given or to be given by such person as a witness upon a trial,hearing, or other proceeding, before any court authorized by the laws of theUnited States to hear evidence or take testimony shall be fined under this titleor imprisoned fo r not more than two years, or both."

A sting video was altered, and there is documented missing evidence,from the police evidence locker, but the Federal Prosecutors havecontinued the prosecution of this case anyway.The Prosecutors have used their influence and power of authorityto control the Federal Agencies, witnesses and Defense attorneysinvolved with this case.And have exercised in a similar pattern of abuse of power in othercases as well.(See exhibit #5 pages 1-5, JOHNNIEWILLIAMS III, case 06-2004701-cm. letter to Chief Judge Lungstrum alleging misconduct byProsecutor Terra Morehead)(Exhibit #6 pages 1-5, JASON McKINNEY dated June 30,2008complaint sent to The Office of Disciplinary Administrator, allegingmalicious prosecution by AUSA Terra Morehead.)(Exhibit #7 pages 1-4, James McKeighan letter to The HonorableJudge Lungstrum dated Jan. 22, 2007, alleging ProsecutorialMisconduct against Terra D Morehead)

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The Prosecutors have interfered with the defense attorneysfiling motions on behalf of their clients.

1. IE. The Neighbors requested that Attorney Phil Gibson file a motionto release an illegal lis pendens placed against their property by theProsecutor. The motion was filed and Judge Murguia scheduled ahearing the following week. Mr. Gibson then canceled the court date.After 3 week delay, the motion was refilled and four days later theProsecutor filed a Superseding indictment to moot the motion. Withthe sale of the house still in limbo and the buyers getting anxious thedefendants asked Mr. Gibson to refile the motion, he agreed to refilethat weekend but then, even after repeated requests from thedefendants never did refile the motion. After several more weeks thesale of the house had to be terminated.

2. The Prosecutors in this case have violated the Neighbors Bill ofRIGHTS!

3. Amendment V.- Deprived the Neighbors of life, liberty, and property.A- Life- The Prosecutor has had the Neighbors arrested by agentsoperating outside their Jurisdictions several times, searched, andheld in custody, using statutes and laws that do not apply. Ruinedtheir business, reputations within the community, the false allegationshave cost the Neighbors their Foster care license and their affiliationwith the Big Brothers program, In 2005,Prior to any charges beingfiled the Government contacted ebay and made false unsubstantiatedallegations resulting in the immediate suspension of the defendantsseller account and also resulted in the defendants money in thePaypal account being frozen., greatly affecting the defendantslivelihood and ability to run their business and pay bills.


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prosecution allowed the defendants to see the list of witnessesscheduled to testify at trial on behalf of the prosecution.C- The Prosecutor has forced the Neighbors to loose paid attorneys,and then forced them to use court appointed attorneys that are willingto sign her contract and allow her to maintain a strong influence overthe handling of the defense.

CONCLUSION;

This court has a responsibility to assure that its regulations are conceivedin the public interest and not in furtherance of self-interests. Every lawyerand prosecutor is responsible for observance of the Rules of ProfessionalConduct. Neglect of these responsibilities compromises the independenceof the profession and the public interest which it serves.The United States is a government of the people, by the people, and for thepeople. The judicial system's function is to serve the public by providing ameans to serve justice and to resolve disputes. This can only be done in anenvironment where honesty, integrity, and high moral standards are strictlyenforced.There is an obvious mix of Conflict of Interest and Special Circumstancesin this case that together will prevent the Neighbors from entertaining their


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Constitutional right to a fairand impartial prosecutor. Since the judicialsystem is self-governing and is therefore responsible for policing itself, ithas become obvious that theNeighbors cannot possibly expecta fair trialunder these circumstances. Therefore the Neighbors respectfully ask thecourts to grant this Pro-se Motion to Change of Venue orDismiss allcharges.

o /5 Pm.s- f"YlcI 07 \ ) S J j 1 jLb r..J Cjy f J " ' e ~ t -4\'5ft")jU+- ,+{z ( C J ~ r " \ - I ;/V17 qJd-o ' VU l o f~ f'-v 'J-


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U.S. Department of JusticeEric F.MelgrenUnited StatesAttorneyDistrictof Kansas "'>"'/1.1XJ//rII

. United States vs. James McKeighanCaseNo. 06-20066.QI-IWL

Kansas City OfficeS",ilL! 160500Stak Awn""Kansas City, Kw",66101U33TEL{YJ3) 5 5 ! ~ 7 ] 0FAX (913) 551-65n'TOD (913) 551-M66

WichitallOOEpic C

\. 301 N.V Wichita, Kanras 67101TopekaU4 QS.ltTape*". Kanuu 6 6 ~ ] -

1herebyacknowledge as counsel for theabovecaptioneddefendant, thatI am in receipt, onloday's date, ofdiscovery consisting of oneClxwhh pageswhich are bates-stamped from 0001 Pll'3 . Bysigning below, 1furtheragree lhatI will not showthe pages ofdiscovery to myclienl orprovide copies to' anyone including illY client Finally, in the event that Iwithdraw from this case, I wreturn all discovery to the U.S.Attorney's Office So that it canbe properly disseminated to substituteCOWLSel. This agreementwiJI also applyto any furtheror future discovery providedby theGovernmein this case.

