Thursday, September 24, 2009

The Kansas DOJ corruption into the Yellow house case continues....







Here are a collection of stories over the last 5 1/2 years



currently Guy and Carrie Neighbors have been requested by the Lanny d welch and Marietta Parker Kansas DOJ to under go a second round of mental evaluations because Lanny and Parker were Very upset when carrie and guy both Passed the mental evaluation and were deemed competent to stand trial. This is a very sad tactic to stall the trial even longer. The gov't has contested they have massive amount of Evidence against the Neighbors but when it come close to the trial date the prosecution continues to request continuances. Now the neighbors have been awaiting trial for the last 5 and 1/2 years. To this date the charges have been dismissed and refiled and then reworded then refiled over and over again.

When will the blatant display of disregard for these two Americans 6th amendment rights be observed






http://www2.ljworld.com/news/2009/may/21/federal-magistrate-orders-yellow-house-owner-custo/

http://www2.ljworld.com/news/2007/nov…
http://www2.ljworld.com/news/2007/may…
http://www2.ljworld.com/news/2005/dec…
http://www2.ljworld.com/photos/2006/j…
http://www2.ljworld.com/photos/2006/j…
http://www2.ljworld.com/news/2006/jul…
http://www2.ljworld.com/blogs/lawrenc…
http://www2.ljworld.com/news/2008/aug…
http://www2.ljworld.com/news/2007/jun…
http://www2.ljworld.com/news/2008/jul…
http://www2.ljworld.com/news/2008/aug…
http://www2.ljworld.com/news/2007/jun…
http://www2.ljworld.com/news/2006/jun…
http://www2.ljworld.com/news/2006/jun…
http://www2.ljworld.com/news/2008/aug…
http://www2.ljworld.com/news/2008/sep/22/yellow_house_owners_plead_not_guilty_obstruction_c/

Wednesday, September 23, 2009

Marietta Parker, Lanny D welch US DOJ

From a blog post

http://www2.ljworld.com/news/2008/sep/22/yellow_house_owners_plead_not_guilty_obstruction_c/

Marion (Marion Lynn) says…


beobachter (Anonymous) says…

“Alex, too bad they are guilty.”

Marion writes:

Thank you for confirming your lack of belief and trust in the Constitution of The United States of America.

I think we already knew that though.

Our legal system presumes innocentce until convivted by a jury or a judge if a jury is declined by the defendant. (There is a term for that but I forget it right now!)

Our legal system also allows a government agency to pursue (persecute, harrass, etc.) people for years to try to get a conviction.

Especially when the persecutors have lost face repeatedly, shown professional incompetence and sought out the testimony of criminals who recieved lighter sentences for tainted testimony.

There should be an investigation.

Sunday, September 20, 2009

UNITED STATES OF AMERICA, Plaintiff, v. CARRIE MARIE NEIGHBORS, Defendant. CASE NO. 07-20124-01-CM/JPO



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

Document 212

Filed 08/26/2009

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

UNITED STATES OF AMERICA, Plaintiff, v. CARRIE MARIE NEIGHBORS, Defendant.
CASE NO. 07-20124-01-CM/JPO

ORDER NOW on the 25th day of August, 2009, the above captioned matter come on before the Court on the United States’ Motion for Mental Examination of Carrie Marie Neighbors to allow the government to obtain a psychiatric or psychological examination of the defendant, said motion and application filed on July 19, 2009, pursuant to Title 18, United States Code, Sections 4241 and 4247(c). After being fully advised in the premises the Court makes the following findings: Based upon the evidence presented at the hearing on the government’s Motion to Revoke Bond which included proffers by defense counsel and by government counsel, statements by the defendant and recorded conversations between the defendant and her co-defendant, there appears to be reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect rendering her mentally incompetent to the extent that she is unable to understand the nature and consequences of the proceedings against her or to assist properly in her own defense

1

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

Document 212

Filed 08/26/2009

Page 2 of 3

Title 18, United States Code, Section 4241 authorizes the Court to order the defendant to be examined under procedures ordered by the court when there is reasonable cause to believe that the defendant may presently be suffering form a mental disease or defect rendering her mentally incompetent to the extent that she is unable to understand the nature and consequences of the proceedings against her or to assist properly in her defense. Good cause exists to justify the government’s motion for a mental examination of the defendant, Carrie Marie Neighbors. IT IS THEREFORE BY THE COURT ORDERED that the defendant, Carrie Marie Neighbors, shall report to a suitable facility designated by the Attorney General for a mental examination by a qualified psychologist or psychiatrist pursuant to the provisions of Title 18, United States Code, Section 4247 to determine if the defendant is suffering from a mental disease or defect rendering her mentally incompetent to the extent that she is unable to understand the nature and consequences of the proceedings against her or to assist properly in her defense. A psychological and/or psychiatric report shall be prepared by the examiner designated to conduct the psychiatric or psychological examination and shall be filed with copies provided to the counsel for the defendant and to the attorney for the Government in accordance with Title 18, United States Code, Section 4247(c). Defendant is thereby ordered to surrender herself on the day ordered by the court or the BOP to the facility where she will be evaluated. IT IS SO ORDERED. Dated this 26th day of August, 2009 at Kansas City, Kansas. 2

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

Document 212

Filed 08/26/2009

Page 3 of 3

s/ Carlos Murguia__________ HONORABLE CARLOS MURGUIA UNITED STATES DISTRICT JUDGE

3

UNITED STATES OF AMERICA, Plaintiff, v. CARRIE MARIE NEIGHBORS, Defendant. CASE NO. 07-20124-01-CM/JPO






