DAY 4 Trial of Carrie Neighbors

USA V CARRIE NEIGHBORS 502
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UNITED STATES DISTRICT COURT DISTRICT OF KANSAS UNITED STATES OF AMERICA, Plaintiff, v. CARRIE NEIGHBORS, Defendant. ................... TRANSCRIPT OF JURY TRIAL - DAY FOUR BEFORE THE HONORABLE CARLOS MURGUIA, UNITED STATES DISTRICT JUDGE. APPEARANCES: For the Plaintiff: Marietta Parker Asst. US Attorney 360 US Courthouse 500 State Avenue Kansas City, KS 66101 John Duma Attorney at Law 303 E Poplar Street Olathe, KS 66061 Nancy Moroney Wiss, CSR, RMR, FCRR Official Court Reporter 558 US Courthouse 500 State Avenue Kansas City, KS 66101 Docket No. 07-20124 Kansas City, Kansas Date: 9/16/10
For the Defendant:
Court Reporter:
NANCY MORONEY WISS, CSR, RMR, FCRR
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I N D E X GOVERNMENT'S WITNESSES: John Rea Direct Exam by Mr. Oakley Cross Exam by Mr. Duma Re-Direct Exam by Mr. Oakley Joey Ray Cadenhead Direct Exam by Ms. Parker Cross Exam by Mr. Duma Re-Direct Exam by Ms. Parker Shannon Riggs Direct Exam by Ms. Parker Cross Exam by Mr. Duma Amy Price Direct Exam by Mr. Oakley Jay Bialek Direct Exam by Mr. Oakley EXHIBITS: CI 1.6 CI 2.6 CI 3.5 Govt's 155, 155 TR Govt's 156, 156 TR Govt's 157 Govt's 158 Govt's 159 Govt's 160 Govt's 161 Govt's 162 Govt's 163 Govt's 164 Govt's 165 Govt's 166 Govt's 167 Govt's 168 Govt's 169 Govt's 170 Govt's 171 Govt's 172 Govt's 173, 174 Govt's 175 Govt's 176 Govt's 177 Govt's 178 Govt's 179 Govt's 180.1 Govt's 180.2 Govt's 181 OFFERED 556 560 568 600 593 606 611 562 614 617 618 619 619 623 624 623 625 626 630 631 632 632 633 634 620 637 638 639 641 642
514 522 525 527 569 584 589 595 598 602 RECEIVED 557 560 568 601 593 606 611 562 614 617 618 619 620 623 624 624 625 626 631 631 632 633 634 634 620 637 638 639 641 642
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EXHIBITS: Govt's 182 Govt's 183 Govt's 184 Govt's 186 Govt's 187 Govt's 188 Govt's 189 Govt's 190.1, 190.2 Govt's 191 Govt's 192 Govt's 193 Govt's 195 Govt's 196 Govt's 197.1, 197.2 Govt's 198 Govt's 199 Govt's 200 Govt's 201 Govt's 225.1 Govt's 225.2 Govt's 225.3 Govt's 225.4 Govt's 226 Govt's 228 Govt's 235 Govt's 236 Govt's 237 Govt's 238
OFFERED 643 644 645 648 650 651 652 652 653, 656 656 657 658 661 662 663 664 664 665 518 519 520 521 645 635 628 629 623 621
RECEIVED 643 644 645 648 650 651 652 652 654, 656 656 657 659 661 662 663 664 664 666 518 519 520 521 645 635 628 629 623 621
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THE COURT:
Thank you.
We're getting ready
to call back the jury unless there's anything that needs to be brought up. MS. PARKER: Your Honor, this morning,
Mr. Duma provided to the government a copy of a recorded -- a telephone call that Mrs. Neighbors had with the government's next witness. Mr. Duma I know was
not aware of the existence of that recording until yesterday afternoon, and he did appropriately make it available for our review this morning. We have no
objection in this instance if he wants to enter the recording and play it, but I would make a motion on behalf of the government, basically, if Mrs. Neighbors has any more of these undisclosed kinds of tape recordings, that they be denied as evidence in this case for failure to follow the notice rules and to provide the government with copies of them. If we have to stop
and do this with every witness or with three or four more witnesses, it's going to prolong this trial another day or day and a half. So, we just make the motion that
any late disclosures disqualify the evidence. THE COURT: MR. DUMA: counsel has said. Mr. Duma? Your Honor, I appreciate what
I have given to the government the
only other potential document that might come in as an
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exhibit that I had not previously identified in my exhibit list. To my knowledge, and I will state that
I've discussed this with my client, we have nothing else that we're going to offer in impeachment -- in the way of impeachment other than what I have provided the government. Now, if something out of the ordinary
occurs, then we'll take that up at the bench, but I think that we've got this problem solved. MS. PARKER: And Mr. Duma has provided us
with two documents, and we have no objections to the defendant using that I believe in cross-examination of one of the witnesses. But other than that, we would
object to any other late disclosures. MR. DUMA: And Judge, the only other thing
I'll say, this will push us back about 15 minutes, but I think because of the importance of this particular issue to my client, I think I will, if the government doesn't have an objection, just play this phone recording that Miss Neighbors had with this -- with this witness, for what it's worth. MS. PARKER: And Your Honor, we don't have
any objection to the playing of the recording, but some of the statements on there are self-serving by Miss Neighbors and have really nothing to do with impeaching this witness. What Mr. Neighbors knew, what
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Mrs. Neighbors knew that she's imparting to this witness in the phone call would have no bearing on any kind of impeachment or cross-examination. So, we would just
request that the portion that you play be limited to that portion which you feel is impeachment, which I think is the first part of it. MR. DUMA: That's going to be almost
impossible for me to do, 'cause I -- I think -- I mean, just because I really have had relatively recent exposure to it. I -- if the government feels
comfortable in having their technical people stop it at an appropriate time, but I think that -- that -- if we're not going to play at all, then let's just not play any of it, because I don't -- I don't have it transcribed, I don't have a way to -- to -- to do that on a short notice. So, if the government -- I thought
Miss Parker said she wasn't opposed to having it played. I can't redact it at this late date, so I'll just not play it at all if the government has the objection. MS. PARKER: Well, we object, as I said, to
the part that basically tells her story of the shoes without opening her up to cross-examination on it, and this witness has no idea what happened between Mr. Neighbors and the person who sold him the shoes. So, there's no way it can impeach his testimony, and I
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think the portion that you -- the defendant believes is the most telling is the one where he says he got two cartons of shoes back, when in fact the police report says there were 12 cartons returned, and once we get past that, I don't think there is any other portion of that tape-recording that is anything other than self-serving. MR. DUMA: I would agree, and as long as the
government is responsible for stopping it after that with their technical people, because I don't have the -I'm not set up to play it. MS. PARKER: five minutes. MR. DUMA: THE COURT: Thank you. I mean -Let me -- let me It's relatively short.
Yeah, that's the first four or
Anything else?
mention this to the parties in regards to this, and it's a couple things here that have been brought to the court's attention. Let me take up the last one first
and then get back to the late disclosure of this evidence. In regards to the playing of the CD, for our
record, what would you mark that as, Defense Exhibit -MR. DUMA: THE COURT: It would be Defense Exhibit 1. Defense Exhibit Number 1 -- I
think we say 401, don't we, Jennifer? MS. WALTON: Yes.
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THE COURT:
Defense Exhibit 401, it's been
represented to the court that this exhibit is a tape-recording that took place between the defendant Carrie Neighbors and the government's witness that's going to be called, Anthony Reyes. MR. DUMA: THE COURT: MR. OAKLEY: MS. PARKER: sorry, it's John Rea. THE COURT: John Rea, and I've heard the No, sir, this gentleman here. And what's his name? John Rea. And I may have said Reyes. I'm
arguments in regards to whether or not this should be played. Let me comment in the following way. If it's
being offered as impeachment evidence -- is that correct, Mr. Duma? MR. DUMA: Impeachment and clarification,
THE COURT:
For impeachment and maybe even
for clarification which would be brought in with that impeachment argument, what I would first suggest is that the witness -- he's in the courtroom. he's in the courtroom? MS. PARKER: Do you mind if
Do you need him to leave? I don't mind. He listened to
THE COURT:
Well, I'm going to ask that he
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leave the courtroom for a second. MS. PARKER: THE COURT: All right. Sorry, sir. If it's being used
for impeachment, possibly even clarification, it's almost -- if it's clarification, almost something to refresh his memory, but for impeachment, what the court believe -- would believe would be proper would be for counsel to ask him specifically, first, on the witness stand, did he say whatever you think he said on that CD. If he in fact does acknowledge that was said, then to the court, that would eliminate the necessity of having to play that for impeachment purposes. If he denies it
or if he doesn't recall, then at that point, I'd be more inclined to let that be played at that point. In the
manner in which it's to be played, I don't know if we're set up to actually have it stop, start, stop, start, for the jury's benefit. I think if there's no objection
from the government, which there is partly, but we just play that initial portion, and if anything, the parties can ask for possibly a limiting instruction, and that's also what Miss Parker is saying is argument in regards to the weight the court should -- the jury should give this evidence, but the court could instruct them that it's being offered for purposes of clarification, and what the court -- the jury should focus on would be his
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statements and not necessarily the comments from Miss Neighbors. That's a suggestion. In -- so, that's where
the court believes that it is in -- regarding the playing of the Defendant's Exhibit 401. In regards to
the late disclosure, there were rules in effect regarding discovery, reciprocal discovery. I'm not
going to say at this point that there's any showing to the court that this was done deliberately, Miss Neighbors, or you did it in bad faith. before the court. that. That's not
I'm not going to make any ruling on
I'll give the benefit of the doubt at this point This was something just there and that
to defendant.
now has been discovered, but I do believe that if there's anything in the future of this nature, the court might have to look at it more closely, and at that point, after argument and review, I may end up deciding it may or may not come in. So, one of the ways I think
that could be possibly addressed by the parties before it comes to the court is if in fact there is anything else out there, that both sides immediately let the other side know about that so that that could be reviewed and then brought to the court's attention, if necessary. MS. PARKER: And Your Honor, if I haven't
made it clear, the government believes that Mr. Duma has
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been forthcoming and been timely in his disclosures.
We
do not mean to infer that the late disclosure is in any way attributable to Mr. Duma. THE COURT: MR. DUMA: MS. PARKER: THE COURT: Anything else? Nothing. Nothing from the government. So, are the parties then clear
on what the court has found to be in regards to this exhibit? MR. DUMA: Judge, I think what -- I think
what will happen is I think I will ask this gentleman, do you remember a conversation you had with Miss Neighbors. Since he just heard it, I'm sure he will. I
will ask him what might appear to be a discrepancy between what he said and what he'll probably testify to, and just from talking to him, I think he has a pretty reasonable explanation. Then there won't be any
necessity to play that tape. THE COURT: We'll see what takes place on
the witness stand, but that would probably be along the lines of what I am recommending to be the appropriate way to address this. call the jury back. MS. PARKER: Thank you, Your Honor, for If there's nothing else, we'll
giving us the time to take that up.
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(Jury returned to court at 9:35 AM.) THE COURT: THE JURY: THE COURT: had a good night's rest. Good morning. Good morning. Thank you. Hopefully everyone
As you know, we're having the So, need for you once again
day's full of the evidence.
to be alert, to be attentive to everything that's being presented to you. this morning. And I will apologize for our delay
That's solely the decision of the court,
and not that you would, it's not to be held against the parties. There are just times that things arise, and I
have to review certain things or do certain things, and again, it's the court and not the parties. So, again,
thank you for your patience, your cooperation, and we'll continue with the presentation of the evidence. you. MR. OAKLEY: Your Honor, the United States Thank
would call as its next witness John Rea. THE COURT: Please come forward. Sir, if
you'll please raise your right hand. (Witness sworn.) THE WITNESS: THE COURT: as you get in there. I do. Please take your seat. Careful
If you would, as you give your
answers to the questions you're asked, please speak up
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loud and clear and speak into the microphone.
And you
may want to move that microphone down a little bit. There you go. your name. THE WITNESS: THE COURT: THE WITNESS: THE COURT: John Rea, R E A. R E A? Uh-huh. Thank you. JOHN REA, Called as a witness on behalf of the government, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MR. OAKLEY: Q. A. owner. Q. A. Q. A. Q. You own the -Yes. -- the sporting goods store? Yes. And it's probably clear by its name, but what's Sir, how are you employed? I'm employed at Asay Sportsman Store. I'm the Mr. Oakley. Thank you. We'll start with you stating
Asay's do? A. Mr. Asay is the original owner. That's who I
used to work for and who I bought the company from. It's a just a family name.
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Q. A. Q. A. Q. store? A. Q.
All right. Right.
And it's a sporting goods store?
How long have you owned the store? I bought it in 1999. Prior to buying it in 1999, did you work at the
Yeah, I started there in '82. Sir, I'd like to direct your attention to the At that time, were you
first part of February of 2006.
contacted by Lawrence police officers? A. Q. Yes. And did they discuss with you some shoes that
they believed might belong to you? A. Q. Yes. Prior to February 2006, did you have some cases
of shoes stolen from you? A. In that February, we had a break-in in our mini
warehouse. Q. A. Q. A. store. Q. Okay. Were these -- you say warehouse. Did you Okay. Yeah. And where is that located? It's on 8th, 8th Street about two miles from our At your warehouse?
also have some storage units?
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A.
It was a single storage unit that we had that we
put outdated shoes and merchandise in. Q. Do you know how many cases of shoes that you had
in the storage unit at the time it was broken into? A. Q. A. I don't know an exact number how many we had. Okay. And what did you keep in there? It could have been some
We kept outdated shoes.
racks and some other -- other clothing and stuff that was just outdated or we couldn't sell anymore. Q. Okay. When you say outdated shoes, were these
shoes that you no longer wanted? A. Well, it's not that we wanted them. They were
just older shoes, and they didn't -- didn't seem like they were selling. time. We tried selling 'em for a long
So, we only have limited space in our store to And so, when it becomes
keep so much merchandise.
older, we move it to the warehouse. Q. shoes? A. What we normally do is we donate 'em to rescue Okay. What did you intend to do with those
mission or boys' clubs or somebody like that. Q. Okay. And do you ever have sales where you try
and get rid of some of your clearance items? A. We generally have a sidewalk sale we call it in
the summer, one time during the summer, and try to get
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rid of some of the old obsolete merchandise. Q. A. Q. Okay. And sometimes if it's summer --
Sometimes those will come back, yeah. Did you indicate to the police officers that,
yes, you did in fact have some shoes stolen from you? A. Q. A. Yes. And did the officers return the shoes to you? They returned 'em to my bookkeeper. I wasn't at
the store at the time when they brought 'em back. Q. And did you determine that those shoes did in
fact belong to Asay Sports? A. Q. Yes, they had our price sticker labels on 'em. Okay. We talked about where the storage unit was
located. A. Q.
I think you said it was in Topeka?
Uh-huh. I assume the sporting goods store itself is
located in Topeka? A. Q. Right, yeah, downtown Topeka, uh-huh. Okay. When the officers talked to you, did they
call you on the phone or did they come to your place of business? A. Q. A. When they brought back the equipment or -When they asked you about the stolen shoes. They asked me about stolen shoes, they just
called, yeah.
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Q.
I'm going to hand you some photographs that have
been marked, and first I'd like to hand Government's Exhibit 225.1. A. Q. A. Q. Yes. What's that a photograph of? It's photograph of the boxes of shoes. And are those the boxes of shoes that were stolen Sir, do you recognize that photograph?
from your warehouse? A. Q. Yes. Is that photograph a fair and accurate depiction
of the boxes that were stolen from you? A. Yes. MR. OAKLEY: Your Honor, at this time I'd
offer Government's Exhibit 225.1. THE COURT: MR. DUMA: THE COURT: Exhibit 225.1. BY MR. OAKLEY: Q. you? A. Q. Yes. And just looking through here, appears there's Sir, those were the boxes that were returned to Any objection? No objection, Your Honor. At this time the court admits
one, two, three, four, five, 10, 11, 12 boxes, is that correct?
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A. Q.
Yes. Next going to hand you what's been marked as Do you recognize that?
Government's Exhibit 225.2. A.
Yes, it's a shipper label from the manufacturer
into our store. Q. And was that label on -- typically on the outside
of the boxes? A. Yes, we -- we very rarely ever took the shipping
labels off unless we were going to use 'em to re-ship. Q. And was that a label that was affixed to one of
the boxes that was returned to you by the Lawrence Police Department? A. Q. Yes. Is that photograph a fair and accurate depiction
of the way that label appeared when you received those -- that item back? A. Yes. MR. OAKLEY: Your Honor, I'd offer
Government's Exhibit 225.2. THE COURT: MR. DUMA: THE COURT: Exhibit 225.2. BY MR. OAKLEY: Q. Sir, it appears that this particular box with the Any objection? No objection. At this time court admits
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label came from Nike to your store located there in Topeka, is that correct? A. Q. Yes. Were all of these cases of shoes Nike's or were
there different manufacturers in there? A. No, there was -- there was Nike, Converse, Asics,
Spotbilt, various manufacturers. Q. Next I'm going to hand you what's been marked as
Government's Exhibit 225.3 and ask you to take a look at that. A. Q. A. Q. Could you tell us what that is? It's another shipper label. And that's a photograph of the shipping label? Yes. Is that photograph a fair and accurate depiction
of the way that the label appeared? A. Q. Yes. And is that -- was that label affixed to one of
the boxes that you got back from the Lawrence Police Department? A. Yes. MR. OAKLEY: Your Honor, I'd offer
Government's Exhibit 225.3. THE COURT: MR. DUMA: THE COURT: Any objection? No objection. At this time the court admits
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Exhibit 225.3. BY MR. OAKLEY: Q. Sir, again, this is shipping label that was on
the box when it was sent in this case again from Nike to your store there in Topeka? A. Q. Yes. Next I'm going to hand you what's been marked as Do you recognize that?
Government's Exhibit 225.4. A. Q. A. Q. Yes.
And what is that a photograph of? It's another shipper label on a box. Is that photograph a fair and accurate depiction
of that particular shipping label as it appeared when you received it back from the Lawrence Police Department? A. Yes. MR. OAKLEY: Your Honor, I'd offer
Government's Exhibit 225.4. THE COURT: MR. DUMA: THE COURT: Exhibit 225.4. BY MR. OAKLEY: Q. Mr. Rea, in this particular case, this shipping Any objection? No objections. At this time the court admits
label was from Converse to your store in Topeka?
09:47:40 09:47:41 09:47:44 09:47:47 09:47:51 09:47:52 09:47:52 09:47:55 09:47:56 09:47:56 09:47:58 09:48:05 09:48:06 09:48:09 09:48:10 09:48:10 09:48:12 09:48:15 09:48:19 09:48:22 09:48:22 09:48:24 09:48:26 09:48:27 09:48:28
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A. Q.
Right. Now, you said that there were 12 boxes that were
returned to you by the Lawrence Police Department, but did you have more than 12 cases of shoes in that storage unit? A. Q. Yes, we did. So, there were additional cases that were not
returned to you? A. Q. A. Yes. In February of 2006? Correct. MR. OAKLEY: this witness, Your Honor. THE COURT: Cross-examination? I have no further questions of
CROSS EXAMINATION BY MR. DUMA: Q. Mr. Rea, you'd indicated that these particular
shoes that were returned to you were older shoes that you had placed in the store but hadn't been able to sell, is that correct? A. Q. A. Placed in the storage unit, yes. I mean, had they been in -Originally, they were in the store for sale
retail-wise, yes. Q. Okay. And then once they sat there in the store
09:48:31 09:48:33 09:48:35 09:48:38 09:48:41 09:48:43 09:48:45 09:48:47 09:48:51 09:48:53 09:48:53 09:48:58 09:49:00 09:49:02 09:49:04 09:49:05 09:49:06 09:49:07 09:49:10 09:49:12 09:49:19 09:49:21 09:49:23 09:49:23 09:49:24
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long enough, you thought, well, they're not moving, so I'm going to take those out and put 'em in a storage unit and put some newer stuff in to try to get it sold? A. What we do is we try to sell 'em through the
summer sidewalk sale first, and then after that, then move 'em to the warehouse. Q. Okay. So, these particular shoes had not sold on
the store floor, had not sold on the summer sidewalk sale, and then were sent to that storage unit? A. Q. Correct. Okay. And then from there, they normally went to
some donation through a mission or something? A. Q. A. Q. A. Q. Correct, we tried to donate 'em. Did you ever throw any of 'em away? No, huh-uh, never. Just donated 'em if you could? Yes. All right. Do you know when those -- when that
original theft occurred? A. of '03. Q. A. Q. A. July 24th of '03? Uh-huh. Was the original theft? Yeah. I believe it was in February of -- no, July 24th
09:49:25 09:49:33 09:49:35 09:49:38 09:49:38 09:49:39 09:49:40 09:49:41 09:49:42 09:49:48 09:49:54 09:49:59 09:49:59 09:50:02 09:50:02 09:50:03 09:50:05 09:50:06 09:50:11 09:50:14 09:50:17 09:50:19 09:50:21 09:50:23 09:50:24
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Q.
Okay.
And so, those 12 boxes were returned to
you after the police recovered 'em, is that correct? A. They were returned to my bookkeeper, yes, to the
store, yes. Q. A. Q. A. Q. All right. Do you remember when that was?
It was in February. Of '06? Yes. Okay. Now, the -- the labels there on the -- on
the boxes, they clearly show that they tie those boxes of shoes in with your store, I think is what we saw, is that right? A. yes. Q. Right, and those are the boxes that were returned They're boxes that were shipped to our store,
to you that had been previously stolen? A. Q. Yes. All right. So, if I -- if I saw that box, let's
just say government brought it in here and -- as an exhibit, and they put it on the ground, and those labels would be on the outside of the box, so that if I looked at it, I could tell that it was supposed to have been shipped to your store originally, correct? A. Q. Originally, yes. All right. Thank you. No further questions.
09:50:27 09:50:29 09:50:29 09:50:31 09:50:33 09:50:36 09:50:39 09:50:42 09:50:45 09:50:45 09:50:50 09:50:52 09:50:52 09:50:53 09:50:54 09:50:58 09:50:59 09:51:00 09:51:02 09:51:03 09:51:04 09:51:05 09:51:07 09:51:07 09:51:08
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Honor.
THE COURT:
Any redirect?
RE-DIRECT EXAMINATION BY MR. OAKLEY: Q. Just a follow-up on the last question that So, anyone receiving those boxes of
Mr. Duma asked.
shoes, just by looking at the outside, would know that they at least at one point belonged to your store? A. Correct, at some point, they were shipped to us