?if C J ' c - r ~ ~S.A.ScimecaAttorney for JamesMcKeighan

Date

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rr-. ,U.S. Department of JusticeEric F. MelgrenUnited States AttorneyDistrict ofKansasJune 5, 2006

Tim Scimeca313 North SenecaWichita, KS 67203

KansasCityOfficeSuireJ60500 Stare Al'enueKansasCity, Kansas 66101-1433TEL(9J3)5516730FAX{9lJ} JJl6H1TDD(f)I3)5516666

Wichita OffICe1200.picCenter301N.MainWichita. Kansas67l01Tope1:a ODie 1 ~ contacted tty two men while 1was !it&ying al my

bmlher"s tRay Mayberry) residence located ar 2200 Harper. e44 lawrence, K5. I amunsureof the date. but J dl l rc:l.:w! ,t ~ ; 1 5 several weeks ago llr'Id it 'MIS d u r i ~ !he week. (belie..e. but ( urn not certain, that the dale Yle3C' two men I;nntac[ed and uuervie)\\!'d mewa t .\1arch 6. 2006betweenQ:OO a.m. J0:00a.m.

Tbat. these twomen, a p p m a c l l . ~ d m ~ re.sidence andasked to 51'tak withme, I canbest describe the IirsL man as a "\.\11m. 5'05". a little ~ I ! y and short s.piky blonde- hair.T h i ~ man did rnosr of the tatking during our contact. He ~ i his n a D l ~ . which I do nOIre-call. and i ~ . u d ! h e ~ worked with the "Federal Bureau of invesligBi:ion." He cUd not ':!lUy'!11 flit: ~ -nivl ' I J < - ~ entire Surecu nc.ne. Ihe second man was a wzm, !hort d.a.rk. hair.6rj" and 3. b i i i ! ! ~ T build. than the firsr man. The second man did DOl say much. The' ; " ~ l ' ~ t ; ""!'ut1 .!.oJ 1t.:'!1 m ~ i ,ra:'" om il'l trouble, but GUY andCarrieNclJlhbors were. Bothmen were -i-;m))an) dressed il l ~ } u . and shirts, T h ~ y both wore a ~ . d B e nn Ltu:ir belband h;K1 guns in holsters madeof lightcolor leather that Wi1.'J abo worn on their waist.

ru.. !hliO :\r-;( man told nit! : naJ [0 tall to them." 1 asked 11 m i f it "had to bercdev," He ii11,J j( Lilli nm aave [0 be 1000,.. aUG m l l : ! : ~ agreed aJcome tJIKk Uk t"oll'll\\lllltrJa... These , , \ 1 1 1 \ : l . ; ' ~ retuned 11"1..: 'll!'XI , - 1 a ~ .mc rkl-:o;:.i rue ' ; . J ~ in ": h : ~ blue ':;::'V !'I.r.;oYt:i'uc.le. : J1J not want to W(I with the-n.blJtfeit lrum the way [hey WC.l:'e ming mat I did1101 have ;] cboiee. T I l ~ drove me.' 'v the- Lawrence Police Department at 11' and\lassachl,;k"tT:t ~ l ~ t : r . Lawrence. K'S. we went mstde the i:'Iuilding tnrough an lJutsidedoor. I n ~ t . : . : J . l ! f h min .murinM In


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(,Dnd Perko ; . . ") 2-"" ( ,1008 AlmaLawreoee, KS. 66847An attemptwas madeto contactBrad at thisaddress. Theman residingat thisduplexreported therewas noPerieo at this locationand hedidnotknow the name. Anotherpossible addresswas located forBrad Perico:Possibleaddress:4500OverlandDrive#105Lawrence, Ks.Brad calledthe office from 785-841-0227. Arrangements weremade foran interviewon03mJ2006 at Culver's ~ u r a n t at 4:00p.m, Bradreportedhe wanted to get thissituationstmightened out Hesaidhehad been in to see Carrie Neighborsand shetoldhim not to comebackaround. She toldhim to callme and talk about this situationbeforeheretumed.Brad reportedhewas recentlycontactedby Lawrence PoliceDetectives. He recalledoneDetective asJayBialek. He did not know the other Detective but he describedhimas aw/m, 6'0",with short brown haircombedon theside, Brad saidhewssat a friend'sapartmenton RedbudStreet approximately three weeksago. Hesaidhe was leaving theapartment andwalking to the front locked entrywaywhenhe sawtheDetectivesat thefront lockeddoor attempting to 'jimmy the lock." Brad saidhe is certain thecopshad tohave followed himover to this Redbud address,becausehe knowsofnoother way theyknewhewas there.Brad saidBialektold him theYellowHousehad been underfederal investigation f0l'7-8months. He toldBrad, Carriehas beenunder federal investigation and "She is goingdown" and "She will takeherhusbandwith her." Hefurther said the FBI hadhim (Brad)on surveillance tapeat theYellowHouse takingin adrill. He said they questionedhimabout the drill. He explainedto them that he has done autobody work for yearsand hada lot of tools. He said the detectivestoldhim, "Weknowyou are in trouble." Brad saidBialekalso told him, "We knowyouknowwhat's goingdown." Bialektold himhewouldget himhelpwith the (6) municipal citationshehad ifhe wouldhelp them with theYellow Houseinvestigation. Brad saidhe told themhe would thinkabout it, buthe knewhe wouldnot help them. Bradsaid he wouldn't do this becausehewas friendswith Guyand Carrie. He saidDetectivesat the LKPD had alsolied tohim in the past and havenotcome throughwith their promises, sohe did notwishto help them any longer.Bradsaidwhile theDetectiveswere talking to him outsideof the apartment building onRedbudStreetthey startedto handhim a businesscard. He said lllId he told themnot bebanding himtheircards in public. He saidhetold Bialekto drophis business card on theground and hewouldpick the card up later. Hesaid didpick the card up. Hesaid thiswas the cardhe accidentally handed Cameonedayat theYellowHouse. Bradsaidhefigures theDetectiveswere targeting him toworkwith thembecause he bad these priortickets. He also saidhe was stoppedabout 1 liz monthsagoand ticketedfur a DWS.