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

Document 212

Filed 08/26/2009

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

UNITED STATES OF AMERICA, Plaintiff, v. CARRIE MARIE NEIGHBORS, Defendant.
CASE NO. 07-20124-01-CM/JPO

ORDER NOW on the 25th day of August, 2009, the above captioned matter come on before the Court on the United States’ Motion for Mental Examination of Carrie Marie Neighbors to allow the government to obtain a psychiatric or psychological examination of the defendant, said motion and application filed on July 19, 2009, pursuant to Title 18, United States Code, Sections 4241 and 4247(c). After being fully advised in the premises the Court makes the following findings: Based upon the evidence presented at the hearing on the government’s Motion to Revoke Bond which included proffers by defense counsel and by government counsel, statements by the defendant and recorded conversations between the defendant and her co-defendant, there appears to be reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect rendering her mentally incompetent to the extent that she is unable to understand the nature and consequences of the proceedings against her or to assist properly in her own defense

1

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

Document 212

Filed 08/26/2009

Page 2 of 3

Title 18, United States Code, Section 4241 authorizes the Court to order the defendant to be examined under procedures ordered by the court when there is reasonable cause to believe that the defendant may presently be suffering form a mental disease or defect rendering her mentally incompetent to the extent that she is unable to understand the nature and consequences of the proceedings against her or to assist properly in her defense. Good cause exists to justify the government’s motion for a mental examination of the defendant, Carrie Marie Neighbors. IT IS THEREFORE BY THE COURT ORDERED that the defendant, Carrie Marie Neighbors, shall report to a suitable facility designated by the Attorney General for a mental examination by a qualified psychologist or psychiatrist pursuant to the provisions of Title 18, United States Code, Section 4247 to determine if the defendant is suffering from a mental disease or defect rendering her mentally incompetent to the extent that she is unable to understand the nature and consequences of the proceedings against her or to assist properly in her defense. A psychological and/or psychiatric report shall be prepared by the examiner designated to conduct the psychiatric or psychological examination and shall be filed with copies provided to the counsel for the defendant and to the attorney for the Government in accordance with Title 18, United States Code, Section 4247(c). Defendant is thereby ordered to surrender herself on the day ordered by the court or the BOP to the facility where she will be evaluated. IT IS SO ORDERED. Dated this 26th day of August, 2009 at Kansas City, Kansas. 2

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

Document 212

Filed 08/26/2009

Page 3 of 3

s/ Carlos Murguia__________ HONORABLE CARLOS MURGUIA UNITED STATES DISTRICT JUDGE

3

U.S. District Court District of Kansas (Kansas City) CRIMINAL DOCKET FOR CASE #: 2:07−cr−20073−CM−1 Case title: USA v. Neighbors et al Date Filed:2007



U.S. District Court District of Kansas (Kansas City) CRIMINAL DOCKET FOR CASE #: 2:07−cr−20073−CM−1
Case title: USA v. Neighbors et al Date Filed: 06/20/2007

Surety Guy S. Neighbors

Surety Carrie Neighbors Assigned to: District Judge Carlos Murguia Defendant (1) Guy S. Neighbors represented by Dionne M. Scherff Cornwell &Scherff 201 East Loula, Suite 101 Olathe , KS 66061 913−254−7600 Fax: 913−254−7602 Email: d_scherff@sbcglobal.net LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment Melanie S. Morgan Morgan Pilate LLC 142 N. Cherry Olathe , KS 66061 913−829−6336 Fax: 913−829−6446 Email: mmorgan@morganpilate.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment Alex S. McCauley Jenab &McCauley, LLP 110 South Cherry St., Suite #200 Olathe , KS 66061 913−390−5023 Fax: 913−764−5539 Email: alexmccauley@everestkc.net TERMINATED: 08/13/2007 Designation: CJA Appointment Pending Counts 21:846 −− Conspiracy to Manufacture Marijuana. (Sealed Indictment Filed 06/20/07.) (1) 18:922(g)(3), 924(a)(2) and 2 −− Unlawful User of a Controlled Substance in Possession of Disposition

Firearms and Aiding and Abetting. Forfeiture Allegation.(Sealed Indictment Filed 06/20/07.) (2) 21:841(a)(1) and (b)(1)(D); and 18:2 −− Intentionally Manufactured Marijuana. (Sealed Indictment Filed 06/20/07.) (3−4) Highest Offense Level (Opening) Felony Terminated Counts None Highest Offense Level (Terminated) None Complaints None Disposition Disposition

Plaintiff USA represented by Terra D. Morehead Office of United States Attorney −− Kansas City 500 State Avenue, Suite 360 Kansas City , KS 66101 913−551−6730 Fax: 913−551−6541 Email: Terra.Morehead@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED # Docket Text

Date Filed 08/11/2009 08/11/2009

120 ORDER for Mental Exam as to Guy S. Neighbors Signed by District Judge Carlos Murguia on 8/11/09. (yh) (Entered: 08/12/2009) 119 ORDER granting 117 Motion to Continue Jury trial Time excluded from 8/11/09 through the date the court conducts a competency hearing as to Guy S. Neighbors (1), Carrie Neighbors (2) Signed by District Judge Carlos Murguia on 8/11/09. (yh) (Entered: 08/12/2009) 118 MINUTE ENTRY for proceedings held before District Judge Carlos Murguia: Motion Hearing as to Carrie Marie Neighbors, Guy M. Neighbors held on 8/11/2009 re MOTION for order Mental Examination filed by USA (Doc. 204 in 07−20124), SEALED MOTION filed by Guy M. Neighbors (Doc. 203 filed in 07−20124). Marietta Parker and Terra Morehead appeared on behalf of the government. Defendant Carrie Neighbors appeared in person and through counsel, John Duma. Defendant Guy Neighbors appeared in person and through counsel, Cheryl Pilate. The court granted the motions and found that the resulting delay shall be excluded under the speedy trial act in accordance with 18 U.S.C. section 3161(h)(1)(A). Order memorializing ruling to follow. Defendant Carrie Neighbors to remain on bond. Defendant Guy Neighbors remanded to custody. (Court Reporter Nancy Wiss.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jw) (Entered: 08/11/2009)

