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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 THREE 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: 9/15/10

For the Defendant:

Court Reporter:

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I N D E X GOVERNMENT'S WITNESSES: Micky Rantz - cont'd Direct Exam by Ms. Parker - cont'd Cross Exam by Mr. Duma Re-Direct Exam by Ms. Parker John Hanson Direct Exam by Mr. Oakley EXHIBITS: OFFERED CI 1.1, 1.1 TR 424 CI 1.2, 1.4, 1.5 425 CI 2.1, 2.1TR, 2.2, 2.3, 2.5 430 CI 3.1, 3.1TR, 3.2, 3.4 437 CI 3.6 442 CI 3.7 437 Govt's 4.1, 4.1 TR 296 Govt's 4.2, 4.4, 4.5 290 Govt's 4.6, 4.7 290 Govt's 4.8 298 Govt's 4.9, 4.10, 4.11, 4.12 304 Govt's 4.13, 4.14, 4.15 304 Govt's 4.16, 4.17, 4.18 311 Govt's 4.19 317 Govt's 5.1, 5.1 TR 324 Govt's 5.2 322 Govt's 5.4, 5.5, 5.6 320 Govt's 5.7, 5.8 320 Govt's 5.9, 5.10, 5.11 327 Govt's 5.12, 5.13, 5.14, 5.15 327 Govt's 5.16, 5.17, 5.18 332 Govt's 5.19 335 Govt's 6.1-6.15 343 Govt's 6.16-6.20 350 Govt's 127 444 Govt's 132-136 357 Govt's 137 361 Govt's 139 405 Govt's 140 411 Govt's 141, 141 TR 415 Govt's 142 411 Govt's 143 416 Govt's 144, 145 403 Govt's 146 420 Govt's 147 430 Govt's 148.1, 148.2 399 Govt's 149, 149 TR 495 Govt's 150 408 Govt's 150.1-150.5 408

287 450 474 490 RECEIVED 424 425 431 437 442 437 297 290 290 299 304 304 312 318 324 322 320 320 327 327 332 335 344 351 444 358 361 405 411 415 411 416 403 420 431 399 496 408 408

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09:05:09

EXHIBITS: OFFERED Govt's 151, 152.1, 152.2 377 Govt's 152.3, 152.4, 152.5 377 Govt's 153.1, 153.2 395 Govt's 153.3, 154.1, 154.2 377 Govt's 154.3, 154.4 377 Govt's 227 377 Govt's 234 395 Govt's 239 445 Govt's 240 449

RECEIVED 378 378 395 378 378 378 395 445 449

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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 9:07 AM.) up earlier.

MR. DUMA:

Your Honor, could we have a 30

second on the record discussion just about something I think that will come up later? THE COURT: MR. DUMA: Yes. Let me stop Jennifer. I meant to bring this

I'm sorry.

(Hearing outside the hearing of the jury at

THE COURT: MR. DUMA:

Have a seat please.

Mr. Duma.

Your Honor, I'd just like the

record to reflect that the parties talked about plea negotiations again today. We attempted to resolve this

matter again, and we were unable to do so, and I'd like the record to reflect that I have given Miss Neighbors specific advice about what I think her course of action should be at this point in time, and that she just disagrees with that particular course of action, and that she's decided to proceed forward with the trial in this case. Thank you. THE COURT: have the jury here. That's noted for the record. We

We're ready to have them be brought My only

in, so that's not an issue for the court.

question would be, this would be, Mr. Duma, up to you and Miss Neighbors, whether or not you thought additional time right now to make -- have further

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discussions would have any bearing on what we do? MR. DUMA: Judge, I don't think so. I think

we've -- Miss Neighbors and I have discussed this literally for years, so I think it's just -- we'll just proceed forward and -- and -THE COURT: We'll continue with our trial.

Miss Neighbors, you have the right to have your trial, so we are in the middle of your trial. If anything were

to change, which sometimes happens during the course of a trial, if there's another occasion where this is re-visited by the parties, just let the court know. MR. DUMA: THE COURT: call the jury back. (Jury returned to court at 9:09 AM.) THE COURT: THE JURY: THE COURT: Good morning. Good morning. Thank you. Hopefully everybody Thank you. If there's nothing else, we'll

again had a good night's rest and are ready to go again today hopefully. Again, as you've been doing throughout

our trial, please be alert, please be attentive to everything that's being presented to you. We'll

continue where we left off at the end of our day yesterday. The witness, Officer Rantz, was testifying.

Sir, just need to remind you you're still under oath to

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tell the truth.

Do you understand that? Yes, Your Honor. Miss Parker. Thank you, Your Honor.

THE WITNESS: THE COURT: MS. PARKER: BY MS. PARKER: Q.

Now, Officer Rantz, I believe at the end of

yesterday, you had just completed your testimony about the Buy Number Three, the third time you went in to sell Carrie Neighbors some new items, correct? A. Q. A. Q. A. Q. A. Q. That is correct. All right. And what was the date of that sale?

The date would have been November 3rd, 2005. All right. I did. When was that? November 7th, 2005. All right. And what was your purpose in going in Did you go in a fourth time?

that day? A. On this undercover operation, what I was going to

attempt to do was sell a large number of electronics to Miss Neighbors and explicitly tell her that the items were stolen or being nabbed off the back of trucks. Q. Why did you choose to bring up the subject of

stolen items during this encounter with Mrs. Neighbors? A. At this point, I'd been in -- this was going to

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be my fifth time, counting the walk through.

wanted -- I felt I'd built enough rapport, and I wanted to know right off the bat whether or not we were going to continue the investigation by deciding she was either knowingly going to buy stolen stuff or she was not. Q. All right. And would there have been any

circumstances that could have presented themselves at this buy that would have caused the Lawrence Police Department to just terminate or quit the investigation? A. If we had got to the point in this investigation

where she said no, I can't buy stolen stuff, you need to leave, I'm calling the police, we would have terminated undercover operations at that point. Q. Anything that she would have done to indicate

that she was not going to willingly deal with people selling stolen property would have terminated your investigation? A. Q. It would have terminated my investigation, yes. All right. And what property did you take that

day to sell? A. On this operation, I took four of the more I also took a Trutech DVD

expensive larger iPods.

player and i -- Logic iPod docking station and another Sonicare toothbrush. Q. Where did you get those items?

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A. Q. A.

From the Target Corporation. All right. And how were you dressed when --

I was dressed the same as Russ Williams the

mannequin is now. Q. I'm going to hand you what have previously been Can you

marked as Exhibit Buy 4.2, Buy -- and Buy 4.4. tell the court and the jury what those are? A. Yes.

4.2 is a picture of the four iPod Nano's,

4.4 is a picture of the inMotion iPod docking station. Q. All right. And those are two of the items that

you took in -- or I guess four of the items you took in that day? A. Q. Five of the items, yes. Five. All right. Show you Government's Exhibit

Buy 4.5 and Buy 4.6. A.

Can you identify those? 4.6

4.5 is the mobile DVD, TruTech DVD system.

is the i -- Logic i-Station which is another iPod docking station. Q. All right. And finally, show you Buy 4.7. What

is that? A. This is picture of two Sonicare toothbrushes. As

you might recall from earlier testimony, I've all ready taken one of these in. This is the same picture. I'm

just taking the other one in this time. Q. All right.

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MS. PARKER:

Your Honor, at this time the

government offers Government's Exhibits Buy 4.2, 4.4, 4.5, 4.6 and 4.7. THE COURT: MR. DUMA: THE COURT: Any objections? No, Your Honor. At this time the court admits

Exhibits 4.2, 4.4, 4.5, 4.6 and 4.7. BY MS. PARKER: Q. Officer Rantz, I have on the overhead here This is the picture of

Government's Exhibit Buy 4.2. the four iPods you took in? A.

Yes, this is two black iPod Nano's and two white

iPod Nano's. Q. All right. They all appear to be black here.

Are these two that have the white face on this the white ones? A. Yes, the actual center part of the box that you

see, that's the actual Nano that you can see through a clear covering. The ones on the left of the monitor are

white and the two on the right are black. Q. Now, how do these iPod Shuffles compare -- I'm

sorry, how do these iPods in this Exhibit 4.2 -- Buy 4.2 compare with the Apple Shuffles you were taking in on the previous sales? A. These are the more expensive iPods. They hold

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more songs. 199.99 each. Q.

They have more memory.

They retail for

About a hundred dollars more than the iPod

Shuffle? A. Q. That is correct. All right. And you took this particular type of

iPod in for sale that day why? A. Because of the previous discussion during

undercover operation Buy Number Three, she talked about buying larger iPods and would pay a hundred dollars each for them. Q. All right. Display on the overhead Government's

Exhibit Buy 4.4; what is that? A. This is the Altec Lansing inMotion iPod docking What it allows an owner to do is set the iPod

station.

in the middle and then have external speakers. Q. A. Q. And this is another new in the box item? Yes, it is. Show you Government's Exhibit Buy 4.5. What is

depicted in this photograph? A. This is a TruTech DVD -- portable DVD system with

two monitors. Q. in? A. Yes, it is. All right. And this is a picture of the box it's

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Q. A. Q. A. Q.

New and unopened? Yes. 4-- Buy 4.6, what is depicted in that exhibit? This is an i -- Logic iPod docking station. All right. It's just a different kind of a

docking station than the one you've testified to before? A. Q. Yes. All right. And this picture actually shows how

it was packaged when you took it to Carrie Neighbors? A. Q. That is correct. All right. And finally, Buy 4.7, I believe you

said this is a duplicate picture of the two Sonicare toothbrushes, one you had sold previously and one of these you sold this time? A. Q. That is correct. All right. Can you tell from looking at this

picture which one you sold the first time, which one you sold the second? A. Q. I cannot, no. When you sold her the Sonicare toothbrush on this

date, it was in the box like it's depicted here? A. Q. That is correct. How did you carry all these items in to the

Yellow House that day? A. On this date, I took all electronics and put them

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in a convenience shipping container that had been provided by Target. It was a box probably two and a It

half feet by a foot wide and probably a foot deep. said Target on the side of it in big red letters. Q. All right.

And I don't know if I've specifically

asked you, but each and every one of the times you went to meet with the defendant at the Yellow House Store, it was the Yellow House Store in Lawrence, Kansas, right? A. Q. That is correct. Now, when you got to the Yellow House Store on

this date, on November the 7th of 2005, did you meet up with anyone? A. Q. A. Q. Yes. Who was that? I talked with Carrie Neighbors. All right. Did all of your conversations occur

inside the store? A. Q. to her? A. Initially, I went into the store. There were After walking No. Where did -- what different places did you talk

several people at the counter with her.

around the store for a little bit, I made contact with her at the counter, pulled a -- the electric toothbrush out of my backpack, which is typically how I carried

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items in, told her I had another toothbrush.

I also

then told her I had some more electronics in the trunk of my car which was parked in front of the store. asked me if I wanted to bring 'em in. she'd come out to the car. She

I asked her if

We went out to the vehicle,

opened the trunk of my car, and I showed her the items that were in the Target box. Q. And then after a discussion there at your

vehicle -- what kind of car did you drive? A. Q. A. A beat up nineties model Nissan Altima. Why did you pick that car? It is the undercover car that I used at the time.

I had used it for years during my undercover drug buys. It is a very ugly trashy car. persona of Russ Williams. Q. All right. And what kind of a license plate did It kind of went with the

you have? A. Q. A. Q. tag? A.

Did you have Kansas plate on it?

I did. Was it from Douglas County? No, it was a Johnson County tag. All right. And why did you use a Johnson County

Umm, we typically on undercover vehicles don't

use the -- if you recall, on your license plate, there's a county designator. We typically as we're doing drug

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buys don't want to be associated directly with living in Lawrence or having Douglas County tags, so we have undercover tags that either come back to Shawnee County or Wyandotte County or Johnson County. Q. And then after you had your conversation with the

defendant at the car, did you go anyplace else? A. Q. A. Q. Yes. Where? We went back inside the store with all the items. All right. Now, was your conversation from

beginning to end with the defendant recorded? A. Q. Yes. All right. I hand you what's been marked Would you tell the court

Government's Exhibit Buy 4.1. and jury what that is please? A.

This is a DVD combination of the audio and video, Once we go

plus there's an additional video on here.

outside, I had another officer that was located across the street with an eight-millimeter camera so that you could see the two of us walk out to my vehicle. So,

basically, once we exit the store, you have a picture in picture going on, and how I describe picture in picture, you'll have -- you'll see the eight-millimeter video as the full screen, and then inside that, you'll see actually another picture of what my body camera is

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showing. Q. But you've reviewed the contents of the

Government's Exhibit Buy 4.1, correct? A. Q. That is correct. And is it accurate? Does it accurately reflect

your contact with the defendant on that date? A. Q. T R. A. Q. Yes, it does. All right. What's that? This is a transcript of the undercover operation. All right. And have you reviewed that for Show you Government's Exhibit Buy 4.1

accuracy? A. Q. A. Yes. And is it accurate? Yes. MS. PARKER: Your Honor, at this time the

government offers Government's Exhibit Buy 4.1 and 4.1 T R. THE COURT: MR. DUMA: Any objection? Your Honor, may I just ask a real

quick voir dire question of this witness? THE COURT: MR. DUMA: Yes. Officer Rantz, these tapes have

gone through basically some editing to put the two together in the picture and the picture?

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THE WITNESS: MR. DUMA:

That is correct. And I think there was also

Okay.

some editing to try to make the voices be pulled up and make 'em clearer? THE WITNESS: I don't believe on this one we On this one, just laying

ran a filtering for the audio.

the tracks of the body camera, the eight millimeter camera that shot the outside video and the audio together. MR. DUMA: In any event, any editing that

was done doesn't alter what the pictures actually show, does it? THE WITNESS: MR. DUMA: objection, Your Honor. THE COURT: Exhibit 4.1 and 4.1 T R. MS. PARKER: And with the court's At this time court admits No. Thank you. No -- no

Okay.

permission, the government would like to publish the contents of 4.1 to the jury at this time. THE COURT: MS. PARKER: Yes. And do you know how long? It's

Yes, I do, Your Honor.

11 minutes -- 11 and a half minutes long. THE COURT: Thank you.

(Exhibit being played.)

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BY MS. PARKER: Q. Officer Rantz, I'm going to hand you what's been Can you identify

marked Government's Exhibit Buy 4.8. that document? A.

Yes, this is a copy of the check written to Russ

Williams on 11/16/05. Q. All right. And is this the date of that

purchase? A. It's actually -- it says 11/16/05. Actually, I

think that's 11/6/05. Q. All right.

It's actually not the right date.

But are you able to tell this is the

check you received for the items that you've just testified about? A. Q. A. Yes. How are you? Because it was the only check I received from her

during the undercover operation that was for $400, and it states miscellaneous electronics. Q. All right. MS. PARKER: At this time government offers

Government's Exhibit Buy 4.8. THE COURT: MR. DUMA: THE COURT: MS. PARKER: Any objection? No objection. That was Exhibit 4.8? Buy 4.8.

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THE COURT: MS. PARKER: THE COURT:

Buy 4.8. Yes. At this time Exhibit 5.8 is

MS. PARKER:

This would be Exhibit Buy 4.8.

If I misspoke, I apologize. THE COURT: BY MS. PARKER: Q. I'm now displaying that check up on the overhead, Okay.

and it appears to be 11/6 or 16 of '05? A. Q. That is correct. All right. And this check was signed in your

presence? A. Q. Yes. All right. And you're able to say this is the

check for those items why? A. Because it was noted as miscellaneous electronics

and it was for $400. Q. Do you know the retail value to Target for all of

the items that you sold to Carrie Neighbors that day for $400? A. Q. A. Q. Yes, $1,318.92. So, she gave you about a third of the price? That is correct. Retail. Now, at the beginning of that tape,

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and -- and there at the end when you went back in the store, there were a lot of voices. A. Q. There is. Do you recognize -- did you recognize any of the

voices on that tape? A. Yes, and even from the video, I could tell

Patrick Stanwix was in there. Q. out? A. This subject, this subject was in there. Michael Yeah. Can you use your laser printer to point

Coffman was in there.