originally. Q. And these were all boxes with brand new shoes;
may have been outdated, but they were brand new shoes? A. Yes, all new. MR. OAKLEY: No further questions, Your
THE COURT: MR. DUMA: THE COURT:
Any re-cross on that? No, Your Honor. Thank you.
If there's nothing else of the
witness, was the witness subpoenaed to testify? MR. OAKLEY: THE COURT: Yes, Your Honor. Are you asking that he be
released from his subpoena? MR. OAKLEY: THE COURT: MR. DUMA: THE COURT: Yes, Your Honor. Any objection? No objections. At this time, sir, you are
09:51:09 09:51:12 09:51:14 09:51:17 09:51:18 09:51:19 09:51:23 09:51:46 09:51:47 09:51:51 09:52:04 09:52:06 09:52:10 09:52:11 09:52:13 09:52:18 09:52:20 09:52:22 09:52:23 09:52:24 09:52:25 09:52:28 09:52:29 09:52:32 09:52:34
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
released from your subpoena. free to go.
You are excused.
You're
The only thing that I'll ask is that you
not discuss your testimony, what you said in here, with anyone else as you leave. THE WITNESS: THE COURT: THE WITNESS: MS. PARKER: Okay. Thank you. Thank you. Your Honor, as its next
witness, the government will call Joey Cadenhead. THE COURT: Come forward. Before you sit
down, I need for you to raise your right hand. (Witness sworn.) THE WITNESS: THE COURT: as you get in there. Yes, sir. Please take your seat. Careful
answers to the questions you're asked, please speak up loud and clear and speak into the microphone. THE WITNESS: THE COURT: your name. THE WITNESS: THE COURT: THE WITNESS: THE COURT: MS. PARKER: Joey Ray Cadenhead. Will you spell your name? C A D E N H E A D. Thank you. Miss Parker. Yes, sir. Have you start with you stating
Thank you, Your Honor.
09:52:34 09:52:34 09:52:34 09:52:35 09:52:35 09:52:38 09:52:40 09:52:41 09:52:43 09:52:43 09:52:47 09:52:51 09:52:52 09:52:53 09:52:58 09:53:03 09:53:05 09:53:08 09:53:08 09:53:11 09:53:15 09:53:19 09:53:20 09:53:23 09:53:23
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MS. PARKER: Q. A. Q. A. Q.
JOEY RAY CADENHEAD, Called as a witness on behalf of the government, having been first duly sworn, testified as follows: DIRECT EXAMINATION
Mr. Cadenhead, what town do you live in? Lawrence, Kansas. And you're here today under a subpoena, correct? Yes, ma'am. All right. And you're here today because you
are -- agreed to cooperate with the government in an investigation, correct? A. Q. Yes, ma'am. All right. And were you promised anything to
cause you to agree to testify and to participate in this prosecution? A. case. Q. All right. In other words, you were told that No, ma'am, other than not to be indicted in the
your statements would not be used against you in any attempt to charge you as a conspirator in this case? A. Q. A. Q. Yes, ma'am. But no other promises were made? No, ma'am. Now, you have a criminal record, do you not?
09:53:26 09:53:27 09:53:33 09:53:37 09:53:38 09:53:39 09:53:44 09:53:47 09:53:47 09:53:48 09:53:50 09:53:52 09:53:53 09:53:54 09:53:57 09:54:02 09:54:02 09:54:03 09:54:05 09:54:06 09:54:11 09:54:16 09:54:16 09:54:17 09:54:22
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A. Q.
Yes, ma'am. All right. Isn't it true that on July 18th,
2006, you were convicted of a misdemeanor theft in Emporia, Kansas? A. Q. Yes, ma'am. And July 18th of 2006, that's about the time you
were cooperating in this case, right, or shortly after that? A. Q. Yes, ma'am. All right. Did anybody from law enforcement in
this case do anything to help you get out of that misdemeanor theft? A. Q. No, ma'am. All right. You were convicted on July the 11th
of 2006 of another misdemeanor theft from Lawrence, Kansas, correct? A. Q. A. Q. Yes, ma'am. No help from anybody to get you out of that? No, ma'am. On November the 27th of 2006, you were convicted
of another misdemeanor theft, again in Lawrence, Kansas, correct? A. Q. Yes, ma'am. On September 26th of 2007, you were again
convicted of a misdemeanor theft in Douglas County,
09:54:25 09:54:26 09:54:27 09:54:30 09:54:31 09:54:31 09:54:38 09:54:42 09:54:42 09:54:42 09:54:47 09:54:50 09:54:51 09:54:52 09:54:55 09:54:58 09:55:00 09:55:00 09:55:06 09:55:11 09:55:11 09:55:12 09:55:15 09:55:18 09:55:20
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Kansas? A. Q. Yes, ma'am. And Douglas County is the county Lawrence is
located in, correct? A. Q. Yes, ma'am. On July -- or in July of 2010, you were convicted
of the felony of burglary, again, in Douglas County, Kansas? A. Q. Yes, ma'am. And on July the -- in July of 2010, you were also
convicted of the -- of misdemeanor theft, again, in Douglas County? A. Q. Yes, ma'am. All right. And any of those cases, did anybody
in law enforcement associated with this case do anything to help you get out of it? A. Q. No, ma'am. All right. Now, I'd like to direct your Where were you
attention to the early summer of 2006. living then? A. Q. A. Q. A. Lawrence, Kansas. All right. Stealing. All right. Businesses. Stealing from where?
And how were you making a living?
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Q. A. Q. A. Q. A. Q. A. Q.
Why were you stealing things to make a living? Support my drug habit. What drug habit did you have? Crack cocaine. You needed cash to buy drugs? Yes, ma'am. Were you working at a regular job? At first, yes. All right. Then I got fired from my job.
So, after a while, by June and July
of 2006, were you unemployed? A. Q. Yes, ma'am. And prior to June of 2006, how long had your drug
habit been active? A. Q. A few months. So, you started using crack cocaine sometime in
the first part of 2006? A. Q. A. Q. A. Q. Yes, ma'am, I had got back on it. All right. Yes, ma'am. Are you using it now? No, ma'am. How long has it been since you've had crack You had used it before?
cocaine? A. Q. I've been sober off drugs for 25 months. 25 months. All right. What effect did your
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crack habit have on your life? A. Q. A. Q. Lost everything I had. Like what? My family, my job, anything that means anything. All right. When you were stealing items, what
kind of items were you stealing? A. Like power tools, stuff that I could get some big
money for. Q. And what stores? You said you were stealing 'em
from stores.
Do you remember the names of the stores
you were stealing from? A. Kohl's, JC Penney's, Home Depot, Ace Hardware,
Westlake's. Q. A. Q. All right. Grocery stores. What did you steal from grocery stores that were
expensive items? A. Q. A. Q. A. Q. A. Q. Meat. What did you do with the meat? Sold it. On the street? Yes, ma'am, on the street as well. As well as what? Yellow House. So, Yellow House would buy meat from you?
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A. Q.
A couple times. All right. The other items that you mentioned
that you stole, the more expensive items, what did you do with those? A. Q. House? A. Friend of mine had told me that. MR. DUMA: Judge, I'm going to object to Sold 'em to Yellow House. All right. How did you know about the Yellow
anything the friend had specifically told him. MS. PARKER: Your Honor, we're not offering We're offering it only
it for the truth of the matter.
to explain why he went to the Yellow House. THE COURT: Come forward.
(Proceedings held at the bench, outside the hearing of open court.) THE COURT: In regards to the objection, I'm
going to sustain the objection regarding the hearsay statements that he may have been told by another third party. If in fact the government is not offering it for
that reason, I think it would be appropriate at this time for the government just to ask the witness that his knowledge was based on communications with some other person, but not the exact nature or specific nature of the communication, if you're using that just for
09:58:19 09:58:22 09:58:22 09:58:23 09:58:26 09:58:28 09:58:30 09:58:31 09:58:32 09:58:33 09:58:38 09:58:41 09:58:43 09:58:44 09:58:44 09:58:47 09:58:48 09:58:51 09:58:55 09:58:56 09:58:58 09:58:59 09:59:03 09:59:03 09:59:04
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
background for his knowledge in regards to the Yellow House. MS. PARKER: using it for, Your Honor. Yeah, and that is all we're I'll just rephrase the
question and ask him if somebody told him about the Yellow House and if he went there. MR. DUMA: THE COURT: MR. DUMA: No objection to that. Please continue. Thank you.
(Proceedings continued in open court.) BY MS. PARKER: Q. Now, Mr. Cadenhead, you said somebody told you
about the Yellow House? A. Q. A. Q. A. Yes, ma'am. And was that Lee House? Laura Helm and Lee House. All right. And who, first of all, is Laura Helm?
She's acquainted to me through my children's
mother which is her aunt. Q. A. Q. time? A. Q. Kind of, yes. And did you and Laura Helm have some kind of All right. Her brother. All right. Were you living with them at the And who is Lee House?
09:59:08 09:59:09 09:59:12 09:59:14 09:59:17 09:59:19 09:59:23 09:59:27 09:59:30 09:59:32 09:59:35 09:59:37 09:59:38 09:59:43 09:59:44 09:59:45 09:59:46 09:59:48 09:59:49 09:59:52 09:59:56 09:59:56 09:59:58 10:00:00 10:00:02
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
partnership? A. Q. Yeah, for the most part, you could say that, yes. All right. And what did your partnership do?
What did you and Laura Helm do together? A. Well, we would go in, for instance, like Kohl's,
and I would go to steal something, and she would act suspicious, and then I would tell somebody that worked at the store she was stealing, so they would watch her, and then I would walk out the door. Q. Okay. So, she was like a decoy for you when you
wanted to go in and steal something? A. Q. Yes, ma'am. All right. Yes, ma'am. And you said that you would go tell
the security people? A. Q. A. pants. Q. All right. And then based upon your Yes, ma'am. What would you tell them? That I seen some lady stick something in her
observations, you saw the security people go follow her? A. Q. A. Q. Yes, ma'am. And then what would you do? Walk out the store with what I had. All right. I'm going to hand you what's all
ready in evidence as Government's Exhibit 116, and I'm
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
also going to show it up here on the monitor for you. Mr. Cadenhead, have you had a chance to look through that book, and you know those are checks that were written to you, correct? A. Q. Yes, ma'am. All right. And just as an example, this first
check in here is a check written to you on June 14th of 2006 for $285. A. Q. A. Q. A. Q. Do you see that?
Yes, ma'am. All right. A vacuum. All right. And who signed that check? And that's for a what?
Miss Neighbors. And when you went to Yellow House, you went there
more than once, correct? A. Q. Yes, ma'am. And before June the 14th of 2006, had you been to Were you going there in June as -- I
Yellow House?
mean, in May as well? A. Q. About that time, yes, ma'am. All right. And who did you deal with at the
Yellow House? A. Q. Carrie Neighbors. All right. And when you went in to sell
something, would you describe how that process worked?
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it.
A.
Well, depend-- I just walk in there with whatever
I had and -Q. Let's say you had a vacuum on this occasion. You
walked in with a vacuum. have taken? A. Q. A. Q. A. Q. A. Q. Helm? A. Q. A. On one, yes. A Dyson. Why a Dyson?
What kind of vacuum would you
'Cause it's expensive. And where did you get your Dyson vacuum cleaners? Kohl's Department Store. All right. Yes, ma'am. Using that little diversionary trick with Laura You got 'em all at Kohl's?
On the other, no.
How did you get the other one out? I just got it and walked out of the store with
Q.
Okay.
So, you'd walk -- when you walked in with
this Dyson vacuum that you've just stolen from Kohl's, what -- how did the transaction occur then? A. I told 'em that I had something to sell, that I
was trying to get rid of it, that I'd got it for a gift, and that I wanted to sell it, and she asked what I wanted, and I offered her a price, and she told me she
10:01:58 10:01:59 10:02:00 10:02:04 10:02:06 10:02:07 10:02:08 10:02:09 10:02:11 10:02:13 10:02:18 10:02:21 10:02:21 10:02:24 10:02:27 10:02:29 10:02:29 10:02:33 10:02:35 10:02:39 10:02:40 10:02:42 10:02:44 10:02:46 10:02:48
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wouldn't give me that. Q. A. Do you remember what price you asked for? I want to say, I'm not hundred percent sure, but
it was like 350 or something like that. Q. was? A. Q. About $500. All right. You asked for 350, she said no, and Do you know what the retail value of that Dyson
then what happened? A. Q. A. Q. A. Q. She said she would give me 285, and I said yes. All right. Yes, ma'am. How did you cash that check? At the Shell Gas Station about a block away. All right. And why did you go to the Shell Gas And so, then she wrote the check out?
Station? A. Q. A. Because it was close and I know they cash checks. How did you know they cash checks? Laura and them had told me that I could cash the
check down there. MR. DUMA: MS. PARKER: MR. DUMA: Judge, I'm going to object. Somebody told you. Your Honor, I'd appreciate it if
-- I don't think -- I think this witness needs to be made aware that he can't say what other people told him,
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at least until I've had a chance to make an objection. THE COURT: There is an objection being made
to hearsay, which is statements that a witness from the witness stand may say based on what others have said to them, and in regards to that, that's not allowed under our rules, at least not unless there's an exception, and in this instance, I would find the objection should be sustained in regards to the witness's prior testimony about what someone told him specifically. continue. MS. PARKER: BY MS. PARKER: Q. A. Q. Laura Helm directed you to the gas station? Yes, ma'am. All right. And did you have to use Yeah. Thank you, Your Honor. Please
identification? A. Q. Yes, ma'am. Okay. And you used your -- you look here, Would that
there's some spaces that are blacked out. have been your driver's license number? A. Q. Yes, ma'am. All right.
Now, did Carrie Neighbors put that
driver's license number on there or did they do that at the Shell Station? A. At the Shell Station.
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Q.
All right.
And going back to the summary page,
go down here to the column here that says check date, 6/1, June 1st of 2006, a check was made out to you for a generator. A. Q. A. Q. A. Q. Do you see that?
Yes, ma'am. Where did you get the generator? Home Depot. Steal it? Yes, ma'am. All right. Did you take it in -- was it in the
box brand new? A. Q. No, it was on the shelf. All right. And how did you get a generator out
of Home Depot? A. I asked the store worker to help me get it off
the shelf, and then I rolled it to the front and got a sticker that I had all ready had, put it on it, and took it to return it. Q. All right. Let's talk about that sticker. What
kind of a sticker did you put on it? A. It's just a little green sticker. It comes in
sets of four.
It says the Home Depot on it, and like
when you return something, they peel a little edge of it off and put it on the item. Q. Is that when you're walking in with an item that
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you want to return, somebody usually -A. Q. A. Q. Yes, ma'am. -- puts that green sticker on? Yes, ma'am. All right. So, anybody in the store looking at
it will know you're returning an item? A. Q. Yes, ma'am. And you said you had gotten some of those. Where
did you get 'em? A. are at. Q. desk? A. There was no cashier there, and I seen 'em, so I How did you get them when -- from the cashiers' Off a counter, off the desk where the cashiers
snatched 'em. Q. A. Q. How many did you take? A whole roll. Okay. So, you would walk in with some of those
little green stickers? A. Q. Yes, ma'am. In this case, you did, and you went to the
generator aisle? A. Q. A. Yes, ma'am. And why did you pick a generator? Just 'cause it was worth a lot of money.
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Q. A. Q.
All right. No, ma'am. All right.
And -- but it wasn't in a box?
And then you put one of those green
stickers on it? A. Q. A. Yes, ma'am. And then where did you go? To the returns center at the other end of the
store by where the flower department's at, and told 'em I needed to return it. They said that the store can't
return it because it comes from a manufacturer and you have to call the manufacturer, so I knew they would tell me that, and then they tell you just to call the manufacturer and they send you out the door with it. Q. They send you out the door with what they believe
was an item you'd all ready brought in with you? A. Q. Yes, ma'am. All right. And then after you got that generator
out of the store, what did you do with it? A. I rolled it across the parking lot to the trailer
park next door and took it down to Yellow House. Q. A. Did you live across the road from the store? It's like -- it's not in the same parking lot,
but they're kind of next to each other. Q. And was it obvious from looking at that generator
that even though it wasn't in a box, it was new?
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A. Q. A.
Yes, ma'am. And how could you tell it was new? There was no scratches, no nothing on it. It
just had a little bit of dust from sitting on the shelf. Q. Did you prefer to take items like that that were
a little bit dusty? A. Q. A. Q. A. Q. Yes, ma'am. Why? Less questions. From whom? The store people. All right. Looked like maybe something you'd had
in your garage at home? A. Q. Yes, ma'am. And this is the generator that that first check
was written to you for, for $285? A. Q. Yes, ma'am. Well, not the one we looked at before, but the
first one for June the 14th was the one we looked at. But the check for this one is the second one in the book, which was written on 6/1 of '06, correct? A. Q. Yes, ma'am. Now, using the summary chart again, going -- you
were there on June the 3rd, correct? A. Yes, ma'am.
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Q.
And again, the check was written to you.
It was
a $200 check, and it was for a Dyson. A. Q. A. Q. That's a vacuum.
What's that?
Where did you get the Dyson, if you recall? Kohl's. All right. And did you use the method that you
described with Laura Helm as a decoy on this occasion? A. Q. Yes, ma'am, I believe it was this one. And when you got the Dyson vacuum cleaner out of
the store, what did you do with it? A. Q. A. Q. Took it to Yellow House. You've all ready described the transaction there. Yes, ma'am. Correct? All right. Now, you were in -- back in
the Yellow House on the 3rd after having been in there on the 1st selling a new expensive generator. Did
Mrs. Neighbors ask you anything about where you got the vacuum? A. Q. A. Q. A. No, she just asked if it was stolen. And what did you say? I said no. Why? Because if I told her it was stolen, she might
not buy it. Q. All right. Did she ask you to sign any forms
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when you were selling her items? A. Q. A. Yes, ma'am. What kind of forms would she have you sign? It was an -- I think it was a seller's form
saying that it's not stolen. Q. All right. Did you ask her why you wanted -- why
she wanted you to sign that? A. Q. A. Q. No, ma'am. Did you sign 'em? Yes, ma'am. Weren't you worried about putting your name on
something? A. Q. At that point, no. Next time -- the next check that was written was
one written on June the 6th, again to you for a pressure washer. A. Q. Where did you get the pressure washer? It was Westlake's. How did you get the pressure washer out of
Westlake? A. Just went and got it off the shelf, took it up to
the register and told 'em I wanted to return it. Q. Did it have any sticker or anything like that on
it to identify it? A. Q. No, ma'am. All right. No, ma'am. You just wheeled it up to a cashier
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or to the customer service desk? A. Q. A. Q. A. Q. A. Q. Cashier. And what did the cashier tell you? They can't return it. Why not? No receipt, manufacturer. All right. And then what did you do?
Walked out with it. Again, cashier believing that this was something
you brought in with you? A. Q. A. Q. A. Q. Yes, ma'am. You took that where? To the Yellow House. All right. Yes, ma'am. What were you doing with all the money you were And on this occasion, you got $350?
getting? A. Q. Smoking crack. The next day, June the 7th, you were in there This time it's a check for $460.
again getting a check. Do you see that? A. Q. A. Q. Yes, ma'am. All right.
And that was for how many items?
It was a two, I believe. All right. A chop saw and a welder?
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A. Q. A. Q. A.
Yes, ma'am. Where did you get those items? Home Depot. How did you get 'em out? The same way, I'd act like I bought it, put the
sticker on it, walk to customer service, ran it down to 'em, they told me to leave. Q. Now, did you take both items in your cart to
customer service at the same time or did you make two trips? A. Q. Same time. All right. So, then you wheeled 'em out to your
car and you took 'em to Yellow House? A. Q. Yes, ma'am. All right. Now, each and every time you went to
the Yellow House, did you ever deal with anyone except Carrie Neighbors? A. Q. No, ma'am. All right. And when you went in there on this
date, the day after you had been in there with an expensive pressure washer, did Carrie Neighbors ask you any questions about where you were getting all this new stuff? A. Q. No, ma'am. Then were you in there again the next day, on
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June the 8th with tools? A. Q. A. Q. A. Yes, ma'am. And in that instance, you got a $200 check? Yes, ma'am. Remember what kind of tools you were selling? It was a --like a power drill set, like a set of
different tools, like a drill and a -- maybe a flashlight, like there's more than one kind of tool in there. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. Do you remember what brand? De Walt. Why De Walt? 'Cause it's expensive. And how did -- which store did you take it from? Home Depot. Same way? Yes, ma'am. Just walked it out? Yes, ma'am. All right. Yes, ma'am. She have you sign another one of those seller's You took that to Carrie Neighbors?
forms that said you didn't steal it? A. Q. Yes, ma'am. Then the next check here is the next day, June
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the 9th where you took in a window air conditioner unit and got a check for $275. air conditioner unit? A. Q. A. Q. A. Home Depot. New? Yes, ma'am. How did you get that out? Same way, put a sticker on it and walked to Where did you get the window
customer service. Q. All right. Now, back in the summer of 2006,
did -- did you look pretty much like you look now? A. Q. A. Q. A. Q. A. Q. No, ma'am. How -- how were you different? About 60 pounds difference. Okay. But your head was shaved, correct?
Yes, ma'am. You wore a goatee most of the time? Yes, ma'am. All right. Weren't you worried going back and
back and back to the same store with that scheme that somebody would finally say, wait a minute, buddy, you've been in here three times, you know, trying to return items, what's going on? A. Q. Not really. And nobody stopped you at Home Depot? Did you worry about that?
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A. Q. A. Q.
No, ma'am. Again, was the window air conditioner in a box? Yes, ma'am. And then you went into the store on June the 14th
of 2006 with the vacuum cleaner, correct? A. Q. A. Q. Yes, ma'am. Where did you get that vacuum cleaner? Kohl's. All right. And is that the time you went and
stole the vacuum cleaner, but Laura Helm did not go with you? A. Q. I believe so, yes. Now, you had said earlier that one of the items
that you bought was a chop saw, correct? A. Q. Yes, ma'am. We're going to show you an exhibit that's all
ready in evidence. OFFICER RANTZ: MS. PARKER: BY MS. PARKER: Q. Mr. Cadenhead, Officer Rantz just brought up a Which one would you like?
The chop saw please.
big box that says De Walt on it, and it's Government's Exhibit 240. A. Q. Do you recognize that?
Yes, ma'am. Is that the type of chop saw and the brand of
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chop saw that you sold to Carrie Neighbors? A. Q. Yes, ma'am. All right. And did you later see that at the
Lawrence Police Department after it had been re-purchased? A. Q. I'm not sure. Okay. I'm not --
But this is consistent with the chop saw
that you sold Carrie Neighbors? A. Q. Yes, ma'am. Could I have just one second, Your Honor? We
have another exhibit to show you. A. Q. Yes, ma'am. Officer Rantz is bringing up a Dyson vacuum Now, is this
cleaner, Government's Exhibit 143.