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Brad saidTerik Katib is apparently the Detective's superviser, H seidTcrik does notlike him. Brad further explained that he did a lot of informantwork for theLawrencePolicedepartment in the past. He said,more specifically, he did a lot ofwork forOfficerScott Peck. Brad saidhewas theConfidentialInformantwho assistedPeck in his drugrelated investigationswhen be waswith the policedepartment. Hesaid Peck came underfire byJudgeMaloneand hewas accused of falsifyinghis affidavits. Brad saidhewaseventuallyexposedat the CI and the Judge said that he (Brad)was not a trustworthywitnessor informantand that iswhy Peckwas ultimatelyfired.Brad said it was approximatelythereweeks ago he went to seehis friend JesseDelCampoat his restaurant "The SlowRide" in north Lawrence. He said he sawhe sawa lot ofcops in there eatingand drinking. Jesse told Brad later that after he left, the copstold himto stay away fromhim. Brad said theSlowRide is a new hangout for the cops.Bradnoted it was shortly after bewent into the SlowRide that the detectivescontactedhimon RedbudStreet about theNeighbors.Bradsaid hewas at Kohl's last weekand he sawBialekcomingout of the back room ofthe store. He said they engaged in small talk and Bialekasked if hehad givenanymorethought to what they talked about earlier. He saidBialekadmittedKatib "had it out forhim." He said somecops apparentlydid not like the personal relationshiphe(Brad) hadwith Peck.Brad saidhis old girlfriend is KimFilcher. Kim is a sisterto CarrieUrbanek. CarrieUrbanekworksfor theDouglasCounty Sheriff's DepartmentDrugUnit. She ismarriedto LieutententRay Urbanek.Brad saidhe believes the two pawn shops in town are raising hell about the yellowHouse. He thinks this might havebeen one of the reasons they arebeing targeted again.

END OF INTERVIEW

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~ ~ / ~ ~v7 ~ A N SA SW. Ronald Olin, Ph.D.

Chiefof PoliceApril 20, 2006

Sarah Swain, Attorney at Law601 Missouri, Suite 3Lawrence, KS 66044Dear Ms. Swain:

MikeWildgenCity Manager

I am in receipt of email correspondence between you and Officer Bialekregarding the ongoing investigation involving your clients, Guy and CarrieNeighbors. It is my understanding that you wish to speak with the Federalinvestigators involved with the investigation of your clients. Officer Bialekassures me that he has contacted the agents involved and has informed them ofyour wish to be contacted. Additionally, I am aware you have been in contactwith U.S. Attorney Marietta Parker who is handling this case at the federal levelfor prosecution. The Lawrence Police Department will not release the identity ofany Federal investigator who is involved in the case.Your most recent email isofsomeconcern.asit could be read as anattempt to report potential criminal activity. If this is your intention and theactlvmes in question took place in the City of Lawrence, please feel free to file apolice report with our department. If these activities took place elsewhere,please contact the appropriate law enforcement agency from that jurisdiction. Ibelieve Sergeant Mike Pattrick from this department as well as Special AgentBob Shaefer with the FBI has spoken with you in person about these very issues.Any further correspondence concerning this case should be directed toU.S. Artomey Marietta Parker. if you need 10 correspond with anyone in theLawrence Police Department, please do so in writing, instead of email ing aspecific officer so that it may be routed and handled appropriately. You arewelcome to address your correspondence to me.