And John Cale was in there, and

then there was another unidentified black man that was also standing at the counter when I first went in. Q. All right. And had you seen Michael Coffman in

there before? A. Q. Yes. All right. And had you seen Patrick Stanwix in

there before? A. Q. A. Q. Yes. And how about John Cale? Yes. All right. And on the -- on this occasion and on

the other occasions when you had been there and any of those people had been in the Yellow House, were you able to tell who was in charge of the operation, who was the

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boss? A. Q. Carrie Neighbors. Now, when you initially -- when Carrie Neighbors

initially asked you if you were a policeman, you said yeah? A. Q. I did. Why did you say that? Weren't you afraid it

would endanger your investigation? A. Not based on the way I looked, and the sarcasm

that I used, I was not in any fear that I was going to be compromised as a police officer. I felt comfortable

enough, having done undercover enough, that that's been asked of me before, and usually, with some sarcasm, say yeah, and then we laugh about it or I get patted down. Q. A. Q. Did you get patted down in this instance? No. All right. Now, after you told the defendant

that the items that you were bringing to her that day were being nabbed off the back of a truck by a buddy of yours, she said what? A. Q. them? A. Q. No. Okay. After Mrs. Neighbors purchased those items As long as you're buying them, right? All right. And did you tell her you were buying

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knowing what you had told her, did you and your department make a decision about whether or not to proceed with this investigation? A. Q. A. Yes. And what was the decision? I met with supervision, that was -- would have

been Sergeant Khatib at the time, let him know that in fact based on that undercover operation, that I believe she was knowingly purchasing stolen stuff at a bare minimum from me, the decision was made to continue to make electronic sales to her on several more occasions. Q. And had you and your supervisors discussed what

would happen to your investigation if she refused to buy items from you after you told her they were stolen? A. Yes, we would have terminated the undercover

operations. Q. A. Q. All right. But you did not in this instance?

That is correct. All right. Now, after you left the store and

after the decision was made to continue with the investigation, did you do anything in relation to this buy? A. Q. A. Yes, I did. What did you do? Not only did we monitor the items going for sale

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on the Yellowhair Bargains web site, on this occasion, I actually used my undercover eBay name of Bill Wallace, Junior to begin to purchase an item back specifically that I had sold to her so that I could verify serial numbers. Q. Were you able to go on line and find the items or

some of the items that you had sold her that day actually on her web site? A. Q. Yes. Show you government's exhibit marked Buy 4.9.

Can you identify that? A. Q. A. Q. A. Q. that? A. Q. that? A. Q. This is the white iPod Nano. All right. And again, these -- that -- when you This is the second black iPod Nano. All right. Government's Exhibit Buy 4.11, what's This is a black iPod Nano. All right. Yes. All right. Really Yellowhair Bargains? On the Yellow House web site?

That is correct. All right. Show you Government Buy 4.10. What's

say these are the iPod Nano's, these are from her web site?

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A. Q. that? A. Q.

That is correct. All right. Government's Exhibit Buy 4.12, what's

A second white iPod Nano. All right. Buy 4.13, can you tell the court and

jury what that exhibit is? A. Q. 4.14. A. Q. that? A. Q. Sonicare toothbrush. All right. MS. PARKER: Umm, Your Honor, at this time This is the TruTech portable DVD player. All right. Show you Government's Exhibit Buy

Would you identify that please? This is the iStation docking station. Show you Government's Exhibit Buy 4.15, what's

the United States offers Government's Exhibit Buy 4.9, 4.10, 4.11, 4.12, 4.13, 4.14, and 4.15. THE COURT: MR. DUMA: THE COURT: Any objection? No, Your Honor. At this time the court does

admit Exhibits 4.9, 4.10, 4.11, 4.12, 4.13, 4.14 and 4.15. BY MS. PARKER: Q. Now, Officer Rantz, I'm putting up Government's

Exhibit Buy 4.9, and you've identified that as one of

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the black -- or consistent with one of the black iPod Nano's that you sold to the defendant? A. Q. A. Q. That is correct. And what date did you sell her this? This would have been sold on November 7th. All right. Now, going to the date and the start

time for this item, when was that? A. Q. November 7th, 2005. All right. And about 14:45 pacific standard time

in the afternoon? A. Q. A. Q. That is correct. What time did you go to her store that morning? 11:30 AM. All right. And all ready within hours, this item

has been bid up to $82, correct? A. No, the bid -- the high bid -- there's no bid That was probably the starting amount

history on it.

that she set it at was $82. Q. it? A. The current bid is what it's set in at. If you So, the current bid then means where she started

look down, doesn't look like there's any high bid history or bid history on that item. that back. Oh, nope, I take There have

I was looking at high bidder.

all ready been 16 bids on this item.

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Q. A. Q. A. Q. A. Q.

And how can you tell that? If you look at where it says history. Uh-huh? Right here, it says 16 bids. All right. So, the starting bid was $6?

That is correct. And within hours, the bidding has gone all the

way up to $82? A. Q. A. Q. That is correct. And the retail price of this item was what? 199.99. Show you Government's Exhibit 4. -- Buy 4.10, and

this is the second or at least another, a different black iPod Nano? A. Q. That is correct. And we know that because the serial number is

different than the previous exhibit? A. Q. when? A. Q. was? A. Q. Shortly after, yes. Display for the court and jury Government's On November 7th, 2005. All right. At about the same time the other one The item number's different, yes. All right. And this was placed on the internet

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Exhibit Buy 4.11. A. Q.

What's this?

This is one of the white iPod Nano's. All right. And this one was placed on the

internet when? A. Q. A. Q. time? A. Q. A. Q. That is correct. Buy 4.12, the other white iPod Nano? Yes. This process -- bidding on this was started again November 9th, 2005. Several days after the sale? Two days, yes. But it was also under the bidding process at this

on November the 9th? A. Q. right? A. Q. this? A. player. Q. All right. What was the date that this was put This is -- that is the TruTech portable DVD That is correct. Show you Government's Exhibit Buy 4.13. What's That is correct. All right. And it had not been run up at all,

on for bids? A. November 8th, 2005.

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Q. A. Q. this? A. Q. A. Q. A. Q. A. Q.

So, that is the day after you sold it to her? That is correct. Show you Government's Exhibit Buy 4.14. What's

That's the i -- Logic iStation docking station. All right. And when was this put on for bid?

November 7th, 2005. Day you sold it to her? That is correct. Within hours? Yes. But now on this screen shot, there doesn't appear

to have been any bids yet? A. Q. No bids on that item yet. Finally, Government's Exhibit 4.15, that's the

second Sonicare toothbrush that you sold her? A. Q. That is correct. The other one having been sold several days

earlier? A. Q. Yes. All right. And what date was this put on the

internet? A. Q. her? November 7, 2005. Again, within hours of the time you sold it to

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A. Q.

Yes. Now, you found all of these items from your eBay

search, correct? A. Q. Yes. Umm, and on this Government's Exhibit 4.15, the

first page is the page that has things like the item number and the description and the bidding history? A. Q. And the seller information, yes. All right. And again, we have Yellow House

bargain shop here? A. Yes, and then at the top you have Yellowhair

Bargains. Q. And then what's this -- does this page have any

significance? A. I think the only significance I had for it is

this Sonicare toothbrush was posted on November 7th, the same day I sold her a Sonicare toothbrush. However, if

you note, it appears -- see, if you look just above the E, there's another black dot. So, it appears that she

used the picture of the first Sonicare to post this item, because on the second one, I did not specifically color in that trademark. Q. All right. So, just recycling a picture she all

ready used? A. That is correct.

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Q.

Anything significant about the third page of this

exhibit? A. Just the -- lists additional items that she has

for sale. Q. All right. And those items include a KitchenAid Does -- and it says what is it?

professional mixer. A. Q. New. All right.

And it has a KitchenAid professional

600 mixer. A. Q. A. Q. Yes.

Does that appear to be in the box?

All right.

What would that indicate to you?

That it's another new item. All right. And then another item that she has

for sale is what? A. Q. A. mixer. Q. And then the bid now, beneath each of these Kirby vacuum cleaner. All right. And can you see what the last one is?

It's another KitchenAid -- in a box KitchenAid

pictures, do you know what that icon symbolizes? A. That's currently what the item -- the bid on that

item on her bargain -- Yellowhair Bargains is at. Q. All right. So, that's the current high bid, and

if you wanted to place a bid on it, could you hit that icon and go and bid $36 if you wanted or --

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A.

Yes, it would bring up -- it would bring up the

same type of screen shot of the other ones that would allow you to bid on that item. Q. Now, besides copying off the screen shots of --

that were consistent with the items that you sold her on November the 7th, did you do anything else? A. On this one, I actually -- we bid and bought back

the TruTech DVD player. Q. Let me show you what's been marked Government's What is that?

Exhibit Buy 4.16. A.

This is an eBay response to me purchasing the

item under the name of Bill Wallace. Q. 4.17. A. item. Q. 4.18. A. And finally, show you Government's Exhibit Buy What is that? These are the shipping labels that came with -All right. Show you Government's Exhibit Buy

What is that? This is a PayPal confirmation paying for the

on the outside of the box when I received the TruTech DVD player. Q. All right. MS. PARKER: Your Honor, at this time the

United States offers Government's Exhibit Buy 4.16, Buy 4.17, and Buy 4.18.

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THE COURT: MR. DUMA: THE COURT:

Any objection? No, Your Honor. At this time the court admits

Exhibits 4.16, 4.17, and 4.18. BY MS. PARKER: Q. Now, Officer Rantz, I'm putting up on the

overhead Government's Exhibit Buy 4.16, and can you tell the court and jury what this page depicts? A. This is the eBay confirmation for the purchase of

the item showing who the seller was and where it's to be shipped to and what the item was. Q. And here at the top, it shows you're paying for

one item and you pay $202.50 for it? A. Q. A. That is correct. And then below that, it has what? The location that we picked so that we'd be

sending the item outside of Lawrence as a safe house, and then my undercover name of Bill Wallace. Q. All right. And this confirms that you have

bought the portable mobile DVD player for $192.50, correct? A. Q. A. Q. Yes, that's the purchase price. All right. And then the $10 is for shipping?

That is correct. And then the second page is just a continuation

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of the information on the first page? A. Q. Correct. And then the third page of this exhibit which

shows MSN Hotmail, what's that? A. That is my undercover e-mail account that I'd set

up for this operation showing correspondence that I had won the -- won the bid of the TruTech DVD player. Q. And this shows that you -- that you received or

sent a -- an electronic message to YellowHouse@Sunflower.com, correct? A. Q. A. Q. Correct. And who is that ID registered to? Carrie Neighbors. Okay. And then this shows that it was on

November -- Saturday, November the 12th, 2005? A. Q. Correct. Okay. About five days after you sold the item

originally to her? A. Q. Yes. All right. And this BWallaceJR72@hotmail.com,

what's that? A. set up. Q. And then at the bottom here it shows where you That's an undercover e-mail account that I had

could mail a payment, correct?

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A. Q. A.

Correct. And where is that? It says if you want to mail a payment, you can

mail a copy of this to the Yellow House Store at 1904 Mass, Lawrence, Kansas, 66047. Q. How did you pay for the item that you bought your

DVD player? A. Q. For this item I used PayPal. And show you Government's Exhibit Buy 4.17, what

is this? A. This is just the PayPal receipt showing the item

being paid for. Q. All right. And the shipping address part of it's

been blocked out? A. Q. A. Q. Yes. Where did it go? Back to the safe house in Overland Park. All right. And in this case, it shows that there

was a credit card used to pay the $202.50? A. Q. A. Q. That is correct. And that credit card ending in the numbers 3152? Correct. Do you know whose name that credit card was

issued in? A. Yes, it's in my -- one of my undercover credit

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cards. Q. A. Q. A. Q. 4.18. A. All right. So, it was in the name of --

I believe that's on -- that is Bill Wallace. That's what you used to pay for this item? That is correct. All right. Finally, Government's Exhibit Buy

What is this? This is the shipping label that came on the

outside of the box when I received the TruTech DVD player. Q. All right. Again, it is shipping to Bill

Wallace? A. Q. A. Q. A. Yes. In Overland Park at the safe house? Yes. All right. And is there a return address on it?

If you move it back up to the top, I believe it's Yes, the return address is Yellow

at the very top.

House Store, 1904 Mass in Lawrence. Q. All right. Now Officer Rantz, I'm placing on the Do you

table before you Government's Exhibit Buy 4.19. recognize this, at least the box? A. Q. A. Yes. What is it?

This is the box that the TruTech DVD player came

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in. Q. A. Q. A. Q. All right. Yes. All right. Yes. All right. And would you open it now so we can Now, except for the label, And then re-sealed? And has it been opened?

see the contents of that?

the shipping label being removed, have there been any other changes to the -- to that box there? A. Yes, there's now a police evidence tape on it,

and then there's a taped-on label at the top basically signifying for an evidence custody sheet that this was Item One on this custody sheet logged into evidence under Case Number 020512461, and the date and my name. Q. Other than the tape and the label that the

Lawrence Police Department put on that box, is it still pretty much in the same condition as when you received it at the safe house? A. Q. Yes. All right. And could you show the jury what's And you're displaying now a sealed box

inside that box?

that purports to contain the mobile DVD player, TruTech, correct? A. Q. That is correct. All right. How are you able to say that's the

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same TruTech DVD player you sold to Carrie Neighbors on November the 7th? A. It's appears to be the same as the picture, and

serial numbers match. Q. All right. So, you have checked the serial

number with the serial number that you copied? A. Q. A. Yes. And they are the same? Yes. MS. PARKER: Your Honor, at this time the

government offers Government's Exhibit 4.19. THE WITNESS: Can I add to that? I do

believe on one report somewhere, as I was reviewing it, there was a typo where I hit a five instead of a six, but yes, the serial numbers have been verified. MS. PARKER: Thank you. We again offer

Government's Exhibit Buy 4.19. THE COURT: MR. DUMA: MS. PARKER: Any objection? No objection, Your Honor. And this would be a two-part

exhibit with the outer box and the inner TruTech box as the entire exhibit. THE COURT: MR. DUMA: THE COURT: Any objection, Mr. Duma? No. At this time the court admits

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Exhibit 4.19. BY MS. PARKER: Q. Now, the label that's Exhibit Buy 4.18, is that

label the one that was removed from the box? A. Q. Yes, it was removed from the top of the box. Thank you. Anything else happen or did you

conduct any other investigation as it relates to Buy 4? A. Q. Not that I recall, no. All right. Did you return to the Yellow House at

another time? A. Q. A. AM. Q. there? A. I was going to attempt to sell another large All right. And what was your purpose in going I did. When? On November 18th, 2005, at approximately 10:32

amount of electronics to Carrie Neighbors. Q. A. Q. A. Q. A. Q. And where did you get the electronics? From the Target Corporation. How many pieces did you take that day? I believe six. Six pieces? Yes. And got them all from Target again?

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A. Q. A. Q.

That is correct. Dressed in the Bill Wallace outfit? The Russ Williams outfit. I'm sorry, the Russ Williams outfit -- I'm not

going to keep these names straight -- dressed in the Russ Williams outfit? A. Q. there? A. Q. A. Q. A. Q. A. Yes. Who was that? I made contact with Carrie Neighbors. And you said you took seven items? Six items. Six items. All right. One, two, Yes. All right. And did you make contact with anyone

No, I'm sorry, there is seven items.

three, four, five, that's a label, six items. Q. Show you what's been marked Government's Exhibit What's that?

Buy 5.4. A. Q.

That's a new Samsung digital camera. All right. Show you what's been marked as

Government's Exhibit Buy 5.5. A. mixer. Q. Show you Government's Exhibit Buy 5.6. This is a new four and a half quart KitchenAid

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A. Q. A.

It's a new Garmin GPS unit. Show you Government's Exhibit Buy 5.7. This is a picture of the Target tags that are put

on the -- that were put on the bottom of the Garmin GPS unit. Q. A. Show you Government's Exhibit Buy 5.8. This is a new Texas Instruments graphing

calculator. Q. All right. MS. PARKER: Your Honor, at this time the

United States offers Government's Exhibits 5-- Buy 5.4, Buy 5.5, Buy 5.6, Buy 5.7, and Buy 5.8. THE COURT: MR. DUMA: THE COURT: Any objection? No objections, Your Honor. At this time the court does

admit Exhibits 5.4, 5.5, 5.6, 5.7 and 5.8. BY MS. PARKER: Q. Now, Officer Rantz, I'm going to show you Is that a fair and

Government's Exhibit Buy 5.4.

accurate photograph of the Samsung camera that you took that day? A. Q. A. Q. Yes. Still in its box? Yes. Show you Government's Exhibit 5.5. Is that the

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KitchenAid mixer you took that day? A. Q. A. Q. that? A. Q. That's the Garmin GPS unit. All right. Again, still in its plastic Yes. Still in the box? Yes. Buy 5. -- Government's Exhibit Buy 5.6, what's

container? A. Q. A. Q. Yes. All these items were clearly unopened, correct? That is correct. Show you Government's Exhibit Buy -- I don't know What is this?

if it makes a difference, but Buy 5.7. A.

This is a Target label -- excuse me -- that was The black dot

on the bottom of the Garmin GPS unit.

that you see to the left of the Target symbol was actually the Target bull's eye. I took an inked pen and

colored it in so it would be a solid black since I wasn't able to get the serial number off of it. Q. And that was so you could identify that item if

you ever saw it again? A. Q. Yes. All right. Finally show you Government's Exhibit

Buy 5.8.

What is that?

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A.