08/11/2009

08/11/2009 08/05/2009

117 MOTION to Continue Jury Trial by Carrie Neighbors as to Guy S. Neighbors, Carrie Neighbors. (Duma, John) (Entered: 08/11/2009) 116 RESPONSE to Motion by USA as to Guy S. Neighbors, Carrie Neighbors re 113 Joint MOTION for Discovery of Exculpatory and Impeaching Information Under Brady v. Maryland and for Discovery Under Rule 16. (Morehead, Terra) (Entered: 08/05/2009) 115 RESPONSE to Motion by USA as to Guy S. Neighbors, Carrie Neighbors re 114 MOTION in Limine. (Morehead, Terra) (Entered: 08/05/2009) 114 MOTION in Limine by Carrie Neighbors as to Guy S. Neighbors, Carrie Neighbors. (Duma, John) (Entered: 07/27/2009) 113 Joint MOTION for Discovery of Exculpatory and Impeaching Information Under Brady v. Maryland and for Discovery Under Rule 16 by Guy S. Neighbors. (Morgan, Melanie) (Entered: 07/27/2009) 112 MINUTE ORDER as to Guy S. Neighbors, Carrie Neighbors re 110 Minute entry resetting the motions in limine hearing for 8/11/2009 at 9:30 a.m. Because the court reset the hearing date for any motions in limine filed, the deadline for a response to any motions in limine shall be 8/5/2009. The deadline for filing motions in limine remains 7/27/2009. Signed by deputy clerk on 7/1/2009. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jw) (Entered: 07/01/2009) 111 ORDER denying 108 Motion to Withdraw as Attorney as to Guy S. Neighbors (1); denying 106 Motion to Withdraw as Attorney as to Carrie Neighbors (2) Signed by District Judge Carlos Murguia on 5/11/09. (yh, ) (Entered: 05/12/2009) 110 MINUTE ENTRY for proceedings held before District Judge Carlos Murguia: Motion Hearing as to Guy S. Neighbors, Carrie Neighbors held on 5/11/2009 re 108 MOTION to Withdraw Melanie S. Morgan as Attorney filed by Guy S. Neighbors, 106 MOTION to Withdraw John M. Duma as Attorney filed by Carrie Neighbors. Marietta Parker and Terra Morehead appeared on behalf of the government. Defendants Carrie Neighbors and Guy Neighbors appeared in person and through counsel, John Duma and Melanie Morgan respectively. The court denies the motions to withdraw as counsel 106 , 108 . Order memorializing ruling to follow. Defendants to remain on bond. Motion in Limine Hearing RESET for 8/11/2009 at 09:30 AM in Courtroom 463 (CM) before District Judge Carlos Murguia. (Court Reporter Nancy Wiss.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jw) (Entered: 05/11/2009) 109 NOTICE OF HEARING ON MOTION as to Guy S. Neighbors, Carrie Neighbors 108 MOTION to Withdraw Melanie S. Morgan as Attorney, 106 MOTION to Withdraw John M. Duma as Attorney: Motion Hearing RESET at the request of counsel for 5/11/2009 at 09:30 AM in Courtroom 463 (CM) before District Judge Carlos Murguia. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jw) (Entered: 04/27/2009) 108 MOTION to Withdraw Melanie S. Morgan as Attorney by Guy S. Neighbors. (Morgan, Melanie) (Entered: 04/27/2009) 107 NOTICE OF HEARING ON MOTION as to Guy S. Neighbors, Carrie Neighbors 106 MOTION to Withdraw John M. Duma as Attorney: Motion Hearing set for 5/4/2009 at 09:30 AM in Courtroom 463 (CM) before District Judge Carlos Murguia. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jw) (Entered: 04/27/2009) 105 SEALED EXHIBITS by Guy S. Neighbors (Morgan, Melanie) (Entered: 02/20/2009) 104 SEALED EXHIBIT by Guy S. Neighbors and Carrie Neighbors (yh) (Entered: 02/20/2009) 103 ORDER granting 102 Sealed Motion for Leave to File Under Seal. Counsel is directed to file forthwith the requested document(s) with an event from the SEALED DOCUMENTS category as to Guy S. Neighbors (1), Carrie Neighbors (2) Signed by District Judge Carlos Murguia on 2/18/09. (yh) (Entered: 02/19/2009)

