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

Document 164

Filed 04/27/2009

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS UNITED STATES OF AMERICA, Plaintiff, vs. GUY NEIGHBORS, Defendant. Case No. 07-CR-20124-CM

MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT Cheryl Pilate, counsel for Guy Neighbors in the above-captioned case as well as Case No. 08-20105, hereby moves this Honorable Court for an order allowing her to withdraw as counsel for Mr. Neighbors. In support of this motion, counsel states as follows: 1. Cheryl Pilate was appointed as counsel for Mr. Neighbors in November 2007. Since that time, she has done everything possible to effectively represent Mr. Neighbors in this case and in Case No. 08-20105. Counsel has met and consulted numerous times with Defendant and made discovery available for inspection at counsel’s law office. Counsel has conducted investigation, reviewed discovery, prepared outlines for motions and worked closely with Mr. Duma and the investigators appointed to work on behalf of Mr. Neighbors and Ms. Neighbors. 2. Despite counsel’s best efforts, issues continue to arise in the case which severely impair counsel’s effectiveness. 3. In July 2008, the government filed a motion to revoke the pretrial release of both defendants. The hearing involved the presentation of extensive testimony as well as exhibits, and consumed several days of the magistrate judge’s time. At the end of the hearing, Defendant was ordered to cease and desist from writing on the Internet about the case or making any derogatory 1

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

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comments regarding any witnesses, parties or attorneys involved in the action. See Doc. #118. 4. At the time of the hearing and after, counsel repeatedly advised her client to cease making any kind of postings about the case on the Internet and to cease from making derogatory comments about anyone connected with the case. The defendant was further advised to refrain from taking unilateral action on the case without the advice and assistance of counsel. 5. Despite counsel’s best efforts, Internet postings have apparently continued. At this point, counsel questions whether she can effectively represent the client. 6. The defendant has been examined and been found to be competent to assist counsel in this matter. However, the defendant’s actions have impaired, not assisted, counsel’s work. 7. Just recently, counsel received another email from prosecutor Marietta Parker regarding Internet postings by Mr. Neighbors. 8. In addition to the problems caused by the Internet issue, counsel’s work has been needlessly burdened by special restrictions placed on the production of discovery. There are literally thousands of pages of discovery and dozens of tapes, photographs and other evidence in this case. Despite the extremely large volume of the materials to be reviewed, the prosecutors have taken the position that a substantial portion of the written discovery cannot be provided to defense counsel in the form of photocopies. At this point, counsel are restricted to examining the 11 looseleaf volumes of material in the prosecutor’s office. Counsel believes this restriction unnecessarily burdens and impairs her work. Further, the restriction is completely unnecessary because copies have been provided of hundreds of pages other reports with no problem, and there is no possibility that the client will obtain copies of any discovery from counsel for possible use on the Internet. Counsel has adhered to the requirement that all discovery shall be examined in 2

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

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her office, and in her presence or the presence of her staff. This rule prevents any material from leaving counsel’s office for potential posting on the Internet. 9. Given the persistent difficulties in this case and the burdens imposed by the prosecutors with regard to the 11 volumes of discovery, counsel questions whether she can be effective in this case, which involves meeting the constitutional and ethical obligations imposed upon her. 10. For all of the reasons stated above, counsel seeks a hearing in which her request to withdraw may be addressed. WHEREFORE, for all of the above-stated reasons, Cheryl Pilate requests that this Court hold a hearing for the purpose of considering her motion to withdraw in the above-captioned case. She further requests that she be permitted to withdraw from the representation of Defendant.

Respectfully Submitted, /s/ Cheryl A. Pilate Cheryl A. Pilate, KS No. 14601 MORGAN PILATE LLC 142 N. Cherry Olathe, KS 66061 Telephone: 913-829-6336 Facsimile: 913-829-6446 Attorney for Guy Neighbors

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

Document 164

Filed 04/27/2009

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CERTIFICATE OF SERVICE I, Cheryl A. Pilate, do certify that a true and accurate copy of the above and foregoing motion was served electronically on the Clerk of the Court and the government pursuant to the ECF system on this 27th day of April, 2009, and, further, that a copy of this Motion was mailed, via first-class mail to the following non-CM/ECF participant: Guy Neighbors /s/ Cheryl A. Pilate

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