That's a Texas Instruments graphing calculator

that I took in. Q. And these photographs are photographs of all of

the items that you took to Carrie Neighbors that day? A. Q. A. No. What else did you -There were two additional items that I also took

Q. A. Q.

What was that? 5.2 and 5.3 which are two Fuji digital cameras. Well, I have neglected to show you Government's

Exhibit 5.2, we have no 5.3, but do you recognize that? A. Correct. Yes, this is the digital photo of the

two Fuji F10 digital cameras that I took in. MS. PARKER: At this time United States

offers Government's Exhibit Buy 5.2. THE COURT: MR. DUMA: THE COURT: Exhibit 5.2. BY MS. PARKER: Q. All right. And I have that now up on the Any objection? No objection. At this time court admits

overhead.

Is that a fair and accurate photograph of the

two Fuji cameras that you took? A. That is correct.

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Q.

All right.

And those like the other items are

still in their box, never been opened? A. Q. That is correct. All right. You made contact with Carrie

Neighbors, you said -A. Q. Yes. -- that day? And approximately what time of day

was this? A. Q. Approximately 10:32 is when I went in. And again, did you audio and video record the

conversation that you had with Miss Neighbors on that day? A. Q. Yes, I did. Show you Government's Exhibit Buy 5.1. Can you

identify that? A. This is the DVD compilation or combination of the

audio and video from the undercover operation. Q. A. Q. A. Q. A. Q. All right. Yes. And is it accurate in every way? Yes. All right. No. Was anything added or subtracted from any of the Nothing added or subtracted? And have you reviewed it?

DVD's that were made?

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A.

No, there was some filtering done, but nothing so

I guess that would actually be a subtraction of some noise but -- when you do the filtering, but -Q. A. Q. T R. A. Nothing was cut out? Nothing was altered, no. All right. Show you Government's Exhibit Buy 5.1

Do you recognize that? This is a transcript of undercover operation of

Buy Number 5. Q. A. Q. And have you reviewed that for accuracy? Yes. And is it accurate as it relates -- as it

reflects the conversation you had with the defendant this day? A. Yes. MS. PARKER: Your Honor, at this time

government offers Exhibits Buy 5.1 and 5.1 T R. THE COURT: MR. DUMA: THE COURT: Exhibits 5.1, 5.1 T R. MS. PARKER: Thank you. And with the Any objection? No objection, Your Honor. At this time the court admits

court's permission, we would like to publish the contents of Government's Exhibit 5.1 to the jury. THE COURT: Yes.

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MS. PARKER:

And this tape is 11 minutes and

THE COURT: BY MS. PARKER: Q.

Thank you.

Now, it appears from listening to the tape that

there were some other people in the store during this transaction or at least during part of it? A. Q. A. World. Q. A. That's the paper in Lawrence? That is the newspaper in Lawrence who was selling Yes. Do you know who they were? There was a subject who was from the Journal

advertising, and then also during the undercover operation, Patrick Stanwix walked in from the back of the store. Q. And I noticed on the video there on one of the

appliances, there was a large box that had the Target logo on the side. Is that the box you had brought in

the previous time, or is that the box you used to bring in these items? A. Q. That's the box I used to bring in these items. So, twice in a row, you walked in to the Yellow

House Store and met with Carrie Neighbors with a big box that had Target on the side?

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A. Q.

That is correct. And are there any other identifying labels on any

of the items that you took that would have identified them as coming from Target? A. On some of the items, they had stickers,

specifically like the Garmin GPS had stickers on the bottom of it designating it as a Target item. Q. Now, all of the items that you took in on this

fifth buy, do you know what the combined retail value of those items was? A. Q. 1389.89, $1,389.89. And how much did Carrie Neighbors pay you for

those items? A. Q. $500. Show you Government's Exhibit Buy 5.9. Can you

identify that? A. Yes, this is a copy of a handwritten list that

you hear referred to that was inside the box when I delivered the items. Q. A. Show you Government's Exhibit 5.10. What's that?

This is a copy of the check that was written to

Q. A. Q.

The $500 check? Yes. All right. Show you Government's Exhibit Buy

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5.11. A. camera. Q. A. camera. Q. A.

What's that? This is a posting on eBay of the Fuji digital

Show you Government's Exhibit 5.12.

What's that?

It's a posting for another Fuji F10 digital

Government's Exhibit 5 -- Buy 5.13.

What's that?

It's a posting for a four and a half quart

KitchenAid mixer. Q. that? A. Q. EBay posting for the Garmin eTrex GPS unit. And then finally, Government's Exhibit Buy 5.15, Show you Government's Exhibit Buy 5.14. What's

what's that? A. It's a posting for the Texas Instruments graphing

calculator. MS. PARKER: Your Honor, at this time United

States offers Government's Exhibits Buy 5.9, Buy 5.10, Buy 5.11, Buy 5.12, Buy 5.13, Buy 5.14, and Buy 5.15. THE COURT: MR. DUMA: THE COURT: Any objections? No, Your Honor. At this time the court does

admit Exhibits 5.9 through 5.15. BY MS. PARKER: Q. Now, Officer Rantz, I have on the overhead Buy --

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Government's Exhibit Buy 5.9. A.

What is that?

This is a note that I kind of scribbled out and

put in with the box of items I was bringing in that shows the retail price of each of the items. Q. Okay. And this was the list that you discussed

with the defendant during the negotiation to buy the items? A. Q. all? A. Q. Yes. All right. So, from our reference to this then, Yes. Did she look at this? Did she refer to this at

that would have informed anybody reading the note about the value of the items you were bringing in? A. Q. check? A. Q. Yes. And that shows it was written on November That is correct. Government's Exhibit Buy 5.10, that's the $500

the 18th for $500? A. Q. A. Q. A. Correct. Says camera and GPS? Yes. Who made the notations in the memo section? Miss Neighbors did.

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Q.

And other checks that you have alluded -- that

you have identified also had notations in the memo section of those checks. there? A. Q. that? A. It's a screen shot from the eBay item being sold, Miss Neighbors did. Buy -- Government's Exhibit Buy 5.11, what is Who put that information on

specifically the Fuji F10 digital camera. Q. All right. And again, you sold the items on

November the 18th, correct? A. Q. A. Q. A. Q. That is correct. And this was posted that very same day? Yes. Government's Exhibit Buy 5.12. What's that?

It's a second Fuji F10 digital camera. All right. And what is the posting date of this

item on the eBay auction? A. Q. November 19th, 2005, the day after. And you know that this is the separate item

because of the item number on this document is different than the item number that -- on the previous exhibit? A. Q. That is correct. And is -- in your experience, is a separate item

number assigned to each individual items that's put --

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placed for auction on eBay? A. Q. that? A. Q. A. Q. It's a four and a half quart KitchenAid mixer. All right. And what date was that put on? Yes. Show you Government's Exhibit Buy 5.13. What's

November 18th, 2005. And by the time you printed this screen shot,

that had been bid up to $162.51? A. Q. Yes. All right. And that was placed, there had been

24 bids on that? A. Q. That is correct. Finally, show you Government's Exhibit Buy 5.14.

What's that? A. Q. That's the Garmin eTrex GPS unit. All right. And it sold on November 18th --

posted on November 18th? A. Q. Posted on November 18th. All right. Again, within hours of the time that

you sold it to the defendant? A. Q. that? A. It's the Texas Instruments graphing calculator. Yes. Finally, Government's Exhibit Buy 5.15. What's

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Q. A. Q.

All right.

And that was posted when?

On November 26th. All right. So in this case, Mrs. Neighbors

waited a little while before she put that on? A. Q. That is correct. Now, you were tracking these items and that's how

you got these screen shots? A. Q. That is correct. And after you did the tracking, did you do

anything else? A. Q. A. unit. Q. All right. Why did you choose that one to Yes. What else did you do? We bid on and purchased back the Garmin eTrex GPS

purchase back? A. Umm, I'm not sure if I recall why we ended up

choosing that one, but we did. Q. Okay. And let me show you Government's Exhibit

Buy 5.16. A.

What's that?

This is the eBay posting and winning bid for the

Garmin GPS unit. Q. that? A. This is the Hotmail e-mail correspondence in Show you Government's Exhibit Buy 5.17. What's

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reference to paying for the item. Q. And then finally, Government's Exhibit Buy 5.18,

what's that? A. This is the shipping label that came on the front

of the package when it was delivered to me. MS. PARKER: Your Honor, at this time the

United States offers Government's Exhibits Buy 5.16, Buy 5.17 and Buy 5.18. THE COURT: MR. DUMA: THE COURT: Any objection? No objection, Your Honor. At this time the court does

admit Exhibits 5.16, 5.17 and 5.18. BY MS. PARKER: Q. Officer Rantz, I have on the overhead Is this the information

Government's Exhibit Buy 5.16.

-- the notification you received that you were the winning bidder on that Garmin eTrex GPS receiver? A. Q. Yes. And when we talk about the Garmin GPS receiver,

that's the one that you sold to her on November the 18th? A. Q. That is correct. Umm, and the rest of these pages are just

standard pages that came with that notification? A. That is correct.

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Q. A. Q.

All right.

And you received this yourself?

That is correct. And did you have an e-mail address set up in your

undercover capacity where you could receive messages like this? A. Q. Yes. All right. And I think you've all ready I'll show you Government's Exhibit Buy

identified that. 5.17. A.

What's that? That is the MSN Hotmail e-mail correspondence

from PayPal and for the purchase of it to Bill Wallace, Junior. Q. All right. And that shows here -- the shipping

information shows that it went back to that safe house in Overland Park? A. Q. That is correct. All right. And you used an Overland Park

address, why? A. Because we did not want to be purchased every --

purchasing an item, you know, through eBay and having it sent to an address in Lawrence, because we didn't want her to say, hey, you can just save the shipping and come to the store and pick it up. Q. And going to the fourth page of that exhibit,

which is marked up at the top as Page 1 of 2, it shows

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shipment details, correct? A. Q. Umm, yes. All right. And it shows that it was being

shipped from where? A. Kansas. Q. All right. I'm going to show you a copy of the What is that? Yellow House Store at 1904 Mass in Lawrence,

Exhibit Buy 5.18. A.

That is the shipping label that came on the

outside of the package containing the Garmin GPS unit. Q. All right. Again, showing that it came from

Yellow House to Bill Wallace in Overland Park, Kansas? A. Q. A. Q. Correct. Now, did you actually receive the item? Yes. Hand you an exhibit that's marked on the outside

of the paper sack as Government's Exhibit Buy 5.19. A. Q. A. Yes. Can you identify that? And yes, this is the bag that contains the Garmin

GPS unit. Q. A. And how do you know that? Because of the case number, the date, and of

course, the exhibit number that we've placed on it now. MS. PARKER: Your Honor, at this time the

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United States offers Government's Exhibit Buy 5.19. THE COURT: MR. DUMA: THE COURT: Exhibit 5.19. BY MS. PARKER: Q. that. All right. And if you, Officer Rantz, would open Any objection? No objection. At this time court admits

Is that sack used to protect and to account for

the item that's inside? A. Q. Yes. That's standard procedure when you are

inventorying items to put 'em in a bag that -- so you can mark the bag? A. Q. A. Q. Yes. All right. Evidence container. And you are now holding up for the jury the

contents of that paper sack, Government's Exhibit Buy 5.19 which is the unopened box or plastic container that has that GPS in it? A. Q. That is correct. And how are you able to say, if you are, that

this GPS is the same one you sold to the defendant on November 18th? A. Well, on the bottom of it, consistent with the

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pictures that we had taken, the labels from Target that had been placed here had been removed, we knew from a picture that that label was there. sticky spot. Q. When you sold that item at the Yellow House, did Now, there's only a

it have the Target sticker on it? A. Q. Yes. All right. And when you got it back, did it have

the Target sticker on it? A. Q. No, it did not. All right. And what would the effect of removing

the Target sticker have on someone's ability to track the origination location of that item? A. There's nothing on it now that designates it to

any specific retailer. Q. Now, I'm going to put up on the overhead again And I think you have

Government's Exhibit Buy 5.7.

previously identified that as a photograph of the bottom of that item in your hand when you took it to the Yellow House? A. Q. That is correct. All right. And would you -- and you've all ready

indicated that you colored in the Target logo, the little bull's eye in black ink, correct? A. That is correct.

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Q.

All right.

But anyone who had bought that item

and found this label, would they have known that it came from Target? A. They would have known that it originated as a

Target product, yes. Q. So, removing the label in effect takes off all

prior ownership information? A. Q. there. A. Q. A. Yes. All right. And you have a yellow sticky on

What is that yellow sticky? Yes, this --- sticky note? This yellow sticky note is the -- denotes the

eBay tracking number, eBay item number that is posted has -- as like an internal thing for Yellow House, we know they use sticky notes to place on items with the eBay item number. Q. Was that sticky note on that Garmin GPS when you

got it in the mail? A. Q. there? A. Q. I do not. But it was not on there when you sold it to the Yes. All right. And you don't know who put it on

Yellow House?

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A. Q.

That is correct. And then -- okay, when you executed some search

warrants, did you find similar sticky notes with item numbers on them on other products? A. Q. Yes. So, it seems to be an internal inventory number

for Yellow House? A. Q. A. Q. A. Q. A. Q. That is correct. Did you go back to the Yellow House? Yes, I did. After this date? Yes. And when was that? Would have been on November 29th, 2005. All right. And what was your purpose in going

back at that time? A. To make a final undercover sale of electronics to

Miss Neighbors. Q. A. Q. All right. Yes, I did. All right. MS. PARKER: Your Honor, we have a tape of And did you take items?

about 10 minutes and 14 seconds in addition to these exhibits to go through. I don't know whether you'd like

us to proceed with this now or --

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THE COURT: morning recess.

Let me go ahead and take our In

And thank you for letting me know.

regards to our morning recess, jury members, please remember your admonition, which is that no one is to talk to you about the case, and even among yourselves, you can't speak about the case. 15-minute recess. Thank you. Probably for a

(10:30 AM, jury left.) THE COURT: Court stands in recess. Proceedings

(Whereupon court took a recess. then continued as follows: and jury returned.) THE COURT: MS. PARKER: BY MS. PARKER: Q. Please continue.

10:57 AM, court

Thank you, Your Honor.

Now, Officer Rantz, you just finished testifying

about the fifth time you went to the Yellow House to sell new in the box items, and that happened on November the 18th of 2005, correct? A. Q. A. Q. A. Q. That is correct. And did you go back again? I did. And what was your purpose? To sell additional new items to Carrie Neighbors. All right. What was the date of this sixth visit

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to sell stuff? A. Q. A. November 29th, 2005. A week or so after the fifth time you went? Approximately 10 days. We had a holiday in the

middle of that. Q. A. Q. A. Q. Dressed in your Russ Williams outfit? That is correct. And wired for sight and sound? That is correct. All right. And what did you take with you on

this occasion to sell to Carrie Neighbors? A. I took two iPod Shuffles, a limited edition U2

Apple iPod, a Panasonic digital phone set, a JBL music box, a Phillips DVD system and a Polaroid DVD system. Q. A. Q. How many items altogether, seven? Seven, yes. And what condition were each of those items in

when you went there on November the 28th? A. boxes. Q. A. Q. 6.2. A. Again, items that you got from Target? That is correct. All right. What's that? That's a picture of one of the iPod Shuffles. Show you Government's Exhibit Buy They were new items still in their original

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Q. A. Q. that? A. Q.

Government's Exhibit 6.3 -- Buy 6.3, I'm sorry? The serial number for the iPod Shuffle. Show you Government's Exhibit Buy 6.4. What's

It's a photo of the other iPod Shuffle. Why are you taking an iPod Shuffle back in again

after you had started taking in the more expensive items? A. I did actually a combination on this time. I I

took her an expensive iPod and some of the cheaper. basically was still trying to set the pattern that I

could take these same items in over and over again and there would be no question. Q. 6.5. A. All right. What's that? It's the serial number for the second iPod Show you Government's Exhibit Buy

Shuffle. Q. 6.6. A. All right. What's that? This is the special edition iPod U2 --special Show you Government's Exhibit Buy

edition U2 iPod. Q. A. Q. that? Government's Exhibit Buy 6.7? It's the serial number for the U2 iPod. All right. Government's Exhibit Buy 6.8, what is

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A.

It's the Panasonic phone -- phone and answering

machine set. Q. All right. Government's Exhibit Buy 6.9, would

you identify that please? A. set. Q. A. Q. please? A. Q. A. Q. A. Q. A. Q. 6.16? A. Q. And it's the serial number for the Polaroid. All right. And again, each and every one of The serial number for the JBL. Government's Exhibit Buy 6.12, what's that? The Phillips portable DVD. All right. Government's Exhibit Buy 6.13. Government's Exhibit Buy 6.10, what's that? It's the JBL music system. Government's Exhibit Buy 6.11. What's that It's the serial number on the Panasonic phone

The serial numbers for the Phillips DVD player. Government's Exhibit Buy 6.14, what's that? It's the Polaroid TV/DVD player. All right. And finally, Government's Exhibit Buy

those items were new in the box items? A. Q. Yes. All right. Show you what's been marked as Can you identify that

Government's Exhibit Buy 6.1.