08/05/2009 07/27/2009 07/27/2009

07/01/2009

05/11/2009

05/11/2009

04/27/2009

04/27/2009 04/27/2009

02/20/2009 02/19/2009 02/18/2009

02/18/2009

102 ORAL MOTION for Leave to File Exhibits Under Seal by Carrie Neighbors as to Guy S. Neighbors and Carrie Neighbors. (yh) Modified on 2/19/2009. (Entered: 02/19/2009) 101 MINUTE ENTRY for proceedings held before District Judge Carlos Murguia: Status Conference as to Guy S. Neighbors, Carrie Neighbors held on 2/18/2009. Terra Morehead and Marietta Parker appeared on behalf of the government. Defendant Guy Neighbors appeared in person and through counsel, Melanie Morgan and Cheryl Pilate. Defendant Carrie Neighbors appeared in person and through counsel, John Duma. Without objection from the parties, the additional time excluded would serve the ends of justice and would outweigh the best interests of the public and the defendant's right to a speedy trial under 18 U.S.C. section 3161(h). The court orders that the time period from January 27, 2009 through October 5, 2009 (and later depending on the other cases and their trial settings to be further determined at the next court appearance) shall be excluded under speedy trial calculations. Motions due by 7/27/2009. Response deadline 8/10/2009. Motion Hearing set for 8/18/2009 at 09:30 AM in Courtroom 463 (CM) before District Judge Carlos Murguia. Jury Trial set for 10/5/2009 at 09:30 AM in Courtroom 463 (CM) before District Judge Carlos Murguia. Defendants to remain on bond. (Court Reporter Nancy Wiss.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jw) (Entered: 02/18/2009) 100 NOTICE OF HEARING as to Defendants Guy S. Neighbors, Carrie Neighbors. Status Conference RESET on the court's own motion for 2/18/2009 at 09:30 AM in Courtroom 463 (CM) before District Judge Carlos Murguia. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jw) (Entered: 01/22/2009) 99 ORDER denying without prejudice 96 Motion to Dismiss Indictment as to Guy S. Neighbors (1); denying without prejudice 97 Motion to Dismiss Indictment as to Carrie Neighbors (2) Signed by District Judge Carlos Murguia on 11/5/08. (yh) (Entered: 11/06/2008) 98 MINUTE ENTRY for proceedings held before District Judge Carlos Murguia: Motion Hearing as to Guy S. Neighbors, Carrie Neighbors held on 11/4/2008 re 96 MOTION to Dismiss Indictment filed by Guy S. Neighbors and 97 MOTION to Dismiss Indictment filed by Carrie Neighbors. Marietta Parker and Terra Morehead appeared on behalf of the government. Defendants Carrie Neighbors and Guy Neighbors appeared in person and through counsel, John Duma and Cheryl Pilate respectively. The court denies defendants' pro se motions 96 &97 because Defendants are represented by counsel, and were represented by counsel at the time they filed these documents pro se. Defendants' pro se motions are out of order, and are denied without prejudice as such. See United States v. Hildreth, 485 F.3d 1120, 1125 (10th Cir. 2007); United States v. Guadalupe, 979 F.2d 790, 795 (10th Cir. 1992. The court will not consider further pro se motions filed by defendants while they are represented by counsel. Due to the fact that the court granted defendants' motion in 08−20105, doc. 40, the court grants a continuance in this case of the pretrial deadlines/motions hearing which will be set at a later date. The court finds that a continuance is necessary to afford the defendant due process of law and finds the continuance outweighs the best interests of the public and the defendant's right to a speedy trial under 18 U.S.C. section 3161(h). The court orders that the time period from November 4, 2008 through January 27, 2009 shall be excluded under speedy trial calculations. The court further orders that for logistical purposes, the deadlines and hearing dates for case numbers 07−20073, 07−20124 and 08−20105 shall be consolidated and will move together in all three cases. Status Conference set for 1/27/2009 at 09:30 AM in Courtroom 463 (CM) before District Judge Carlos Murguia. Defendants to remain on bond. (Court Reporter Nancy Wiss.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jw) (Entered: 11/05/2008) 96 (Pro Se) MOTION to Dismiss Indictment by Guy S. Neighbors. (mg) (Entered: 11/03/2008) 95 ORDER denying 87 , 88 , 89 , 90 , 91 , 93 , and 94 . These motions, which were filed pro se by the two defendants in this case, are denied without prejudice to the right of either or both defendants to reassert the same arguments through separate motion(s)