Very truly yours,

W. Ronaid Olin, Ph.D.Chief of PoliceWRO:mrp

Investigation & Training Center- 4820 BobBillings Pkwy. Lawrence, KS 66049 (785) 830-7400Law Enforcement Center, Parrot & Records Division> I I I EaSI l lth Street> Lawrence, KS 66044 (785) 832-750ICity Hall 6 East 6th Street> Lawrence, KS 66044 (785) 832-3000

www.lawrencepolice.org


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............~ '

I)In Reply, Pfense Refer toFileNo. 194-KC-C81080

Sarah ,G. Swain601 MissouriSuite 3Lawrence, Kansas 66044Dear Ms. Swain:

U.S. O ~ p a r t l t l ~ n l of Justice

Federal Bureau of Investigation

1300 SummitJuly 7, 2006

The Kansas City Office of the Federal Bureau ofInvest igat ion (FBI) i s in receipt of your l e t t e r to Special AgentWalter R. Schaefer, which was facsimiled to the Kansas CityDivision of the FBI on June 30 , 2006. The Kansas City Divisionof the ;'SI i s also in receipt of a facsimiled Affidavi t which wasallegedly prepared by Laura Helm on April 22, 2006. ThisAffidavit was received by the Kansas City Division of the FBI onJune 15, 2006.As you are aware, Special Agent Schaefer vis i ted youroff ice on April 19, 2006, as a resul t of your public al legat ionsand correspondence to Assistant United States Attorney, Mariet ta

Parker, tha t members of the Lawrence Police Depar tment wereconducting an invest igat ion and ident i fying th emse lv es as FBIagents .On April 19, 2006, when SA Schaefer vis i ted you in youroff ice a t 601 Missouri, Suite 3, Lawrence, Kansas 66044, youadvised him,that you had ten to twelve witnesses Who claimed tha tmembers of the Lawrence Police Department ident i f ied themselvesas FBI ,agents during an inves t igat ion.On April 19, 2006, SA Schaefer requested those namesand you advised him tha t you,did not have the names and tha t yourinvest igator , Ceci l ia Wood, had those l i s t s of names.


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From April 19 , 2006, unt i l June 16, 2006, (sixty daysla ter) the Kansas City Division of the FBI and SA Schaefer had notreceived any correspondence or information concerning youri n i t i a l al legat ions.The two meetings you referenced as scheduled with SASchaefer in your l e t t e r dated June 30, 2006, were set by youwithout verifying the avai labi l i ty of SA Schaefer.Any future meetings/interviews should be verballyverif ied with SA Schaefer. Simply leaving a voice mail messageadvising SA Schaefer that you have a meeting se t up on a specif icdate a t a specif ic time will not guarantee SA Schaefer 'savai labi l i ty. SA Schaefer can be reached at 816/512-8640.

SincerelyKevin L. StaffordSpecial Agent in Charge

2


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THE SWAIN LAW OFFICESarah G. Swain, Attorney at Law

Theno Office Complex601 Missouri, Suite :>Lawrence, KS 6604


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I inquiry underway in conduct orponce I Lr wortd.com

LJWor/d.com," , E-mail stQ!Y

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FBI inquiry under way in conduct of policeSome allege that officers posed as federal agentsBy Ron KnoKThursday, June 15, 2006The Federal Bureau of Investigation is questioning whether Lawrence Police officers haveimproperly posed as federal agents when interrogating suspects, the Journal-World haslearned.The FBI inquiry stems from allegations that Lawrence Police claimed to be agents from theFBI when questioning people during the police Investigation of an alleged fencing operationatthe Yellow House secondhand shop, 1904 Mass ."We are attempting to resolve whether or not a person or persons falsely representedthemselves as FBI agents," FBI spokesman Jeff Lanza confirmed Wednesday.Lanza would not comment further.But sources with knowledge of the investigation told the Journal-World the FBI inqUirywasprompted by complaints from Sarah Swain. attorney for the secondhand store, and othersclose to the fencing probe.The sources also said the FBI was never involved in the actual fencing investigation, butwas only involved because of allegations against the police.The Lawrence Police Department would not comment for this article because it involvedanother agency's investigation, spokeswoman Kim Murphree said Wednesday.Agents from the FBI have already met with Swain and the police department, in part toestablish that the FBI was not actually involved in investigating the Yellow House.

The meeting between Lawrence Police Sgt. Mike Pattrick andFBI Special Agent Bob Shaefer was at the request of Swain,who had heard from Yellow House owners Guy and CarrieNeighbors and others that FBI agents were using the DouglasCounty Law Enforcement Center to interview people who soldmerchandise to the store.

i' That allegation culminated in a sworn affidavit from Lawrence" r II 6/15/2oo610:08


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I 'nqUlt')' uneer way 111 ""naUel ofpoJice j LJWorld.com http://www2.ljworld.tom/ncwol2006ljunll ~ / f b U n q u l r y _under_..., ' . .

Photo by Thad AllenderCarrieNeighbors waitsfor customers insidehersecondhand store. TheYellowHouse, 1904Mass. The FederalBureauof Investigationis looking into theLawrence PoliceDepartment becauseofallegations that officerswere posing as federalagents in a fencingprobe involving YellowHouse.

residentLauraHelm, who said twomen identifying themselvesas FBI agentshad taken her fromher brother's hometo thepolleestation to interviewher.According to the affidavit, the men questioned Helmfor 90minutesbeforedriving her back to her brother's home."They questioned me about items I had sold to the YellowHouse in the past: she said in the affidavit. 'They toldmetheyobtained my name through checks that werewritten by theYellowHouse."Helm said in the affidavit that the men had guns and badgeson their belts, and that at least one of the men knewthedoorcode needed to enter the LawEnforcementCenter.Helm is on probation for attempted forgery and reported theincidentto Harley Eddis, her probationofficer, the affidavitsaid.