consistent with the kind of vacuum cleaners that you and Laura Helm were stealing? A. Q. A. Q. A. box. Q. A. Q. All right. 'Cause it -The box that you got from Kohl's? Oh, yes, ma'am. And how are you able to say that? 'Cause I recognize the blue sticker at the top. And what's that blue sticker mean to you? I don't know. I just remember it being on the
10:15:32 10:15:34 10:15:54 10:16:09 10:16:14 10:16:17 10:16:24 10:16:26 10:16:27 10:16:27 10:16:28 10:16:31 10:16:32 10:16:33 10:16:35 10:16:36 10:16:38 10:16:38 10:16:40 10:16:42 10:16:46 10:16:48 10:16:49 10:16:51 10:16:52
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A.
Yes, ma'am, 'cause the officers asked me about
the blue sticker. Q. Just one minute. I have to pull some exhibits.
Mr. Cadenhead, I want to show you some exhibits that have all ready been admitted into evidence. to start with Government's Exhibit 150.1. recognize the person in that video in that? A. Q. A. Q. Yes, ma'am. Who is that? Me. You look pretty much the same this summer as you I'm going Do you
do now except you said you were heavier? A. Q. A. Q. A. Q. A. Q. I was skinnier. Oh, I'm sorry, skinnier? Yes, ma'am. Oh, you gained 60 pounds? Yes, ma'am. All right. And when did you start losing weight?
When I got on crack. Show you Government's Exhibit 150.2. Can you
tell where you were when this was taken? A. Q. A. Q. I believe it was Kohl's. All right. No, ma'am. Where were you arrested? Were you arrested in Kohl's?
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 me.
A.
I was at home, and the officers wanted to talk to They came by and got me.
Q.
Okay.
And here we have Government's What are you doing here?
Exhibit 150.3. A. Q. trunk? A. Q.
Putting something in the trunk. Were you putting a Dyson vacuum cleaner in the
Yes, ma'am. Is this the one that you stole by yourself on
June 14th? A. Q. A. Q. No, ma'am. What -- this was when you took it on the 5th? With Laura. Okay. This is the time that you and Laura went
in and worked together? A. Q. Yes, ma'am. Did you and she work on -- work together on other
times when you stole stuff? A. Q. Sometimes. And when she worked with you, how did you split
the money? A. We didn't really split it. We would just go get
some drugs and pretty much just -Q. A. Share the drugs? Yeah.
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Q.
Show you Government's Exhibit 150.4.
That you
hefting the vacuum cleaner into your car? A. Q. Yes, ma'am. All right. So, then the police came and arrested
you, correct? A. Q. Yes, ma'am. And they told you that you were being arrested
for shoplifting? A. Q. A. Q. A. They actually told me they wanted to talk to me. And where did you go? The downtown Lawrence. And who did you meet with, if you remember it? I believe it was Officer Rantz, and he wanted to
discuss the -- this stuff. Q. All right. And that was the time when you were
told that if you cooperated in an investigation of the Yellow House, you would not be charged with these -A. Q. A. Q. A. Q. A. Q. Yes, ma'am. -- thefts in this conspiracy? Yes, ma'am. And so, did you agree to help? Yes, ma'am. And did you tell 'em what you knew? Yes, ma'am. All right. And when you went -- after that, did
10:18:58 10:19:00 10:19:01 10:19:02 10:19:06 10:19:09 10:19:13 10:19:14 10:19:22 10:19:23 10:19:23 10:19:26 10:19:32 10:19:32 10:19:34 10:19:36 10:19:37 10:19:39 10:19:40 10:19:44 10:19:46 10:19:52 10:19:53 10:19:54 10:19:59
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they ask you to do something? A. Q. A. Q. A. thing. Q. Okay. Let me go to -- you went there on June Yes, ma'am. What did they ask you to do? To go sell something to Yellow House. Remember what it was? No, ma'am. Was it a vacuum cleaner?
Umm, it was a -- like a CD like
the 14th, right? A. Q. Yes, ma'am. All right. And the check that we've all ready
looked at for June 14th is this check that says vacuum? A. Q. Yes, ma'am. Do you see that? So, does that refresh your
recollection on what you took in that first day? A. Q. A. Q. A. Q. Yes, ma'am. On June 14th, you took in a vacuum? Yes, ma'am. All right. And you got the vacuum from whom?
The officers. And you went to Yellow House with the vacuum, and
who did you meet with there? A. Q. A. Carrie Neighbors. All right. Yes, ma'am. And did you bargain with her?
10:19:59 10:20:03 10:20:03 10:20:06 10:20:07 10:20:08 10:20:11 10:20:13 10:20:14 10:20:16 10:20:19 10:20:26 10:20:30 10:20:33 10:20:33 10:20:35 10:20:37 10:20:41 10:20:44 10:20:46 10:20:48 10:28:00 10:28:06 10:28:10 10:28:13
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Q. A. Q. device? A. Q.
To sell it. Yes, ma'am.
And you arrived at a price of $285?
And were you wearing any kind of a recording
Yes, ma'am. All right. And so, the conversation that you and
Mrs. Neighbors had was recorded? A. Yes, ma'am. MS. PARKER: Your Honor, the government has
previously -- the court has previously admitted Government's Exhibits CI 1.1 and CI 1.1 T R, which is the audio of that conversation and the transcript, and we would request permission at this time to publish that for the jury. THE COURT: Yes.
(Exhibit being played.) THE COURT: MS. PARKER: Do you know how long that is? It is a transcript of a page
and a half, so I would think not more than five minutes, if that. THE COURT: BY MS. PARKER: Q. Now, I noticed on there that there were several Do you know who the other people in the Thank you.
other voices.
store were during that period of time?
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A. Q. A. Q.
I'm not sure who they were. Nobody you were ever introduced to or dealt with? No, ma'am. All right. Now, I'm going to show you what's all
ready been marked and received as Government's Exhibit CI 1.2. Is that a fair and accurate photograph of the
$499 Dyson you took to Carrie Neighbors that day? A. Q. Yes, ma'am. Now, there at the end, she told you to fill out a
seller's form, correct? A. Q. Yes, ma'am. I'm going to hand you what's been marked CI Can you tell the court and jury what that
Exhibit 1.6. is please? A.
This is the form that they give -- that you get
from Carrie saying that you didn't -- that the item's not stolen. Q. All right. And you signed that on June the 14th
of 2006? A. Q. A. Yes, ma'am. The day you sold her that yellow vacuum? Yes, ma'am. MS. PARKER: Your Honor, at this time the
government offers Government's Exhibit CI 1.6. THE COURT: Any objection?
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MR. DUMA: THE COURT: Exhibit CI 1.6. BY MS. PARKER: Q. All right.
No objection. At this time the court admits
Now, I'm going to put that exhibit up It's got
on the overhead so that everybody can see it. your name, your address, correct? A. Q. A. Q. Yes, ma'am. Your phone number? Yes, ma'am. Date of birth.
The information you put on there,
was that correct information? A. Q. Yes, ma'am. All right. And it shows that the item that was
sold was a Dyson ball vacuum? A. Q. Yes, ma'am. And then down here at the bottom, is that your
signature? A. Q. Yes, ma'am. All right. And can you read this little typed in
under the amount sold, can you read that little paragraph? A. Q. A. You want me to read it out loud? If you could. Okay. By filling out this form, I am agreeing
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that the item being sold is not stolen.
This is my
personal property which I have a legal right to sell. This is a final sale in which I surrender all rights to the above mentioned property. loan. Q. Now, when you signed that, was that a true This is not a pawn or
statement? A. Q. A. Q. A. Q. No. Did you go back again? Yes, ma'am. At the request of the police department? Yes, ma'am. And let me show you what has all ready been Do you
received as Government's Exhibit CI 2.2. recognize that item? A. Q. A. Q. House? A. Q. Lawrence police. Yes, ma'am. What is that? It's like a recorder, DVD recorder.
And where did you get that to take to Yellow
And then let me show you what's been admitted as
Government's Exhibit CI 2.5 which is a check dated June the 16th of 2006 for $125. A. Yes, ma'am. Do you see that?
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Q.
All right.
And that says Phillips DVD recorder,
correct? A. Q. Yes, ma'am. And does -- is this check for that DVD recorder
who's the photograph we just saw? A. Q. Yes, ma'am. When you went back to the Yellow House there on
June the 16th, were you again wearing a body wire? A. Q. Yes, ma'am. And you recorded your conversation with Carrie
Neighbors? A. Yes, ma'am. MS. PARKER: Your Honor, at this time the
government would request leave of court to publish to the court and the jury Government's Exhibit CI 2.1 which is a very brief conversation that occurred between this witness and Miss Neighbors on June the 16th of 2006. THE COURT: Yes. Yes. Go ahead.
(Exhibit being played.) BY MS. PARKER: Q. Now, Mr. Cadenhead, I noticed during that
conversation, Mrs. Neighbors never asked you what name she should write the check out in, is that right? A. Q. No, she never asked. Did she know your name?
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A. Q.
Yes, ma'am. Did you sell -- did you fill out a seller's form
that day? A. Q. Yes, ma'am. I'm going to show you Government's Exhibit CI 2.6
and ask you if that is a fair and accurate copy of the seller's form? A. Yes, ma'am. MS. PARKER: Your Honor, at this time
government offers Government's Exhibit CI 2.6. THE COURT: MR. DUMA: THE COURT: Exhibit CI 2.6. BY MS. PARKER: Q. And this is essentially, is it not, the same Any objection? No objections. At this time the court admits
information that you provided yesterday, except the item sold is a different item and the amount of money is a different amount? A. Q. A. Q. A. Q. Yes, ma'am. All right. Yes. Did Carrie Neighbors ever pay you by cash? A couple times. All right. And how would it be determined This shows you were paid by check?
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whether you'd get cash or checks? A. Q. A. Q. I'm assuming the amount of the item. She decided? Yes. All right. When you sold the more expensive
items, did you get a check? A. Q. Yes, ma'am. When you sold cheaper items, did you sometimes
get cash? A. Q. Yes, ma'am. Now, this was on -- just make sure I got my date
right -- second buy was on June the 16th of 2006, correct? A. Q. Yes, ma'am. All right. I'm going to show you what's been Do you recognize
marked as Government's Exhibit 159. that? A. Q. A. Q. form? A. Q. 6/20. All right. Yes, ma'am. What is that? A seller's form. All right.
And what's the date on that seller's
So, that's about four days after you
sold that DVD player to Carrie Neighbors?
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A. Q.
Yes, ma'am. All right. MS. PARKER: Your Honor, at this time the
government offers Government's Exhibit 159. THE COURT: MR. DUMA: THE COURT: Exhibit Number 159. BY MS. PARKER: Q. Now, this seller's form shows that you were paid Do you see that? Any objection? No objection. At this time the court admits
$35 on June the 20th of 2006. A. Q. A. Q. A. Q. A. Q. Yes, ma'am.
Do you remember what you sold her for $35? Honestly, no. All right. Yes, ma'am. All right. Cash. All right. Do you remember why you say it's And this is for what? Was it stolen items?
stolen if it's $35? A. Q. 'Cause anything I took in there was stolen. Okay. When you went in there that day, did
you -- you were stealing, although you were saying you were cooperating with the police? A. Yes, ma'am.
10:41:13 10:41:17 10:41:18 10:41:21 10:41:21 10:41:22 10:41:26 10:41:28 10:41:30 10:41:31 10:41:34 10:41:36 10:41:37 10:41:40 10:41:42 10:41:42 10:41:44 10:41:44 10:41:45 10:41:46 10:41:49 10:41:49 10:41:50 10:41:54 10:41:54
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Q. A. Q.
So, you continued to steal? Yes, ma'am. While you were acting as a confidential
informant? A. Q. Yes, ma'am. All right. Did the police officers, Officer
Rantz or any of the other officers you were working with know you were taking that item in there? A. Q. A. No. Why not? Why didn't you tell 'em?
Well, I didn't tell 'em 'cause I didn't feel it
was none of their business, to be honest. Q. But you had agreed to do what they told you and
to obey all laws? A. Q. A. Q. A. Q. Yes, ma'am. But you didn't do that? No, ma'am. Is what you're saying today? Yes, ma'am. And when you got in there, you weren't wired this
time, correct? A. Q. No, ma'am. Did you have another discussion with Carrie
Neighbors? A. Yes, ma'am.
10:41:55 10:41:58 10:42:00 10:42:04 10:42:08 10:42:09 10:42:12 10:42:14 10:42:16 10:42:18 10:42:20 10:42:20 10:42:24 10:42:25 10:42:26 10:42:29 10:42:31 10:42:33 10:42:33 10:42:37 10:42:39 10:42:41 10:42:46 10:42:51 10:42:51
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Q.
All right.
And can you tell the jury what
Mrs. Neighbors told you? A. She said that the police had came in there and
told her not to buy no items from a baldheaded guy with a goatee. Q. A. goatee. Q. Did you have a bald head and did you have a All right. Did she tell you what she told them?
She don't know no guy with a bald head and
goatee at that time? A. Q. Yes, ma'am. All right. But she told you that she told them
she didn't know anybody like that? A. Q. A. Q. A. Q. Yes, ma'am. Did she give you any advice or say anything else? She just kind of laughed. All right. Yes, ma'am. All right. Did you have any other discussion She bought your item?
with her that day? A. Q. Not really. After the visit on June the 20th, did you go back
in then again on June 21st? A. Q. Yes, ma'am. And under what conditions did you go in on that
10:42:54 10:42:55 10:43:00 10:43:01 10:43:03 10:43:03 10:43:03 10:43:06 10:43:08 10:43:08 10:43:09 10:43:10 10:43:10 10:43:13 10:43:13 10:43:17 10:43:21 10:43:24 10:43:26 10:43:28 10:43:29 10:43:31 10:43:35 10:43:42 10:43:44
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date? A. DVD. Q. before? A. Q. Yes. Did you tell 'em that what you took there the day Did you tell them you'd been there the day The officers sent me in there with a recorder,
before was something you all ready owned and it wasn't stolen? A. Q. A. Q. A. Q. Yes, ma'am. Was that the truth? No, ma'am. Are you telling the truth today? Yes, ma'am. Show you what's all ready been received as What is that?
Government's Exhibit 3.2. A. Q.
That's a DVD recorder I believe. All right. Is that the one that you took in to
Carrie Neighbors on June the 21st? A. Q. Yes, ma'am. All right. And I'm going to put up on the
overhead Government's Exhibit CI 3.4 which is Check Number 6875 in the amount of $125 for a DVD. the check she gave you for this item? A. Yes, ma'am. Is that
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Q.
And again, on this occasion, were you wearing a
body wire? A. Q. Yes, ma'am. And did you record your conversation with
Mrs. Neighbors on that date? A. Q. Yes, ma'am. Do you remember whether you got any special
instructions from Officer Rantz or anybody else about your conversations with Mrs. Neighbors? A. Q. Not off the top of my head, no. All right. Did anybody ever tell you what to say
or tell you how to act, or did you just make those decisions? A. Q. A. Q. No. No, I just went by ear.
Acted normal? Yes, ma'am. All right. MS. PARKER: Your Honor, at this time the
United States requests the court's permission to publish Government's Exhibits CI 3.1 and CI 3.1 T R, which is the tape-recording of the short conversation on this date. THE COURT: Yes.
(Exhibit being played.) BY MS. PARKER:
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Q.
Now, between the 20th of June when you were in
and Mrs. Neighbors told you that the police had been in looking for you? A. Q. Yes, ma'am. And the 21st when you went back and you had this
conversation, did you change your appearance at all? A. Q. A. Q. A. Q. No, ma'am. You didn't shave your goatee off? No, I just did this. Pardon me? I just did this - (Indicating covering mouth.) Okay. Can you explain to the jury when you did
it, what was going on? A. Oh, when the -- well, I was in there. We had
discussed the vacuum and talking about can -- can't buy it from a guy with a bald head and goatee. on. I had a hat
I said, well, I don't have a bald head, and covered
my goatee and said, well, I don't have a goatee, and went on about the transaction. Q. But you looked the same that day as you had all
the other times you went in? A. Q. photos? A. Yes, ma'am. Yes, ma'am. Yes, ma'am. Same way we saw you looking in the surveillance
10:51:04 10:51:07 10:51:08 10:51:10 10:51:15 10:51:15 10:51:16 10:51:17 10:51:21 10:51:22 10:51:23 10:51:25 10:51:26 10:51:26 10:51:31 10:51:33 10:51:34 10:51:36 10:51:41 10:51:43 10:51:44 10:51:47 10:51:48 10:51:53 10:51:54
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Q. that? A. Q. A. Q.
Show you Government's Exhibit CI 3.5.
What's
Seller form. This is a seller form for a DVD player for $125? Yes, ma'am. All right. MS. PARKER: At this time United States
offers Government's Exhibit CI 3.5. THE COURT: MR. DUMA: THE COURT: Exhibit 3.5. BY MS. PARKER: Q. Now, after you went in this last time we just Any objection? No objections. At this time the court admits CI
heard the conversation, did you ever go back to the Yellow House? A. Q. No, ma'am. And I'm going to put up here CI 3.5 which is
another one of the seller's forms, correct? A. Q. A. Q. A. Q. Yes, ma'am. Do you see that has a date of 6/23 of '06? Yes, ma'am. Is that date correct? I don't believe so. You wrote the date?
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A. Q.
Yes, ma'am. All right. And so, what's the -- the accurate
date would be the date that the check was written? A. Q. A. Q. Yes, ma'am. All right. Yes, ma'am. But this is the seller form that goes with that Which is June 21st?
last sale? A. Q. since? A. Q. No, ma'am. Have you had any contact with Carrie Neighbors Yes, ma'am. I believe you've testified you have not been back
since then? A. Q. No, ma'am. One second. MS. PARKER: Apparently I did not offer
Government's Exhibit CI 3.5, and if I didn't, I do now. THE COURT: admitted. MS. PARKER: Okay. Then I do not have any Thank you. You just offered it and it was
more questions at this time. THE COURT: MR. DUMA:
Cross-examination? Yes, Your Honor.
CROSS EXAMINATION
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BY MR. DUMA: Q. Now, Mr. Cadenhead, you originally, when you --
when you met with the police, gave a statement to them that was recorded. A. Q. Yes, sir. All right. And on that, you talked about your Is that a correct statement?
drug addiction and how you had lost everything, and -and especially your wife and your children, and that was exceptionally upsetting to you, would you agree with that? A. Q. Yes, sir. All right. And during this period of time, as I
understand crack addiction, you pretty much steal everything you can, and you turn it into crack as fast as you possibly can because the addiction's so strong. Would you agree with that? A. Q. Yes, sir. All right. And would you agree with me that
people that are crack addicts would pretty much sell their soul and do anything they have to do to get the drug? A. Q. Yes, sir. All right. Now, looks like you got popped four
times for theft in Douglas County in 2006 and 2007, right?
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A. Q.
Yes, sir. And it looks like also since you got a burglary
in Douglas County in July of 2010, that that crack addiction must have stayed on there for a while even after you worked with these police, correct? A. Q. A little bit after, but not in 2010. Okay. The records show that you were arrested
for that burglary in January of 2009, and then convicted in July of 2010. memory? A. Q. Yes. Now -- so, I'm assuming that in January of 2009 Would that be consistent with your
when you were burglarizing, that was because you were a drug addict, not just 'cause records were obtained 'cause you were stealing? A. Q. Yes, sir. All right. So, for at least a couple of years
after the time that you worked with the Lawrence police, you still had a drug problem, a crack problem? A. Q. Yes, sir. All right. You indicated that when you came in
to see Miss Neighbors, that -- well, let me ask -- let me start back. When you first started cooperating with
the police, they made you aware that they were conducting an investigation that involved the federal
10:55:30 10:55:31 10:55:31 10:55:35 10:55:39 10:55:41 10:55:42 10:55:42 10:55:46 10:55:49 10:55:50 10:55:52 10:55:55 10:55:56 10:55:56 10:55:58 10:55:58 10:56:00 10:56:03 10:56:03 10:56:03 10:56:08 10:56:22 10:56:27 10:56:29
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people. A. Q.
Would you agree with that? Yes, sir. All right. And it's kind of common knowledge
that the federal folks hammer you pretty hard at sentencing as opposed to the state people. agree with that? A. Q. Yes, sir. Okay. So, when they told you that if you Would you
cooperate, we're not going to take you federal, that -that meant a lot to you, I would assume? A. Q. Most definitely, yes, sir. 'Cause that federal sentence can be huge compared
to the state sentence, right? A. Q. A. Q. Yes, sir. As far as what you know, right? Yes, sir. Okay. The police might not have told you that
necessarily, but you kind of knew that just from the streets? A. Q. Yes, sir. All right. Now, the first time that you went in
to see Miss Neighbors ever I think was when you sold her a generator back on June 1st, 2006. A. there. Is that right?
That would not have been the first time I was in
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Q.
That wasn't the first time?
Okay.
The first
time you went in there, I think you testified that you told Miss Neighbors that you got whatever it was you sold her for a gift, as a gift? A. Q. Yes, sir. All right. And I have to say that I was somewhat
impressed by your ability to get stuff out of stores as often as you did, especially when you had somebody in the store actually help you take something out. Would
it be fair to say during that period of time that you were like a professional shoplifter? A. Q. Yes, sir. All right. And -- and as part of doing that,
when you're trying to get that stuff out of the store, you would do everything you could not to act suspicious so nobody would -- would arrest you, I would assume is correct? A. Q. Yes, sir. All right. And that was just part of what you
had to do when you -- when you took stuff from those stores? A. Q. Yes, sir. All right. Curiously enough, if you -- when you
took those things back to the return counter, did they ever give you cash?
10:57:36 10:57:38 10:57:40 10:57:41 10:57:42 10:57:44 10:57:47 10:57:50 10:57:51 10:57:51 10:57:54 10:57:56 10:57:57 10:57:59 10:58:00 10:58:02 10:58:04 10:58:05 10:58:08 10:58:08 10:58:08 10:58:11 10:58:13 10:58:16 10:58:19
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A. Q.
Without a receipt, no. Okay. If they would have offered you cash right
there, I assume you would have taken that? A. Q. Yes, sir. All right. But then after they said they
wouldn't take it back, then you took it out of the store as if you had previously bought it, were trying to return it, but didn't have a receipt? A. Q. Yes, sir. Did you ever try to tell them a story about why
you didn't have the receipt? A. Q. A. Q. Yeah. You'd make something up like -Yes, sir. -- you know, I got it for a gift and my wife lost
the receipt or something like that? A. Q. I'd make up an excuse. All right. And then you would take the stuff to
Yellow House? A. Q. Yes, sir. Now, the first time that you sold to Yellow
House, you told Miss Neighbors it was -- you got it for a gift, I think? A. a gift. The very first time, I didn't tell her it was for I just told her it was sitting around the
10:58:21 10:58:22 10:58:24 10:58:24 10:58:27 10:58:28 10:58:28 10:58:31 10:58:32 10:58:33 10:58:37 10:58:39 10:58:42 10:58:45 10:58:47 10:58:48 10:58:51 10:58:55 10:58:57 10:58:58 10:58:58 10:59:03 10:59:04 10:59:04 10:59:07
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house, I believe. Q. A. Q. Okay. But -- but you gave her some story?
Yes, sir. As to why it wouldn't be suspicious or wouldn't
be stolen? A. Q. Yes, sir. Because if -- if she knew it was stolen, she
wasn't going to buy it from you? A. Q. Yes, sir. All right. And you had a generator that came in.
Now, that -- I don't -- was that the second time that you sold her something, the generator, or was there some other stuff between the first time and that generator? A. There was a couple -- there was a thing or two
before the generator. Q. All right. But every time you come in there with
something, you would give her some story that would throw suspicion away from the fact that the property was stolen? A. Q. Yes, sir. All right. And now the generator, it was -- it
was dusty, I think you said? A. Q. Yes, sir. And the reason that you liked to have dust on
those items when you sold 'em was because it didn't --
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it looked like it was less -- less new, I guess is the best way to put it? A. Q. Yes, sir. And would cast less suspicion on you as bringing
in stolen stuff? A. Q. Yes, sir. All right. And on the generator, she asked if it