02/18/2009

01/22/2009

11/05/2008

11/04/2008

11/03/2008 10/29/2008

filed their by their respective court−appointed defense attorneys of record. Signed by Magistrate Judge James P. O'Hara on 10/29/08. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ct) (Entered: 10/29/2008) 10/22/2008 94 (Pro Se) MOTION (Titled: Memorandum of Law in Support) for Discovery of Electric Surveillance by Guy S. Neighbors and Carrie Neighbors. (mg) (Entered: 10/23/2008) 93 (Pro Se) MOTION to Dismiss On Grounds of Vindictive Prosecution Or Alternatively for Discovery and/or Evidentiary Hearing by Guy S. Neighbors and Carrie Neighbors. (mg) (Entered: 10/23/2008) 92 RESPONSE to Motion by USA as to Guy S. Neighbors, Carrie Neighbors re 87 MOTION for order early disclosure of Jencks Act Material, 90 MOTION for Relief, 89 MOTION to Compel, 91 MOTION to Dismiss on Grounds of Vinictive Prosecution MOTION for Evidentiary Hearing, 88 MOTION to Dismiss Indictment (Morehead, Terra) (Entered: 10/22/2008) 91 (Pro Se) Notice of and MOTION to Dismiss on Grounds of Vinictive Prosecution or Alternatively, for Discovery and/or MOTION for Evidentiary Hearing by Guy S. Neighbors and Carrie Neighbors. (mg) (Entered: 10/20/2008) 90 MOTION for Relief by Guy S. Neighbors, Carrie Neighbors. (yh) (Entered: 10/20/2008) 89 MOTION to Compel by Guy S. Neighbors, Carrie Neighbors. (yh) (Entered: 10/20/2008) 88 MOTION to Dismiss Indictment for lack of jurisdiction by Guy S. Neighbors, Carrie Neighbors. (yh) (Entered: 10/20/2008) 87 MOTION for early disclosure of Jencks Act Material by Guy S. Neighbors, Carrie Neighbors. (yh) (Entered: 10/20/2008) 86 MINUTE ENTRY for proceedings held before Magistrate Judge James P. O'Hara: Motions Hearing as to Guy S. Neighbors and Carrie Neighbors held on 8/18/2008. Defendants' 23 Joint Motion to Dismiss, filed in case #08−8077, is denied without prejudice. Government's 6 , 8 Motions for detention of defendants, filed in case #08−8077, are denied. 130 and 131 Petitions, filed in case #07−20124, and 84 and 85 Petitions, filed in case #07−20073, are denied. Renewed Motions 128 and 129 in case #07−20124 are denied. The government's 18 , 19 Sealed Motions, filed in case #08−8077, are denied without prejudice. Defendants' 122 Joint Motion filed in 07−20124, and the related 125 Motion are granted. Defendants' conditions of release in all three cases shall be modified as outlined. (mg) (Entered: 08/19/2008) 84 PETITION AND ORDER for Action on Conditions of Pretrial Release as to Defendant Guy S. Neighbors. Signed by Magistrate Judge James P. O'Hara on 08/14/08. Served in open court. (mg) (Entered: 08/14/2008) 83 ORDER granting parties' joint oral motion to continue trial setting as to Guy S. Neighbors, Carrie Neighbors. Jury Trial set for 1/26/2009 at 1:00 PM in Courtroom 463 before District Judge Carlos Murguia. Signed by Magistrate Judge James P. O'Hara on 7/30/2008. (kg) (Entered: 07/30/2008) 82 MINUTE ENTRY for proceedings held before District Judge Carlos Murguia: Motion Hearing as to Guy S. Neighbors, Carrie Neighbors held on 6/23/2008 re 80 MOTION to Continue Jury Trial filed by Guy S. Neighbors. Marietta Parker and Terra Morehead appeared on behalf of the government. Defendant Guy Neighbors appeared in person and through counsel, Melanie Morgan. Defendant Carrie Neighbors appeared in person and through counsel, John Duma. Defendant's motion is granted. Jury Trial set for 9/15/2008 at 01:00 PM in Courtroom 463 (CM) before District Judge Carlos Murguia. Defendants to remain on bond. (Court Reporter Nancy Wiss.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (js) (Entered: 06/23/2008) 81 NOTICE OF HEARING ON MOTION as to Guy S. Neighbors, Carrie Neighbors 80 MOTION to Continue Jury Trial : (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Motion Hearing set for 6/23/2008 at 10:30 AM

10/22/2008

10/22/2008

10/20/2008

10/17/2008 10/17/2008 10/17/2008 10/17/2008 08/18/2008

08/14/2008

07/30/2008

06/23/2008

06/17/2008

in Courtroom 463 (CM) before District Judge Carlos Murguia. (js) (Entered: 06/17/2008) 06/17/2008 05/15/2008 05/06/2008 80 MOTION to Continue Jury Trial by Guy S. Neighbors. (Morgan, Melanie) (Entered: 06/17/2008) 73 CJA 20 as to Guy S. Neighbors: Appointment of Attorney Melanie S. Morgan. Signed by District Judge Carlos Murguia on 5/15/2008. (yh) (Entered: 05/16/2008) 72 MINUTE ENTRY for proceedings held before District Judge Carlos Murguia: Motion Hearing as to Guy S. Neighbors, Carrie Neighbors held on 5/6/2008 re 70 MOTION to Withdraw Phillip R Gibson as Attorney filed by Carrie Neighbors, 69 MOTION to Withdraw Dionne M. Scherff as Attorney filed by Guy S. Neighbors. Scott Rask appeared on behalf of the government. Defendants appeared in person and through counsel, Dionne Scherff and Phil Gibson. Defendant Carrie Neighbors requested permission to present evidence in closed court regarding her motion to withdraw. Government did not oppose. The court heard evidence. Defendants' motions to withdraw counsel − granted. New counsel will be appointed. Defendants to remain on bond. (Court Reporter Nancy Wiss.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (js) (Entered: 05/07/2008) 71 NOTICE OF HEARING ON MOTION as to Guy S. Neighbors, Carrie Neighbors 69 MOTION to Withdraw Dionne M. Scherff as Attorney, 70 MOTION to Withdraw Phillip R Gibson as Attorney : (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Motion Hearing set for 5/6/2008 at 11:00 AM in Courtroom 463 (CM) before District Judge Carlos Murguia. (js) (Entered: 04/28/2008) 69 MOTION to Withdraw Dionne M. Scherff as Attorney by Guy S. Neighbors. (Scherff, Dionne) (Entered: 04/23/2008) 68 ORDER granting 50 Motion for Investigator service as to Guy S. Neighbors (1). Signed by District Judge Carlos Murguia on 4/7/08. (yh) (Entered: 04/07/2008) 67 ORDER granting 65 Motion to Continue. Time excluded from 3/28/08 until 7/7/08 as to Guy S. Neighbors (1) Jury Trial set for 7/7/2008 at 01:00 PM in Courtroom 463 (CM) before District Judge Carlos Murguia. Signed by District Judge Carlos Murguia on 3/31/08. (yh) (Entered: 04/01/2008) 65 MOTION to Continue Jury Trial by Guy S. Neighbors. (Scherff, Dionne) (Entered: 03/28/2008) 63 ORDER withdrawing 57 Motion for Joinder as to Guy S. Neighbors (1) Signed by District Judge Carlos Murguia on 3/25/08. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (js) (Entered: 03/25/2008) 61 MINUTE ENTRY for proceedings held before District Judge Carlos Murguia: Motion Hearing as to Guy S. Neighbors, Carrie Neighbors held on 3/25/2008. Terra Morehead appeared on behalf of the government. Defendant Carrie Neighbors appeared in person and through counsel, Phil Gibson. Defendant Guy Neighbors appeared in person and through counsel, Dionne Scherff. Motions withdrawn. Jury Trial set for 4/7/2008 at 10:30 AM in Courtroom 463 (CM) before District Judge Carlos Murguia. Government orally moves for continuance of trial date. Court advises counsel to file written motion. Defendants to remain on bond. (Court Reporter Nancy Wiss.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (js) (Entered: 03/25/2008) 60 NOTICE OF HEARING ON MOTION as to Guy S. Neighbors, Carrie Neighbors 57 MOTION for Joinder : (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Motion Hearing set for 3/25/2008 at 03:00 PM (typographical error setting for 10:30 a.m. is in error) in Courtroom 463 (CM) before District Judge Carlos Murguia. (js) (Entered: 03/24/2008) 59 MINUTE ENTRY for proceedings held before District Judge Carlos Murguia: Motion Hearing as to Guy S. Neighbors, Carrie Neighbors held on 3/24/2008. Terra Morehead appeared on behalf of the government. Defendant Guy Neighbors appeared in person and through counsel, Dionne Scherff. Defendant Carrie Neighbors appeared in person and through counsel, Phil Gibson. Motion Hearing set for