During the meeting of Swain, Pattrick and Shaefer, Swain saidboth men toldher the FBIhadno involvement in the YellowHouse investigation.Shaefer toldme that the FBIwould not be involved," Swain said. "There is no interagencytask force or anything like that."When Swain contacted the police department to confirm the FBI's involvement in theinvestigation of her clients, LawrencePoliceChief Ron Olinwould only conlirmthat theappropriate federal agents had been contacted, according to a letter fromOlin to Swain, acopy ofwhich wasobtainedby the Journal-World."(LPD) Officer(Jay) Bialekassuresme that hehas contacted the agents involvedandhasinformed themof yourwish to be contacted," he wroteSwain.Bialek is involved in the investigation of the Yellow House.Olin said in the letter that hewould not nameany federal investigaton; involved, but didmention themeeting between Swain, Pattrick and Shaefer. and said that all furtherquestions shouldbe addressedto U.S. Atty. Marietta Par1


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FBI inquiry stalled by lack of formal complaintByB&n...K ! l ~June 21, 2006Advertisement

A federal probe into possible misconduct within the Lawrence Police Department has stalled as th e FBIwaits for a fonnal complaint to be filed.FBI spokesman JeffLanzasaid no one had come forward with a formal complaint alleging anyoneposed as FBI agentswhen questioning people in relation to a police investigation o f an alleged fencingring at the Yellow House secondhand shop, 1904Mass."W e cannotmove forward without a formal complaint," Lanza said.Lanza previously said th e FBI was looking into th e matter.Sarah Swain, attorney for Yellow House, said she and a private investigatorwereworking to se t up ameeting between th e FBI and peoplewh o allegedly have been interrogated by police officers claimingto be federal agents.Swain also said a private investigator sent the FBI at least one sworn affidavit that should serve as aformal complaint.Th e Lawrence Police fencing investigation, which began last year, has focused on the alleged purchaseand resale of stolen goods through the secondhand store and online sales, according to a police newsrelease from December 2005.Police have served search warrants at th e Yellow House and at th e home o f Guy an d Carrie Neighbors,the store owners, in relation to the case.No charges have been filed as a resul t o f the monthslong fencing investigation.Th e police department has declined comment about th e FBI inquiry, saying it was against departmentpolicy to discuss another agency's probe.More about the inquiry

p g l i ~ e . . r e Y J ~ w J 1 9 . M < L P - Q . ~ 0 } N eY . N . ~ } \ ~ . , , _ , , ~ i ~ t ; ; 9 :.fIH.. i J ! y ~ ? t l l i ~ _ l j f)n ~ ) L Y ~ U . Q \ s . _ H ~ ! J ~ S ~ 6 . i ~ n g ~ 9 ! ! l h ) J l ~ ~1"[3) inquiry und.er way in cm,ducl oijro1kc 196-15-=.(6)[,!-'J!er f r Q J . ! l J ~ g E " ...CJ.ller Rqrlt)JigJg Sm;:..;' 0""i!!g}lbtmUJ)e i l l v e ~ t i & - a t i o n I..mil)bft! c ) '..ll';''1L)jJlt:JCrs Ll1!.!.tlI'".J if_,,_ ' ~ l ! ! ~ c l . L Y ~ l l o \ ' ! H o ! ! ' ' ' . ! ! 2 s l Q k r U ! 9 9 q ~ . _ iIl.'!SSli g , ! l j D ! l . l i ) l _ ~ ! [ t ~ O ...Q) I1)t;t" pr\,lyhk. M ~ ~ i ! l l ~ ' m m l i o l l . ilL2qlit'(c:11u..' y J l l ) l > ~ ~ 1 l f . \ ~ 1 ' ! C m 4 ~ 1 4 . : - p . . . 6 jy cllow House store owners to have party hf thank supporters (03--02-06)


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FBI clears Lawrence Police of impersonation allegationYelJow House Store, owners' residence served with two more search warrants inongoing fencing investigation

July 8,2006Advertisement

TheFBI oil) s if;; clearedLawrencePoliceof an allegation ilialan officer impersonatedWI FBI agt:lIlduring the investigationof an alleged fencing operation at the Yellow House used appliance store."We looked into the situation and found no evidence to indicate that anyone impersonated an FBIagent," FBI spokesman JeffLanza said Friday.The news came the same day the U.S. Postal Inspector's office, assisted by Lawrence Police and the

r>, Internal Revenue Service, served two more search warrants at the store at 1904 Mass., and at the homeof owners Guy and CarrieNeighbors in the 1100block ofAndover Street.Authorities said they were looking for e-mail records, surveillance tapes, receipts, computers, sealedmerchandise and sales records from the online auction service eBay.I - - - - , - - - - ~

s:,Photo by lU'id ,;item!.uGuy and Carrie Neighbors say that they don't buy or sell stolen property at the YellowHouse Store,1904 Mass. The U.S. Postallnspector's office served two search warrants on Friday and searched theNeighbors' home and business in an ongoing fencing investigation.It's the latest twist in an investigation that's been going on since December, when Lawrence Police saidthey'd uncovered what they describe as a large-scale, sophisticated fencing operation. So far, therehave been at least five searchwarrants served, but no one has been arrested and no charges have beenfiled."I think this whole thing is around our eBay sales," Guy Neighbors said on Friday as he stood outsidehis store, which was surrounded by yellow police tape. "It's been, what, eight months now? I don'tknow. Maybe they have more than I know."The Neighborses maintain their innocence and have been critical of police at every turn.