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please? A. It's the DVD audio combination, audio video

combination of undercover sale number six. Q. All right. And that was the one on November

the 29th? A. Q. T R. A. Yes. All right. What is that? It's the transcript from the undercover operation Show you Government's Exhibit Buy 6.1

on November 29th. Q. And have you reviewed both Government Buy 6.1 and

Exhibit Buy 6.1 T R for accuracy? A. Q. Yes. And are both of those exhibits a fair and

accurate recording or transcription of what occurred when you went the sixth time to sell Carrie Neighbors items? A. Yes. MS. PARKER: Your Honor, at this time the

United States offers Government's Exhibits Buy 6.1, through Buy 6.15 inclusive, and I can list those out individually if the court would prefer. THE COURT: MS. PARKER: THE COURT: I thought you identified 6.16. And I may have. Could you check?

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MS. PARKER:

I have Buy 6.16 here, so I

don't believe I have identified that yet with the officer. THE COURT: At this time, are there any

objections to Exhibits 6.1 through 6.15? MR. DUMA: THE COURT: No, Your Honor. At this time those Exhibits 6.1

through 6.15 are admitted. MS. PARKER: And Your Honor, the DVD is a

DVD that lasts for 10 minutes and 14 seconds, and government would request leave of court to publish that now for the court and jury. THE COURT: Yes.

(Exhibit being played.) BY MS. PARKER: Q. Now, Officer Rantz, during this visit, was anyone

else in the store when you were there? A. Yes, Patrick Stanwix was the other subject you

could see at the front counter. Q. All right. And I noticed in your video that you

asked that the check be made out in a different name? A. Q. A. Q. Yes. And what name was that? Neal Jackson. And why did you ask for the check to be made out

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in a different name? A. Well, I all ready knew from the other undercover I wanted to see

operations that she didn't ask for ID.

if it was possible for somebody to come in and sell something and give them -- give her a different name than what the other names that they'd given her in the past. Q. All right. Did you also want to see if she'd ask

any questions about that? A. Q. A. Q. Yes. And did she? No. All right. Now, we have not gone through the

pictures of the items that you took in, so I want to do that very, very quickly. A. Q. Okay. But the items that you took in, did you take it

in another Target box, or did you -- how did you get it in the store? A. Q. In a Target storage box. Government's Exhibit Buy 6.2, that's one of the

iPod Shuffles? A. Q. A. That's correct. Did you buy any of these items back? No.

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Q.

So, the serial numbers were recorded, but you

really never saw the item again? A. Q. A. Q. Oh, we saw the item again. All right. All of them. All right. Then let's go through the serial Which one was that?

numbers.

Government's Exhibit Buy 6.3, that's the

serial number for that first item? A. Q. that? A. Q. That's another -- the second iPod Shuffle. All right. Buy 6.5 is the photograph of the Yes. All right. Government's Exhibit Buy 6.4, what's

serial number for that second iPod Shuffle? A. Q. A. Q. That's correct. Government's Exhibit Buy 6.6, what's that? That's the special edition iPod U2. All right. And do you know what makes that a

special edition? A. Q. A. It's actually got the band U2 on it. Already recorded? Well, it's -- I'm not sure if it's recorded music

on there or if it just has -- it's larger, holds more memory, and I'm not sure if it has their band name on the iPod or not.

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Q. A. Q. that? A. Q. A. Q.

So, may just be the logo that makes it special? That's correct. All right. Government's Exhibit Buy 6.7, what's

That's the serial number for the U2 iPod. Government's Exhibit Buy 6.8, what is that? The Panasonic phone set. And I noticed again that all of these items are

new in their boxes and unopened? A. Q. A. Q. A. Q. A. That is correct. All right. Government's Exhibit Buy 6.9?

That's the serial number for the Panasonic phone. Government's Exhibit Buy 6.10, what's that? That's the JBL music box. What's a music box? It's just another music box that you can put an

iPod to. Q. It's similar to an iPod that you can put recorded

music on? A. Q. A. Q. Correct. All right. Government's Exhibit Buy 6.11?

That's the serial number for the JBL. Now, I noticed that there seems to be a theme in

the types of items you're getting from Target to sell to Carrie Neighbors.

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A. Q.

Yes. Did you ask for specific types of material or

items to sell? A. On the last one, I did. I asked her if she She

wanted anything specific with Christmas coming on. said she did not do orders. Q. worded. A. Q. A. All right.

But my question was probably poorly

But you took mainly small electronics, correct? That is correct. Why is that? Because I needed to carry 'em all in, and I

wanted something that I could easily move around. Q. All right. And were they also items that you

were aware of were popular and there were a lot of people buying them? A. Q. Absolutely. All right. And did that have any effect on what

you thought she would want to buy, she being the defendant? A. I knew they were popular items. I thought they

was something she would probably be interested in buying and re-selling. Q. that? A. That's the Phillips portable DVD player. Showing you Government's Exhibit Buy 6.12, what's

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Q.

Government's Exhibit Buy 6.13, is that the serial

number for that? A. Q. A. Q. A. Yes. Last item? Yes. Buy 6.14, what's that? It's a Polaroid under your -- it goes underneath

your kitchen counter TV/DVD player. Q. And Buy 6. -- Government's Exhibit Buy 6.15,

what's that? A. player. Q. And she gave you how much money for these items It's the serial number for the Polaroid DVD

-- all of these items? A. Q. A. Q. A. Q. $500. And do you know the retail value of these items? $1,374.93. All right. No. Let me show you what has been marked as What is that? Did you buy any of the items back?

Government's Exhibit Buy 6.16. A.

This is the original check that she issued to me. The other checks that I got

I did not cash this one.

from her during the undercover operation, I cashed so that we would not raise suspicion that the checks

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weren't clearing the bank after she issued to me -issued them to me. On this last one, we thought because

the short duration before we applied for a search warrant, we did not cash this one and left the original check. Q. All right. Didn't feel that the failure of that

check to clear the bank would compromise your investigation? A. Q. that? A. Q. A. Q. It's an iPod Shuffle. Government's Exhibit Buy 6.18, what's that? Another iPod Shuffle. Government's Exhibit Buy 6.19, as soon as I get What is that? That is correct. Show you Government's Exhibit Buy 6.17. What's

it out of here, I'll hand it to you. A. Q. It's the Panasonic phone set. All right.

And Government's Exhibit Buy 6.20,

what's that? A. It's the JBL music box. MS. PARKER: Your Honor, at this time United

States offers Government's Exhibits Buy 6.16, 6.17, Buy 6.18, Buy 6.19 and Buy 6.20. THE COURT: MR. DUMA: Any objection? No objections, Your Honor.

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THE COURT:

At this time the court does

admit Exhibit 6.16 through 6.20. BY MS. PARKER: Q. All right. And I'm going to put up on the Can you explain

overhead Government's Exhibit Buy 6.16.

how -- this is the check that you received, correct? A. Q. Yes. All right. And if I could have the original

back, I'll just turn it over. A. Q. you. We can actually open it if you prefer. No, I don't think that's necessary, but thank Let me just put the original of Buy 6.16 on the

overhead, and that shows the back half of the fold, the check? A. Q. A. Q. That is correct. And it's Check 14138 dated 11/29 of '05 for $500? Correct. And then turning it back over to the side that's

marked, it shows this check is made out to Neal Jackson? A. Q. A. Q. That is correct. And it's for a box of electronics? Correct. Give this back to you so you can keep all of the And I may have asked you this, but What was the

originals together.

I don't remember, so I'll ask you again.

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total retail value of all of the items that you sold to the defendant this day? A. Q. A. Q. prices? A. Q. $1,374.93. And she paid you $500 for them? That is correct. But you never argued with her about higher You just took what she offered? That is correct. Government's Exhibit Buy 6.17. This is the --

excuse me -- the Apple -- one of the Apple iPod Shuffles? A. Q. Correct. All right. And you bought this on November

the 28th or the 29th? A. Q. I sold it to her on November 29th. I'm sorry, you sold it to her on the 29th, so

this was posted immediately that day? A. Q. Yes. Now, during the conversation with her when you

were talking about, you know, what she liked to buy and she said to you, well, she -- she liked to buy anything? A. Q. items? A. No. She could sell anything, yes. Did she mention to you how she was selling these

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Q.

When you were in her store on any occasion, how

often would you see new in the box items on her shelf to sell from the store? A. Sporadically, you would see items just setting Nothing consistently

out in a few different places. setting on the shelf. Q. store? A. Q. A. Q.

What type of items appeared to be for sale in the

Just on the shelves and stuff? Yes. Primarily used items. All right. So, when you would take in a box load

say on the fifth buy or on the fourth buy, there were quite a few items. When you went back again, did you

ever see any of the items you sold her on the shelf for somebody for sale walking in? A. On the undercover operation, I never saw a single

item that I sold her showing up on the shelf. Q. And if somebody from Target had come looking for

missing items, they wouldn't have found 'em on her shelves, would they? A. Q. They -- I never saw 'em out, no. Government's Exhibit 6 -- Buy 6.18, is that the

second iPod Shuffle? A. Yes.

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Q.

Again, put up for auction the same day that you

sold it to her? A. Q. A. Q. That is correct. 6.19, what's that? The Panasonic phone set. All right. Again, right onto the eBay site the

same day you sell it to her? A. Q. A. Q. Correct. Finally, Exhibit 6.20, what's that? That's the JBL music box. All right. Again, November 29th, the same day

you sold it to her, it is posted on eBay? A. Q. Yes. Now, I believe you said that you did see some of

these or all of these items later? A. Q. Yes. All right. And where did you see them? How did

you come back across them if you didn't buy them? A. On November 30th, 2005, I applied for and was

subsequently granted five search warrants in relation to this investigation. I applied for a search warrant for

the business, a search warrant for the residence, a search warrant for her bank records out of the Commerce account, a search warrant for her eBay/PayPal records, and a search warrant for her Sunflower account, which

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was her e-mail account. MR. DUMA: THE COURT: May we please approach the bench? Yes.

(Proceedings held at the bench, outside the hearing of open court.) MR. DUMA: Judge, I am just renewing the

motion to suppress that we had previously filed in this case so that we don't waive any appellate rights in that regard. THE COURT: MS. PARKER: Any comment? No. We're just going to put in

the actual search warrants, not the applications, and then go into the items that were seized. I think you

probably preserved -- we would not argue that he hasn't preserved his objection. THE COURT: record. At this time it's noted for the

Defendant's counsel on behalf of defendant has

indicated in order to preserve any appeals that may take place based on what's happened in our case, that at this time during the trial he's asked to make an objection to this evidence being presented to the jury in line with the objections or the motion to suppress that was filed previously in the case. It's noted for the record. Unless there's anything

It's a continuing objection. else?

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MS. PARKER:

We do intend to offer exhibits

that were obtained during the second round of search warrants, and I don't know if this -- I would have no objection to having this continuing objection apply to those as well so we don't have to stop again, but that would be up to you, Mr. Duma. MR. DUMA: That would be my preference, if

it's okay with the court. THE COURT: That's noted for the record. I

just need to be alerted to that when that comes forward, and you can just make reference. objection? record. MR. DUMA: THE COURT: Thank you, Your Honor. Please continue. I'll say, is there any

You can just say as previously noted for the

(Proceedings continued in open court.) THE COURT: BY MS. PARKER: Q. Officer Rantz -- Rantz, you testified that you Continue please.

obtained some state search warrants, correct? A. Q. A. That is correct. Show you Government's Exhibit 132. What's that?

This is the search warrant that was signed for

the location at 1904 Mass, the Yellow House Store. Q. All right. Show you Government's Exhibit 133,

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what's that? A. This is the search warrant that was signed for

the Neighbors' residence located at 1104 Andover in Lawrence. Q. A. All right. Exhibit 134, what's that?

This is the search warrant that was signed for

the eBay/PayPal records in San Jose, California. Q. A. Exhibit 135, what is that please? This is a search warrant for the Commerce Bank

account, specifically for Account Number 650090223 which was the account number for the checks that were written to me during the undercover operations. Q. All right. Finally, Exhibit 136, Government's

Exhibit 136, what's that? A. This is a search warrant for the Sun-- for

Sunflower Broadband in Lawrence, which is the records custodian and operator for the YellowHouse@Sunflower.com account, e-mail account. MS. PARKER: All right. Your Honor, at this

time government offers Exhibits 132, 133, 134 and 135 and 136. THE COURT: MR. DUMA: Your Honor. THE COURT: At this time the court does For the record, any objections? Only as previously discussed,

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admit Exhibits 132, 133, 134, 135 and 136. continue. BY MS. PARKER: Q.

Please

You obtained search warrants for eBay and PayPal.

Why did you use the search warrant to try to obtain or to get documents from that company? A. As a local officer, I don't have subpoena power

like a federal agent would be able to get for records, eBay, PayPal. I was also -- after contacting eBay,

PayPal, was advised by their administration or their loss prevention people, kind of security people for eBay, PayPal, they advised me of what's -- what they referred to as a long arm of the law statute where they recognize out of state search warrants. Because of all

the internet servers that are housed in California, they recognize that those records need to be accessed by law enforcement from other states, so they allow -- they basically accept search warrants from other states. Q. And was it a similar situation with Commerce Bank

and eBay -- the Sunflower accounts? A. Yes, we have Commercial Banks in Lawrence. We

also have -- Sunflower Broadband is actually located in Lawrence. Q. Now, you said that you got a -- obtained a search

warrant for the residence at 1104 Andover?

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A. Q. A. Q.

That is correct. And one for the business at 1904 Massachusetts? That is correct. Did you participate in the service of this search

warrant and in the seizure of items from either of those locations? A. Yes. I was in charge of the search that occurred

at 1104 Andover, the Neighbors' residence. Q. And I'm putting up Government's Exhibit 133. Is

that the search warrant that allowed you to search and seize items at the residence at 1104 Andover? A. Q. Yes. And this shows that this search warrant was

obtained or signed by the judge of the district court there in Douglas County, excuse me, on November 30th of 2005? A. Q. Yes. And when was the search warrant actually

executed? A. Q. It was executed on December 2nd, 2005. And in the course of serving the search warrant,

were some videotapes made of the -- just -- just videotape was made of the location at the time of the search? A. Yes, there was a -- what we refer to as an entry

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and exit video.

Once we've gone into any kind of

location that we're executing a search warrant, whether it be the house or the business, we will -- before officers begin their search, they walk through, record how the residence was when they went in, and then what it looked like when they exit. MS. PARKER: May we approach the bench?

(Proceedings held at the bench, outside the hearing of open court.) MS. PARKER: Your Honor, the government is

going to offer the Government's Exhibit 137, which is the videotaping of the entry and the exit, but I wanted to state for the record that it has been redacted to remove any of the footage that showed the marijuana plants that were found and later seized. So, I -- I'm

not going to ask the agent about that, but we've -- I think we made a copy of this available to Mr. Duma, and I just wanted to make the record clear, this is a redacted copy of that initial entry video. THE COURT: MR. DUMA: THE COURT: Anything? No, I don't have anything at all. All right. Please continue.

(Proceedings continued in open court.) BY MS. PARKER: Q. Officer Rantz, I'm going to hand you what's been

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marked Government's Exhibit 137.

Could you tell the

court and jury what that is please? A. This is the conversion from eight-millimeter tape

to DVD, the entry and exit of the residence at 1104 Andover. Q. All right. And is this in substantially the same

condition as it was when you -- it was taped? A. Q. Yes. And this is a fair and accurate depiction

visually of the residence before and after the search warrant? A. Yes. MS. PARKER: Your Honor, at this time United

States offers Government's Exhibit 137. THE COURT: MR. DUMA: THE COURT: Exhibit Number 137. MS. PARKER: All right. Your Honor, this is Any objection? No objection. At this time court admits

approximately -- let me ask a question of you. BY MS. PARKER: Q. Does the entrance video -- is that consistent for

the most part with the way the residence appeared after the search warrant had been completed? A. Yes. There may be items that are moved around,

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but basically, we just note on an exit video that we didn't come into somebody's residence and start destroying and flipping things upside down. show what it looks like when we left. Q. So, if the government requests to play only the We just

entry part of the video, would that still substantially reflect the condition of the residence when you left? A. Yes, minus the items that were collected as

evidence. Q. All right. MS. PARKER: Your Honor, at this time the

government requests permission to publish the entry portion of Government's Exhibit 137 with the understanding that if Mr. Duma wants the second half of this played, we will be glad to do so. THE COURT: Yes. And may I ask how long the

portion that you're going to play takes? MS. PARKER: I believe it's about a

25-minute video altogether, so I would imagine the first part would only cover about 15 minutes worth. agree with that? THE WITNESS: 15 minutes. MS. PARKER: All right then, with the Yes, that's approximately Would you

court's permission, we would publish the entry portion

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of the search warrant video on December the 2nd, 2005. THE COURT: Yes.

