Case 2:07-cr-20073-CM

Document 167

Filed 07/06/10

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Carrie Neighbors Defendant [1 / Pro Se Litigant }
1104 Andover Lawrence, Kansas 66049 (785) 842-2785

IN THE UNITED STATES COURT FOR THE DISTRICT OF KANSAS UNTIED STATES OF AMERICA
Plaintiff, v. Case No: 07-20073-CM 07-20t24-CM 08-20tOS-CM

CARRIE NEIGHBORS,
Defendant 1,

GUY M. NEIGHBORS
Defendant 2,

DEFENDANT ill'S REPLY TO PLAINTIFFS RESPONSE TO DEFENDANT ill'S MOTION FOR RETURN OF PROPERTY

COMES NOW on this

J.o~y

of July 2010, the Defendant [1], acting as a pro se

litigant, is filing a Reply to the Plaintiffs Response to the Defendant [1]'s Motion for Return of Property. The Reply is as follows: 1). The Defendant [1] can prove that there is a major discrepancy in the returned property, whereby, it is going to take a court to order the Plaintiff to produce a true and accurate itemized list for the court, as well as to preserve the integrity of this case, the Defendant can follow what the Plaintiff is actually returning.

Reply to Plaintiffs Response to Defendants Motion for Return of Property

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2)." For two years, the Government has repeatedly informed the defendants that it would return to them all non-contraband items in the government's possession that it did not intend to use at the trial of these cases or for sentencing purposes." The Government has already randomly returned property to the Defendants several times during the course of this case. The Government returned property and copies of business documents to the defendants, then came back 6 months later with a second search warrant and seized the copied documents of which the originals were still in the Governments possession, along with the same various items of property again. Now this same property once again is being offered by the Government along with other newly added randomly selected items. Among the items taken during the searches are items that the Defendant [1] can show this court were family heirlooms including expensive jewelry, shoes, clothing, toys, i-pods and mp3 players, camera's, computers, stereo, bikes, video games, DVD & VHS movies, tools, merchandise purchased by the business from individuals that had an absolute right and proof of ownership, valuable firearms collection, inconsistent to the property offered by the Governments changing "conflicting lists" of items it wishes to return without explanation or through proper procedure of due process, risking the integrity of both this case and the court. The Government over the past 2 years has told the defendants counsel's it should return 80% of the evidence to the defendant, however has been unable to identify exactly what is to be returned, the location of the items to be returned, or identify the procedures in place to protect the integrity of the evidence before this court. Even between April 12, 2010 and June 26,2010 the list has changed. [See Defendant's Exhibit 1 provided by Defendant [l]'s counsel and Governments exhibit from [doc. 255-1]] Since the original seizure and detention of the property in 2005 and 2006, No hearing has ever been held in a court oflaw to determine the probative

Reply to Plaintiffs Response to Defendants Motion for Return of Property

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value of any of the detained property, what should be retained as evidence or what should be returned to the Defendants as required by the Defendants right of due process and equal protection under the 14th Amendment, including many items that the Defendant's would still have a claim to, but are no longer in the Governments possession. " ... nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. " 3). The Government has provided copies of the inventory reports of items seized but which have not been catalogued using a Bates stamp method. Rather the property was inventoried using the customary inventory system of the Lawrence Kansas Police Department [LKPD]. Defendant [1] is prepared to show this court that the LKPD inventory lists have been altered, serial numbers have been changed or not documented at all, and items on the inventory list were not actually inventoried into the evidence room, but were word for word copied from another list left in the Defendants possession. Planted Property that was never in the Defendant [I]'s possession is listed as returned to its rightful owner, Required procedural Photo affidavits of victims are missing from the discovery, photo's of evidence were taken prior to the investigation or first seizure in 2005, a planted rifle was placed into evidence absent a documented serial number, Defendant [1] can verify victims are fabricated on the evidence logs including signatures, items listed as "returned to victim" were in fact not returned, seized items that were never reported stolen were returned to individuals or businesses with no proof of ownership, without proper procedures, in violation of Defendant [1]'s due process of Law. Defendant's ineffective counsel have failed to motion for a suppression hearing, and ignored requests by the Defendant [1] to file a motion to secure the return of Property for his client under FRCP 41 (g) as required by statute, claiming it to be frivolous.

Reply to Plaintiffs Response to Defendants Motion for Return of Property

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"The movant must establish lawful entitlement to the property, " and "{tJhe court should afford the movant an opportunity to meet this burden, which may include, but does not require, an evidentiary hearing." Jackson v. US., 526 F.3d 394, 396 (2008) (citing United States v. Felici, 208 F.3d 667, 670 (8th Cir. 2000). Rule 41 (g) provides, in part, that "{aJperson aggrieved by an unlawful search and seizure of property or by the deprivation of property may move for the property's return. " A Rule 41 (g) motion is governed by equitable principles. Floyd v. United States, 860 F.2d 999, 1002-03 (lOth Cir.1988)

While the government has a legitimate interest in maintaining control of property relevant to the prosecution and sentencing of a defendant until his criminal proceedings are final, (4) it must establish the property seized is actually relevant to that process" {US v. Nelson, . No. 05-6091 10th cir. 2006J
H ••••