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THE SWAIN LAW OFFICESarah G. Swain, Attorney at La w

Theno Office Complex601 Missouri, Suite 3Lawrence, KS 66044(785) 842-2787

Bob Schaefer, Special AgentFederal Bureau of Investigations1300 SummitKansas City. MO 64106DearAgent Schaefer:

June 30. 2006

Park Cherry Building110 N. Cherry, Suite 240Olathe, KS 66051866-550-2787

On June 14, 2006, I forwarded you a copy of a sworn affidavit that alleged illegalpolice conduct on the part of the Lawrence Police Department. Since that date, Ihave tried contacting you on at least six occasions to set up a meeting with you,Ms. Helm, and myself. At this point, , have been unable to speak with you on thephone, and' have not received replies to the numerous voice messages that Ihave left for you.I contacted you twice regarding setting up a meeting with Ms. Helm. I told youthat I would be available to meet with you and Ms Heim regarding yourinvestigation on Thursday June 29, 2006. Obviousiy, that meeting didn't takeplace.At this point, I am unsure about your intentions regarding this investigation.While you seemed concerned about these issues during our first meeting thatinvolved Sgt. Patrick from the LPD, I am certainly not convinced from youractions or lack of investigation during the last two weeks that this is somethingthat you Intend to pursue in any sort of meaningful manner.I am currently pursuing possible other avenues for an investigation of the LPD,and I would appreciate some clarification from the FBI about the manner and/orextent of any investigation that your agency intends to pursue. Certainly, I willkeep YOIJ apprised of any further developments on my end, and I Will be awaitinga call from you regarding a meeting with lV.s. Helm.

n ~ . Larah G SwainAttOiT,E;Y at Law


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PROSECUTORAL MISCONDUCT

j

i s not giving me a f a i rhe prosecu to r (Tera D. Morehead)chance to defend myself .

TO THE HONORABLE JUDGE LUNGSTRUM:

'''- _ ;> \ o t . < ~ ' -.,;Jooc."'- 'WL

I have been saying s ince Apri l 20, 2006, I want a copy of mydiscovery . I n e ~ d to see the evidence t h a t th e Government th inksit has aga ins t me so I can adequal ly prepare myself fo r t r i a l .Ins tead of fol lowing th e laws of the United S ta t e s t h i s over -zea lous prosecu to r has taken the law in to her own hands. She hasbeen t ry ing to take away every t oo l I have a t my di sposa l to helpme vind ica t e myself . This prosecu to r has a t tacked and harassedeveryone ( including my paid a t to rneys ) who have been t ry ing tohelp me j u s t so she can wrongful ly convic t me.

In my opinion th e p ro se cu to r has broken the laws and notgiven me a f a i r chance to d efe nd m yself as fo l lows :1 .) December 18, 2006, th e p ro se cu to r l i ed to the cour t andjUdge. .A. The judge asked th e p ro se cu to r i f t he re was any Governmentalr e s t r i c t i ons concerning my discovery and th e p ro se cu to r

rep l i ed , uNo".B. Leigh Bledsoe, Tim Schemica, Bal t i za r Sa laza r , Robin Fowler ,and Bruce Kips have shown me a l e t t e r from th e p ro se cu to rand s igned by Tera D. Morehead s t a t ing tha t in accep t ing thediscovery from her they are agreeing not to : 1 . I show me thediscovery , 2 .) discuss with me the discovery , and 3 .) theyare not to make any cop ies of th e d is co ve ry .2 .) The prosecu to r has taken th ings out o f my d i scove ry .A. Ce rta in th in gs tha t I have asked my c ur re nt a tto rn ey to seet h a t I have seen from other a t torneys a re no longe r in thediscovery . ie . Arre st w arr en ts , app l i ca t ion to searchwarran t s , and par t s of search warran ts somehow havedisappeared .3 .) On Apri l 28, 2006, (my de ten t ion hear ing) the lead de t ec t i veGreg Law son, was caught ly ing on the witness s tand underoath , to the cour t .A. Ins tead of charging Greg Lawson with pe r ju ry , the prosecu to rth rea tened and harassed my then a t to rney Tim Schemica.B. The prosecu to r knows t h a t law enforcement has f a l s e i f i edpol i ce documents and she has looked the othe r way. 1 . )Apr i l 20, 2006, pol ice sa id I had used my veh ic l e and h itthem, 2 .) pol ice of f i c e r s sa id I sa id th ings t h a t I neversa id , and 3 .) gun repor t s no longer have Michael Orr ' s

name on them ..

