Description

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
(Kansas City Docket)
UNITED STATES OF AMERICA, )
)Lanny D. Welch's
Plaintiff, )
)
v. )
)
GUY MADISON NEIGHBORS, )
)
Defendant. )
Case No. 07-20124-02-CM
UNITED STATES’ RESPONSE TO DEFENDANT
GUY MADISON NEIGHBORS’ MOTION
FOR REINSTATEMENT OF PRETRIAL RELEASE
Comes now the United States of America by and through the undersigned
Assistant United States Attorney, and in opposition to defendant’s Motion for
Reinstatement of Pretrial Release, offers the following suggestions.
I. Relevant Procedural Background
On May 1, 2008, the United States filed its first Motion to Revoke Bond.
(Document [Doc.] 65) On July 18 and July 21, 2008, the magistrate judge conducted a
hearing on that motion. At the hearing, the government presented evidence that the
defendant had engaged in post-indictment criminal conduct including violations of § 21-
4004, K.S.A., criminal defamation; of 18 U.S.C. § 1503, influencing an officer; and of 18
U.S.C. § 1512, witness tampering. The government’s evidence was uncontroverted.
On August 30, 2008, before a decision was rendered on those issues, the parties
2
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 ... in writing, orally or by electronic dissemination, either
personally or indirectly through any party, including but not limited to any internet sites
or through any form of communication whatsoever which mentions the names of any
witnesses, attorneys, potential witnesses or of any persons associated with the
investigation or prosecution” of case No. 07-20124 and case No. 07-20073. The
temporary restraining order was approved by the court and filed in the record.
(Doc. 118, p. 1-2).
On Friday, August 8, 2008, in case No. 08-MJ-8077-01/02-JPO, the defendant
and his co-defendant/spouse, Carrie Neighbors, were charged in the District of Kansas
by complaint with one count of obstruction of justice in violation of 18 U.S.C. § 1512 and
arrested on that charge. On August 12, 2008, the government filed a second Motion to
Revoke Bond in this case based upon the arrest of the defendant on the criminal
complaint. That motion was denied on August 18, 2008.
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 in that case) 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, respectively, p. 2).
3
On August 20, 2008, a grand jury found probable cause to believe that the
defendant and his spouse had committed the felony offense of obstruction of justice in
violation of 18 U.S.C. §§ 1512(c) and 2, and returned a true bill charging them with that
offense in Case No, 08-20105-01/02-JWL. (Doc. 28 in Case No. 08-20105)
On April 27, 2009, the government filed another Motion to Revoke Bond or, In the
Alternative, for Mental Examination and for Show Cause Hearing. (Doc. 165) The
basis for the motion was yet another dissemination by Guy M. Neighbors of what he
knew to be false and defamatory information about several of the witnesses in this case
and the prosecutors. After a hearing on the government’s Motion, the magistrate judge
made numerous factual findings as required under the provisions of 18 U.S.C. §
3142(g) including a determination that the “threat of continued criminal defamation of
Government counsel and witnesses if defendant were released poses a serious risk of
danger to t