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Case 2:08-cr-20105-CM-JPO Document 27 Filed 08/18/08 Page 1 of 2


Case No. 08-8077-01/02-JPO



Terra Morehead




Judge: James P. O’Hara Clerk: Kathy Grant Recorded: audio tape

Date: August 18, 2008 Location: Kansas City

Length of Hearing: Hr(s) 50 Min(s)

Hearing Completed: (X) Yes ( ) No

(X) Motion Hearing ( ) Status Conference ( ) Settlement Conference

( ) Other:


As explained on the record, upon review of the arguments made in the papers filed by the parties
in Case No. 08-8077 (the "Obstruction Case"), the court concludes the government has stated a violation
of federal law in the complaint (doc. 1). Defendants’ joint motion to dismiss (doc. 23) therefore is denied,
without prejudice to defendants’ right to renew their legal arguments by way of a motion to dismiss any
corresponding indictment that might be returned by a grand jury. The defendants shall be required to
answer further in this court on this case, as the evidence presented during the preliminary hearing shows
at least probable cause that defendants committed the crime charged.

Case 2:08-cr-20105-CM-JPO Document 27 Filed 08/18/08 Page 2 of 2

Judge O'Hara makes no finding of any kind and will defer to a U.S. District Judge for appropriate
action, if any, as to whether the conduct of federal officials acting in concert with university and city
officials constitutes a violation of the defendants’ constitutional rights under Massiah v. United States, 377
U.S. 201 (1964). That issue seems immaterial for purposes of a preliminary hearing on a complaint.

As relates to the issue raised during the preliminary hearing about whether Robert Sample’s
signature actually appeared on the documents offered by the defendants and admitted into this record (see,
e.g., Ex B), there is insufficient testimony for the court to conclude one way or the other. The court makes
no finding that defendants altered these documents, as contended by the government.

The government’s motions for detention of defendants in the Obstruction Case (docs. 6 and 8), are
denied. Conditions of release in the Obstruction Case will track those have been previously set in Case No.
07-20124 (the "EBay Case") (docs 5 and 9). In addition to those conditions, defendants shall comply with
the agreed restraining order in the EBay Case (doc. 118). Further, consistent with the representation of
defendants’ attorneys, defendants shall shut down immediately all Internet or electronic sales of goods -
whether that be directly or indirectly. Further, as Mr. Duma, counsel for defendant Carrie Neighbors, has
proposed on the record on behalf of both defendants, the conditions of release in this case will require the
defendants in operating their store in Lawrence, Kansas, to make efforts to erect prominent signs that
require potential customers to show documentation and give assurances that they are not selling stolen

The pending petitions filed by the pretrial services officer in the both the EBay Case (docs. 130 and
131), and in Case No. 07-20073 (the "Drug Case") (docs. 84 and 85), are denied for essentially the same
reasons that the court has denied the government’s motion for pretrial detention in the Obstruction Case.

Further, the government’s renewed motions to revoke bond (docs. 128 and 129 in the EBay Case)
are denied.

The conditions of release in all three cases shall be modified as outlined above.

The Government’s motions in the Obstruction Case for a mental examination of both defendants
(docs. 18 and 19) are denied, without prejudice to reassertion of those motions at a later date. Defendants’
joint motion to commission a mental evaluation as filed in the EBay Case (doc. 122), and the related
motion to authorization of the expenses related to examination (doc. 125) by the nominated psychologist,
Marilyn Hutchinson, are granted. Defense counsel shall submit proposed orders to chambers today with
respect to granting the motion for mental health evaluation and the payment of the expenses concerning

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