04/28/2008

04/23/2008 04/07/2008 03/31/2008

03/28/2008 03/25/2008

03/25/2008

03/24/2008

03/24/2008

3/25/2008 at 10:30 AM in Courtroom 463 (CM) before District Judge Carlos Murguia. (Court Reporter Nancy Wiss.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (js) (Entered: 03/24/2008) 03/21/2008 58 NOTICE OF HEARING as to Defendants Guy S. Neighbors, Carrie Neighbors (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Status Conference set for 3/24/2008 at 10:30 AM in Courtroom 463 (CM) before District Judge Carlos Murguia. (js) (Entered: 03/21/2008) 57 (WITHDRAWN: See 63 .) MOTION for Joinder by Guy S. Neighbors. (Scherff, Dionne) (Entered: 03/20/2008) 56 ORDER granting 54 Motion to Continue. Time excluded from 3/10/08 until 3/24/08 as to Carrie Neighbors (2)( In Court Hearing set for 3/24/2008 at 10:30 AM in Courtroom 463 (CM)before District Judge Carlos Murguia.) Signed by District Judge Carlos Murguia on 3/7/08. (yh) (Entered: 03/07/2008) 55 MINUTE ORDER as to Guy S. Neighbors, Carrie Neighbors. Jury trial continued. Order to be filed. Signed by District Judge Carlos Murguia on 3/7/08.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (js) (Entered: 03/07/2008) 53 NOTICE OF HEARING as to Defendants Guy S. Neighbors, Carrie Neighbors (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Jury Trial set for 3/10/2008 at 01:00 PM in Courtroom 463 (CM) before District Judge Carlos Murguia. (js) (Entered: 02/29/2008) 50 MOTION for Investigative Services by Guy S. Neighbors. (Scherff, Dionne) (Entered: 02/27/2008) 52 ORDER granting 27 Motion for Disclosure as to Guy S. Neighbors (1); denying 39 Motion for Reconsideration as to Guy S. Neighbors (1), Carrie Neighbors (2); denying 40 Motion for Order as to Guy S. Neighbors (1); granting 48 Motion for Leave as to Guy S. Neighbors (1); granting 40 Motion for Order as to Carrie Neighbors (2). Signed by District Judge Carlos Murguia on 2/25/08. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (js) (Entered: 02/28/2008) 51 MINUTE ENTRY for proceedings held before District Judge Carlos Murguia: Motion Hearing as to Guy S. Neighbors, Carrie Neighbors held on 2/25/2008 (Court Reporter Nancy Wiss.) (js) (Entered: 02/28/2008) 49 NOTICE OF HEARING ON MOTION as to Guy S. Neighbors, Carrie Neighbors 39 MOTION for Reconsideration re 36 Order on Motion to Dismiss Counts, 40 MOTION for order Gag Order, 27 MOTION to Disclose Expert Testimony, 48 MOTION for leave to Join : (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Motion Hearing set for 2/25/2008 at 03:00 PM in Courtroom 463 (CM) before District Judge Carlos Murguia. (js) (Entered: 02/06/2008) 48 MOTION for leave to Join by Guy S. Neighbors. (Scherff, Dionne) (Entered: 02/05/2008) 47 RESPONSE to Motion by Guy S. Neighbors re 40 MOTION for order Gag Order (Scherff, Dionne) (Entered: 02/05/2008) 46 ORDER granting 44 Motion for Extension of Time to File. Time excluded from 1/24/08 until 2/25/08 as to Guy S. Neighbors (1). Motions due by 2/5/2008. Response deadline 2/12/2008. Motion Hearing set for 2/25/2008 at 10:30 AM in Courtroom 463 (CM) before District Judge Carlos Murguia. Signed by District Judge Carlos Murguia on 1/30/08. (yh) (Entered: 01/30/2008) 45 NOTICE OF HEARING ON MOTION as to Guy S. Neighbors, Carrie Neighbors 39 MOTION for Reconsideration re 36 Order on Motion to Dismiss Counts, 40 MOTION for order Gag Order, 27 MOTION to Disclose Expert Testimony : (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Motion Hearing set for 2/25/2008 at 03:00 PM in Courtroom 463 (CM) before District Judge Carlos Murguia. (js) (Entered: 01/29/2008)