(Video being played.) BY MS. PARKER: Q. And Officer Rantz, if you could narrate what

we're looking at as this video plays, think that would be helpful to the understanding of what everyone's seeing in this exhibit, what we're looking at here. A. This is the front of the residence at 1104 It's approximately three houses to the -- what

Andover.

would be the north of Hartford, I believe, or Harvard. This is just the front of the residence which faces to the west. Q. All right. How many officers, if you remember,

actually participated in the execution of this search warrant? A. There were several, I'm guessing, logged in and

out of the residence, probably 12 to 15. Q. Were any of the residents at home when you

arrived to serve the search warrant? A. No, we had actually had to make a phone call to

have Mr. Neighbors return to the residence. Q. A. Q. And did he do so? He did. And you did that -- why did you call

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Mr. Neighbors? A. So that we would not have to force entry into the

residence by breaking a door in. Q. door? A. Q. A. Correct. What are we seeing here? This is the back of the residence. This would be All right. So he could come home and unlock the

the southeast corner. where a hot tub is at. Q. A.

That's a fenced in porch area

And that 11:40.25, that's the time? I believe. It would be approximate. I know we

have had instances in the past where somebody neglects to reset the time because of day light savings time. So, it's a possibility it will be -- it might be actually 10:40, I'm not sure, but it's approximate. Q. A. Q. A. Q. All right. It's the morning?

That is correct. Of December the 2nd? Yes, 2005. And is it typical police procedure to film inside

and outside of a -- of a place to be searched? A. Q. A. Yes. Why is that? We just -- we want to note what everything looked

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like when we first got there. Q. A. Q. A. Q. Are you back to the front door now? Yes. Who is doing the actual videotaping? Detective Sean Brown. All right. And was that you reflected in the

glass door immediately behind him? A. Ohman. Q. A. I'm sorry, who? It could have possibly been Detective Dean Ohman. This would be a I can't tell if that was myself or Detective Dean

That's who it kind of looked like.

formal living room area just as you walk into the residence on the left side. What you're seeing now is a

stairway that leads -- that basically, once you enter the entryway of the residence, it leads directly to a second floor of the residence. Q. A. Moving into another room here? This would be another formal type living room or

study area with a desk and piano. Q. This is a room that's also on the front of the

house like the living room? A. Yes, it would be on your right-hand side as you As you proceed around the left side of the

walk in.

stairway, it brings you into a kitchen, living room and

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dining room area, and this would be a half bath. Q. How many bedrooms did this residence have, do you

remember? A. story. Q. The house appears to be well appointed. Would I believe it had four all located on the second

you agree with that? A. Q. Yes, for the most part, yes. Now, are you back in the kitchen area here,

breakfast area; what is this? A. This would -- if you would continue directly on

down the hallway on left side of the stairs, it basically divided into a kitchen, dining room on your left-hand side, and then what I would describe as the living room area on the right-hand side. Q. It doesn't appear that the officers are tearing

through the place at a high rate of speed? A. No, once it's cleared of people that are in

there, the search is slowed down to accurately document how it looked upon our arrival. This will be a utility

room that's behind the kitchen area, umm, leading out -there's the door that leads out into the garage. Q. that? A. It is. Once you activate the auto focus on the It appears to be a little dark in places. Why is

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camera, it tries to gather light.

So, sometimes in a

dark area, it will be dark when it starts with, and then as it tries to re-focus, it will end up with light, umm, especially if we don't go through and flip on all the lights to start with. Q. A. garage. What area are you filming here? We're now in a garage area. No vehicles were parked in. It was a two-car It was full of

items when we got into it. Q. All right. These boxes here, do you know what

was in those boxes? A. Yes, this was cases -- I think approximately

16 cases of new tennis shoes that -- and this one actually has electronics, the ones behind it, these are used electronics. Then you have the cases of shoes.

The cases of shoes all had shipping labels on it, designating them for Asay Sporting Goods in Topeka, Kansas. Q. A. Q. Can you spell Asay please? I believe it's A S A Y. So, there were cartons of new athletic shoes in

the garage? A. I would actually describe them a little more than They were shipping containers that had boxes

cartons.

and boxes and boxes as if they were coming from -- from

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a distributor to the retailer. Q. shoes? A. Q. A. As I recall, there were 16. 16 cartons or 16 pairs? 16 cases of these big cases. What you're seeing Did you count how many boxes of new athletic

now are empty bicycle boxes as if you were shipping or receiving new bicycles. Q. And were you aware that bicycles had been stolen

in the Lawrence area? A. Q. A. Yes. How were you aware of that? We knew that there had been a lot of thefts

occurring at the University of Kansas which sets directly in the middle of Lawrence, and that KU was investigating those thefts. Q. And some of the thefts had actually been reported

to the Lawrence Police Department? A. Q. A. at. Yes. What are we looking at here? This is the back porch area where the hot tub was There was also more boxes out here and several

bicycles. Q. A. What's that? That's a small used generator and a De Walt

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circular saw and drill laying on the floor behind it. Q. But those were not in their original boxes,

correct? A. No, they were not. More empty storage boxes or

shipping boxes. Q. A. And this is on the back porch behind the kitchen? This is on the back porch screened in area at the All right. This is a stairway

back of the residence.

that goes off the living room area that leads down into the basement. It's a full sized unfinished basement

underneath the residence. Q. A. Q. All right. What are we looking at here?

That's a stack of bicycles in the basement. Do you remember how many bicycles you found in

the basement? A. I do not. There were I'm guessing 10 to 12

bicycles stacked as you first entered down there. Several. Q. A. stuff. Can you tell what we're looking at here? It's more -- I would say it's just furniture and They're using the basement basically as a More furniture type items sitting on the

storage area. floor. Q.

Appear to be boxes of things.

Do you know what

those were?

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A.

Yes, there were a lot of older business records

that were kept at the residence; umm, basically business files. Q. And you seized some of those records pursuant to

the search warrant? A. Q. Yes, we did. And was it a review of those records that led you

to the identities of some of the more persistent sellers to Yellow House? A. Q. Yes. In other words, there were checks in there with

names on them? A. There were bank statements that identified

additional accounts, and there were some returned checks, yes. basement. Q. A. What am I looking at there? That is a De Walt 18-volt or 12-volt cordless Some weight lifting equipment in the

drill box. Q. A. Q. Not new in the box itself? No. Treadmill.

Umm, in addition to the cartons of shoes in the

garage and the large number of bicycles in the basement, did you notice or seize any other types of items that were there in large quantities?

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A. Q. A.

Yes. What was that? Umm, once we got to the second story, which

you'll see coming up, we didn't seize anything from down there that wasn't -- there was some additional items that were taken that were later returned, but the bulk of the items that we seized come from the second story which are new in the item boxes, bundles of jeans, items such as that. Q. Would you describe the condition of the bundles

of jeans that you seized? A. They were new kids jeans that were bundled

together with string. Q. A. How do you know they were new? 'Cause they still had the tags on 'em. This

would be a second story bedroom which we believed to be one of their son's, possibly Andrew Neighbors' bedroom. Q. A. Q. A. Nothing unusual in here? No. What's this? This was a bedroom that would be located on the

southeast corner of the residence which appeared to be a small office area with computer. Q. A. Anything unusual in here? No, just appeared to be used as an office.

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Q.

Would it be a fair statement to say that the

Lawrence Police Department films a lot of areas that don't really have any relation to the investigation as it turns out? A. Q. A. Q. Absolutely. So, you film everything? Yes. But doesn't necessarily mean that every room is

going to have something that is relevant to the -- the investigation you're conducting at the time? A. That is correct. It gives protection both to the

defendant and what the residence looked like when we entered and exited, and it also gives protection to the police department on what it looked like when we entered and exited. Now, this is another bedroom that was on

the left side of the stairway as you -- as you got up to the top. It appeared to be some kind of kids' bedroom.

I believe nothing of evidentiary value was taken out of it. Q. about? A. We are. Once we exit this bedroom, we're going We'll be entering what's called -You're still in that bedroom you just talked

to go to the left.

what would be referred to as the master bedroom, or Guy and Carrie Neighbors' bedroom, and then a subsequent

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office that's off -- would be on the very north end of the residence above the garage. Q. And were you able to identify this as the

defendant's bedroom how? A. Upon arriving, we asked Mr. Neighbors, he

directed -- advised us that the office door was locked, but there was a key right there beside the door in their bedroom that would allow us entry in there without forcing entry into that room. Q. A. Q. A. So, he identified it as their bedroom? Yes. Is there much time left on this videotape? There is a little bit, 'cause we're going to

enter a bunch of the evidentiary items that were taken -- were taken from this room and the -- especially the office area that we're going to enter after this room. Q. A. All right. I'm guessing three to five minutes at the most.

This is the master closet, master bedroom, umm, typical walk-in closet with clothes on the left and right-hand side, and then a gun safe in the middle of the closet. Q. A. Or a safe of some kind? Yes. This is entering into that -- to the large Along the south wall,

office off of the master bedroom.

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what you'll see are wire racks with merchandise sitting on them. On the north wall will be the desk area,

computer area. Q. A. yes. Q. here? A. Items that appeared to be for sale. Here are the Bicycles, And you said there were what kind of items on This is the wire rack you were speaking of? These are the wire racks that I was speaking of,

stack of jeans that were bundled together.

shipping boxes, scales, packaging material to send stuff out through postal service, and a computer and records. Q. Appeared to be an area that was used to package

and mail items? A. Q. Correct. And that was immediately adjacent to the

defendant's bedroom? A. Yes, the only entry and exit point to this office

area is directly off the master bedroom. Q. A. And this room when you arrived was locked? Yes, it was. There are two sets of shelves that

run along this, what would be described as the west wall. Q. A. Have we now seen all of the rooms in the house? Except for the master bathroom.

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Q.

Okay.

Did you find anything of value in the

master bathroom? A. I believe there were some new items that were

collected from underneath the sink, but very little. MS. PARKER: turn it off please? Your Honor, at this time may we

Umm, I think we have completed the

video, the portion of the videotape that we intended to play. I have some still photographs that can wait 'til

after lunch if the court would like to take lunch break now. THE COURT: Go ahead and take our lunch Please remember the

break at this time, jury members.

admonition which is that you're not to discuss this with anyone, and no one is to discuss it with you. If I

could have everyone back right around 1 o'clock so we can get started. Thank you.

(11:54 AM, jury left.) THE COURT: Court stands in recess.

(1:15 PM, court and jury returned.) THE COURT: Thank you, members of the jury,

and again, we're getting ready to start our afternoon session. So, please be alert, please be attentive to

everything that's being presented to you as we continue with our trial. We'll take up where we left off, the

government asking questions of this witness.

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Miss Parker. MS. PARKER: BY MS. PARKER: Q. Officer Rantz, you said that the execution of the Thank you, Your Honor.

search warrant, first search warrant at the residence at 1104 Andover was on December the 2nd of 2005, correct? A. Q. That is correct. All right. And we've seen the video, but in

addition to the video, were some still photographs made of some of the items that were seized at that time? A. Q. Yes. All right. I am going to start out asking you to

look at Government's Exhibit 151 and say whether or not that was something that was recovered during that search warrant. A. Q. Yes, it is. All right. And then I'm going to show you

Exhibit 152.1. warrant? A. Q. Yes.

Is that a photograph of the search

Exhibit 152.2, is that also a photograph that was

taken at the search warrant? A. Q. A. Yes. Exhibit 152.3, is it the same? Yes.

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Q.

152.4, is that a photograph from the search

warrant? A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. Yes. 152.5, what's that? Another photograph from the search warrant. Exhibit 153.3, what's that? Another photograph from the search warrant. Exhibit 154.1, what is that? Photograph from the search warrant. 154.2, what is that? Photograph from the search warrant. 154.3, what's that? Photograph from the search warrant. 154.4, what is that? Photograph from the search warrant. And Exhibit 227, what is that? Another photograph from the search warrant. And each and every one of those photographs, do

they fairly and accurately represent items that were identified at the scene of that search on December the 5th? A. Yes. MS. PARKER: Your Honor, at this time the

United States offers Government's Exhibit 151, 152.1, 152.2, 152.3, 152.4, 152.5, 153.3, 154.1, 154.2, 154.3,

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154.4, and 227? THE COURT: MR. DUMA: THE COURT: Any objection? No objection, Your Honor. At this time, as set out on the

record by the government, those exhibits are admitted. MS. PARKER: BY MS. PARKER: Q. Now, Officer Rantz, I'm putting up on the What is the title of Thank you.

overhead Government's Exhibit 151. that document? A.

This is a Jefferson County Sheriff's Department

evidence custody receipt. Q. A. All right. And where did you recover this item?

We recovered it from the basement along with some

additional documents. Q. A. Q. says? All right. That's the basement of the residence?

That is correct. All right. And can you tell the jury what it

It's a little bit light to read on the overhead,

but on the box that's marked nature of the offense, what is that? A. Q. It says burglary, theft. All right. And it has the victim's name,

correct? A. Yes, Dean Willetts (ph).

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Q. A. Q. A. Q.

All right. Yes.

And then it has a suspect's name?

And who was that? Patrick Nieder. All right. And it shows that a certain item of

evidence was recovered from someplace? A. Q. Yes. All right. And does this show where it was

recovered? A. Q. No. All right. But this receipt was in Guy and

Carrie Neighbors' basement? A. Q. A. Q. A. That is correct. And what item was this a receipt for? Craftsman upright air compressor. All right. And why did you seize this item?

It appeared that this is a typical law

enforcement document where if something was recovered from an individual at a pawn shop or business, they would get an evidence copy of the carbon -- there are departments -- this is part of a carbon evidence custody receipt where one of these would be given to the person the item was being seized from. Q. All right. Now, up until this item was seized,

were you familiar with the name of Patrick Nieder as it

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relates to this investigation? A. Q. A. Q. A. Q. Not to this investigation, but another one. All right. Absolutely. And he was listed on that document as a suspect? Yes. All right. Show you Government's Exhibit 152.1. So, this was a name you recognized?

What is depicted in this exhibit? A. These are the Asay Sporting Good shipping boxes

full of shoes that were in the garage at the Neighbors' residence. Q. All right. And then there's -- this looks like a

yellow bicycle? A. Q. A. Q. A. Q. that? A. It's the contents of the -- one of the inside of There is a yellow bicycle, yes. All right. Yes. Did you seize the bicycle? Yes. All right. Show you Government's 152.2. What's Did you seize the shoes?

the shoe boxes. Q. All right. And there appear to be several

different brands of shoes in that shoe box? A. That is correct.

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Q. A. Q. A. Q. that? A. shoes. Q.

Or in that carton? Yes. Were all of the shoes seized? Yes. Show you Government's Exhibit 152.3. What is

It's additional shoe boxes in another case of

All right.

These photographs we've just been

looking at, they're all photographs of different cartons of shoes, correct? A. Q. A. That is correct. All right. Show you 152.4. What's that?

It's the inside contents of another one of the

cases of shoes. Q. And did each of these cases have some kind of a

mailing or a shipping label on them? A. Q. Yes. And were they all being -- was the label the same

person or entity that was supposed to be receiving the shoes? A. Q. Yes, they all said Asay Sporting Goods. All right. And 152.5, is this a different carton

of shoes? A. Yes.

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Q. that? A.

Show you Government's Exhibit 153.3.

What's

Umm, specifically, what we're photographing were

the two new ceiling fans in boxes. Q. Those are the -- there's a blue box and a kind of

a gray or a silver box? A. Q. Yes. All right. And then in front of it and on top of

it, were those new or used items? A. Q. items? A. Q. A. Q. A. No. Did you seize the fans? Yes. Why? We were all ready working under the assumption -Those were used items. All right. Did you seize either of those used

or based on the information that we'd received from Carrie Neighbors, we knew she was getting new in the box items along with the shoes. We knew she was also being

able to get items from an alleged truck driver who was able to get stock off -- off of tractor trailers. Q. Based on what she had told you in that last sale

you made to her? A. Yes.

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Q.

All right.

Show you Government's Exhibit 154.1.

What's that? A. It's a Trek mountain bike that was on the back

porch of the residence. Q. A. Q. A. Q. Did you seize that? Yes. Why? It was stolen from an individual in Lawrence. All right. Was it eventually returned to the

rightful owner? A. Q. A. Q. A. Yes, it was. By the police? Yes. Show you Exhibit 154.2. What's that?

That's another Trek mountain bike that was in the

garage that was also reported stolen in Lawrence. Q. All right. Is this the one that was -- you could

see the front end of it in the earlier picture of the shoes? A. Q. A. Yes. Or is this a different one? No, this is the one that was up against the shoe

boxes in the garage. Q. All right. And were you able to locate the

rightful owner of this bicycle?

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A. Q. A. Q. A. Q.

Yes, we were. And was it returned? Yes, it was. Again, by the Lawrence Police Department? Yes. How were you able to determine that the bike was

stolen and who the owner was? A. Officer Bialek went through a series of police

reports plus a list of bikes that had been reported stolen from KU during a period of time when they were investigating bike thefts. Q. And on any of these stolen bikes, if someone had

been interested in determining whether or not a bicycle they wanted to buy was stolen, could they have called and inquired of the police department whether or not there was a report of a bike with that serial number being stolen? A. Q. A. Q. Yes. Would the police department have told them that? Yes. Going to show you Government's Exhibit 154.3.