was stolen, you said no, and the reason that you said no, because otherwise, she might not buy it? A. Q. Yes, sir. All right. Now -- and it sounds like every time
you went in there, that Miss Neighbors made you sign a document that said the property wasn't stolen? A. Q. Yes, sir. All right. And it looks like that on that
document, the -- what she bought from you and the exact amount that she paid you for the item was -- was accurate on those documents? A. Q. Yes, sir. All right. Even on the ones that -- where she
paid you cash? A. Q. A. For the most part, yes. Okay. I didn't -- there was a couple times that she
didn't -- I didn't fill that out.
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Q. A.
Okay. When she bought the meat and stuff like that, she
just gave me the money, gift cards, she just gave me money. Q. All right. And that would have been after you
had filled out one previously? A. Q. Yes, sir. Okay. Now, on the first sale, it's -- it's -- it
looks like, or it sounds like when -- in that -- I'm talking about the first undercover sale that you did? A. Q. Yes, sir. It sounds like that there were other people that
were present right around where you were at when you were dealing with her? A. Q. Yes. I mean, it sound like there was a woman's voice
and a man's voice and I can't tell exactly who that is? A. Q. A. Yes. Do you remember who that woman looked like? She was an older lady, kind of short, brown hair,
I believe she had glasses, she was sitting in a chair by the window. Q. All right. And was this transaction occurring at
like the main desk there by the register? A. Yes.
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Q.
Okay.
So, when you walk in the place, you walk
like down the aisle, and it was kind of -- there's kind of like one little main desk area there where the cash register is? A. Q. A. You walk into the door, it's to the right. All right. And then there's stuff all through the store
right here, but you go right here. Q. All right. And -- but that where you -- where --
where you went to talk to Miss Neighbors, was that like where the cash register is? A. Q. A. Q. A. Yes. All right. Yes. Okay. It's like in the main part of the store? Where she keeps the checkbook?
Yeah, where the -- about where they would keep
all their important stuff, I guess you could say. Q. All right. Now, on that first -- on that first
buy, it sounds like you guys would talk about other stuff and just general, the weather and just -A. Q. Yes. -- hot and etcetera. So, it didn't seem like you
wanted to carry on that conversation, so, it didn't seem like you were in a big hurry to draw suspicion yourself, right?
11:02:05 11:02:06 11:02:08 11:02:11 11:02:12 11:02:12 11:02:13 11:02:13 11:02:16 11:02:19 11:02:21 11:02:21 11:02:22 11:02:25 11:02:28 11:02:29 11:02:31 11:02:33 11:02:34 11:02:35 11:02:37 11:02:37 11:02:38 11:02:42 11:02:49
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A. Q.
Yes, sir. All right. And Miss Neighbors carried on the
conversation, so it didn't seem like she was in a big hurry, did it? A. Q. A. Q. Yep. Is that right? Yes, sir. All right. And then you filled out -- on that
first one you filled out, she even asked you, is it stolen? right? A. Q. Yes. All right. Second sale, you told her it was a You said no, and then you filled out that form,
birthday gift, not stolen, filled out the seller's form? A. Q. Yes, sir. And same deal, you came in and went right to the
place where they keep all the important papers, checkbook, etcetera? A. Q. Yes, sir. All three sales occurred at that -- at that
location? A. Q. Yes, sir. All right. In the store. All right. And then
-- then you went in on your own on the 20th, and you said it wasn't the police's business. Were you
11:02:52 11:02:54 11:02:55 11:02:56 11:02:59 11:03:02 11:03:04 11:03:05 11:03:05 11:03:07 11:03:09 11:03:09 11:03:12 11:03:15 11:03:17 11:03:20 11:03:23 11:03:27 11:03:29 11:03:31 11:03:32 11:03:33 11:03:34 11:03:41 11:03:43
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receiving -- were you getting any money out of the undercover sales? A. Q. Oh, no. Okay. So, the reason that -- the real reason
that you went in on the 20th without the cops knowing is so -- because you needed some money for some more drugs. Would you agree with that? A. Q. Yes. All right. And this whole time that you're
working with the police, you were still using? A. Q. A. drugs. Yes. All right. Did they know that?
I'm -- I didn't -- I told 'em that I was on I don't know if they knew that I was on it at
the precise minute they was talking to me, but I'm pretty sure they knew that I was on drugs. Q. All right. Well, you're not a heavy guy now, so
I assume 60 pounds off of you is -- makes you look pretty thin. A. Q. A. Q. Would that be fair?
Yes, sir, about 110. Pardon me? About 110 pounds. All right. And now, you -- you say that when you
went in there on the 20th, when you weren't tape-recorded, that Miss Neighbors said the police came
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in and told her not to buy from a bald-headed guy with a goatee? A. Q. Yes, sir. All right. But I mean, just interestingly
enough, the next day when you came in, when there was a tape recorder, Miss Neighbors asked you this question, and I'm just quoting exactly from the transcript, the police were in here looking for a guy like you. I mean,
it -- it doesn't make sense that Miss Neighbors would have said on the tape-recorded conversation the police were in here looking for a guy like you if the day before she said the police were all ready in here looking for you. A. The day before when the police didn't know I went
in there, she had been raided that morning or the evening before, and she was talking about it, talking about the police came in and I let the officers know. So, the next day that I went in there, I made sure that it was brought up again, so it would be talked about again, is why it was brought up two days in a row. Q. Okay. All right. And was that part of the
coaching that you got from the police to try to set this thing up? A. Q. Yeah. There really wasn't coaching. Now, you were -- you were video
All right.
11:05:09 11:05:13 11:05:14 11:05:16 11:05:19 11:05:22 11:05:23 11:05:23 11:05:25 11:05:26 11:05:28 11:05:29 11:05:30 11:05:34 11:05:36 11:05:36 11:05:39 11:05:41 11:05:43 11:05:45 11:05:55 11:05:59 11:06:02 11:06:02 11:06:03
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
recorded by the police as you walked in to the store on all three of those sales, correct? A. Q. I'm not sure. All right. Are you sure you didn't have a goatee
on that third sale, or that you had goatee on that third sale? A. Q. A. Q. I'm positive. Okay. You hadn't shaved it?
No, sir. All right. And you don't know whether you were
videotaped walking in there or not? A. Q. No, sir. All right. But you told Miss Neighbors, I don't
have a goatee, correct? A. Q. Yes, sir. All right. And it sounds like Miss Neighbors and
maybe the older woman sitting there were asking you to take your hat off to show if your head was bald? A. Q. And I lifted my hat up. Okay. Now, one of the things that you talked
about on that third buy, Miss Neighbors said, you're sure this is not stolen? You said no, no problems,
something like that, correct? A. Q. Yes, sir. And you said something about look, look here if
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you want to, there's the box sticker, right? A. Q. Yes. Is the -- what -- the box sticker is something on
the box that shows that it had been purchased? A. On the vacuum, if you look at the Dyson vacuum on
the blue thing. Q. A. Right. A lot of times, items, stores will put stickers,
'cause they got to take back and do whatever it is they do with it, and that's how I remember the blue sticker. Q. Okay. And so that to you, that was showing her
that you had purchased it and that she shouldn't be suspicious of it being stolen? A. Q. A. Q. Uh-huh, yes, sir. Okay. That's all I have.
I'm sorry. That's all right. Was there ever a time that you
came in and tried to sell Miss Neighbors something, and -- and you weren't able to accomplish the sale? A. Q. No, sir. No time, she's never ever said to you that no, I
can't have that or I don't want that? A. Q. No, sir. All right. MR. DUMA: No further questions. Thank you,
11:06:58 11:07:02 11:07:03 11:07:03 11:07:03 11:07:04 11:07:10 11:07:12 11:07:16 11:07:16 11:07:16 11:07:20 11:07:30 11:07:31 11:07:31 11:07:34 11:07:36 11:07:36 11:07:38 11:07:40 11:07:42 11:07:46 11:07:49 11:07:53 11:07:57
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Your Honor. THE COURT: MS. PARKER: Redirect? Yes, Your Honor.
RE-DIRECT EXAMINATION BY MS. PARKER: Q. And on June the 21st, 2006, after you and Miss
Neighbors talked about how she couldn't buy anything from a bald-headed guy with a goatee, did she buy from you? A. Q. Yes, ma'am. All right. And I want to direct your attention
-- I'm going to go behind you here to get -- can you see that? A. Q. poster? A. Yes, ma'am. MR. DUMA: Your Honor, I'm going to object Yes, ma'am. Do you recognize any of the people on this
as this being outside the scope of my cross-examination. MS. PARKER: Your Honor, he's asked about
the older woman, and the older woman being there, and he opened that subject. I'm just going to ask him if -- if
there's anybody on this poster that contains employees or people who were at the Yellow House, if he recognizes anyone there. This is Government's Exhibit 131 which is
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in evidence. MR. DUMA: that objection. THE COURT: MS. PARKER: BY MS. PARKER: Q. A. Q. A. Q. Do you recognize anybody on there? Yes, ma'am. Who is that? Uh, three people -- I've seen four of 'em. Could you -- could you point out the ones you Continue. All right. Your Honor, apologize, withdraw
recognize? A. Q. (Pointed.) All right. You recognize Guy Neighbors. You're
pointing to Carrie Neighbors. A. Q. her? A. She was actually sitting in the store that day. Carrie Neighbors. All right. Lois and John.
And Lois Jackson, how do you know
I don't know her. Q. All right. And John Cale, what did you see him
doing in the store? A. Q. I think he works there. All right. And Guy Neighbors, when you were in
there, do you remember what you saw him doing?
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A.
I just seen him in there like once.
I don't -- I
didn't even know who he was. Q. You also mentioned when Mr. Duma asked you about
items for sale, you said gift cards? A. Q. A. Yes, ma'am. When did you sell gift cards? The exact date, I don't remember, but it was
during the time that I was going to Yellow House. Q. A. Q. A. Where did you get the gift cards? From stores. How did you get a gift card if you had no money? You take it in there, like smaller items, for
instance, like clothes, if you take clothes back to JC Penney, you have to take the theft device off of it, you can take 'em to JC Penney's and they'll just give you a store gift card. Q. A. Q. All right. Yes, ma'am. And do you remember the denominations that you And did you do that?
were able to get gift cards in? A. Q. cards? A. Q. Sold 'em. To who? Never went over a hundred dollars. All right. And what did you do with the gift
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A. Q.
I sold two to Carrie Neighbors. All right. Do you remember they were both JC
Penney's? A. I believe one was JC Penney's and the other I'm
not exactly sure off the top of my head. Q. A. Q. A. Q. All right. Did you sell 'em for full face value?
No, ma'am, half price. Did she ask you if they were stolen? She didn't really ask. Thank you. Nothing further. Any re-cross? No re-cross, thank you. Was the witness -- I think I did
remember hearing that the witness was subpoenaed to testify. MS. PARKER: THE COURT: Yes, sir. Are you asking that he be
released from his subpoena at this time? MS. PARKER: THE COURT: MR. DUMA: THE COURT: Yes, sir. Any objection? No objections. At this time, you are released You're
from your subpoena, which means you're excused. free to go.
The only thing that I'll ask is that you
not discuss your testimony, what you've said in here,
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with anyone else as you leave. THE WITNESS: THE COURT: Yes, sir. Thank you. In light of our
time, what the court had previously mentioned as our schedule for today, I'm going to go ahead and take our morning recess. Please remember your admonition. No
one's to talk to you about the case.
And even among If we could
yourselves, you can't speak about the case.
have everybody back a little bit before 1:30 so we get started at 1:30. Court stands in recess.
(11:10 AM, jury left.) THE COURT: Court stands in recess. Proceedings
(Whereupon court took a recess. then continued as follows:) MS. PARKER:
Your Honor, while the jury's
coming back, we put a new exhibit, Exhibit 202.5, we're adding that to our exhibit list. Mr. Duma had asked for
copies of one of the witness's checks, and so, we have marked that and will be using that, but it won't be in your order of proof or in your evidence book. (Jury returned to court at 2:00 PM.) THE COURT: Thank you, jury members. If
Continuing with the presentation of the evidence. the government's ready to proceed. MS. PARKER: We are, Your Honor.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I G G S. your name.
THE COURT: MS. PARKER:
Please do so. As its next witness, the United
States will call Officer Shannon Riggs. THE COURT: Come right up here please.
Before you take your seat, I need for you to raise your right hand. (Witness sworn.) THE WITNESS: THE COURT: Yes, I do. Careful as you take your seat.
If you would, as you give your answers to the questions you're asked, please speak up loud and clear and speak into the microphone. THE WITNESS: THE COURT: Yes, Your Honor. Have you start with you stating
THE WITNESS: THE COURT: THE WITNESS:
My name is Shannon Riggs. And spell your name please. Spelling is S H A N N O N. R
THE COURT:
Thank you.
Miss Parker.
SHANNON RIGGS, Called as a witness on behalf of the government, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MS. PARKER:
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Q. A. Q.
Officer Riggs, where are you employed? With the Lawrence, Kansas Police Department. How long have you been an employee of the
Lawrence, Kansas Police Department? A. Q. A. Q. For a little over eight years. And what is your job assignment? My current assignment is patrol. All right. You've been a police officer since
you joined the Lawrence Police Department? A. Q. Yes, ma'am. All right. Are you familiar with a business in
Lawrence called the Yellow House? A. Q. Yes. And I want to direct your attention to Tuesday, Did you go to the Yellow House
June the 20th of 2006. on that day? A. Q. A. Yes, I did.
And what was your reason for going there? I was assigned to assist Officer Micky Rantz who
had requested a uniformed officer enter the Yellow House Store and provide the description of a theft suspect. Q. And you went to the store at approximately what
time if you recall? A. Q. Approximately 2:25 PM. And when you got there, were there people in the
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store? A. Q. Yes, there were customers. And did you make contact with anybody who
appeared to be an owner or an employee of the store? A. Q. A. Q. Yes, I did. And who was that? Carrie Neighbors. All right. And do you see Carrie Neighbors in
the courtroom today? A. Q. A. Yes, I do. Would you describe what she's wearing please? Yes, she's wearing a suit, appears beige or gray
in color. Q. All right. And when you made contact with Carrie
Neighbors that day, did you have a conversation with her? A. Q. Yes, I did. And when you went in that day, were you -- did
you have a recording device on your person? A. Q. what? A. To record the conversation between me and Miss I did. All right. And the purpose for wearing that was
Neighbors. Q. When you first arrived there, were you able to
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have the conversation you wanted or did you have to spend a little time? A. Miss Neighbors was dealing with a customer at the
time, so I just meandered through the -- through the store for a couple minutes until she was free. Q. Did you see any particular items that you thought
you took note of? A. Q. A. Yes, I did. What did you see? I saw a Dyson vacuum cleaner box on the floor
toward the southeast corner of the inside of the office, as well as a De Walt power tool set box. Q. A. Q. They appeared to be boxes of new items? Yes, they did. All right. How long did you kind of wander
through the store before you were able to have your conversation with Mrs. Neighbors? A. I believe it was just a matter of a couple
minutes. Q. All right. Now, I want to show you what's been
marked Government's Exhibit Number 156 and ask you if you can identify that? A. Q. A. Yes. What is that? This is the recording of the audio between myself
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
and Miss Neighbors. Q. All right. And you weren't wearing a camera that
recorded the video, correct? A. Q. No, I was not. All right. And have you reviewed this exhibit
for accuracy? A. Q. Yes, I have. And is this a fair and accurate copy of the
conversation, the audio portion of the conversation you had with the defendant that day? A. Q. Yes, it is accurate. And I'll show you Government's Exhibit 156 T R.
What is that? A. Q. This is the transcript of the audio recording. All right. And have you also reviewed that
transcript and compared it with the conversation on Government's Exhibit 156 for accuracy? A. Q. Yes, I have. And is this an accurate transcript of your
conversation? A. Yes, it is. MS. PARKER: Your Honor, at this time United
States offers Government's Exhibits 156 and 156 T R. THE COURT: MR. DUMA: Any objection? No objections.
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THE COURT:
At this time court admits
Exhibits 156 and 156 T R. MS. PARKER: And with the court's
permission, we would like to publish that for the court and jury at this time. THE COURT: Yes.
(Exhibit being played.) BY MS. PARKER: Q. Were you standing next to the radio when you
recorded that? A. No. Actually, I was probably 10 to 12 feet away It was on the other side of
from the radio, I believe. the room. Q. loud? A. loud.
The radio was -- the volume was turned up pretty
I don't believe the volume was actually that I just believe that my audio equipment picked up
on that particular frequency pretty well. Q. Okay. Now, in the course of the conversation
that we just heard, you told -- -- asked Carrie if the description you had given her rang a bell or anything like that, and then there was an unintelligible, couldn't understand the response. Do you remember what
she said in response to that question? A. I don't remember the exact words. It was
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something to the negative of -- of that, because I followed up with, well, if you do. Q. So, she indicated to you somehow or other that
she didn't know anybody like that? A. Q. Correct. All right. You specifically told her what kind
of items this person was supposed to be stealing? A. Q. A. Q. Yes, generally. All right. Vacuums?
Vacuums and power tools. And did she point or indicate in any way to the
vacuum that you said you saw there in the store that day? A. No, she did not. MS. PARKER: Thank you, Officer Riggs. I
have no further questions. THE COURT: MR. DUMA: Cross-examination. Thank you, Your Honor.
CROSS EXAMINATION BY MR. DUMA: Q. Officer Riggs, were you aware that as of the date
that you went into that store, that Officer Rantz had all ready sent the person described, the bald-headed guy with the goatee, into the Yellow House Store to purchase some property?
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A.
Yes, I was somewhat familiar with the fact that
he had sent a CI into the store. Q. Okay. So, you could have gotten a picture of
this person that you were trying to describe because he was all ready cooperating with the police department. Is that a fair statement? A. Rantz. Q. Okay. And you could have taken a photograph of Yeah, I believe I could have through Officer
the person in there and said, have you seen this particular person, correct? A. I guess I could have. I didn't know who this CI
was at the time, so -Q. A. Q. Right, but Officer Rantz knew, correct? Yes. Okay. And when you first walked in there, you
said you saw a brand -- a what looked like a boxed vacuum cleaner and a De Walt tool set in -- in -- still new in the box? A. The -- they were just the box. I was not able to
see what was inside the boxes. Q. Okay. And were -- those were out there pretty
much so anybody just walking through the store, meandering through the store, like you say, could see 'em?
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
A.
There was a lot of equipment in the store, and There were several
these were back in the corner. stacked items.
There was quite a bit of merchandise
within the store, but yes, any person that walked the area that I did would have been able to see those. Q. All right. No further questions. Any redirect? No, Your Honor. Was the witness subpoenaed to Thank you.
THE COURT: MS. PARKER: THE COURT: testify? MS. PARKER: THE COURT:
Yes, he was. Are you asking that he be
released from his subpoena? MS. PARKER: THE COURT: MR. DUMA: THE COURT: from your subpoena. go. We are. Any objection? No objection. At this time you are released You're free to
You are excused.
The only thing that I'll ask is that you not
discuss your testimony with anyone else as you leave. THE WITNESS: THE COURT: MR. OAKLEY: Yes, Your Honor. Thank you. Your Honor, the United States
calls Detective Amy Price. THE COURT: Please come forward. Before you
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
take your seat, need for you to raise your right hand. (Witness sworn.) THE WITNESS: THE COURT: as you get in there. Yes. Please take your seat. Careful
answers to the questions you're asked, please speak up loud and clear and speak into the microphone. THE WITNESS: THE COURT: your name. THE WITNESS: THE COURT: THE WITNESS: THE COURT: Amy Price. Spell your name. A M Y. Thank you. AMY PRICE, Called as a witness on behalf of the government, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MR. OAKLEY: Q. A. Ma'am, how are you employed? I'm a detective with the Lawrence Police P R I C E. Mr. Oakley. Okay. Have you start with you stating
Department. Q. How long have you been a detective with the
Lawrence Police Department? A. Since 2004.
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Q.
And how long have you been a law enforcement
officer? A. Q. 15 years. I'd like to talk to you about June 20th, 2006.
On that date, did Officer Micky Rantz ask you -- ask you to assist him in an investigation into the Yellow House Store in Lawrence, Kansas? A. Q. Yes. Prior to that date, did you have any involvement
in that investigation? A. Q. No, I did not. And other than this task that he asked you to
perform on June 20th, 2006, did you have any other role in the investigation? A. Q. No. What did Officer Rantz ask you to do on
June 20th, 2006? A. He asked me to pose as the wife of a customer of
Yellow House who had just purchased a miter saw, and wanted me to call and make that credit card transaction in order to purchase the miter saw from Yellow House. Q. A. Q. And so, you were actually calling Yellow House? Yes. And the person that -- that you were portraying
to be the wife of, was that Bill Wallace?
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A. Q.
Yes. And so, what -- what name did -- did you give as
being the wife of Bill Wallace? A. Q. Rantz? A. Q. A. Q. I did. Was the telephone call recorded? It was. I want to hand you what's been marked as We just kept it simple and I said Amy Wallace. And so, you agreed to make this call for Officer
Government's Exhibit 155, and ask you if that is familiar to you? A. Q. That is the copy of the recorded call. And does that DVD contain a true and accurate
copy of the recorded call? A. Q. Yes. I'm going to also hand you what's been marked as Do you recognize that?
Exhibit 155 T R. A. Q. A. Q. I do.
And what is that? That is the transcript of the phone call. And is that transcript a true and accurate
transcript of the recording that you made on June 20th of '06? A. Yes, it is.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 testify? Thank you.
MR. OAKLEY:
Your Honor, at this time I
would offer Government's Exhibits 155 and 155 T R. THE COURT: MR. DUMA: THE COURT: Exhibit 155 and 155 T R. MR. OAKLEY: Your Honor, at this time I'd The Any objection? No objections, Your Honor. At this time the court admits
ask permission to publish that to the jury. recording is about 10 minutes in length. THE COURT: Yes.
(Exhibit being played.) MR. OAKLEY: Your Honor, I have no other
questions of this witness. THE COURT: MR. DUMA: Cross-examination? No cross-examination, Your Honor.
THE COURT:
Was the witness subpoenaed to