03/20/2008 03/07/2008

03/07/2008

02/29/2008

02/27/2008 02/25/2008

02/25/2008

02/06/2008

02/05/2008 02/05/2008 01/30/2008

01/29/2008

01/24/2008 01/18/2008

44 MOTION for Extension of Time to File Motions by Guy S. Neighbors. (Scherff, Dionne) (Entered: 01/24/2008) 41 NOTICE OF HEARING ON MOTION as to Guy S. Neighbors, Carrie Neighbors 39 MOTION for Reconsideration re 36 Order on Motion to Dismiss Counts, 40 MOTION for order Gag Order, 27 MOTION to Disclose Expert Testimony : (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Response deadline NO LATER THAN 1/24/2008. Motion Hearing set for 1/28/2008 at 03:30 PM in Courtroom 463 (CM) before District Judge Carlos Murguia. (js) (Entered: 01/18/2008) 40 MOTION for order Gag Order by USA as to Guy S. Neighbors, Carrie Neighbors. (Morehead, Terra) (Entered: 01/15/2008) 39 MOTION for Reconsideration re 36 Order on Motion to Dismiss Counts by USA as to Guy S. Neighbors, Carrie Neighbors. (Morehead, Terra) (Entered: 01/15/2008) 38 NOTICE OF HEARING as to Defendants Guy S. Neighbors, Carrie Neighbors (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Status Conference set for 1/22/2008 at 10:30 AM before District Judge Carlos Murguia. (js) (Entered: 01/03/2008) 37 ORDER REASSIGNING CASE: This case is reassigned to District Judge Carlos Murguia for all further proceedings. Chief Judge John W. Lungstrum is no longer assigned to this case. Signed by Chief Judge John W. Lungstrum on 12/21/07. (mg) (Entered: 12/21/2007) 36 MEMORANDUM AND ORDER −− the 24 Motion to Dismiss Count 2 previously granted, is now granted with prejudice. Signed by Chief Judge John W. Lungstrum on 12/21/07. (mg) (Entered: 12/21/2007) 35 MINUTE ENTRY for proceedings held before Chief Judge John W. Lungstrum: Motion Hearing as to Guy S. Neighbors and Carrie Neighbors held on 11/27/2007 −taking under advisement 27 Motion for Disclosure as to Guy S. Neighbors (1); taking under advisement 24 Motion to Dismiss Counts as to Carrie Neighbors (2). (Court Reporter Becky Ryder.) (Attachments: # 1 Witness List, # 2 Exhibit List) (ses) (Entered: 12/11/2007) 34 ORDER as to Guy S. Neighbors, and Carrie Neighbors re 33 Order − An Evidentiary Hearing is scheduled for 11/27/2007 at 03:30 PM before Chief Judge John W. Lungstrum. Signed by Judge John W. Lungstrum on 11/16/2007.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ses) (Entered: 11/16/2007) 33 MEMORANDUM AND ORDER as to Guy S. Neighbors and Carrie Neighbors − The 24 MOTION to Dismiss Counts 2 for failure to comply with Speedy Trial Act is GRANTED, but the court reserves the determination of whether to grant the motion with or without prejudice until after the evidentiary hearing. Signed by Judge John W. Lungstrum on 11/16/2007. (ses) (Entered: 11/16/2007) 32 MINUTE ENTRY for proceedings held before Judge John W. Lungstrum − Motion Hearing as to Guy S. Neighbors and Carrie Neighbors held on 11/5/2007: finding as moot 25 Motion to Dismiss as to Guy S. Neighbors (1); granting 28 Motion for Order to join co−defendant's motion to dismiss as to Guy S. Neighbors (1); and taking under advisement 24 Motion to Dismiss Counts as to Carrie Neighbors (2). (Court Reporter Becky Ryder.) (ses) (Entered: 11/08/2007) 31 RESPONSE to Motion by USA as to Guy S. Neighbors, Carrie Neighbors re 24 MOTION to Dismiss Counts 2 for failure to comply with Speedy Trial Act, 28 MOTION to Join Co−defendant's Motion to Dismiss Indictment, 25 MOTION to Dismiss Indictment. (Morehead, Terra) (Entered: 10/26/2007) 29 NOTICE OF HEARING ON MOTION as to Guy S. Neighbors, Carrie Neighbors 27 MOTION to Disclose Expert Testimony, 28 MOTION to Join Co−defendant's Motion to Dismiss Indictment, 25 MOTION to Dismiss Indictment, 24 MOTION to Dismiss Counts 2 for failure to comply with Speedy Trial Act: (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Motion Hearing set for 11/5/2007 at 04:00 PM before Chief Judge John W. Lungstrum. (ses)