What is that a picture of? A. This is another Trek mountain bike that was in

the second story office off the master bedroom. Q. Well, I'm looking at 154.3 which has a whole slew

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of bikes in it. A. Oh, I'm sorry. I'm sorry, yes, I'd moved on.

Sorry about that.

It's -- 154.3 is a stack of bicycles,

mostly mountain bikes that were in the basement of the residence. Q. A. Q. All right. And were any of those seized?

Yes, they were. All right. Were they -- of those identified,

were the owners of any of those bicycles identified, the previous owners? A. Q. A. Q. were? A. I can't recall if it was two or three. That was Yes. All right. And if they were, were they returned?

Yes, they were. Do you know how many of those bikes in that stack

handled by Officer Bialek. Q. Going to show you Government's Exhibit 154.4.

What is that? A. It's another Trek mountain bike, second story

office off the master bedroom. Q. A. Q. All right. Yes, we did. All right. Were you able to determine whether or And did you seize that bicycle?

not it was stolen?

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A. Q. A. Q.

Yes. And was it? Yes. Was it also returned by the Lawrence Police

Department to its rightful owner? A. Q. Yes. All right. And I think you've said it, but I'll

ask you.

You knew it was stolen based upon information

in the police department records reporting the bicycles to be stolen? A. Not just Lawrence Police Department but

University of Kansas also. Q. All right. Finally, show you Government's What's

Exhibit 227.

What is Government's Exhibit 227?

depicted in there? A. It's a stack of kids jeans that are all banded

together. Q. All right. And where was this stack of jeans

recovered from? A. It was among the wire racks that are on the south

wall of the office just off the master bedroom. Q. And how could you tell -- probably fairly obvious

in the picture, but would you describe what we see in the picture that lets you know that these were brand new jeans?

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A.

They still had the tags and size and stickers

still attached to them. Q. jeans? A. Q. A. Yes. You knew that by the size on the labels? Yes, on the label you can see that's sticking out All right. And you said these were children's

from the middle one, it says 4 T, which is 4 toddler. Q. A. Q. A. Q. And you seized those? Yes, we did. Now, were you able to return those jeans? I don't recall. All right. I don't think so.

That would be because there was no

identification for the merchant or the vendor who had those to begin with? A. Q. The specific retailer, yes. Now, you've also testified that you seized some

documents, correct? A. Q. A. Q. That is correct. And those included bank records? That is correct. And in the course of the investigation, the other

bank records were obtained from banks and financial institutions relating to the accounts that Inspector Nitz testified about, correct?

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A. Q.

That is correct. And I'm going to hand you what has been received

into evidence as Government's Exhibit 242 which is identified as copies of checks that were written back and forth between the Yellow House accounts. that? A. Q. Yes. And if you would go to, first of all, the second Do you see

summary page, there is one complete page of information about the contents of this, and then there's a summary page that has a total of the amount of money that was exchanged by check between the various Yellow House accounts, correct? A. Q. That is correct. And how much -- how much in the way of dollars Do you see there at the bottom a

went back and forth? total? A. Q. A. Q. Yes. What is that?

On the bottom of Page 2, it is $20,902. And then going to the first check in that

booklet, do you see that, that's Check 1024? A. Q. Yes. All right. And do you recognize the signature on

that check?

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A. Q. A. Q. A. Q. A. Q. A. Q.

Yes. Whose is it? Guy Neighbors. All right. $655. All right. 2/4 of 2004. All right. Early in the year of 2004? And it was written on what date? And it's a check for how much money?

That is correct. Now, there's a list of things there in the for Can you read that? Says tools, welder, De Walt impact wrench,

section. A.

Yes.

coffee maker. Q. And does that appear to be a list of the items

that Guy Neighbors is purchasing from the Yellow House in Lawrence? A. Q. A. Q. That is correct. All right. Correct. The next page, and we're not going to go through And it says Yellow House, Lawrence?

each and every one of these, but just so we get an idea of how this worked. On February the 10th of 2004, Check

Number 1057, who wrote that check? A. Q. Guy Neighbors. All right. And who did he write it to?

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A. Q. store? A. Q. store? A. Q.

The Yellow House Store in Lawrence. All right. And Guy Neighbors ran the Topeka

That is correct. And his wife Carrie Neighbors ran the Lawrence

That is correct. And what does Guy Neighbors list here indicating

what this check was written for? A. It has a Milwaukee, and I'm not sure what for a

hundred dollars, two De Walt tools for $240, nailer, 38 P or 38-piece tool set for 150 and then a router for a hundred. Q. All right. So, he lists the prices that he's

paying to the Yellow House Store in Lawrence to buy items from the Yellow House Lawrence store? A. Q. That is correct. All right. Now, I'm going to go all the way to

the -- about halfway through, and I'm looking now at a check that's dated 10/1 of '04. And it is -- doesn't But it's an

appear to have a check number on it. Intrust Bank check. A. Q. A. Yes. All right.

And that was again written by whom?

Guy Neighbors.

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Q. A. Q. A. Q. A. Q.

All right. Yes.

And it's on October 1st of 2004?

And how much is that check written for? $125. And what's he buying? A Gary Fisher bike and tools. Then if you go to the next page, who wrote the

next check? A. Q. A. Q. A. Q. A. Carrie Neighbors. What date? 10/6 of '04. And how much was that check for? $475. And what does it appear to be for? It says, pay to the order of Yellow House,

Lawrence for merchandise. Q. All right. So, Carrie Neighbors appears to be

using a Professional Delivery Services, Incorporated check to buy merchandise from Yellow House, Lawrence? A. Q. That's what it would appear, yes. All right. And what is Professional Delivery

Services, Incorporated? A. That was the other business that her husband had.

That's what it said on the side of his vehicle door. Q. All right. So, she appears to be using Guy

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Neighbors -- a business account that is primarily run by Guy Neighbors to buy items from her store? A. Q. She appears to be doing that, yes. The next check, Check Number 1153 dated October

the 11th of '04, who signed that check? A. Q. A. Q. Carrie Neighbors. All right. And who was that written to?

Yellow House, Lawrence. And that again is the Professional Delivery

Services check? A. Q. A. Q. Yes. And what does this indicate this check is for? Tools. Again, Carrie Neighbors using Guy's account that

she has signatory authority over to buy things from the Lawrence store? A. Q. that? A. jeans. Q. All right. And that again is on the Professional It's a purchase showing $80, Yellow House for Yes. Next check, 10/25 of '04, Check 1158, what's

Delivery Services account? A. Q. Yes. Another check, Professional Delivery Services

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account in the amount of $350. A. Q. House? A. Q. A. Q. Yes.

What's that for?

Says saxophone and shirts. All right. And that was just written to Yellow

On the Professional Delivery Services account? Yes. So, just based on the few checks we've looked at

here, there appears to be a co-mingling of the funds and the merchandise between the Yellow House stores and Guy Neighbors' delivery services accounts? A. Q. Yes. All right. Now, after you obtained records like

that, were you able to identify some other suspects or at least potential witnesses you wanted to talk to in this case? A. Yes. Miss Parker, there were some additional There were actual

items for the search warrant.

physical items that we were going to present. Q. A. There were? They're on the bottom of the cart. They're

physical items, not folders. Q. A. Q. The two fans? Two fans and a camera. Those of us on this side got confused. I'm going

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to it. MS. PARKER: come down to the items? them up there. THE COURT: MS. PARKER: BY MS. PARKER: Q. 153.1. A. Officer Rantz, I'm showing you what's been marked Can you identify that? Yes, this is the Chatham fan that was setting in Yes. Thank you. Your Honor, may the witness It might be easier than putting

the garage we saw a picture of earlier on one of the other exhibits. Q. that? A. This was a ceiling fan that was setting directly All right. Government's Exhibit 153.2, what is

beside this one. Q. that? A. This is a Samsung digital camera that was Along the east wall This item was on All right. And show you Exhibit 234. What is

recovered from the master bedroom. of the master bedroom was a dresser. it.

It is an item that I sold to Miss Neighbors at

Yellow House during undercover sale number five. MS. PARKER: At this time, Your Honor, the

government offers Exhibits 153.1, 153.2, and 234.

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THE COURT: MR. DUMA: THE COURT:

Any objection? No objections, Your Honor. At this time the court admits

Exhibits 153.1, 153.2, and 234. BY MS. PARKER: Q. A. Now, why did you seize the two ceiling fans? Again, they were new in the box items. They were

-- later, one of the fans specifically was identified by one of our cooperators as something he had stolen. Q. A. But at the time you didn't know that? I did not know that it was new in the box

merchandise. Q. You had -- all right. And the Samsung camera,

you've all ready identified that as an item that you had sold to Carrie Neighbors? A. Q. Umm, that is correct. All right. And you remember which sale you made

that gave her that camera in? A. Q. Undercover sale number five. Number five. And were there any changes made to

that box, that Samsung box, or still pretty much the way that you sold it to her? A. Q. A. No, it still appeared new in the box. All right. No. And no labels removed or anything?

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Q.

All right.

Now, after -- have we completed all

of the items that need to be referred to as it relates to the search warrant? A. Q. Yes, ma'am. All right. So, what did you do next after

collecting these items? A. After getting the checks and beginning to process

the names of the individuals who were repeat customers, we began identifying people to interview or investigate to continue on with the investigation. Q. And let me go back here and get what's all ready

been received as Government's Exhibit 130, and ask you if Exhibit 130 depicts some of the people that you identified as being candidates that -- for -- at least for interviews? A. Q. Interviews, yes. All right. And you identified them from the

records mostly of Carrie Neighbors? A. Q. Yes. All right. Except for Wesley Bateson and Marcus

Crawford? A. Q. That is correct. All right. Now, on that, Exhibit 130 is a Do you see

picture of a gentleman named Lewis Parsons. him?

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A. Q. right.

Yes, ma'am. Could you use your laser pointer and -- all Did you have contact with Lewis Parsons after

you identified him as a potential witness or at least someone who may know something about stolen property? A. Q. Yes, I did. And what was the nature of your contact with

Lewis Parsons? A. I worked an undercover operation on Mr. Parsons

to begin buying tools, specifically De Walt tools and electronics that were consistent with what he was selling to Yellow House. Q. All right. And were you able to -- first of all,

what did the checks that were written to Mr. Parsons indicate about the type of equipment or items he was selling to the Yellow House? A. Q. A. Q. Tools. All right. And any particular kind of tools?

Specifically, De Walt tools and Husky tools. All right. And when you contacted Mr. Parsons,

what did you say to him? A. When I first met Mr. Parsons, we had a phone I told him that I was interested in During the course of

conversation.

buying tools among other things.

the investigation, we did several undercover operations

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where I went to his residence in Ottawa, Kansas and bought new De Walt tool sets among other things, noting that the condition of the tools were consistent with what we had all ready seized from the Yellow House. Q. And did you then -- how many tool sets did you

purchase from Mr. Parsons? A. Q. A. Q. Two. All right. Yes, I did. All right. And I believe they are being brought These And did you put those in property?

into the courthouse -- I mean into the courtroom. tool sets are -- are they large and heavy? A. Q. Yes. All right.

So, takes more than one person to

bring in two sets? A. If he's strong enough, he can carry both sets.

If he's not able to, we'll tease him later. MS. PARKER: May the witness again leave the

witness chair to come and identify these items? THE COURT: BY MS. PARKER: Q. What is the exhibit number on that tool set? Let Yes.

me take this stuff. is that right? A.

The first one you put up is 148.2,

That is correct.

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Q.

And the second one you've put up is

Exhibit 148.1? A. Q. That is correct. And these you recovered in the course of this

investigation from Lewis Parsons? A. I actually purchased these directly from

Mr. Parsons. MS. PARKER: Your Honor, at this time

government offers Government's Exhibits 148.1 and 148.2. THE COURT: MR. DUMA: THE COURT: Any objection? No objections, Your Honor. At this time the court admits

Exhibits 148.1 and 148.2. BY MS. PARKER: Q. A. You can take -Do you want me to talk about the boxes and the

conditions of them from here? Q. A. Q. Do you have your laser pointer? I can. You can't reach. Okay then, probably it would be

better to stand there, and I think that the only way that the jury is going to be able to see what you're talking about is to set it up there. then turn it slightly. this? All right. And

Can everyone see the front of All right. You

I see from the heads, they can.

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want to talk about this area here that appears to have something removed? A. This area, yes, there are basically three areas This one had a shipping label that would have

on here.

normally been attached to it designating the store, it would have went to -- the small square here would have been a security device that had been removed from it, and then this would actually be the UPC code for the item. As I was buying these from Mr. Parsons, I

immediately noticed that these items were all ready missing from the boxes when I picked them up from his house. Q. And what is -- why would someone remove -- well, What happens to the police

let me rephrase that.

department's ability to trace back to the source of an item if those kinds of stickers and identifying markers are removed? A. We're not able to track these to a specific

store, which means we can't go back and try to obtain video showing when this item might have been taken or who it might be taken by. Q. And is removal of those types of stickers and

labels consistent with someone trying to disguise the location where this may have been obtained? A. Yes, it is.

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Q.

All right.

Now on Exhibit 148.2, did the same

thing occur? A. Yes, again, here was -- would have been shipping The UPC code

labels specific to where this was going.

would have been here and the security tag would have been here. Q. All right. Have you put that back down. Did

you -- did you make any request of Mr. Parsons after you purchased those from him with those labels missing? A. Yes. During the undercover operation, I actually

requested from Mr. Parsons that if I was going to be buying these from him, that he leave the tags on there, because the scheme that I was portraying at the time is that I had a friend who worked at Home Depot, and I could get full refund value for the items if he just left the tags on there so that I could return them to a Home Depot store. Q. A. Q. A. Did you ever buy any more items from him? I did buy additional items, yes. And did they have the UPC codes on them? The other ones were electronics, and some

firearms. Q. A. Q. All right. No. All right. And then Mr. Parsons ultimately None of those had UPC codes on them?

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agreed to be a cooperating witness in this case? A. Q. Yes. But he was charged in federal court with his --

for his participation in this scheme? A. Q. Yes. All right. Now, are you familiar with an

individual, a cooperating witness named Joey Cadenhead? A. Q. Yes, I am. And how did you become aware that Joey Cadenhead

might be someone that you would want to speak to about this investigation? A. On June 6, 2006, among -- not only did we have

the undercover stuff that had ended and the interviews that were going on, we were still continuing to collect trash from the business behind Yellow House so that we could track documents, eBay documents, whether or not it looked like they were still doing the same type of thing that they were doing when we investigated them on the state case. It gave us information about who they were

dealing with, if checks were torn up, or if they had eBay documents, whether they had changed eBay names; we just continued to track business operations through their business trash. Q. All right. And let me show you what has been Is this -- are

marked as Government's Exhibit 144.

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these items that were recovered from one of the trash pulls? A. Q. that? A. Q. A. Q. A. All right. 144 is -Yes. And show you Government's Exhibit 145. What is

Well, now, I haven't introduced it yet please. Oh, I thought you asked me what it was. No, I asked you about 145. What is 145?

145 is a shipping label from a box that had been

removed that was recovered from the trash. MS. PARKER: Your Honor, at this time United

States offers Government's Exhibits 144 and 145. THE COURT: MR. DUMA: THE COURT: Exhibit 144 and 145. BY MS. PARKER: Q. Now I'm going to put up on the overhead Any objection? No objection. At this time the court admits

Government's Exhibit 144, and would you describe for the jury what is in that exhibit you have there in this sleeve? A. These are a series of yellow sticky notes with

eBay item numbers written on them along with a brief word or description of what the item is.

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Q.

All right.

And why did you feel these were

significant to take out of the trash? A. Because we'd identified during the first search

warrant that she was using the sticky notes to place on items she was selling on eBay as a tracking system to identify the item. Q. All right. Some of these, like this one in the

middle could be a phone number, correct, or is it that she is selling a phone and this is the item number? A. I would contend this is a phone that she is

selling and that is the item number. Q. A. Q. A. And what was the date of this trash pull? May 23rd, 2006. Show you Government's Exhibit 145. What is that?

This is the shipping label that we recovered from

the business trash on June 6th, 2006. Q. A. Q. All right. And it appears to be torn?

Yes, it's been torn from a box. All right. And what was significant to you about

this label? A. When we pulled this, based on these eBay item

numbers, we were able to identify what seller name they were using at that time which was Flatlander 645. Q. Was that a different seller name than you had

known them to use in the past?

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A. Q. A.

Yes. All right. Then in conjunction with the label, what we were This label

able to do is go on the Flatlander 645 site.

specifically lists a vacuum, and we were able to pull up on there that there was a Dyson vacuum cleaner listed on the Flatlander 645 site for sale. Q. I'm going to show you Government's Exhibit 139.