THEREFORE Plaintiffs Response

the Defendant to the Defendant

[1], acting as a pro se litigant, is filing a Reply to the
[1]'s Motion for Return of Property under FRCP 41 (g)

and PRAYS the Court in order to protect the integrity of both the case before this court, as well as the integrity of this court grant a Hearing as due process of law requires, discrepancy in the returned property. due to the

Respectfully

submitted,

Reply to Plaintiffs Response to Defendants Motion for Return of Property

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> Date: Mon, 12 Apr 201009:40:13 > Subject: FW: Neighbors property > From: john@dumalaw.com > To: studlo64dude@hotmail.com > > > > Carrie

-0500

> Attached is the llst of property we can get back from the Lawrence PD. >
=> After reviewing the same give me a call. > > Thanks > ~J9hn >

>

Case 2:07-cr-20073-CM

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02-05-13418
PG4 PG4 PG4 PG4 PG4 PG4 -Item - Item - Item - Item - Item -Item #2 UPC and address label #3 UPC and address label #14 set of documents, scraps of paper with notations #27 tax return #39 address label #50 purple Trek 830, serial #WfU1962673M

02-06-13543
PG7 PG7 PG7 PG7 PG7 - Item #5 plastic bin labeled Yellow House containing employee records -Item #16 Bundle of blank UPS shipping papers - Item #26 mail; UPS invoice document addressed to Yellow House - Item #32 (6 ea.) US Postal Service shipping, unused - Item #110 Dell 1.6 GHz. Inspirion 6000 laptop computer model PPL 12L in sealed shipping box addressed to Kenneth Roberts wI eBay sticker, serial SVC code: D3GFZ71

02-06-9251
Item #16 unknown brand computer CPU Item #30 unknown brand computer CPU (black) Item #31 unknown brand computer CPU (tan)

02-06-9266
Item #20A Gateway CPU, serial #0027007917 Item #23A Compaq Presario CPU, serial #9028DTZGS203 Item #23B (2 ea.) computer hard drives; (1) Western Digital and (2) Quantum brands Item #26 misc. Yellow House documents containing passwords

Case 2:01-cr-20ui3-C1VI

Document 167

Filed 07/06/10

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

Document 255-1

Filed 06/28/10

Exhibil1

PG3-6 PG3-7 PG3-8 PG3-9

PG3 - 10
PG4-2 PG4 - 3 PG4-9 PG4 -14 PG4 - 21 PG4 - 23 PG4 - 27 PG4 - 39 PG4 - 50

(6) compact discs and (3) floppy disks (6) compact discs and (1) floppy disk (2) flash cards and 1 RadioShack flash card reader (9) compact discs and DVDs Lexar 32MB flashcard UPC and address label UPC and address label Boss 250 car amp and 1 JVC car stereo without faceplate set of documents, scraps of paper with notations bag contains US Post Office blank forms (2) new US Post Office Mailing boxes tax return address label purple Trek 830, serial #WTU1962673M

02-05-13543
PG7-5 PG7 -14 PG7 - 16 PG7 - 26 PG7 - 32 PG7 - 102 PG7 -110 plastic bin labeled Yellow House containing employee records 128MB media card Bundle of blank UPS shipping papers mail; UPS invoice document addressed to Yellow House (6) US Postal Service shipping, unused RoJodex 'file Dell 1.6 GHz. Inspirion 6000 laptop computer model PPL 12L in sealed shipping box addressed to Kenneth Roberts wI eBay sticker, serial SVC code: D3GFZ71

02-06-;9251
16 unknown brand computer CPU 30 unknown brand computer CPU (black) 31 unknown brand computer CPU (tan)

\

Case 2:07-cr-20073-CM

Document 167

Filed 07/06/10

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

Document 255-1

Filed 06/28/10

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I

/

,-

i

I

02-06-9266
6 7 20A 20B 23A 23B 25 26 53 Kodak EasyShare CX6445 digital camera (serial number unreadable) Nikon Coolpix 4600 digital camera Gateway CPU, serial #0027007917 (4) multi-media memory cards and (1) USB reader Compaq Presario CPU, serial #9028DTZGS203 (2) computer hard drives; Western Digital and Quantum brands VHS video surveillance tape misc Yellow House documents containing passwords Magnetic Data Technologies Hard Drive 40GB

Case 2:07-cr-20073-CM

Document 167

Filed 07/06/10

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CERTIFICATE OF SERVICE [Pursuant to KSA 60-205] The undersigned also hereby certifies that a true and correct copy of the foregoing document in the above captioned matter was deposited in the United States mail, first class postage prepaid, addressed to:

Chery I A Pilate Melanie Morgan LLC Defendant [2] counsel of record 142 Cherry Olathe, Kansas 66061

Marietta Parker Terra Morehead U.S. Attorneys 500 State Ave. Suite 360 Kansas City, KS 66101

On this 6th day of July 2010.

Reply to Plaintiffs Response to Defendants Motion for Return of Property

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