01/15/2008 01/15/2008 01/03/2008

12/21/2007

12/21/2007

11/27/2007

11/16/2007

11/16/2007

11/05/2007

10/26/2007

10/15/2007

(Entered: 10/15/2007) 10/15/2007 10/15/2007 10/11/2007 28 MOTION to Join Co−defendant's Motion to Dismiss Indictment by Guy S. Neighbors. (Scherff, Dionne) (Entered: 10/15/2007) 27 MOTION to Disclose Expert Testimony by Guy S. Neighbors. (Scherff, Dionne) (Entered: 10/15/2007) 26 NOTICE OF HEARING ON MOTION as to Guy S. Neighbors, and Carrie Neighbors re: 25 MOTION to Dismiss Indictment, and 24 MOTION to Dismiss Counts 2 for failure to comply with Speedy Trial Act: (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Motion Hearing set for 11/5/2007 at 04:00 PM before Chief Judge John W. Lungstrum. (ses) (Entered: 10/11/2007) 25 MOTION to Dismiss Indictment by Guy S. Neighbors. (mg) (Entered: 09/12/2007) 23 MINUTE ENTRY for proceedings held before Judge John W. Lungstrum − Motion Hearing as to Guy S. Neighbors, Carrie Neighbors held on 9/10/2007: granting 16 Motion for Extension of Time to File Pretrial Motions. Time excluded from 9/10/2007 until 10/15/2007. Motions due by 10/15/2007. Response deadline 10/29/2007. Motion Hearing set for 11/5/2007 at 01:30 PM before Chief Judge John W. Lungstrum. In the event no motions are filed, the parties shall appear for a Status Conference on 10/15/2007 at 01:30 PM before Chief Judge John W. Lungstrum. (Court Reporter Becky Ryder.) (ses) (Entered: 09/11/2007) 22 MINUTE ENTRY for proceedings held before Judge John W. Lungstrum: Status Conference as to Guy S. Neighbors and Carrie Neighbors held on 8/23/2007. Status Conference set for 9/10/2007 at 01:30 PM before Chief Judge John W. Lungstrum. (Court Reporter Becky Ryder.) (ses) (Entered: 08/23/2007) 30 CJA 20 as to Guy S. Neighbors: Appointment of Attorney Dionne M. Scherff. Signed by Judge John W. Lungstrum on 8/16/2007. (mg) (Entered: 10/16/2007) 21 ORDER APPOINTING COUNSEL as to Guy S. Neighbors: Appointment of Attorney Dionne M. Scherff. It is further ordered that a Status Conference is set as to both defendants for 08/21/07 at 11:00 AM. Signed by Judge John W. Lungstrum on 08/16/07. (mg) (Entered: 08/16/2007) 20 MINUTE ENTRY for proceedings held before Judge John W. Lungstrum: Motion Hearing as to Guy S. Neighbors, Carrie Neighbors held on 8/13/2007 − granting 18 Motion to Withdraw as Attorney Alex S. McCauley as to Guy S. Neighbors (1); taking under advisement 16 Motion for Extension of Time to File pretrial motions as to Guy S. Neighbors (1). (Court Reporter Becky Ryder.) (ses) (Entered: 08/14/2007) 19 NOTICE OF HEARING ON MOTION as to Guy S. Neighbors 18 MOTION to Withdraw Alex S. McCauley as Attorney: (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Motion Hearing set for 8/13/2007 at 01:30 PM before Chief Judge John W. Lungstrum. (ses) (Entered: 08/10/2007) 18 MOTION to Withdraw Alex S. McCauley as Attorney by Guy S. Neighbors. (McCauley, Alex) (Entered: 08/10/2007) 17 NOTICE OF HEARING ON MOTION as to Guy S. Neighbors 16 MOTION for Extension of Time to File Pretrial Motions: (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Motion Hearing set for 8/13/2007 at 01:30 PM before Chief Judge John W. Lungstrum. (ses) (Entered: 07/18/2007) 16 MOTION for Extension of Time to File Pretrial Motions by Guy S. Neighbors. (McCauley, Alex) (Entered: 07/17/2007) 14 ARREST WARRANT RETURNED executed on 06/25/07 as to Guy S. Neighbors. (mg) (Entered: 06/26/2007) 13 GENERAL ORDER OF DISCOVERY &SCHEDULING as to Guy S. Neighbors, Carrie Neighbors. Motions due by 7/20/2007. Response deadline 7/27/2007. Motion Hearing set for 8/13/2007 at 01:30 PM before Chief Judge John W. Lungstrum. Estimated trial time: 5 days. Signed by Magistrate Judge David J. Waxse on 06/25/07. (mg) (Entered: 06/25/2007)

09/12/2007 09/10/2007

08/23/2007

08/16/2007 08/16/2007

08/13/2007

08/10/2007

08/10/2007 07/18/2007

07/17/2007 06/25/2007 06/25/2007

06/25/2007 06/25/2007

7 APPEARANCE BOND Posted as to Guy S. Neighbors. (mg) (Entered: 06/25/2007) 6 ORDER Setting Conditions of Release as to Guy S. Neighbors (1): defendant released on $25,000.00 unsecured bond. Signed by Magistrate Judge David J. Waxse on 06/25/07. (mg) (Entered: 06/25/2007) 5 CJA 20 as to Guy S. Neighbors: Appointment of Attorney Alex S. McCauley. Signed by Judge David J. Waxse on 6/25/2007. (mg) (Entered: 06/25/2007) 4 CJA 23 FINANCIAL AFFIDAVIT by Defendant Guy S. Neighbors. (NOTE: This document is not available for public viewing.) (mg) (Entered: 06/25/2007) 3 MINUTE ENTRY for proceedings held before Magistrate Judge David J. Waxse: Arraignment/Discovery/Rule 5 Hearing as to Guy S. Neighbors (1) on Counts 1−4 held on 6/25/2007. CJA counsel appointed. Motions due by 7/20/2007. Response deadline 7/27/2007. Motion Hearing set for 8/13/2007 at 01:30 PM before Chief Judge John W. Lungstrum. Release order executed; defendant released on $25,000.00 unsecured bond. (mg) (Entered: 06/25/2007) ARRESTS of Guy S. Neighbors and Carrie Neighbors. See 2 Notice of Arrest. (mg) (Entered: 06/25/2007) 2 NOTICE OF ARREST by USA as to Guy S. Neighbors and Carrie Neighbors. (m) (Entered: 06/25/2007) 1 SEALED INDICTMENT (unsealed upon arrest) as to Guy S. Neighbors (1) on counts 1−4, and as to Carrie Neighbors (2) on counts 1−4. (mg) (Indictment unsealed and attached on 6/25/2007. (mg)) (Entered: 06/21/2007)

06/25/2007 06/25/2007 06/25/2007

06/25/2007 06/25/2007 06/20/2007