MR. OAKLEY: THE COURT:
Yes, Your Honor. Are you asking that she be
released from her subpoena? MR. OAKLEY: THE COURT: MR. DUMA: THE COURT: Yes, Your Honor. Any objection? No objection. At this time you are released
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
from your subpoena. go.
You are excused.
You're free to
The only thing that I'll ask is that you not
discuss your testimony with anyone else as you leave. THE WITNESS: THE COURT: THE WITNESS: MR. OAKLEY: Yes, Your Honor. Thank you. Thank you. Your Honor, as its next
witness, the United States calls Officer Jay Bialek. THE COURT: Before you have a seat, I need
for you to raise your right hand. (Witness sworn.) THE WITNESS: THE COURT: Yes, I do. Be careful as you get in there.
If you would, as you give your answers to the questions you're asked, please speak up loud and clear and speak into the microphone. your name. THE WITNESS: B I A L E K. THE COURT: Thank you. JAY BIALEK, Called as a witness on behalf of the government, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MR. OAKLEY: Mr. Oakley. Jay, J A Y. Last name Bialek, Have you start with you stating
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Q. A.
Sir, how are you employed? I'm employed as a police officer for the city of
Lawrence, Kansas. Q. And how long have you been employed as a police
officer? A. Q. Just over 19 years. I was hired in May of 1991.
And you spent all that time with the Lawrence
Police Department? A. Q. Yes, I have. Sir, have you been involved into an investigation
into Carrie Neighbors and the Yellow House Store? A. Q. Yes, I have. And have you been involved in that investigation
since -- since the beginning? A. Yes, since early October of 2005, I was assigned
to Officer Rantz to co-investigate into the Yellow House Store as a possible store front for a fencing operation. Q. And so, you and Officer Rantz were assigned at
the same time to assist each other? A. Q. That's correct. I'd like to talk to you about a search warrant on Are you familiar with that date?
December 2nd, 2005. A. Q. Yes, I am.
And on that date, were you involved in the
execution of a state search warrant at the Yellow House
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Store? A. Q. A. Yes, I was. What was your involvement in that search warrant? I was the lead officer in charge of the overall
search of the business at 1904 Massachusetts Street. Q. And so, as the officer in charge of the search of
the business, are you familiar with the items that were seized from the business? A. Q. Yes, I am. I'd like to talk to you about the beginning of Who was present
the search when officers first arrived.
in the store when the execution of the search warrant occurred? A. Aside from law enforcement personnel, when we
entered the store, Carrie Neighbors was present behind the front business counter, an employee by the name of Patrick Stanwix was also present in the store, and a customer whom I identified on sight as Norma Payne. Q. Okay. Let me talk to you about Miss Payne. You
said that when you saw her, you knew her? A. Q. Yes. And could you tell what Miss Payne was doing at
the store? A. It appeared she was trying to perhaps sell
some -- some new items to Carrie that morning.
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Q. had? A.
And could you tell what she had -- Norma Payne
Yeah, there was a stack of brand new jeans that
still had tags on them, also noticed an Xbox system with a -- which appeared brand new in the box with a -- a Hasting's tag, a retail sticker on the box. Q. I'm going to ask you to turn around and direct
your attention to what's been admitted into evidence as Government's Exhibit 130. diagram? A. Q. A. Yes, I do. And where is she located? Second individual from the left identified as Do you see Miss Payne on that
Norma Payne under the picture. Q. I am going to now direct your attention to what's You said
been admitted as Government's Exhibit 131.
that Patrick Stanwix was in there when the search warrant was executed? A. Q. A. Yes, he was. And do you see him on that diagram? Yes, he would be the third individual from the
left identified as Patrick Stanwix under the photograph. Q. Let me talk to you a little bit about the When the Lawrence Police
execution of search warrants.
Department executes a search warrant, do you typically
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videotape anything? A. Q. A. Yes, we do. And what do you videotape? We videotape the search environment or what we
are going to search prior to actually physically searching, and/or inventorying what it is that we're searching. A search is then conducted. At the
conclusion of the search, we then videotape again upon exit to show the environment of the area that we had just searched. Q. Is that referred to as the entry and the exit
videotape? A. Q. Yes. I want to hand you what's been marked as Are you familiar with that?
Government's Exhibit 157. A. Q. A. Yes. And what is that?
This would be a DVD recording of the search
warrant the morning prior to us actually doing the physical search. video as well. MR. OAKLEY: Your Honor, at this time I This video also contains the exit
would offer Government's Exhibit 157. THE COURT: MR. DUMA: Any objection? No objection.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 157.
THE COURT:
At this time the court admits
MR. OAKLEY:
Your Honor, at this time I'd I believe it's
request permission to publish that. about 10 minutes in length. THE COURT: Yes.
(Exhibit being played.) THE WITNESS: This is the front of the What
Yellow House Store as it appears from the outside. you see here is the store front facing Massachusetts Street. doorway. It faces to the west.
This is just inside the
You're looking south along the wall just A lot of small merchandise You can see clothing Most of what
behind the business counter.
is scattered about the counter.
hanging from the ceiling, electronics.
you're looking at here are all used items on the shelves. There was relatively few items of new See
merchandise that were actually on the store floor. some musical instruments.
We continue to pan across and This is just to the left Again,
behind the front counter area.
of the front counter area inside the door. mostly small items.
There were some new merchandise Here you see Those would
mixed in with -- with used merchandise. packaged boxes ready to be shipped out.
later reveal brand new merchandise inside the cardboard
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packaging.
All of those had postal markings and/or Back here behind It did not
shipping type papers attached to them.
the counter, there is a security monitor.
appear to be functioning or at least playing or recording anything at the time. some used merchandise. Again, some new and
Down below in the area behind
the counter is where a lot of documents and miscellaneous records, check stubs, ledgers, things of that nature were ultimately seized. There's the Xbox I
described that was behind Norma Payne at the time she was in the business, Hasting's sticker. some computer equipment. You can see
Again, most of what you're VCR tapes,
looking at there is -- is used merchandise. DVD's. floor.
You see a number of washers and dryers on the A lot of the primary business inside the Yellow
House seemed to be appliance repair and resale. BY MR. OAKLEY: Q. A. What's that item appear to be? That there is a brand new Hoover vacuum that
still has a receipt attached from Target, unopened, brand new in the box. You see a couple of bicycles here
in the back of the store, one of which, the one that's -- that's -- that you see first there on -- on the right-hand side would later be determined to be a stolen bicycle. Here we see some brand new De Walt
14:40:13 14:40:19 14:40:23 14:40:28 14:40:38 14:40:42 14:40:44 14:40:46 14:40:49 14:40:53 14:40:59 14:41:03 14:41:08 14:41:12 14:41:16 14:41:20 14:41:25 14:41:31 14:41:36 14:41:44 14:41:46 14:41:49 14:41:52 14:41:58 14:42:02
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
merchandise, brand new in the box on top of two Husky tool sets, brand new sealed in the box. To the left of
what you're looking at are -- well, we'll pan back in just a moment to the left. out. See the shipping label cut Again,
These are postal shipping boxes.
another -- and you'll note that on a lot of this merchandise I'm pointing out, especially the brand new in the box, you see the yellow sticky notes. typically had a very long digit number which corresponded with the eBay number that's assigned when it's posted as a listing. Here you're seeing a Sony Those
Cybershot camera, again, with the yellow sticky note on it which appeared to be a way for -- for Carrie Neighbors to perhaps use as an inventory system to track what was being listed. What you're looking at is a back
closet that is mostly all brand new merchandise in the box. from. This is where a great deal of what we seized came You're looking at brand new jeans, some
electronics, camera sets. Q. As we moved away, I saw there appeared to be a
door with a sign that said private on it? A. Yes. That -- that door, when we entered the Of course, we
store, had -- had previously been shut.
had opened it to be able to -- to do the video views. This is going back towards the rear of the store.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Again, what you're seeing are mostly used washers, dryers, refrigerators; those appliances perhaps came in for repair or were bought and were ready for repair to be further sold. That door there leads to the outside Some vacuums. So, that's before
to the east, the back of the store. Q. And that's the entry video.
you conducted the -- the execution of the search warrant as far as physically taking and seizing items? A. Q. That's correct. You said that you also videotaped the exit, and
so, the video we're about ready to see would be after the items have been collected, and what was left in the store and showing the condition of the store it was left in? A. Q. A. That's correct. Okay. So, again, we start at the front of the store.
As you can see, most all, again, the used items here were left. Going to the back closet, as you can see,
it -- several items -- brand new -- all brand new in the box had been seized from the closet. be used was left in place. Q. A. Q. Is that just a bathroom? That's correct. What I'd like to do now is talk to you about the What appeared to
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
items that were seized during that search warrant. First thing I'd like to show you is a document that's been marked as Government's Exhibit 158. Ask you to
take a look at that and tell me if that looks familiar to you. A. store. Yes, this is a document that was seized in the It's titled, the University of Kansas Police
Department is looking for the following bicycles stolen from campus since early August, 2005, and it itemizes a list of bicycles which have been reported to the KU Police Department as stolen. Q. A. Where was that seized at? That was seized among the documents from a pink
plastic tray behind the front business counter. MR. OAKLEY: Your Honor, at this time I'd
offer Government's Exhibit 158. THE COURT: MR. DUMA: THE COURT: Exhibit 158. BY MR. OAKLEY: Q. A. Do you know who prepared this document? I do. As the investigation proceeded, I had Any objection? No objection. At this time court admits
determined that a number of bicycles had been stolen not only on the campus but within the city limits as well
14:48:26 14:48:31 14:48:33 14:48:36 14:48:39 14:48:44 14:48:45 14:48:47 14:48:50 14:48:55 14:48:57 14:49:01 14:49:02 14:49:07 14:49:09 14:49:11 14:49:15 14:49:15 14:49:16 14:49:20 14:49:21 14:49:23 14:49:27 14:49:31 14:49:35
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
during the summer of 2005.
Detective Riner who's with
the KU Police Department at the time had prepared this list and had shared it with us. Q. And so, this is a list that was prepared by
Detective Riner to -- to set out the bicycles that the KU Police Department were looking for? A. Correct. And it's my understanding that he had
given this document to Carrie Neighbors in addition to the other couple of pawn shops in Lawrence in an attempt to try and recover some of these bicycles. Q. And the case number, would that be the KU Police
Department case number? A. Yes, where it's titled U and then with a prefix
05 and a hyphen. Q. And then the next column, does that appear to be
a description of the bicycles that the KU Police Department were looking for? A. Q. A. Q. A. Correct. Along with serial number if available? Correct. And that's a two page document? Yes. What was located in that tray was a two However, the full document that was
page document.
provided to me by Detective Riner was -- I believe it was six or seven pages of bicycles.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Q.
Do you know, were any of the bicycles listed on
Government's Exhibit 158 recovered during the search warrant? A. Umm, yes. We had five bicycles actually -- or We had one bicycle that was That was a bicycle that had
I'm sorry, I misspoke.
recovered in the business.
been reported to the Lawrence Police Department as stolen. Q. But was that on the list -- if it was reported to
the Lawrence Police Department, would that have been on this list? A. Not on this particular list. It would have been
on a list that was generated by our crime analysis unit when we conducted a research of stolen bicycles during the summer of 2005. Q. Okay. Were any of the bicycles that were listed
on this list, Exhibit 158, recovered either at the shop or at the search warrant at the house? A. Ultimately, five bicycles would have been
recovered at the residence that would later be determined to have been stolen and sold to the Yellow House. MR. DUMA: Your Honor, may I make an I don't think that's
objection slash clarification?
responsive to the question that was asked.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Honor.
THE COURT: MR. OAKLEY:
Any response, Mr. Oakley? I can attempt to clarify, Your
THE COURT: BY MR. OAKLEY: Q.
Okay.
You said that there were five stolen bicycles Do you know if any of them were on
that were recovered. the KU list? A.
Five of the bicycles that were recovered at the
residence were bicycles that were on this list. Q. Let me talk to you about some of the other items First of all, let me hand you what's
that were found.
been marked as Government's Exhibit 160 and ask you if you recognize that? A. That's a Sony Cybershot camera set that's new in The pricing label has been cut out. Umm, and
the box.
that was seized from the back closet area. Q. That's the -- the room that you're talking about
that had the door that was marked private? A. Correct. MR. OAKLEY: Your Honor, at this time I'd
offer Government's Exhibit 160. THE COURT: MR. DUMA: THE COURT: Any objection? No objections. At this time court admits
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Exhibit Number 160. BY MR. OAKLEY: Q. You indicated that the -- that something had been
removed from the box? A. Correct. As you can see, looking at the picture,
umm, it appears that there's been a straight edge that has cut on all four sides either the UPC label and/or the pricing label. This is -- this is typically done,
based on my training, knowledge and experience, to conceal the identity of the whereabouts of this particular item, where it came from. Q. in. And so, that's the condition that you found it The police department didn't remove it. It was
removed at the time that you found it? A. That is correct. That is the condition it was
found in. Q. There appears to be some writing on the front of Do you -- do you know what that writing
the box. signifies? A.
The 02-05-13543 is the case number that was
assigned to the search warrant at the business dated 12/2 of 2005, my initials and my badge number L 46. see a number 112. You
That refers to the item number as it
was categorized and logged into evidence. Q. Did you actually place that -- that writing on
14:53:27 14:53:28 14:53:30 14:53:32 14:53:35 14:53:38 14:53:39 14:53:40 14:53:45 14:53:50 14:53:53 14:53:53 14:53:55 14:54:00 14:54:07 14:54:10 14:54:15 14:54:17 14:54:21 14:54:24 14:54:28 14:54:28 14:54:29 14:54:31 14:54:32
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
this box? A. That's correct, and that's consistent with the
way that I mark evidence. Q. And so, that was put on there as part of the That was not on the
evidence custody and collection. box when you found it? A. Q. Correct.
Turning the box over, there appears to be a Was that sticky
sticky note that is affixed to the box. note on the box when you found it? A. Q. A. Yes. Do you know what that signifies?
Umm, it -- it's written Sony in what appears to
be ball point pen ink, you see a 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 digit number with us associated with the eBay listing number when you list with eBay. What appears to
be written in magic marker there is again the item number that I would have written. other writing. Q. The bigger black mark at the bottom, that's your I did not write the
handwriting? A. Q. Yes. The writing with the Sony with the number that
was on the item? A. Correct.
14:54:32 14:54:44 14:54:46 14:54:46 14:54:51 14:54:55 14:54:59 14:55:03 14:55:04 14:55:06 14:55:07 14:55:08 14:55:09 14:55:11 14:55:13 14:55:13 14:55:15 14:55:20 14:55:23 14:55:23 14:55:29 14:55:30 14:55:34 14:55:38 14:55:40
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Q.
Okay.
Next I'm going to hand you what's been Do you recognize
marked as Government's Exhibit 161. that? A.
Yes, that's Item Number 36 that was seized from
the back closet area again, a Cybershot -- Sony Cybershot camera brand new in the box sealed, with what appears to be a pricing label removed. MR. OAKLEY: Government's Exhibit 161. THE COURT: MR. DUMA: THE COURT: Exhibit 161. THE WITNESS: BY MR. OAKLEY: Q. Before you -- you talk about that one, let me Government's Exhibit 161, again, That's writing you put on it? Another Sony Cybershot. Any objection? No objections. At this time court admits Your Honor, I'd offer
just show this one. contains writing. A. Q. Yes.
The sticky note, does that appear to be the eBay
number again? A. Yeah, what is written Cybershot, and then the 10 The heavier writing is my -- mine or I think that looks like
digit number.
Officer Rantz's writing. Officer Rantz's writing.
14:55:41 14:55:44 14:55:44 14:55:48 14:55:53 14:55:55 14:55:58 14:55:59 14:56:03 14:56:06 14:56:09 14:56:13 14:56:14 14:56:21 14:56:25 14:56:28 14:56:29 14:56:30 14:56:31 14:56:32 14:56:33 14:56:35 14:56:38 14:56:40 14:56:42
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Q.
Okay.
And you said that this paper here appears
to be what? A. That appears to be where the pricing label had It was in the same area as others that
been removed. were seized. Q. that? A.
Now I'll hand you 162 and ask you to identify
Again, another Sony shot -- Sony Cybershot camera
set, brand new sealed in the box, with what appears to be a pricing label removed. Q. Does there happen to be a label on this one at
the bottom left? A. Yes, there is a label that identifies that as a
Sony and gives the model number and a price. Q. A. Again, was this in the closet? Yes. MR. OAKLEY: Government's Exhibit 162. THE COURT: MR. DUMA: THE COURT: Exhibit 162. BY MR. OAKLEY: Q. And the label that you mentioned that contained Any objection? No objections. At this time court admits Your Honor, I'd offer
the price, is that the label that I've now shown on the
14:56:47 14:56:47 14:56:48 14:56:50 14:56:51 14:56:52 14:57:02 14:57:05 14:57:10 14:57:11 14:57:17 14:57:21 14:57:23 14:57:24 14:57:26 14:57:27 14:57:29 14:57:31 14:57:32 14:57:33 14:57:36 14:57:39 14:57:39 14:57:50 14:57:55
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
screen? A. Q. 329.99? A. Q. A. Yes. Let me hand you 163. Do you recognize that? Yes. Indicates that the retail value of that is
Again, another Sony Cybershot camera set, brand
new sealed in the box with a yellow sticky note. Q. A. Where was that located? This was located also in the back closet area.
This too appears to have a -- some sort of a sticker or UPC label removed. MR. OAKLEY: Government's Exhibit 163. THE COURT: MR. DUMA: THE COURT: Exhibit 163. BY MR. OAKLEY: Q. And again, 163 has the yellow sticky note that Any objection? No objections. At this time the court admits Your Honor, I'd offer
appears to be an eBay tracking number? A. Q. A. That is correct. Hand you 164. Do you recognize that?
Yes, that's another Sony Cybershot camera set,
again with remnants of what appears to be where a UPC
14:58:00 14:58:05 14:58:06 14:58:07 14:58:09 14:58:10 14:58:12 14:58:14 14:58:14 14:58:19 14:58:19 14:58:19 14:58:59 14:59:03 14:59:07 14:59:12 14:59:15 14:59:18 14:59:22 14:59:26 14:59:27 14:59:29 14:59:30 14:59:31 14:59:33
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
label was removed, brand new in the box, sealed. MR. OAKLEY: Government's Exhibit 164. THE COURT: MR. DUMA: THE COURT: Exhibit 164. BY MR. OAKLEY: Q. note? A. Q. Yes. Let me hand you what's been marked as Do you recognize that? And again Officer Bialek, 164 contains the sticky Any objection? No objections. At this time court admits Your Honor, I would offer
Government's Exhibit 177. A.
Yes, again, another Sony Cybershot camera set This one again appears to
brand new sealed in the box.
have consistent markings with a straight edged blade that has removed a pricing label. Q. A. Where was that item found? Was in the back closet as well. MR. OAKLEY: Government's Exhibit 177. THE COURT: MR. DUMA: THE COURT: Exhibit 177. Any objection? No objections. At this time court admits Your Honor, I'd offer
14:59:36 14:59:37 14:59:42 14:59:45 14:59:46 14:59:48 14:59:49 14:59:51 14:59:53 14:59:59 15:00:04 15:00:09 15:00:12 15:00:20 15:00:22 15:00:25 15:00:28 15:00:30 15:00:33 15:00:35 15:00:35 15:00:36 15:00:38 15:00:38 15:00:39
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
BY MR. OAKLEY: Q. The last six exhibits that I've shown you, do
they all appear to be the same thing? A. Q. A. Q. Yes, they do. The same model and manufacturer? Yes. I'm going to hand you what's been marked as Do you recognize that?
Government's Exhibit 238. A. Yes.
This was a package that was in the stack It
that was next to the door as you saw in the video.
has an address label affixed to it, appears to be ready to be shipped out to a person identified as Sy'eta Brown in California. This package was sealed in the cardboard Once it was
wrapping at the time of seizure.
inventoried, it was opened by myself, and discovered inside was a brand new Sony Cybershot camera set brand new in the box. Q. And that was found by the front door as though it
was ready to be shipped? A. That's correct. MR. OAKLEY: Government's Exhibit 238. THE COURT: MR. DUMA: THE COURT: Any objection? No objections. At this time the court admits Your Honor, I'd offer
15:00:41 15:00:44 15:00:44 15:00:49 15:00:51 15:00:53 15:00:57 15:01:03 15:01:11 15:01:14 15:01:15 15:01:23 15:01:26 15:01:28 15:01:31 15:02:49 15:02:57 15:03:03 15:03:06 15:03:07 15:03:10 15:03:13 15:03:15 15:03:17 15:03:29
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Exhibit 238. BY MR. OAKLEY: Q. You said there was a shipping label on 238. Does
that appear to be a PayPal shipping label? A. Yeah, that appears to be the same sort of
shipping label that is printed at the time an item has been sold, and a printing label then can be printed from that to be shipped. Q. And the -- it's going to Rosewood, California
from Yellow House Store in Lawrence? A. Q. That is correct. Officer Bialek, you said that when you found this
item, it was sealed, but you opened it to see what was in it, and it looks like it's sealed again. you to open that up for us. would you remove that? jury please? Could I ask And
(Witness complied.)
And would you show that to the
That's another one of the Sony Cybershot
cameras that's the same as the other six that we just discussed? A. Again, yes, with the pricing label cut out and an
eBay tracking number. Q. And again, with your black Sharpie, that's your
information that you added? A. Q. Correct. Now going to hand you what's been marked as
15:03:31 15:03:37 15:03:39 15:03:44 15:03:48 15:03:52 15:04:06 15:04:10 15:04:12 15:04:13 15:04:14 15:04:17 15:04:19 15:04:20 15:04:23 15:04:29 15:04:45 15:04:47 15:04:55 15:04:58 15:05:00 15:05:02 15:05:08 15:05:17 15:05:20
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Government's Exhibits 237 and 165.
And I'd ask you to
look at those and see if they look familiar to you? A. These are both seized items that are Kodak Easy
Share camera sets brand new in the box with what appears to have an eBay sticker or tracking number affixed to it, as well as yes, both exhibits are the exact same exhibits that had been seized from the closet area. Q. A. These were both found in the closet area? Yes. MR. OAKLEY: Your Honor, I'd offer