4 . ) The prosecu to r and pol ice o f f i c e r s have used coerc ion onLeigh Bledsoe.A. They to ld Leigh there was a chopped up dead body with bu l l e tholes in it in my s to rage shed.B. Pol ice of f i c e r s made Leigh get in t h e i r pol i ce ca r and drove


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B.1 .

6 . )A.1 .

her ana f i f t y to s i x t y minute dr ive dr i l l i ng her aboutcharg in g her with murder i f she did not l e t them search herhouse.C. They to ld Leigh tha t if she did not say what they wanted herto say they would throw her in to j a i l fo r murder , per ju ryand money launder ing .

5 .) The prosecu to r and pol ice of f i ce r s have harassed Leigh a twork.A. The prosecu to r and pol ice ca l l ed and harassed Leigh a t workalth ou gh th ey had her ce l l phone and her house number.B. May 9, 2006, Leigh c al le d d ete ct i ve Lawson's superv i so rabout Lawson harass ing her and t ha t he was not to ca l l heranymore. approximate ly th ree hours l a t e r Lawson ca l l edLe igh ' s ce l l phone aga in .C. The prosecutor sen t Government agen ts to t a lk to Leigh andher boss a t work.D. The prosecu to r and Governmen t agents ca l l ed Leigh ' s boss andh is boss in an a t tempt to pu t pressure on Leigh by makingher l i f e miserab le a t work so Leigh would cave in to av ic ious and over- zealous prosecu to r who abuses th e powers ofthe Federa l Gpvernment. The prosecutor i n t en t i ona l l y t r i edto ru in Leigh ' s l i f e . Afte r f ive months of th e p ro sec uto rand f edera l agen ts ha ra ss ing Leigh, her boss and her bossesboss a t work she was f i r ed . Leigh had been employed a ts iemens fo r over f ive years befo re Tera D. Moreheadi n t e r f e r ed .The p ro s ec ut or s s tro n g in f luence over my a t t o rney s .Tim SchemicaMade Tim s ign a con t rac t with th e p ro se cu to r in orde r to ge tth e d is co ve ry . 1 .) Tim was not to show me th e d is co ve ry ,2 . )d i scuss with me, and 3 .) he was not to g ive me any par tor make copies o f the d iscovery and g ive them to me.Ba lta za r S ala za rThe prosecu to r told Bal tazar to f ly from Houston to KansasCity and she would then give him th e d is co ve ry . When he gotto Kansas City she refused to give him the d i scove ry . Theprosecu to r then ca l l ed Bal t aza r a drug dea le r and accusedhim o f being in a drug syndica because he i s from Houston.Morehead to ld Ba l t i z e r I wi l l never see th e d is co ve ry andsupoenied Ba l t i z a r twice t ha t I know o f .2 . The prosecutor accused t h i s a t to rney of being a h ire d b ul lyfrom someone down sou th .3. The prosecu to r took Ba l t i z a r ' s r e t a i ne r fee and h is lo ca lcounc i l Melanie Morgans r e t a ine r fee . I was then to ld t ha ti f my family or anyone as soc i a t ed with me h i red anothera t to rney the p rosecu to r wi l l t ake t h e i r payment as wel l .

2.


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Melanie S. MorganTold me th e gover nmen t doe s not give out the discovery any-mOre and t h a t I wi l l never see it or ge t a copy of it.2. The prosecu to r supoenied Melanies bank r eco rd s .3 . On August 23, 2006, Melanie came to CCA and asked me someques t ions about Tim and h is form of payment .4 . On August 25, 2006 the p rosecu to r ca l l ed Leigh a t work andasked her the exac t same ques t i ons .Robin D. FqwlerTold me th at c er ta in th ings t h a t I t e l l him he was going tor epo r t to the prosecu to r .2 . Told me the Government does not give out the d i scovery .3 . I to ld him ce r t a in motions to f i l e and he sa id he could notf i l e them.4 . I to ld him to f i gh t an ex pa r t a and an in camera deal theprosecu to r was t ry ing to do aga ins t me. Fowler to ld me not

to worry about t h i s because it wi l l never happen. My nexta t to rney to ld me in th e d iscovery was an in camera t h a t hadbeen done on me with Fowler and the p rosecu to r .R. Bruce KipsTold me th e p ro se cu to r sa id I am not a l lowed to have anypa r t o f th e d ~ s c o v e r y and showed me th e l e t t e r con ta in ingth e con t r a c t about giv ing the dicovery to him.2 . I to ld Kips th e same motions I to ld Fowler to f i l e and fu l lyexpect him to f i l e them along w ith giv ing me a copy of th et r ansc r ip t s from a l l of my cou r t da te s .

E.1 .

D.1 .

C.1 .

B.

7 . )A.1 .

