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Comes now the United States of America, by and through the undersigned
Acting United States Attorney and herein moves this honorable court to revoke the
defendant’s bond for failure to comply with the terms of his pretrial release order in the
above-referenced cases or, in the alternative, moves for an order for a mental
examination of the defendant. In support of this motion, the government offers the
following:
1. The United States incorporates by this references all claims and allegations
set forth in it’s Motion to Revoke Bond (Document [Doc.] 65) and the exhibits filed
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2. On July 18 and July 21, 2008, this Court conducted a hearing on that motion 1
but before a decision was rendered on the issues, the parties submitted an agreed-upon
temporary restraining order “which specifically prohibits all parties in this matter from
making any statements, other than to members of the defendants’ immediate family ...
any party, including but not limited to any internet sites or through any form of
of case No. 07-20123 and case No. 07-20073. (Doc. 118, p. 1-2).
3. On August 18, 2008, the provisions of the temporary restraining order were
made part of the conditions of the defendants’ bond in the cases styled United States v.
Guy and Carrie Neighbors, Case No. 07-20124 (Doc. 132) and Case No. 08-20105-
01/02-CM/JPO. (Doc. 27) Each of those orders provided in pertinent part: “Conditions
of release in the Obstruction Case will track those [which] have been previously set in
Case No. 07-20124 (the “EBayCase”) (Docs. 5 and 9). In addition to those conditions,
defendants shall comply with the agreed restraining order in the EBay Case (Doc. 118).”
(Docs. 132 and 27, p. 2). The defendant, Guy Neighbors, has again2 failed to comply
1
The United States requests the Court take judicial notice of all of the evidence
received at the hearing on that Motion.
2
See Doc. 128 and Doc. 142, Motions to Revoke Bond in Case No. 07-20124.
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electronic mail, a message to various individuals under the heading “Lawrence Police
officer Mike McAtee corruptly operates as a Federal agent crossing state lines to
interrogate and harass people for federal Prosecutor Terra Morehead.” (Exhibit 1,
attached). Attached to that e-mail were various documents, one of which was entitled
Recuses [sic] Themselves from Said Cases as To Avoid the Appearance of A Conflict of
Interest.”
false, to wit:
3. Kansas city FBI agent Walter Schaefer, poses as FBI agent Bob
Shaefer, to conduct fake FBI investigations outside of his agencies [sic]
juristictions [sic] to cover-up for Federal Prosecutor Marietta Parker, who
is conspiring to cover-up police misconduct.
The defendant is fully aware that all of the individuals mentioned in these paragraphs
are witnesses in the case or are attorneys representing the government. In light of the
revoke bond and by his own admission that the allegations of sexual misconduct are
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mere rumors, it is clear that the defendant intentionally and purposefully violated the
conditions of his bond. Therefore, the United States respectfully submits that Guy M.
U.S.C. § 1512, witness tampering. Without question, the e-mail sent by the defendant
on April 22, 2009, constituted a violation of the conditions of the defendant’s bond and
establishes that he is unwilling to conform his behavior to the order of the court.
Therefore, the government requests that the defendant’s bond be revoked and that he
Should the Court determine that there is insufficient evidence of the intentional
violation of the terms of Guy Neighbors’ supervised release, the United States
respectfully submits that the false statements the defendant published in his e-mail of
April 22, 2009, gives rise to the inescapable conclusion that he is currently suffering
from a mental disease or defect that prevents him from conforming his conduct to the
requirements of the terms of his pretrial release or that he suffers from a mental disease
or defect that causes him to be subject to delusions. Clearly, the defendant should
know that several of the above-referenced statements are not true because at the
3
The false allegations of professional and sexual misconduct by the prosecutors
taken together with the demand in the attachment to the e-mail, entitled “Notice of
Motion Requesting a Change of Venue and to Have Both Prosecutors Recuses [sic]
Themselves from Said Cases as To Avoid the Appearance of A Conflict of Interest”
indicates that the defendant continues in his attempts to prevent the attorneys for the
government from prosecuting the cases now pending against him, a clear attempt to
corruptly influence these officers of the Court in the lawful performance of their duties.
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hearing on the government’s first Motion to Revoke Bond, it was established that: all
physical evidence recovered during the investigation of this case is either in the custody
of the Lawrence, Kansas, Police Department or has been returned to the rightful owners
(Doc. 150, Transcript of Motions held on July 18 and 21, 2008, testimony of S.A. D.
Nitz, at pp. 217-18); that neither Officer Bailek nor Officer Rantz posed as FBI agents
during the investigation of this case (Doc 150 at p 37-38, testimony of P.O.M. Rantz);
and that F.B.I. S.A. Walter Robert “Bob” Schaefer conducted an investigation of those
allegations and was unable to corroborate the allegation. See (Doc. 150 at p 186-192,
In addition to the reassertion of these allegations, the defendant made false and
defamatory allegations of misconduct by the prosecutors in this case without any basis
Ex. 1. These statements establish reasonable cause to believe that the defendant may
presently be suffering from a mental disease or defect such that he rendering him
4
Counsel for the United States categorically and unequivocally deny each and
every one of the allegations made against them in the defendant’s e-mail of April 22nd.
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Title 18, United States Code, Section 4241(a) provides in pertinent part:
Title 18, United States Code, Section 4247 provides in pertinent part:
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restraining order and the orders of the court relating to the terms of his pretrial release,
the United States submits that this conduct gives rise to a reasonable belief that the
defendant is currently unable to understand the proceedings and to assist in his own
defense. Therefore, the United States moves this Court for an order directing the
defendant to the custody of the Attorney General pursuant to 18 U.S.C. §§ 4241 4247
disease or defect rendering him mentally incompetent to the extent that he is unable to
understand the nature and consequences of the proceedings against him or to assist
WHEREFORE, for the foregoing reasons, the United States respectfully requests
that this defendant be found in violation of the terms of the temporary restraining order
and his pretrial release conditions and, for the reasons stated in this motion and in the
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government’s prior Motions to Revoke Bond in Case No. 07-20124 (Docs. 64 - 66 and
129) and that he be detained. In the alternative, the United States respectfully requests
an order directing the defendant to the custody of the Attorney General pursuant to 18
U.S.C. §§ 4241 and 4247 for a mental examination to determine if the defendant is
suffering from a mental disease or defect rendering him mentally incompetent to the
extent that he is unable to understand the nature and consequences of the proceedings
Respectfully submitted,
Certificate of Service
I hereby certify that on the 27th day of April, 2009, the foregoing was
electronically filed with the clerk of the court by using the CM/ECF system which will
send a notice of electronic filing to the following:
John Duma
303 E. Poplar
Olathe, KS 66061
Attorney for Defendant Carrie Marie Neighbors
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Cheryl A. Pilate
Morgan Pilate LLC
142 N. Cherry
Olathe, KS 66061
Attorney for Defendant Guy Madison Neighbors
I further certify that on this date the foregoing document and the notice of
electronic filing were mailed by first-class mail to the following non-CM/ECF participants:
None
s/Marietta Parker
Acting United States Attorney
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