Government's Exhibits 165 and 237. THE COURT: MR. DUMA: THE COURT: Exhibits 165 and 237. BY MR. OAKLEY: Q. Tell you what, Officer Bialek, instead of putting Any objection? No objections. At this time the court admits
this one up -- well, if you could clear off space, I'm going to set it right here. I'm now handing you what's Would ask you
been marked as Government's Exhibit 167.
to look at that and see if that looks familiar to you? A. That's a Husky 254-piece piece tool set brand new
in the box, sealed -- well, we -- the sealing has since appeared to come off. It was sealed at the time. What
appears to be pricing label and/or UPC code removed on
15:05:25 15:05:32 15:05:37 15:05:37 15:05:39 15:05:41 15:05:42 15:05:44 15:05:48 15:05:48 15:06:11 15:06:13 15:06:19 15:06:23 15:06:32 15:06:38 15:06:43 15:06:45 15:06:48 15:06:49 15:06:51 15:06:53 15:06:54 15:06:56 15:06:58
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
the -- the back as well as on the front.
There's also a
sticker with an eBay tracking number on it as well. MR. OAKLEY: Government's Exhibit 167. THE COURT: MR. DUMA: THE COURT: Exhibit 167. BY MR. OAKLEY: Q. Take this one from you. Put it back here. Let Any objection? No objection. At this time court admits Your Honor, I'd offer
me hand you what's been marked as Government's Exhibit 166. A. Do you recognize that?
Another Husky 254-piece tool set brand new in the A UPC and/or pricing label cut out Also has an eBay Again
box, still sealed.
on the top as well as the back.
sticker number on it or tracking number rather.
on the front another pricing label or some sort of identifier removed. MR. OAKLEY: Government's Exhibit 166. THE COURT: MR. DUMA: THE COURT: Exhibit 166. BY MR. OAKLEY: Any objection? No objections. At this time court admits Your Honor, I'd offer
15:06:58 15:07:08 15:07:11 15:07:14 15:07:17 15:07:24 15:07:29 15:07:33 15:07:38 15:07:43 15:07:48 15:08:01 15:08:04 15:08:06 15:08:07 15:08:08 15:08:09 15:08:10 15:08:12 15:08:15 15:08:15 15:08:19 15:08:23 15:08:23 15:08:45
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Q.
Were these -- excuse me.
Were those two tool
cases, were those the ones that were visible in the video sort of sitting on the ground next to the door? A. Yes, they were maybe six feet outside that closet
area on the ground. Q. Now I'm going to hand you what's been marked as Do you recognize this?
That's a De Walt 18 volt six-piece tool
combination set, brand new sealed in the box, again with a pricing label or other identifier cut from a side of the box as well as the top of the box and a yellow sticky note with what appears to be an eBay tracking number affixed to it. MR. OAKLEY: Government's Exhibit 168. THE COURT: MR. DUMA: THE COURT: Exhibit 168. BY MR. OAKLEY: Q. Was this the item that was sitting -- the tool -Any objection? No objections. At this time the court admits Your Honor, I'd offer
the Husky pro tool set were sitting near in the video? A. Q. That is correct. The items that were seized during the search
warrant, were you ever able to identify owners of any of
15:08:48 15:08:48 15:08:50 15:08:52 15:08:55 15:08:55 15:08:56 15:08:59 15:09:00 15:09:01 15:09:04 15:09:11 15:09:18 15:09:22 15:09:25 15:09:28 15:09:31 15:09:33 15:09:33 15:09:35 15:09:36 15:09:39 15:09:42 15:09:44 15:09:45
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
the items? A. Q. Yes. And were some of the items that were seized, were Were they returned to
you able to identify the owners? the -- to the owners? A. Q. Yes.
Prior to being returned to the owners, were
photographs taken of the items? A. Q. Yes, they are. I'm going to hand you what's been marked as Do you recognize that?
There are four Norelco cool skin shavers,
electric shavers along with a perfume and lotion set. We later determined that these had been stolen from Dillon's after an interview with Norma Payne, and they were returned to store personnel. Q. A. Q. A. Q. So, those went back to Dillon's? Yes. And that's a photograph of those items? Yes. Does that photograph fairly and accurately depict
the way that they appeared before they were -- after they were collected at the Yellow House Store and before they were returned to Dillon's? A. Yes, brand new in the box, sealed.
15:09:48 15:09:50 15:09:51 15:09:53 15:09:54 15:09:57 15:09:58 15:09:58 15:10:01 15:10:08 15:10:10 15:10:14 15:10:17 15:10:20 15:10:20 15:10:21 15:10:22 15:10:23 15:10:28 15:10:28 15:10:51 15:10:54 15:10:57 15:11:03 15:11:11
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 169.
MR. OAKLEY: Government's Exhibit 169. THE COURT: MR. DUMA: THE COURT:
Your Honor, I would offer
Any objection? No objections. At this time the court admits
BY MR. OAKLEY: Q. Officer Bialek, you said that the photograph -So, they're four shavers and then
there were shavers.
this is -- what did you identify that as? A. A perfume -- a perfume and lotion set. It
appears there's two of them there. Q.
I may have misspoke.
And so, there are actually two of the perfume and
lotion sets? A. Q. A. Q. A. Q. That's correct. So, there are actually six items there? Yes. And all those items were new and in the box? Yes. Next I'm going to hand you what's been marked as
Government's Exhibit 235, ask you if you can identify that? A. sealed. That is a KitchenAid mixer, brand new in the box, Pricing label or other identifier appears to A yellow sticky note with
have been cut from the box.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
an eBay tracking number affixed to the top. Q. And that was located in Yellow House on the date
of the search warrant? A. That is correct. MR. OAKLEY: Government's Exhibit 235. THE COURT: MR. DUMA: THE COURT: Exhibit 235. BY MR. OAKLEY: Q. A. Q. Do you know where in the store that was found? In the back closet area. You said you indicated that on the box, that It appears that Are you Any objection? No objections. At this time the court admits Your Honor, I'd offer
there was a label that was removed.
there's another label that's on there now. familiar with the label that's on there now? A.
Yes, that's a label that is put on by our
evidence officers when the item is placed into evidence. It has a UPC code on it whereby they can track what the item is, who brought it in, where it's located in the evidence room. Q. And so, that -- that label was not on the -- on
Government's Exhibit 235 at the time that you found it during the search. It was placed there later by law
15:12:29 15:12:30 15:12:31 15:12:49 15:12:55 15:13:00 15:13:04 15:13:07 15:13:13 15:13:16 15:13:21 15:13:26 15:13:29 15:13:30 15:13:32 15:13:34 15:13:34 15:13:36 15:13:37 15:13:38 15:13:40 15:13:42 15:13:42 15:13:47 15:13:47
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
enforcement personnel for tracking purposes? A. Q. Correct. Next I'm going to hand you what's been marked as Do you recognize that?
Inside is a KitchenAid Pro 600 mixer addressed to At the time that this was seized,
Daniel Youngblood.
this is the way it appeared, sealed in the box, ready for shipping, has a shipping label to Daniel Youngblood displayed on the front. This was located at the front
of the store in the stack of ready to be shipped items. It was later cut open by myself to discover a KitchenAid mixer inside. MR. OAKLEY: Your Honor, at this time I'd
offer Government's Exhibit 236. THE COURT: MR. DUMA: THE COURT: Exhibit 236. BY MR. OAKLEY: Q. Is that one of the boxed items that were by the Any objection? No objections. At this time the court admits
front door ready to be shipped out? A. Q. A. Q. Yes. Do you still have the scissors up there with you? I do. Would you open that box please? (Witness
15:13:53 15:14:14 15:14:17 15:14:19 15:14:23 15:14:27 15:14:29 15:14:32 15:14:34 15:14:35 15:14:35 15:14:40 15:14:42 15:14:46 15:14:49 15:15:05 15:15:10 15:15:13 15:15:17 15:15:25 15:15:30 15:15:32 15:15:35 15:15:38 15:15:42
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
complied.)
Can we take the -- see if we can get it out.
Tell you what, let's just hold it up and show the jury what's in it. A. Again -- again, a brand new in the box -- new in
the box KitchenAid Pro 600 mixer. Q. A. Q. it? A. Q. Yes. And again, the PayPal label indicates who it's Does it indicate who the sender is? And that's the way that you found it? Yes, sealed and ready to be shipped. You found it, you opened it to see what was in
going to. A.
The sender is Yellow House Store, 1904
Massachusetts in Lawrence, Kansas, to be shipped to Daniel Youngblood in Columbia, South Carolina. Q. I'm going to hand you what's been marked as Do you recognize that?
That's a brand new in the box JBL On Tour This was merchandise that was used
portable music box.
by undercover Officer Rantz during Buy Number Six, property he had sold to Carrie Neighbors. Q. That's one of the things that -- one of the items
that Officer Rantz acting undercover sold? A. Yes, this is Target property we procured for --
for sale.
15:15:43 15:15:44 15:15:45 15:15:46 15:15:47 15:15:48 15:15:51 15:15:51 15:15:57 15:16:00 15:16:04 15:16:06 15:16:06 15:16:18 15:16:21 15:16:27 15:16:30 15:16:37 15:16:40 15:16:42 15:16:45 15:16:47 15:16:48 15:16:49 15:16:50
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 170.
MR. OAKLEY: Government's Exhibit 170. THE COURT: MR. DUMA: THE COURT:
Your Honor, I'd offer
Any objection? No objections. At this time court admits
BY MR. OAKLEY: Q. A. Q. What part of the store was that item found? That too was found in the back closet. And again, it had the yellow sticky note with
what appeared to be an eBay item number? A. Q. Yes. Next I'll hand you what's been marked as Do you recognize that?
That's a Panasonic digital phone with answering Again, this was Target property that we had
machine.
procured and an item that Officer Rantz while in an undercover capacity had sold to Carrie Neighbors in property Buy Number 6. Q. A. And that was found in the back room? That is correct. MR. OAKLEY: Government's Exhibit 171. THE COURT: MR. DUMA: Any objection? No objections. Your Honor, I'd offer
15:16:50 15:16:52 15:16:58 15:17:09 15:17:11 15:17:13 15:17:18 15:17:23 15:17:25 15:17:30 15:17:31 15:17:32 15:17:33 15:17:34 15:17:36 15:17:37 15:17:37 15:17:39 15:17:41 15:17:43 15:17:46 15:17:50 15:17:52 15:17:59 15:18:03
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 172.
THE COURT: Exhibit Number 171. BY MR. OAKLEY: Q.
Next I'll hand you what's been marked as Do you recognize that?
That's an Apple iPod special edition, special U2
edition 20 gigabyte, brand new sealed in the box, Target merchandise that was procured by Officer Rantz and sold to Carrie Neighbors in property Buy Number Six. MR. OAKLEY: Government's Exhibit 172. THE COURT: MR. DUMA: THE COURT: Any objection? No objection. At this time the court admits Your Honor, I'd offer
BY MR. OAKLEY: Q. And again, this contained when you found it a
yellow sticker with an eBay tracking number? A. Q. That is correct. Next I'll hand you two items that have been
marked as Government's Exhibit -- Exhibits 173 and 174. You recognize those? A. Those are both Apple iPod Shuffles, brand new Both items were procured from Target
sealed in the box.
to be sold, and were sold to Carrie Neighbors by Officer
15:18:06 15:18:09 15:18:10 15:18:12 15:18:13 15:18:14 15:18:16 15:18:18 15:18:20 15:18:23 15:18:24 15:18:29 15:18:31 15:18:35 15:18:39 15:18:40 15:18:43 15:18:44 15:18:47 15:18:47 15:18:48 15:18:56 15:18:59 15:19:03 15:19:08
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Rantz during property Buy Number Six. MR. OAKLEY: Your Honor, at this time I'd
offer Government's Exhibits 173 and 174. THE COURT: MR. DUMA: THE COURT: Exhibits 173 and 174. BY MR. OAKLEY: Q. A. Q. These again have the yellow stickers on them? That is correct. You indicated earlier that -- that you and Any objection? No objections, Your Honor. At this time the court admits
Officer Rantz were conducting this investigation together. Is -- is that how you knew what items you
found were the ones that he had sold in his undercover capacity as Russ? A. That is correct. Most everything we tried to
track by serial number. Q. up? A. Q. Correct. Next I'll hand you what's been marked as And so, that's how you were able to match them
Government's Exhibit 175, ask you to identify that? A. It's a Polaroid seven-inch under the cabinet DVD
player with an eBay tracking number or sticker affixed to it. This is again Target merchandise procured by
15:19:13 15:19:17 15:19:20 15:19:21 15:19:22 15:19:23 15:19:24 15:19:25 15:19:27 15:19:44 15:19:46 15:19:48 15:19:53 15:19:58 15:20:02 15:20:05 15:20:07 15:20:08 15:20:09 15:20:10 15:20:11 15:20:13 15:20:16 15:20:16 15:20:18
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
myself and Officer Rantz.
Officer Rantz sold this item
to Carrie Neighbors in property Buy Number Six. MR. OAKLEY: Government's Exhibit 175. THE COURT: MR. DUMA: THE COURT: Exhibit 175. BY MR. OAKLEY: Q. Next I'll hand you what's been marked as Do you recognize that? Any objection? No objections. At this time the court admits Your Honor, I would offer
That's a Phillips portable DVD player again with
an eBay tracking number affixed to it on a yellow sticky note. This is Target merchandise that was procured by
myself and Officer Rantz that Officer Rantz sold to Carrie Neighbors in property Buy Number Six. MR. OAKLEY: Government's Exhibit 176. THE COURT: MR. DUMA: THE COURT: Exhibit 176. BY MR. OAKLEY: Q. Next I'll hand you what's been marked as Any objection? No objections. At this time the court admits Your Honor, I'd offer
Government's Exhibit 228 and ask you to identify that.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
A.
That is a Guardian electronic dog collar, again
new in the box with an eBay sticker attached to it. This particular item, if you look at the UPC label, has another UPC label affixed over the top of the original packaged UPC label. MR. OAKLEY: Your Honor, at this time I
would offer Government's Exhibit 228. THE COURT: MR. DUMA: THE COURT: Exhibit Number 228. BY MR. OAKLEY: Q. A. Q. And again it has the eBay sticker on it? Correct. Now, you mentioned that there's a couple stickers On the first one I want to talk to you Any objection? No objections. At this time court admits
on the side.
about is the one that says location third floor south. Was that sticker on the item when you found it during the search warrant? A. Q. A. No. What sticker is that? That's an evidence sticker affixed by the
evidence officer again indicating case number, item number, the location in the evidence room where he can locate it, and the day it was logged into the evidence
15:21:28 15:21:30 15:21:33 15:21:37 15:21:42 15:21:46 15:21:52 15:21:57 15:22:02 15:22:07 15:22:08 15:22:11 15:22:16 15:22:16 15:22:21 15:22:26 15:22:28 15:22:32 15:22:36 15:22:44 15:22:47 15:22:53 15:22:58 15:23:01 15:23:05
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
room. Q. Next I'd like to direct your attention to the
UPC, and you mentioned earlier that there was something affixed to the UPC on that item. A. What is that?
Here is another UPC label, clearly different UPC This UPC
numbers from the original packaging below.
code here was apparently -- or what appeared to be cut from another item and then affixed in some manner with some adhesive to the top of the other UPC label underneath. Q. Based upon your training and experience, do you
know why someone would do that, put one UPC code over another? A. That is a common scheme shoplifters, or at least
one scheme shoplifters will use to try and exit a store with merchandise, meaning the item that you're looking at is a Guardian dog collar. That's a fairly expensive Typically, what a
item, upwards to a hundred dollars.
shoplifter will do, will take a UPC code from a cheaper Guardian product, such as this one, place it over the top of a more expensive UPC code, and then exit through self-checkout, or if perhaps a young -- you know, a young person is working a register line, maybe not paying attention, will go through there, pay the cheaper price as it's scanned by the UPC code, and then exit the
15:23:10 15:23:14 15:23:15 15:23:31 15:23:37 15:23:43 15:23:50 15:23:55 15:23:57 15:24:02 15:24:07 15:24:09 15:24:10 15:24:11 15:24:13 15:24:14 15:24:14 15:24:16 15:24:21 15:24:21 15:24:25 15:24:27 15:24:27 15:24:32 15:24:35
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
store with the -- the more expensive item, not having paid the original price. Q. Next I'll hand you what's been marked as Do you recognize that?
That is a photograph of a -- or of an electric
guitar, a Dean brand, that's D E A N, electric guitar. That photograph was taken in the store at Yellow House. That is the back closet area where it was located. is a brand new guitar in its case. Q. And so, that's as it was found in the back room This
at Yellow House when you executed the search warrant? A. Correct. MR. OAKLEY: Government's Exhibit 178. THE COURT: MR. DUMA: THE COURT: Exhibit 178. BY MR. OAKLEY: Q. Now, in this photograph, that includes some of Any objection? No objections. At this time court admits Your Honor, I'd offer
the other items that were found, right? A. Q. Correct. Could you show us using the telestrator in front
of you where the guitar that you described is located in this photograph?
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
A.
There would be what appears to be in the
photograph an eBay tracking number attached to the case on a yellow sticky note. Q. So, what we're actually looking at, is that the
guitar inside the case? A. Q. Correct. Next I'll hand you what's been marked as I'd ask you if you recognize
Government's Exhibit 179. that? A.
This is a photograph of a Supersonic music She was a
employee by the name of Jamie Pageants (ph). responsible person for the business.
This guitar had
been determined stolen some weeks earlier by an individual whom we had identified as Marcus Crawford. This here is depicting the return of this stolen guitar to its rightful owner. MR. OAKLEY: Your Honor, I'd offer -- and is
that photograph a fair and accurate depiction -THE WITNESS: MR. OAKLEY: that it was returned to? THE WITNESS: MR. OAKLEY: Government's Exhibit 179. THE COURT: Any objection? Yes. Your Honor, I'd offer Yes. -- of the guitar and the person
15:25:40 15:25:40 15:25:42 15:25:43 15:25:47 15:25:52 15:25:56 15:25:56 15:26:00 15:26:03 15:26:09 15:26:14 15:26:25 15:26:31 15:26:32 15:26:35 15:26:36 15:26:36 15:26:39 15:26:42 15:26:43 15:26:44 15:26:45 15:26:46 15:26:48
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 179.
MR. DUMA: THE COURT:
No objections. At this time court admits
BY MR. OAKLEY: Q. And that's a photograph of the employee as you
guys gave her back the guitar that was stolen from the store? A. Q. Yes, that's Miss Pageants. Next I'll hand you what's been marked as
Government's Exhibit 180.1 and ask you to identify that? A. color. That is a Gary Fisher mountain bike, gray in The model is Wahoo, W A H O O. This bicycle was
seized from the business and later determined to be stolen. Q. And are there actually three bicycles in that
photograph? A. Q. Correct. Is that photograph a fair and accurate depiction
of the way that those items appeared in the Yellow House Store when you located them? A. Yes. MR. OAKLEY: Your Honor, I'd offer
Government's Exhibit 180.1. THE COURT: MR. DUMA: Any objection? No objection.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
THE COURT: Exhibit 180.1.
At this time court admits I
Pretty close to taking a recess.
don't know where you're at with your presentation of your evidence. MR. OAKLEY: photo, and then I -THE COURT: MR. OAKLEY: BY MR. OAKLEY: Q. You described the phot-- the item that was Is that that first Continue. Thank you, Your Honor. If I could just show this one
returned as a gray Gary Fisher bike. bike? A. Q. Correct.
When we were watching the video, are these the
three bikes that we saw that you pointed out as being in the store? A. Correct. MR. OAKLEY: THE COURT: Thank you, Your Honor. At this time we'll take our Please remember your
afternoon recess, jury members. admonition.
No one's to talk to you about the case, and
even among yourselves, you can't speak about the case. 10 to 15 minutes. Thank you.
(3:27 PM, jury left.) THE COURT: Court stands in recess.
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(Whereupon court took a recess. then continued as follows: and jury returned.) THE COURT: MR. OAKLEY: BY MR. OAKLEY: Q. Please continue.
Proceedings
4:00 PM, court
Thank you, Your Honor.
Officer Bialek, when we left, we were talking
about the gray Gary Fisher bike that you identified as being seized from the Yellow House during the state search warrant. I've now handed you what's been marked Do you recognize that?
as Government's Exhibit 180.2. A.
Yes, it's a picture depicting the bicycle's
owner, Carley Doores, with the Gary Fisher Wahoo mountain bike. Q. A. Q. event? A. Yes, it is. MR. OAKLEY: Your Honor, I'd offer And that shows the return of the item to her? Yes. Is that a fair and accurate depiction of that
Government's Exhibit 180.2. THE COURT: MR. DUMA: THE COURT: Exhibit 180.2. Any objection? No objection. At this time the court admits
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BY MR. OAKLEY: Q. And that's simply her and her mountain bike after
it had been returned? A. Q. Yes. Now, were there some other bikes that were seized
at the residence as well? A. Q. That is correct. And were you involved in returning those items to
their rightful owners? A. Q. I was. Along with some of the items that were seized at
the shop? A. Q. Correct. I'm going to hand you a series of photographs.
Let me first direct your attention to what's been marked as Government's Exhibit 181. of? A. That photo depicts Josh Goldman with a Trek 820 Me returning What's that a photograph
mountain bike, black and yellow in color. that bicycle to him. bicycle. MR. OAKLEY: Government's Exhibit 181. THE COURT: MR. DUMA: Any objection? No objection.
He is the rightful owner of that
Your Honor, I'd offer
15:59:50 15:59:52 15:59:54 15:59:58 16:00:00 16:00:00 16:00:03 16:00:06 16:00:08 16:00:12 16:00:16 16:00:21 16:00:24 16:00:26 16:00:28 16:00:28 16:00:29 16:00:30 16:00:31 16:00:32 16:00:34 16:00:36 16:00:36 16:00:38 16:00:40
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 182. Exhibit 181.
THE COURT:
BY MR. OAKLEY: Q. That shows him and the bike after it had been
returned? A. Q. Yes, we're at the police department. Next I direct your attention to Government's What's that a photograph of?
Exhibit 182. A.
That depicts a photograph of Sarah Noulles with a
Trek 4900 bicycle, yellow in color, that had been reported stolen previously to the Lawrence Police Department, and this is her bicycle I returned to her. Q. Is that a fair and accurate depiction of the way
that she appeared with that bike? A. Yes. MR. OAKLEY: Government's Exhibit 182. THE COURT: MR. DUMA: THE COURT: Any objection? No objections, Your Honor. At this time the court admits Your Honor, I'd offer
BY MR. OAKLEY: Q. Showing that to the jury, that's Miss Noulles
after she'd received her bike? A. Yes.
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Q.
Direct your attention to what's been marked as Do you recognize that?
Government's Exhibit 183. A. Q. A. Yes.
What's that a photograph of? That's a photograph of Jeremy Allyn with his Trek
3500 mountain bike that had been previously reported to the Lawrence Police Department as stolen. I am
returning the bike to him as he's the rightful owner. Q. event? A. Yes. MR. OAKLEY: Government's Exhibit 183. THE COURT: MR. DUMA: THE COURT: Exhibit 183. BY MR. OAKLEY: Q. Again, that's the rightful owner with his Any objection? No objection. At this time court admits Your Honor, I'd offer Is that a fair and accurate depiction of that
bicycle? A. Q. Yes. Next I direct your attention to 184. What's that
a photograph of? A. This picture depicts Marshall Hilton with a Trek He had
4600 mountain bike, black and gray in color.
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reported this bicycle stolen to the police department, Lawrence Police Department, and this is the return of his bike to him. Q. A. Is that a fair and accurate depiction? Yes. MR. OAKLEY: Government's Exhibit 184. THE COURT: MR. DUMA: THE COURT: Exhibit 184. BY MR. OAKLEY: Q. And finally, in regards to the bicycles, I direct Do you Any objection? No objection, Your Honor. At this time court admits Your Honor, I'd offer
your attention to Government's Exhibit 226. recognize that? A.
That is a picture that depicts Scott Karlin with
his Trek 820 mountain bike, white in color, he had previously reported to the Lawrence Police Department as stolen, had been identified, and he has been identified as the rightful owner of that bicycle. Q. Fair and accurate depiction of the way that that
event occurred? A. Yes. MR. OAKLEY: Government's Exhibit 226. Your Honor, I'd offer
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 226.
Any objection? No objection. At this time the court admits
BY MR. OAKLEY: Q. Now, Officer Bialek, we've introduced as exhibits