Prosecu to r has vio la t ed my Bi l l of Rights .Amendment V. - Deprived me of my l i f e , l i be r ty and proper ty .Life - The p rosecu to r so fa r has robbed me of n ine months ofmy l i f e .2. Proper ty - The Government i s holding person al p rope r ty o fmine t h a t I want back. i e . DeYry s t uden t Id cards , c r ed i tca rd s , exp i red dr ive rs l i cense cards and e l ec t r on i cequipment .Amendment VI. Right to a speedy t r i a l and e f f ec t i veas s i s tance of counci l .1 . 210 days a f t e r I was i n ca rce ra t ed I was given my ind ic tmenta f t e r I to ld th e judge I d idn ' t have it.2. 278 days a f t e r I was i n ca rce ra t ed I still have not been

ab le to adequate ly view the evidence aga in s t me.3 . The prosecu to r has taken t h ree paid a t to rneys from me andforced me to use two cour t -appo in ted a t to rneys t h a t she hasa s tro ng in flu en ce over .

3 .


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B.1 .

.B.!!.l- O()./o7JJOt"/ -J~ ~ ' 1hI . f o . o t - ~ 5 ~ J . . b i > '

her -on-a f i f ty to s ix ty minute dr ive dr i l l i ng her aboutcharging her w ith murder i f she did not l e t them search herhouse.C. They t o ld Leigh t ha t i f she d id not say what they wanted herto say they would throw her in to j a i l fo r murder , per juryand money launder ing .

5 .) The prosecutor and pol ice of f i ce r s have harassed Leigh a twork.A. The prosecutor and pol ice ca l l ed and harassed Leigh a t worka lth ou gh th ey had her ce l l phone and her house number.B. May 9, 2006, Leigh c a ll ed d e te c ti ve Lawson's superv isorabout Lawson harass ing her and tha t he was not to ca l l heranymore. approximately th ree hours l a t e r Lawson ca l ledLeigh ' s ce l l phone again .C. The prosecutor sen t Government agents to t a lk to Leigh andher boss a t work.D. The prosecutor and Gove rnment agents ca l l ed Leigh ' s boss andh is boss in an at tempt to put pressure on. Leigh by makingher l i f e miserable a t work so Leigh would cave in to av ic ious and over -zea lous prosecutor who abuses the powers ofthe Federa l Gpvernment. The prosecutor i n t en t iona l ly t r i edto ru in L e i g h ~ s l i f e . Afte r f ive months of th e p ro se cu to rand federa l agents harass ing Leigh, her boss and her bossesboss a t work she was f i r ed . Leigh had been employed a tSiemens fo r over f ive y ea rs b efo re Tera D. Moreheadi n t e r f e r ed .6 .) The p ro se cu to rs s tro ng in flu en ce over my a t to rneys .A. Tim Schemica1 . Made Tim s ign a con t r ac t with th e p ro se cu to r in order to ge tthe discovery . 1 .) Tim was not to show me th e discovery ,2. )d i scuss with me, and 3 .) he was not to give me any par tor make copies of the discovery and give them to me.B a lta za r S ala za rThe prosecutor to ld Bal t aza r to f ly from Houston to KansasCity and she would then give him the discovery . When he gotto Kansas City she re fused to give him th e d isc ov ery . Theprosecutor then ca l led Bal t aza r a drug dea l e r and accusedhim of being in a drug syndica because he i s from Houston.Morehead to ld B al t iz er I wi l l never see the discovery andsupoenied Bal t i za r twice t ha t I know o f .2. The prosecutor accused t h i s at torney of being a hired bul lyfrom someone down south .3. The prosecutor took Bal t i za r ' s r e t a ine r fee and h is l oca lcounci l Melanie Morgans r e t a ine r f ee . I was then to ld t ha ti f my family or anyone as soc i a t ed with me hi red anothera t to rney th e prosecutor wi l l t ake t h e i r payment as well .

2.


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I am not aware o f any s i tua t ion in the world in which the rei s a system of Jur i sp rudence t h a t i s recognized by c iv i l i zedpeople , where an i nd iv idua l can be t r i ed without and convic tedw ith ou t seein g or knowing the evidence aga ins t him.Some of the motions t ha t I have to ld my a t to rneys to f i l eand expect them to f i l e are :

1 .) Motion fo r DiscoveryA. c i t ing Brady v. Maryland, 373 U.S. 83, 83 S.Ct . 1194, 10L.Ed.2d 215 (1963),2 .) Motion for Exculpatory and Impeaching EvidenceB. c i t ing Giglio v. uni ted Sta ted , 405 u . s . 150, 92 S.Ct. 763,31 L.Ed.2d 104, and3 .) Motion fo r E arly D isc losure of Jencks Act Mater ia lC. c i t ing the Jencks Act: 18 U .S.C 3500, 18 U.S.C. 3500 (e) (1) ,18 U.S.C. 3500 (e) (2 ) , 18 U.S.C. 3500 (e) (3 ) .S i r , I am an American c i t i z en . Born and ra ised in America andhaving thus done so the cons t i tu t ion of the uni ted Sta tedGovernment g u a r a n t ~ e s me cer t a in unal ienab le r i gh t s tha t t h i sprosecutor cannot ,take away from me.

Judge Lungstrum, could you please p ro t ec t and make sure t h i sprosecutor does not make any more evidence in my favor d i sappear .

Thank you fo r your t ime and cons ide ra t ion .

James McKeighan

for the distric of kansas

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