What is that? A. Q. It is a DC 14 Dyson vacuum cleaner. All right. And is that a photograph of the site

you just testified about? A. Q. Yes, Flatlander 645. All right. MS. PARKER: At this time the United States

offers Government's Exhibit 139. THE COURT: MR. DUMA: THE COURT: Exhibit 139. BY MS. PARKER: Q. All right. Now, up on the overhead is an Any objection? No objection, Your Honor. At this time the court admits

advertise -- or an eBay screen for a purple Dyson DC 14 upright animal vacuum. A. Yes. Do you see that?

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Q.

All right.

And up here beneath the seller shows

the seller as Flatlander? A. It should say 645, but the way the margins are

set up on the paper, you can't see the five. Q. And because you had recovered the Dyson vacuum

label from the Neighbors' residence trash, was it residence or business trash? A. Q. Business trash. From the business trash, did you make a

connection? A. Q. Yes. All right. And after seeing this purple Dyson

vacuum cleaner on the eBay site, what did you do? A. We began tracking the label through retailers to

see where this Dyson vacuum cleaner had originally come from. Q. All right. And that is this label that we've --

you've previously talked about that's shown in 145? A. Q. That is correct. All right. And how -- it's kind of obscured by

the evidence envelope, but what was it on this label that allowed you to track it back? A. In the right-hand corner you see 330, above that

is Lawrence, that's part of the tag, we were able to take this to Kohl's Department Store, and they were able

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to confirm that this would have been a shipping label from their distribution center. Q. All right. And it was a shipping label for a

Dyson vacuum cleaner? A. Q. Yes, it was. All right. So, after you tracked it back to

Kohl's, what did you do next? A. I spoke with them. They said they were actually

investigating the theft of a Dyson vacuum cleaner, and were able to show me video of the subject who they had on video stealing the Dyson vacuum. Q. Going to show you what has been marked as

Government's Exhibit 150. A. Q. A. Yes. Recognize that? What is that?

This is the bulk of exhibits of the still shot

photos that we were able to get from the eight-millimeter or the VHS video that was shot at Kohl's showing the suspect and the Dyson vacuum cleaner. Q. The Lawrence Police Department was able to take

that video and reduce some of them to just still photos? A. Q. That is correct. All right. MS. PARKER: Your Honor, at this time United

States offers Government's Exhibit 150.

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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 150.

THE COURT: MR. DUMA: THE COURT:

Any objection? No objection, Your Honor. At this time the court admits

BY MS. PARKER: Q. Now, the photographs have been broken out and

individually numbered 150.1 through 150.5, correct? A. Q. That is correct. All right. MS. PARKER: And the government would go That

ahead and offer these for identification purposes.

would be Exhibits 150.1, 150.2, 150.3, 150.4, and 150.5. THE COURT: MR. DUMA: THE COURT: Any objections? No objections. At this time the court does

admit those Exhibits 150.1 through 150.5. BY MS. PARKER: Q. All right. Now I'm going to put up on the What does this

overhead Government's Exhibit 150.1. picture show? A. Q. A. Q.

This is a picture of Joey Cadenhead. Did you know Joey Cadenhead before this time? No. So, when you looked at this, you didn't know at

that time who he was?

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A. Q.

That is correct. All right. Show you Government's Exhibit 150.2.

What's that? A. That's another still shot photo of Joey

Cadenhead. Q. A. All right. Showing Exhibit 150.3, what's that?

This is a picture of Joey Cadenhead loading the

Dyson vacuum cleaner into the back of a trunk of a car. Q. All right. And is this a picture that was taken

in the Kohl's parking lot? A. Q. A. Q. A. Yes, it is. Which Kohl's store? The Kohl's store in Lawrence. Showing you 150.4. Another picture of Mr. Cadenhead loading the

vacuum cleaner. Q. And Mr. Cadenhead presented a rather unique

appearance at that time, did he not? A. Q. Yes, he did. All right. And would it be fair to say he was

either wearing a bathing cap or he had his head shaved? A. Q. A. Q. Yes. All right. His head was shaved. All right. And facial hair?

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A. Q. that? A. vacuum. Q.

He had a goatee. Then finally show you picture 150.5. What is

This is Mr. Cadenhead driving away with the

Now, after you received these photographs and the

information from Kohl's, what did you do next? A. I actually learned through the police department

that there were other investigations going on in Lawrence involving Mr. Cadenhead shoplifting items. Q. All right. And so, when you learned that, what

did you do? A. I conducted an interview with him, but at the

same time, I was also -- now that I had confirmed that the vacuum cleaner was stolen, I was in the process of trying to buy it back off the Flatlander 645 site. Q. All right. Let me show you what's been marked as

Exhibit 140 and ask you if you can identify that. A. Yes, this is the e-mail correspondence showing

the purchase of the Dyson vacuum cleaner from Michael Coffman at his e-mail mjroadkill@yahoo.com. Q. All right. And show you Government's

Exhibit 142. envelope? A.

Can you identify the contents of that

Yes, this is a credit card receipt, a statement

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written out to Bill Wallace, my eBay undercover name, and then the shipping labels where the vacuum cleaner was sent to me. Q. All right. MS. PARKER: Your Honor, at this time

government offers Exhibits 140 and 142. THE COURT: MR. DUMA: THE COURT: Exhibits 140 and 142. BY MS. PARKER: Q. All right. Officer Rantz, I have put on the This is the usual Any objection? No objection, Your Honor. At this time court admits

overhead Government's Exhibit 140.

hotmail receipt for a successful purchase on eBay? A. Q. A. Q. A. Q. A. Q. A. Q. Yes. And this message comes from whom? Michael Coffman. And what address is he using? Mjroadkill@yahoo.com. All right. And it's sent to you?

B Wallace, Junior, which is me, yes. Which is your undercover purchaser name? That is correct. All right. And that just basically acknowledges

that you are the successful bidder of a purple Dyson 14

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upright animal vacuum? A. Q. A. Q. Yes. Do you remember what you paid for it? Umm -Well, I'll tell you what. Let me put up on the

overhead -A. Q. The receipt. -- Government's Exhibit 142. Now, there are two

pages here, correct? A. Q. Yes. All right. And these photographs here are fair

and accurate copies of what's in that envelope there that's marked 142? A. Q. Yes. All right. Now, up here there is a -- looks like

a cash register receipt, and it says what? A. Q. Yellow House Store, 1904 Mass. All right. And how much -- does that show how

much you paid for that vacuum cleaner and postage? A. Q. A. Q. Yes. How much? $505. All right. Then there is a yellow statement next

to that. A.

What's that?

That's showing it was for a Dyson vacuum cleaner

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with the eBay number and then my credit card information at the bottom. Q. All right. And is this the eBay number that I'm

pointing to here? A. Q. A. Q. Yes. That 4468 number? Yes. All right. And where did you get the yellow

statement? A. Q. It came in my box that the vacuum cleaner was in. And then down in the corner, it's looks like some What's that?

labels on a piece of cardboard. A.

That's just another shipping label that was on

the outside of the box. Q. A. Q. A. Q. A. And that's being sent to Bill Wallace? Yes. And is that again being sent to the safe house? Yes. Finally, there's a larger label. What's that?

That's the shipping label that was on the outside

of the box showing it was from Carrie Neighbors at Yellow House, 1904 Massachusetts. Q. All right. And it was again shipped to Bill

Wallace? A. Yes.

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Q.

All right.

When you purchased this Dyson vacuum

cleaner, did you have any conversation with Carrie Neighbors about it? A. Q. Yes, I did. All right. Would you tell the jury how that

conversation took place? A. In an attempt to tie Flatlander 645 directly to

Yellow House, I called the store to actually purchase the Dyson vacuum cleaner by giving my credit card number to her directly over the phone. Q. A. Q. And did you record that telephone conversation? Yes, I did. All right. Going to show you what's been marked What is that?

as Government's Exhibit 141. A.

This is the recording of the conversation between

Miss Neighbors and I reference the Flatlander 645 purchase. Q. A. Q. And that's only an audio recording, correct? Yes, 'cause it's just a phone call. All right. And then show you Government's What's that?

Exhibit 141 T R. A. Q.

That is a transcript of the recorded call. All right. And have you reviewed both the CD or

the recording of the conversation and the transcript of that conversation?

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A. Q.

Yes, I have. And are both fair -- both of them fair and

accurate representations of what happened during that phone call? A. Q. Yes. All right. MS. PARKER: Your Honor, at this time

government offers Government's Exhibit 141 and 141 T R. MR. DUMA: THE COURT: Exhibit 141 and 141 T R. MS. PARKER: And with the court's No objections. At this time the court admits

permission, may we play this? THE COURT: Yes.

(Exhibit being played.) BY MS. PARKER: Q. call? A. Q. A. A little bit, yes. Why was that? Having dealt with her undercover five or Fair to say you disguised your voice during that

six months earlier, I didn't want to compromise that I was buying something off -- off eBay from her, since I was at that point known to be investigating her. Q. And now, I think you testified that you purchased

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the vacuum, the purple Dyson vacuum cleaner? A. Q. That is correct. And you retained that in the evidence room at the

Lawrence Police Department? A. Q. Yes. Okay. Agent Nitz is showing you what has been Do you recognize that?

marked Government's Exhibit 143. A. Q. A. Yes. What is it?

It's the purple Dyson vacuum cleaner, DC 14 that

I purchased on eBay. MS. PARKER: Your Honor, at this time

government offers Government's Exhibit 143. THE COURT: MR. DUMA: THE COURT: Exhibit 143. BY MS. PARKER: Q. Now, looking at Government's Exhibit 143, was Any objection? No, Your Honor. At this time court admits

there anything of any note that you saw on that box when you received it? A. Yes, I actually noticed it initially on the eBay

posting on the front of the box, the label had been peeled off the front, but then also on the side of it, the other shipping label had been peeled off.

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Q. labels? A. Q.

Were you able to -- ever able to match up any

Yes. All right. MS. PARKER: Your Honor, may the witness

again leave the witness stand to demonstrate this? THE COURT: BY MS. PARKER: Q. A. Q. Do you have the label that you peeled off? I do. Not that peeled off but that you recovered. Turn Yes.

it so that the jury can see. A. On the side of the box here, you can see the This label ended up matching up

outline of the label.

on to here showing the item from here. Q. And this label is the one you got in the

business -- at the business trash pull? A. Q. That is correct. All right. And again, what effect does the

removal of that label have on anybody who's trying to trace that back to the original owner? A. It just hinders where -- identifying where this

item specifically came from. Q. Now, the part of the label that remains clearly

shows it's a Kohl's item, correct?

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A.

It does, but it -- but on here, it designates it

as a Kohl's distribution center, when this label number 330 actually designates that to a specific store. Q. All right. So, if someone were looking for a

vacuum cleaner that had been stolen from a Kohl's Department Store in Lawrence as this one had, removing that portion of the label would not have allowed somebody to trace it back there? A. Q. That is correct. Now, after you completed your purchase of the

Dyson -- the purple Dyson that had been stolen from Kohl's, did you actually make contact with the bald headed guy in the pictures? A. Q. A. Mr. Cadenhead, yes. How did you do that? Patrol officers in conjunction with officers from

-- loss prevention officers from Westlake Hardware located Joey Cadenhead at a trailer park in Lawrence. Q. All right. And they located him based upon the

descriptions and the pictures that you -- the police department had developed of him? A. Q. Yes. All right. And did you interview Joey Cadenhead

yourself? A. Yes, I did.

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Q.

All right.

Now, we can't go into what he told

you, but after you interviewed him, were you satisfied that he had information relevant to the investigation at the Yellow House? A. Q. Yes. All right. And did you make any offers to him to

get him to cooperate? A. Yes, we agreed to not pursue the misdemeanor

cases, the shoplifting cases that we knew about in Lawrence, in return that he sign up as a cooperating informant and go to work for law enforcement. Q. Okay. Why do you say that you agreed not to

pursue the misdemeanor cases that you had against him in Lawrence? A. Right. At the time, that's all we had were the

misdemeanor shopliftings that we all ready had him linked to. Later, I talked with the US attorney's

office and agreed -- we agreed because of his cooperation not to pursue federal charges in the conspiracy also. Q. So again, another witness that in this case you

agreed to forgo charges at the state level for misdemeanor altogether, correct? A. Q. Yes. And then not to use his statements against him as

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it would have related to his involvement in the federal case? A. Q. That is correct. All right. And then did you reach a formal

agreement with him? A. Yes, he was signed to a cooperating individual or

CI contract. Q. All right. Show you Government's Exhibit 146.

What is that? A. That is our standard CI contract that the

Lawrence/Douglas County drug enforcement uses. Q. A. Q. A. Q. All right. Yes, he did. And did anyone else sign that? I did. And what was the date that you and Joey Cadenhead And did Joey Cadenhead sign that?

reached this confidential informant agreement? A. June 13th, 2006. MS. PARKER: Your Honor, at this time

government offers Government's Exhibit 146. THE COURT: MR. DUMA: THE COURT: Exhibit 146. BY MS. PARKER: Any objection? No objection. At this time the court admits

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Q.

I'm going to put up on the overhead Government's

Exhibit 146, and would you just kind of summarize the highlights of the -- the agreement, what Joey Cadenhead agreed to do and what did you agree to do? A. Yes. Basically, we asked him in number one to

specifically work with law enforcement on an investigation involving Yellow House and the Neighbors. Basically spelled out what he was required to do while working with us. Q. A. All right. Anything else?

Umm, it just spells out what -- that he can't be

involved in criminal activity, that he's not a paid employee. It goes through a whole series of things

throughout the contract that he can't do as -- while he's participating with law enforcement. Q. And is this the standard CI contract that the

Lawrence Police Department enters into in situations like this? A. Q. Yes, with our informants, yes. All right. And then after reaching this

agreement with you and the Lawrence Police Department, did you ask Joey Cadenhead to do anything? A. Q. A. Yes. What did you ask him to do? On June 14th, we asked him to take a Dyson vacuum

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cleaner into Yellow House in Lawrence and sell it for us. Q. All right. Was Mr. Cadenhead equipped with any

kind of recording devices when he went into the Yellow House? A. Yes, what we used with our informant, obviously, There was no place to hide

it was the middle of summer. a body camera.

What we did do, though, is wire him up

with a transmitter recorder, so, not only does it record the digital information that the mic picks up, it also transmits a -- the sound out and the conversation out to me as his controller or handler that I would be able to hear exactly what the conversation is that's going on inside. Q. So, you're able to hear whatever is being picked

up on that microphone from a remote location? A. Q. A. That is correct. All right. And why do you do that? Not only we're worried

It's a safety issue.

about his safety or anything else that might go on in there, I don't want him to go in there and threaten, buy this or I'm going to shoot you or anything else, because we want to know exactly what is being said while he's in there. Q. Now, let me show you what has been marked as

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Government's Exhibit CI 1.1 and CI 1.1 T R. recognize both of those exhibits? A.

Do you

Yes, this is a CD of CI sale one on June 14th and

this is -- and this is CI 1.1 T R is the transcript of that sale. Q. All right. Now, you are not heard on this

transcript as part of the conversation, correct? A. That is correct. Except initially, I'll do the

lead-in of what's going on. Q. But when Joey Cadenhead and Carrie Neighbors

start to talk, you're not in the room, you're not participating in that conversation? A. Q. I'm not in the conversation, no. But you can hear it contemporaneously with when

the conversation occurs? A. Q. I can hear it real time, yes. And based upon your observation of -- by audio of

that conversation, is Exhibit CI 1.1 and the transcript that goes with it, are they fair and accurate representations of what occurred during Joey Cadenhead's first conversation that was recorded with Carrie Neighbors? A. Yes. MS. PARKER: Your Honor, at this time

government offers CI Exhibit 1.1.

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THE COURT: MR. DUMA: THE COURT:

Any objection to CI 1.1? No, Your Honor. Were you also -- I don't know if

you've identified the other one. MS. PARKER: Oh, and CI 1.1 T R, we're also

offering that at the same time. THE COURT: MR. DUMA: THE COURT: Any objection to that exhibit? No, Your Honor. At this time the court admits

Exhibits CI 1.1 and CI 1.1 T R. MS. PARKER: And we anticipate publishing

those to the jury through a later witness. BY MS. PARKER: Q. that? A. This is a picture of the Dyson vacuum cleaner Show you Government's Exhibit CI 1.2. What is

that we sent in with the -- it's a DC 15 that we sent in with the informant. Q. that? A. This is an eBay posting of the DC 15 Dyson on Show you Government's Exhibit CI 1.4. What's

Flatlander 645. Q. Show you Government's CI 1.5 and ask you if you

can identify that? A. This is the Yellow House Quality Appliance check

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that was issued to Joe Cadenhead on 6/14/06 in the amount of $285. MS. PARKER: Your Honor, at this time the

United States offers Government's Exhibits CI 1.2, CI 1.4, and CI 1.5. THE COURT: MR. DUMA: THE COURT: admitted. BY MS. PARKER: Q. Now, Officer Rantz, I'd like to direct your What is that Any objections? No objections, Your Honor. At this time, those exhibits are

attention to Government's Exhibit CI 1.2. a photograph of? A.