items that were seized from the Yellow House Store during that state search warrant, and I've shown photographs of other items that were returned to their rightful owners. Is that all of the items that were
seized from the search warrant as new in box merchandise? A. What you see here is in my estimate about a
50 percent representation of -- of brand new in the box items that were seized that day. Q. So, this is just a representative sample. This
isn't all of the items that were seized as new in the box? A. That's correct. The remaining items reside at
the Lawrence Police Department in our evidence room. Q. Now, let me direct your attention to a second
series of search warrants that occurred on July 7th of 2006. Were you involved in the execution of search
warrants at both the defendant's residence and at the Yellow House Store on that day?
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A. Q.
Yes, I was. And first, let me talk to you about the search Is that the -- in July of 2006,
warrant at the house.
were the Neighbors living at the same house as they were back in December during the first search warrant? A. Q. Yes, they were, at 1104 Andover. And so, the -- the federal search warrant in July
of '06 was issued for the same residence? A. Q. That is correct. Now, you indicated it's the policy of the
Lawrence Police Department to do an introductory -- an entry and exit video. A. Q. A. Yes. Of both the house and the Yellow House Store? Yes, I conducted both the entry and the exit Was one videotaped in this case?
videos for both the residence and the business. Q. Now, I'm not going to introduce those and play
those for the jury, but is it fair to say that the videotapes are essentially the same things as we'd seen previously, as far as the showing the house as the entry's made, and then showing it as it's -- as the exit occurs? A. Q. Yes, that is correct. I would like to show you some of the items that The first thing I'd like to
were seized from the house.
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show you is Government's Exhibit 186. and ask you if you can identify that? A.
Hand that to you
These are three individual gift cards with
receipts to a couple of stores. Q. A. Q. A. Do you still have the scissors in front of you? Yes. Could you go ahead and open that item? We have one gift card to Office Depot without a I have a Home Depot gift card with a receipt, Two gift cards and then a third So, three
receipt.
in the amount of 41.66.
receipt being a Best Buy sale of merchandise.
items total, two receipts -- or rather a receipt going with Office Depot, the other with Home Depot, and then an individual receipt to Office Depot. Q. A. Q. A. Q. A. Where were those items found? Best Buy. The receipt's to Best Buy? Uh-huh. Where were those items found in the house? They were from the top kitchen cabinet above the
refrigerator. MR. OAKLEY: Your Honor, at this time I'd
offer Government's Exhibit 186. THE COURT: MR. DUMA: Any objection? No objections.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 186.
THE COURT:
BY MR. OAKLEY: Q. Let me show you the Home Depot card. It appears to be 93.96. And there's Was that
some writing on it.
writing on the card at the time that you found it? A. Q. Yes. And direct your attention to the receipt that was Does it appear that that is a
found with the card.
receipt for a refund in the amount of $93.96? A. Q. Correct, store credit. You said there was not a receipt with the Office
Depot gift card? A. I may have misspoke. I do not believe there was
with the Office Depot. Q. Okay. I'm going to show you another receipt.
This is -- this was found with the two gift cards and the other receipts. A. Q. This one's to Home Depot?
Correct, indicating a store credit of 41.66. But there was not a corresponding gift card in
that amount that was found? A. Q. No. The Best Buy receipt, does it appear to be a --
that it's actually a purchase? A. Yes, that just appears to be a sale receipt.
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Q.
Okay.
Appears the total was $53, that a gift
card was used in the amount of $9.36? A. Q. A. Q. Correct. And then the remainder was paid with cash? Correct. And so, that's not related to a gift card that
was found, but a gift card was used in that transaction? A. Q. It appears so. And then there's the Home Depot, or excuse me,
the Office Depot that did not have a receipt, correct? A. Q. Correct. The next exhibit I'd like to show you has been Ask you to identify
marked as Government's Exhibit 187. that please? A.
Umm, that's an Oral B Professional Care 7000
electric toothbrush, sealed brand new in the box. Q. A. Where was that item found? That was located in a closet in the defendant's
master bedroom. MR. OAKLEY: Your Honor, at this time I'd
offer Government's Exhibit 187. THE COURT: MR. DUMA: THE COURT: Exhibit Number 187. Any objection? No objection. At this time court admits
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BY MR. OAKLEY: Q. Next I'll hand you what's been marked as
Government's Exhibit 188, and ask you if you recognize that? A. fence. Q. And where was that item found during the search It's a Guardian underground fence, electric
warrant of the defendant's house? A. Brand new sealed in the box. This was found in
an office just off the master bedroom. Q. Let me ask you a little bit about that office.
Where exactly in the office was it found? A. Q. From a metal shelf along the south wall. And this is the office that was attached to the
bedroom? A. Q. A. Q. Correct. And there was some metal shelving units in there? Yes. Other than that new in the box item, were there
other new in the box items that were on that shelf? A. Yes. MR. OAKLEY: Your Honor, at this time I'd
offer Government's Exhibit 188. THE COURT: MR. DUMA: Any objection? No objections.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 189. Exhibit 188.
THE COURT:
BY MR. OAKLEY: Q. Next I'll hand you what's been marked as Do you recognize that?
That's a brand new in the box Cabela's mechanical This is used with firearms. This too was
bore sighter.
found on a metal shelf in the office just off the master bedroom. Q. The same set of shelves that the Guardian dog
collar was found on? A. Yes. MR. OAKLEY: Government's Exhibit 189. THE COURT: MR. DUMA: THE COURT: Any objection? No objections. At this time court admits Your Honor, I would offer
BY MR. OAKLEY: Q. Next I'll hand you two exhibits, the first of
which is marked as Government's Exhibit 190.1, the second is marked as Government's Exhibit 190.2. recognize those items? A. These are both brand new in the box Radioshack You can see two what Do you
brand wireless security cameras.
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appears to be eBay tracking numbers written in ball point ink on the items. Q. A. And where were those items found? On a metal shelf, same metal shelf in the office
just off the master bedroom. MR. OAKLEY: Your Honor, I would offer
Government's Exhibits 190.1 and 190.2. THE COURT: MR. DUMA: THE COURT: Any objection? No objections. At this time the court admits
Exhibits 190.1 and 190.2. BY MR. OAKLEY: Q. You indicated that there were what appeared to be
eBay item number that was in written in ball point ink that was on the item when you found it? A. Q. Yes. The Sharpie, that's your evidence collection
information? A. Q. That is correct. Next I'll hand you what's been marked as Do you recognize that?
That's a plastic tub that has file sleeves of
monthly information pertaining to banking accounts, bills, gas bills, utility bills, etcetera. There
appears to be in here -- I think there's about a half a
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
dozen, but on top of this stack, most notably to me were a stack of seller's forms that were used at the business as goods were -- were traded. MR. OAKLEY: Government's Exhibit 191. THE COURT: MR. DUMA: THE COURT: Exhibit 191. BY MR. OAKLEY: Q. You said that at the time that you executed the Any objection? No objections. At this time court admits Your Honor, I'd offer
search warrant in July, that you were aware that those seller forms were being used at Yellow House? A. Q. Yes. Prior to the first search warrant, the one that
occurred in December, were those forms like that used at Yellow House based upon your investigation? A. Q. No. So, at -- it was some point after the police
executed the first search warrant in December that those forms began being used? A. Q. A. Q. That's correct. And this is the way that you found those items? That is correct. That was in this case?
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A. Q.
That is correct. Tub. Okay. Tote. And the item of real
significance are the seller's forms? A. Yes, and most particularly, we located three
seller's forms with the name Joey Cadenhead and note -and noted that the merchandise he had sold in Buys One, Two, and Three were indicated as what merchandise had been sold. Q. Could I have you open that please? (Witness
complied.) please? A. Q. Okay.
Could I have you remove the seller's forms
And those are the -- the seller's forms that were
found in that container? A. Correct. Now, I also have in here, we isolated These are
the three seller's forms of Joey Cadenhead. photocopies. exhibit. Q. Okay.
The originals I believe are another
When you found them, they were the You made copies and substituted the copies?
originals. A. Q.
Correct. Okay. MR. OAKLEY: I'm going to go ahead and mark
those collectively as Government's Exhibit 191, and Your Honor, I would offer those items, the seller's forms as
16:16:22 16:16:23 16:16:25 16:16:29 16:16:30 16:16:33 16:16:34 16:16:35 16:16:36 16:16:38 16:16:43 16:16:47 16:16:50 16:16:54 16:17:08 16:17:08 16:17:10 16:17:13 16:17:20 16:17:27 16:17:31 16:17:32 16:17:34 16:17:35 16:17:36
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Government's Exhibit 191. THE COURT: been admitted. You all ready have a 191 that's
Is this -Your Honor, could I withdraw
MR. OAKLEY:
the entire tote and just substitute the seller's forms? THE COURT: MR. DUMA: THE COURT: Any objection? No objections. At this time it will be noted
for the record government has moved to withdraw what was previously identified as Exhibit 191, and now has actually identified Exhibit 191 to be some documents that have been marked for identification. At this time
without there being objection, that exhibit is admitted. MR. OAKLEY: BY MR. OAKLEY: Q. Next I'll hand you what's been marked as Do you recognize that? Thank you.
That's a brand new in the box AT&T phone hand set This item was found on that same
and answering system.
metal shelf in the business just off the master bedroom. MR. OAKLEY: Government's Exhibit 192. THE COURT: MR. DUMA: THE COURT: Any objection? No objections. At this time the court admits Your Honor, I'd offer
16:17:37 16:17:40 16:17:40 16:17:51 16:17:55 16:17:59 16:18:04 16:18:08 16:18:10 16:18:12 16:18:17 16:18:18 16:18:19 16:18:21 16:18:26 16:18:35 16:18:38 16:18:42 16:18:43 16:18:45 16:18:47 16:18:57 16:19:16 16:19:20 16:19:23
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Exhibit 192. BY MR. OAKLEY: Q. Next I'll hand you what's been marked as
Government's Exhibit 193. A. That is a brand new in the box still packaged It was found on
Ryobi brand router, table combo kit.
the floor next to the metal shelving inside the office off the master bedroom. MR. OAKLEY: Your Honor, I would offer
Government's Exhibit 19 -- 193. THE COURT: MR. DUMA: THE COURT: Exhibit 193. BY MR. OAKLEY: Q. Officer Bialek, those were the items that I Any objection? No objections. At this time court admits
showed you all collected from the house, correct? A. Q. Correct. Now, was that the only new in the box items that
were seized from the house? A. No. I would estimate that what is representative
here, if you'll give me a minute, you're seeing approximately 65 percent of what was seized new in the box here today from the residence. Q. But not all of it?
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A. Q.
No. The same day that you executed the search warrant
at the house, you said you executed a search warrant at the business. Were you involved in the execution at the
business as well? A. Q. I was. And what was your role? Were you still in charge
of the search at the business as you were at the house? A. That's correct, I was the lead evidence
custodian, collector of seized evidence. Q. And again, entry video was made at the business
and an exit video was made of the business? A. Q. A. Q. That is correct. Similar to the ones that we have displayed? Correct. I'd like to talk to you about some of the items
that were seized from the business during the search warrant on July 7th, 2006. First, I'd like to hand you Do you
what's been marked as Government's Exhibit 195. recognize that? A. Umm, this contains 11 individual gift card
receipts from various merchandise -- merchandisers. Q. A. Q. That was seized at the business? That is correct. Where was that seized from?
16:20:29 16:20:33 16:20:35 16:20:35 16:20:37 16:20:39 16:20:40 16:20:42 16:20:42 16:20:43 16:20:48 16:20:50 16:20:50 16:20:54 16:20:54 16:20:57 16:21:00 16:21:00 16:21:00 16:21:03 16:21:09 16:21:12 16:21:16 16:21:19 16:21:24
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
A.
From the white plastic bins behind the front
counter. MR. OAKLEY: Government's Exhibit 195. THE COURT: MR. DUMA: THE COURT: Exhibit 195. BY MR. OAKLEY: Q. The gift cards, did they come -- any of those Any objections? No objections. At this time court admits Your Honor, I'd offer
gift cards come with the receipts as they did at the house? A. report. Q. And would looking at that report help you refresh Some do, and I have them itemized in my police
your recollection as far as what types of cards they were? A. Q. A. Yes. Okay. And what types of cards were seized?
There was a Hobby Lobby exchange card, a Kohl's
merchandise return credit from Kohl's store in the amount of 172.79. It's with a receipt. The receipt
shows a merchandise return of men's Axcess C O A and P A N without receipt. without receipt. Next is a JC Penney gift card The next is a Hasting's gift card.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
The next is a Kohl's -- merchandise return credit from Kohl's in the amount of 178.61. Next is a JC Penney Receipt Next is
gift card in the amount of 73.18 with receipt. shows a merchandise return of men's clothing.
another JC Penney gift card in the amount of $42.91 with receipt for the return of an Adidas apparel. Hobby Lobby exchange card. return with receipt. Next is a
Next is a Kohl's merchandise
Receipt was for the return of Next is a Kohl's --
men's clothing without a receipt.
merchandise return credit from Kohl's in the amount of 74.08 with receipt. The receipt shows a merchandise for Also
the return of women's clothing without a receipt. attached to that is an eBay item number or tracking number.
And the last is an R E I -- gift card from R E
I in Austin, Texas in the amount of $154.80 with a receipt dated 6/10 of '06. Also attached is an Auction
Fire item number, Auction Fire being another site that sells goods similar to eBay, has a tracking number. And
there's a separate receipt with it dated 6/5 of '06 in the amount of $150.80 showing the purchase of clothing. Q. When you're talking about a receipt, that receipt Is that a fair
signifies the issuance of the gift card. statement? A. Q. Some of these do, yes.
And you said that many of them were gift cards
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that were given for returns that were provided to the merchant without a receipt for the purchase of the items? A. Q. Correct. Next I'll hand you what's been marked as Do you recognize that? This
It's a Guardian brand pet remote trainer.
too has a yellow sticky note with what appears to be an eBay tracking number, or what is an eBay tracking number. Q. A. Where was that item found? That item was found from a shelf behind the front
counter along the south wall of the business. MR. OAKLEY: Government's Exhibit 196. THE COURT: MR. DUMA: THE COURT: Exhibit 196. BY MR. OAKLEY: Q. Next I'll hand you some documents that have been Any objection? No objections. At this time court admits Your Honor, I'd offer
marked, the first collectively as 197.1, and the second as 197.2. Directing your attention to the first, 197.1,
do you recognize that? A. Yes, those are again a stack of seller's forms
16:24:29 16:24:34 16:24:36 16:24:39 16:24:41 16:24:41 16:24:43 16:24:45 16:24:45 16:24:49 16:24:52 16:24:56 16:24:56 16:25:01 16:25:02 16:25:03 16:25:05 16:25:14 16:25:14 16:25:18 16:25:20 16:25:25 16:25:31 16:25:42 16:25:49
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
that were found in the business from the white plastic bins behind the front counter. Q. And the other seller's forms that you talked These were at the business?
about were at the house. A. Q. Correct.
And these were the seller forms that came into
use after the first search warrant? A. Q. A. Correct. 197.2, what is that? Again, a smaller stack of seller's forms that
were found in the same location. MR. OAKLEY: Your Honor, at this time I
offer Government's Exhibit 197.1 and 197.2. THE COURT: MR. DUMA: THE COURT: Exhibit 197.1 and 197.2. BY MR. OAKLEY: Q. Let me take these from you. And next I'll direct Any objection? No objections. At this time the court admits
your attention to what's been marked as Government's Exhibit 198. A. Yeah. Do you recognize this? That's a Milwaukee brand four-pack combo
tool kit.
This one has a Yahoo Auction tracking number
on a yellow sticky note, Yahoo Auction being another web site where goods, merchandise is sold.
16:25:54 16:25:55 16:25:58 16:26:01 16:26:05 16:26:06 16:26:07 16:26:09 16:26:10 16:26:11 16:26:13 16:26:22 16:26:23 16:26:25 16:26:27 16:26:35 16:26:40 16:26:42 16:26:47 16:26:49 16:26:53 16:26:53 16:26:57 16:27:03 16:27:09
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Q. A.
Was that found in the business? Also -- yes, that was found in the main -- in the Again,
main part of the business up towards the front.
appears some sort of an identifier has been removed from the box. MR. OAKLEY: Your Honor, at this time I'd
offer Government's Exhibit 198. THE COURT: MR. DUMA: THE COURT: Exhibit 198. MR. OAKLEY: Your Honor, with the court's Any objection? No objections. At this time the court admits
permission, may this witness step down to the cart for the next three exhibits? THE COURT: BY MR. OAKLEY: Q. Officer Bialek, I have on this cart the next Let me Yes.
three exhibits, Exhibit Numbers 199, 200, 201. direct your attention to the -- first of all, to Government's Exhibit 199. you? A.
Does that look familiar to
That's a brand new in the box De Walt brand 18 On the top of the box
volt six-piece tool combo kit.
you can see some sort of a pricing and/or UPC identifier or store identifier has been cut away, as has been on
16:27:14 16:27:25 16:27:27 16:27:28 16:27:31 16:27:35 16:27:37 16:27:38 16:27:39 16:27:41 16:27:41 16:27:43 16:27:45 16:27:45 16:27:49 16:27:57 16:28:00 16:28:01 16:28:03 16:28:10 16:28:16 16:28:19 16:28:22 16:28:26 16:28:32
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the side of the box. Q.
Yes, we showed the top.
And this was found in the business during that
second search warrant? A. Yes, this was in the rear portion of the main
part of the store near that closet area, again, a yellow sticky note with an eBay tracking number. MR. OAKLEY: Government's Exhibit 199. THE COURT: MR. DUMA: THE COURT: Exhibit 199. BY MR. OAKLEY: Q. Next let me direct your attention to Government's Are you familiar with this item? Any objection? No objection. At this time the court admits Your Honor, I'd offer
Exhibit 200. A. Q. A. Q. A.
If I could refer to my police report? That would help? Refresh my memory. Go ahead. Number 22 is a De Walt six-piece combo tool set,
hammer, drill, reciprocating saw, circular saw, cut-out tool, impact driver, flood light. This would be an item
brand new in the box sealed with an eBay item tracking number, and this was found again from the room -- rear of the main part of the business near the closet.
16:28:36 16:28:37 16:28:38 16:28:39 16:28:40 16:28:41 16:28:43 16:28:44 16:28:45 16:28:47 16:28:51 16:28:52 16:28:55 16:28:56 16:29:27 16:29:37 16:29:38 16:29:42 16:29:49 16:29:54 16:29:57 16:30:02 16:30:07 16:30:11 16:30:16
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
MR. OAKLEY: Government's Exhibit 200. THE COURT: MR. DUMA: THE COURT: Exhibit Number 200. BY MR. OAKLEY: Q.
Your Honor, I offer
Any objection? No objection. At this time the court admits
And that was the way that the item was found
inside of this brown box? A. Correct. It appeared that it was being packaged
perhaps for shipping. Q. A. Q. Was there a shipping label on this one? No. Would you go ahead and open it? (Witness
complied.) that. A.
If we could show the jury the contents of
Again, the 18 volt six-piece tool combo set with
a yellow sticky note with an eBay tracking number. Q. Finally, let me show you what's been marked as Do you recognize this?
Again, another brand new in the box De Walt On the top of the
four-piece tool combo set, 18 volt.
package, you'll note that there's been an identifier removed with what appears to be a cutting instrument, as is on the back of the item, two other identifiers cut
16:30:22 16:30:26 16:30:29 16:30:30 16:30:31 16:30:33 16:30:33 16:30:35 16:30:36 16:30:36 16:30:43 16:30:46 16:30:50 16:30:53 16:30:56 16:30:58 16:30:59 16:31:04 16:31:06 16:31:09 16:31:13 16:31:18 16:31:18 16:31:19 16:31:24
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
from the packaging.
This too has a yellow sticky note
with an eBay tracking number. MR. OAKLEY: Government's Exhibit 201. THE COURT: MR. DUMA: THE COURT: Exhibit 201. BY MR. OAKLEY: Q. Go ahead and take your seat, Officer Bialek. Any objection? No objections. At this time the court admits Your Honor, I'd offer
Although these are all the items that we have marked and brought into the courtroom as evidence taken from the search warrant at the business, is that all of the new in the box items that were seized during the search warrant July 7th, 2006 at Yellow House? A. Q. seized? A. I would estimate there is probably another No. Do you know how much more in addition to this was
40 percent that was seized that is not represented here today, but remains in evidence at the Lawrence Police Department. MR. OAKLEY: questions. THE COURT: Do you know in regards to your Your Honor, I have no further
16:31:27 16:31:29 16:31:33 16:31:34 16:31:36 16:31:39 16:31:41 16:31:43 16:31:45 16:31:47 16:31:50 16:31:53 16:31:57 16:32:00 16:32:03 16:32:06 16:32:09 16:32:13 16:32:17 16:32:20 16:32:23 16:32:27 16:32:30 16:33:19 16:33:19
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cross-examination, do you have any estimate in regards to the time you'll need? If you feel -- you can take as
much time as you believe you need. MR. DUMA: I understand that, Your Honor,
but since I can't anticipate what the responses are going to be, I'm thinking 15, 20 minutes. THE COURT: I'll go ahead and take our Please remember your
recess for today, jury members. admonition.
The one in the evening's a little bit
longer, and that includes that no one's to talk to you about the case. If they do, please let us know. Also
it's not proper for anyone to do any type of independent research or investigation. Again, the only place you
receive evidence is here in the courtroom, and that would also include to disregard anything in the media, if there were to be anything in the media from whatever source, as well as not participating in any type of social media on your own. As you head back to your
vehicles, even among yourselves, you're not able to talk about the case, and that also would include any conversations that may be brought up at home. please keep that in mind. So,
Have everyone return tomorrow Thank you.
morning a little bit before 9 o'clock. (Jury left at 4:32 PM.) THE COURT:
Court stands in recess.
Just
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need the witness to come back tomorrow morning. Detective Bialek? THE WITNESS: THE COURT: Yes.
Is that
Need you to come back tomorrow
morning, be ready to get back on the witness stand. THE WITNESS: Yes, Your Honor.
(Whereupon, court recessed proceedings.)
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C E R T I F I C A T E
I, Nancy Moroney Wiss, a Certified Shorthand Reporter and the regularly appointed, qualified and acting official reporter of the United States District Court for the District of Kansas, do hereby certify that as such official reporter, I was present at and reported in machine shorthand the above and foregoing proceedings. I further certify that the foregoing transcript, consisting of Day Four - Jury Trial - Pages 502-669 is a full, true, and correct reproduction of my shorthand notes as reflected by this transcript. SIGNED March 4, 2011.
S/_______________________________ Nancy Moroney Wiss, CSR, CM, FCRR

DAY 4 Trial of Carrie Neighbors

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DAY 4 Trial of Carrie Neighbors

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USA V CARRIE NEIGHBORS 502

For the Defendant:

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 503

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 504

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 505

We're getting ready

I have given to the government the

only other potential document that might come in as an

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 506

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 507

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 508

Yeah, that's the first four or

think we say 401, don't we, Jennifer? MS. WALTON: Yes.

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 509

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the tape. yes, sir.

Defense Exhibit 401, it's been

For impeachment and maybe even

Do you need him to leave? I don't mind. He listened to

Well, I'm going to ask that he

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 510

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 511

I'm not going to make any ruling on

made it clear, the government believes that Mr. Duma has

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 512

been forthcoming and been timely in his disclosures.

giving us the time to take that up.

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 513

day's full of the evidence.

That's solely the decision of the court,

If you would, as you give your

answers to the questions you're asked, please speak up

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 514

loud and clear and speak into the microphone.

Asay's do? A. Mr. Asay is the original owner. That's who I

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 515

All right. Right.

And it's a sporting goods store?

first part of February of 2006.

also have some storage units?

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 516

It was a single storage unit that we had that we

We kept outdated shoes.

keep so much merchandise.

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 517

I think you said it was in Topeka?

Uh-huh. I assume the sporting goods store itself is

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 518

I'm going to hand you some photographs that have