That's a digital photo of a Dyson vacuum cleaner

that we sent with the informant. Q. All right. And where did you get this Dyson

vacuum cleaner to send in with Joey Cadenhead? A. Q. A. Q. that? A. That's the posting of the Dyson DC 15 on the From the Target Corporation. All right. Yes. Show you Government's Exhibit CI 1.4. What is Again, another new in the box item?

Flatlander 645 eBay seller name. Q. And what date did Joey Cadenhead sell that vacuum

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cleaner to Carrie Neighbors? A. Q. On June 14th. All right. And what date was the eBay auction

started, can you tell? A. Not on this one, but let me look here. I don't

see the post date.

But I can tell you that this print So, it's all ready

was made on 6/14/06, the same day. posted when I print this off. Q.

And down here in the corner, it shows '06 slash

14 slash 2006 which is consistent with the date you printed this off? A. Q. That is correct. And you said that's the date that you actual--

that Joey Cadenhead sold this vacuum cleaner to Carrie Neighbors? A. Q. A. Yes. Show you CI 1.5. What is this?

This is a copy of the check that was written to

Joey Cadenhead on 6/14/06. Q. All right. And do you recognize the signature on

that check? A. Q. A. Q. Yes. Whose signature is it? Carrie Neighbors. And what did Carrie Neighbors put in the -- or

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did someone put in the memo portion? A. Q. A. Q. A. Q. A. Q. A. Q. A. Vacuum. All right. Yes. All right. Where did you get this check? And the payee is Joey Cadenhead?

From Joey Cadenhead. When? Directly after the CI sale. Did you -- did you buy that vacuum cleaner back? I tried. What happened? The item was posted on a buy it now price.

Before I could get the CI's written statement, get back on eBay to get it purchased, somebody had all ready purchased it off eBay on the buy it now price, which means there's no auction bid. Q. The buy it now icon allows someone to go in and

actually buy the item at whatever that buy it now price is, without having to wait for the auction to bid it up and bid it up to that, correct? A. Q. That is correct. Now, prior to the first search warrants in

December of 2005, while you were monitoring Carrie Neighbors' site, did you notice whether or not she consistently used any kind of buy it now icons?

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A.

I don't recall any specific ones that I would That was a buy it now price. There could have been. I don't

have been dealing with. Could there have been? recall. Q.

After the search warrant, did you begin to be

aware more of the fact that the buy it now icon was available on these items she was selling? A. Q. A. Absolutely. And why do you say that? Because just like this item, we sold it to her,

and literally, we're talking about me driving back across town to de-brief the CI, and then trying to get on line, that the item had all ready been posted and sold as a buy it now price, that's very quick. Q. And if someone uses the buy it now icon, five

minutes after the thing gets posted, it comes off the internet site, correct? A. That is correct, it comes off the auction. It

still -- you can still pull up the item number it just says sold. Q. Okay. Is there any advantage to using the buy it

now selling rather than the bidding method of selling? A. The speed of which you could sell the item if you

price the item right, you can move it quicker versus waiting and doing the auction which you have to set for

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so many days. Q. A. Q. A. Q. A. Now, the check that we just looked at for $285? Yes. Was that cashed? Umm, I believe this one was, yes. All right. And what happened to the money?

I just made a copy of the check, cashed the check

and then put the copy of the check and the cash in an evidence bag, put it into evidence. Q. Now, after Joey Cadenhead was sent in on that

first sale, was he sent in again? A. Q. A. Q. A. Q. T R. Yes. When was that? Two days later on June 16th. All right. And what was he sent in with?

A new Phillips DVD player. Show you Government's Exhibits CI 2.1 and CI 2.1 Is the first exhibit an audio recording of that

conversation? A. Q. Yes, it is. Which you heard contemporaneously with when it

was made? A. Q. Yes. And is CI 2.1 T R a fair and accurate transcript

of that conversation?

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A. Q. A.

Yes. What is CI 2.2? This is a digital photo of the Phillips DVD

player that we sent him in with. Q. A. item. Q. A. Q. A. CI 2.5, what is that? This is a photo or a -- I'm sorry. I'm sorry, what is CI 2.5? This is the check that was issued to Joey What's Government's Exhibit CI 2.3? This is a picture of the serial number for this

Cadenhead on June 16th, 2006 for the Phillips DVD recorder. Q. A. All right. And what is Government's Exhibit 147?

This is the serial number and model of the DVD

player that was on the box when we sent Mr. Cadenhead in that we recovered from the business trash on June 20th, 2006. MS. PARKER: Your Honor, at this time the

United States offers Government's Exhibits CI 2.1 and CI 2.1 T R, CI 2.2, CI 2.3, CI 2.5, and Exhibit Number 147. THE COURT: MR. DUMA: THE COURT: exhibits. Any objection? No objections, Your Honor. At this time court admits those

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BY MS. PARKER: Q. Now, the audio disk of that conversation between

Mr. Cadenhead and the defendant, we will play at a later time, but let me put on the overhead Government's Exhibit CI 2.2. A. Q. What's that?

That's the Phillips DVD recorder. All right. What is this little orange plastic

thing in the middle of that picture? A. That's just a shipping label that came from the

Target Corporation. Q. A. Q. that? A. That's a copy of the serial number. However, I All right. No. Show you Government's Exhibit CI 2.3. What's And nothing was removed by anyone?

just noticed something.

I believe this must be the

serial number off the other DVD player and not this one. Q. A. Okay. Yeah. When you say the other DVD player -We haven't got to it, but we turned right

around and sent -- on CI sale number three, we send him right back in with another -- the exact same model of DVD player. I notice this one is the exact same model,

but this serial number does not match this photo. Q. All right. So, what you have in your hand that's

marked CI 2.5, or is it -- what's the exhibit number?

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A. Q.

CI 2.3 and 147. CI 2.3, you're saying is a serial number that

matches the next time Mr. Cadenhead -- you send Mr. Cadenhead in? A. I'm saying this one that we recovered from the

trash is from CI sale three, 'cause it does not -- it's the exact same model, but the serial number does not match. Q. This must be the one from CI sale three. Wait a second. Just so we don't lose track.

Just so that it's clear. A. Is it okay if I open it 'cause I'm going to pull This one I'm having

this other bag out of here please.

trouble reading 'cause it's mashed out. Q. While we still got it, this that you've

identified that you've left in the sleeve, you're saying relates to CI Buy Number Three? A. Yes, 'cause it does not match the one from two.

It's shows the same model number, but not the same serial number. Q. And what I'm going to ask you to do so that

things don't get confusing later on is to put CI Buy Number Three with this felt tip pen on the back of that. A. Q. A. Yes. That's Exhibit 147? Yes.

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Q.

All right.

And the one that you are now taking

out of that little envelope? A. Is the other -- other side of the serial number

for the same item. Q. All right. So, nothing in Government's

Exhibit 147 relates to CI -- the CI Buy Number Two, correct? A. Q. No. These are all from the same item.

Well, if you'll put those back in there, we'll But the serial number that is

get to that in a minute.

up here is -- as CI 2.3 is the actual serial number of this Phillips DVD -A. Q. Correct. -- that was sold. All right. These two do go

together? A. Q. Yes. Did you receive a check from Joey Cadenhead after

he made that buy? A. Q. A. Q. Yes, on June 16th, yes. I mean, made that sale? Yes. Show you Government's Exhibit marked 2.5. What

is that? A. 2.5 is the check that Mr. Cadenhead provided me

for the sale of that DVD -- Phillips DVD recorder.

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Q.

It appears to be an original check there in the

original exhibit? A. Q. A. Q. A. It is. All right. Was that cashed?

No, it was not. Why not? We believed at the way the investigation was

going that it would not compromise the investigation if we kept the original document. Q. All right. And Joey Cadenhead received how much

for that DVD player? A. Q. $125. Do you know what the retail price of that was,

would have been? A. Q. A. Q. A. I don't recall, no. Okay. No. Did you recover it later? We recovered a DVD player. I can't remember if Now, did you buy that DVD player back?

it was the one from Sale Number Two or CI Sale Number Three, but it's -Q. You recovered a DVD player that matches one or

the other? A. Q. Yes. All right. We'll get the serial numbers in and

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then we'll ask you to check them and tell us whether it's number two or number three. A. Q. Absolutely. All right. And we're talking about number three,

so obviously, you sent Joey Cadenhead back in to the Yellow House a third time? A. Q. A. Yes, on June 20th, 2006. All right. And what did you send him in with? I'm sorry, it was

Another Phillips DVD player.

actually June 21st, 2006. Q. device? A. Q. Yes. And were you able to listen contemporaneously to And again, was the -- was he wearing a recording

the conversation between him and Carrie Neighbors? A. Q. Yes. And you recognized each and every time that you

were listening to these conversations Joey Cadenhead was having that the person he was talking to was Carrie Neighbors? A. Q. A. Q. A. That is correct. And you knew that because? I had dealt with her undercover. You recognized her voice when you heard it? Yes.

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Q.

Okay.

Show you Government's Exhibit CI 3.1 and What is that?

CI 3.1 T R. A.

This is a CD recording of the CI's controlled

sale of the second Phillips DVD player. Q. All right. And you actually listened to that

conversation contemporaneously? A. Q. Yes. And have you listened to the DVD and reviewed the

transcript? A. Q. Yes. And are they fair and accurate representations of

the conversation that took place on that date? A. Q. that? A. Q. that? A. Yes, this is the check that was issued to Joey This is a photo of the Phillips DVD player. Show you CI 3.4, ask you if you can identify Yes. Show you Government's Exhibit CI 3.2. What's

Cadenhead for the sale of the DVD player. Q. 3.7. A. And finally, show you Government's Exhibit CI What's that? This is the serial number for the second Phillips

DVD player. MS. PARKER: And again, we will play the

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audio of that conversation through a later witness, but at this time, the United States offers Government's Exhibits CI 3.1, CI 3.1 T R, CI 3.2, CI 3.4, and CI 3.7. THE COURT: MR. DUMA: THE COURT: admitted. BY MS. PARKER: Q. Okay. And then Government's Exhibit 3 I -- CI Any objection? No objection, Your Honor. At this time those exhibits are

3.2, is that a picture or photograph of the sealed box with that Phillips DVD player? A. Q. Yes. This is the one that Joey Cadenhead went in to

sell the third time you sent him in? A. Q. that? A. That's a check issued to Joey Cadenhead on That is correct. Show you Government's Exhibit CI 3.4. What's

6/21/06 for the DVD player. Q. A. Q. And when did you get that? Right after the controlled sale. He would bring it out and give it to you right

after he left the Yellow House Store? A. Q. Yes. Finally, show you Government's Exhibit CI 3.7.

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What is that? A. That's the serial number, make and model of the

DVD player. Q. Now, with that serial number which is

Government's Exhibit 3 -- CI 3.7 and Government's Exhibit CI 2.3, we're going to bring in that DVD player, DVR player that you purchased, right, or you recovered it in the search warrant, or did you re-purchase it? A. Q. We recovered one during the search warrant. All right. And that was the second search

warrant in when? A. Q. That would have been in July of 2006. Again, that search warrant -MS. PARKER: Your Honor, the item is It will take just a moment

downstairs in another room. to retrieve that.

And I tell the court that because

this is nearly the last direct examination of Officer Rantz, so I apologize for the delay. BY MS. PARKER: Q. I do want to ask you, Officer Rantz. You have

indicated that you have fairly extensive experience in investigation of undercover drug investigations, correct? A. Q. That is correct. In the course of your training and experience in

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that area of law enforcement, have you become familiar with the methods of operation of drug users? A. Q. Yes. All right. And have you become familiar with how

drug users are able to maintain their drug habits, where they get the money for their -- to support their drug habits? A. Q. Yes. All right. And do they generally keep regular 9

to 5 jobs if they have a serious habit? A. Q. It's very hard if they have a serious habit. All right. And then if they do have a serious

habit, how do they make the money to buy the drugs? A. Umm, it's usually through some kind of illegal

activity, whether it be prostitution or theft or burglaries. Q. All right. And based upon your knowledge and

experience, and especially your knowledge of the way that the cooperators in this case operated, do you have an opinion about how they were supporting their drug habit if they had one? A. The majority of 'em were supporting it through

some kind of criminal activity, usually theft. Q. All right. But then if you steal something, how

did they make their money on it?

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A.

There's one of two ways.

You either have to have

a business that buys it from you, or you can -- some drug dealers will actually take items in if they have a place where they can sell the item or if they can use the item. Q. All right. Is it unusual for a drug dealer to

take in say a brand new computer in payment from one of their drug customers for some drugs? A. Q. No. All right. And if he -- he or she took in that

brand new computer in exchange for drugs, then he or she would be the one that would need to convert that to cash if they weren't in the market for a computer for themselves? A. Yes, if they weren't in the market to use it

themself, they'd have to find some way to convert it back to cash. Q. Okay. MS. PARKER: Your Honor, I think I'm

finished except for that DVD player. MR. DUMA: just one second? THE COURT: Yes. Judge, may we please approach

(Proceedings held at the bench, outside the hearing of open court.)

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MR. DUMA:

Judge, I can really use the

restroom break right now if it's okay. THE COURT: MS. PARKER: I'll go ahead and do that. Yeah, and all we're going to do

is have him compare the serial number. THE COURT: MR. DUMA: We'll take a recess. Thanks.

(Proceedings continued in open court.) THE COURT: this time, jury members. admonition. Go ahead and take a recess at Please remember your

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.

(2:32 PM, jury left.) THE COURT: Court stands in recess. Proceedings

(Whereupon court took a recess. then continued as follows: returned at 2:50 PM.) THE COURT: MS. PARKER: BY MS. PARKER: Q. Please continue.

Court and jury

Thank you, Your Honor.

Now, before we get to the last subject, I do want I'm going to show you Government's Exhibit

to clarify.

CI 3.6, and ask you if you can identify that? A. Yes, this is a Phillips DVD player that was

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recovered during the federal search warrant in July of 2006 from the Yellow House Store. Q. And checking -- well, first of all, let me offer

Government's Exhibit 3 -- CI 3.6. THE COURT: MR. DUMA: THE COURT: Exhibit 3.6. BY MS. PARKER: Q. Now, Officer Rantz, if you would check, is the Any objection? No objection, Your Honor. At this time the court admits

serial number of this item -- does it appear on the box, or at least a partial serial number? A. Q. The last two digits of it do, yes. All right. And do the last two digits of this

item, the serial number for this item match either of the serial numbers that you recorded for the DVD players that you gave to Joey Cadenhead to send in? A. Yes, on CI Sale Number Three, the last two digits

on the serial number were 42. Q. All right. And -- all right. And based upon

that fact, are you able to say this is one of the two -A. Q. Yes. -- DVD players that was sent in with Joey

Cadenhead? A. Yes.

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Q. A.

And you recovered that when? In July of 2006 during the federal search

warrants. Q. A. Q. All right. Yes. Now, you had mentioned earlier that you had met So, a week or so later?

with certain security people at different stores that had identified Joey Cadenhead as having stolen from their store? A. Q. Yes. All right. And was one of those stores Westlake

Hardware? A. Q. Yes. All right. And what were -- what did you

understand was stolen from Westlake Hardware? A. Among other items was a De Walt miter saw, chop

saw that had been a display model on a shelf. Q. All right. I'm going to show you Government's

Exhibit 127, ask you if you can identify that? A. Yes, this is a De Walt chop saw that was for sale

on Flatlander 645. Q. Do you know approximately when that chop saw was

stolen from Westlake Hardware? A. 2006. It would have been end of May, first of June of

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Q. up --

All right.

And what caused you to go and pull

MS. PARKER: Exhibit 127? THE COURT: MS. PARKER: Exhibit 127 at this time. THE COURT: MR. DUMA: THE COURT: Exhibit 127. BY MS. PARKER: Q. Okay.

Did I offer Government's

No. I would offer Government's

Any objection? No objections. At this time court admits

I'm going to show the jury on the overhead

Government's Exhibit 127 which is an eBay advertisement for what? A. Q. A De Walt DW 705 chop compound miter saw. All right. And is that model consistent with the

information you had about the stolen chop saw from Westlake Hardware? A. Q. Yes. All right. After you found this item on eBay,

did you try to buy it back? A. Q. A. Yes. All right. And the seller here is who?

This would be Flatlander 645.

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Q.

And by this time, you knew that Flatlander 645

was who? A. Q. saw? A. Q. Yes. Show you Government's Exhibit 239, ask you if you Yellow House, Carrie Neighbors. And were you successful in re-purchasing the chop

recognize this exhibit? A. Yes, this is the shipping labels, receipt, sticky

note with the eBay item number, and the manual for the De Walt miter saw. Q. That's the one that you just testified had been

stolen from Westlake Hardware? A. That is correct. MS. PARKER: Your Honor, at this time

government offers Government's Exhibit 239. THE COURT: MR. DUMA: THE COURT: Exhibit 239. BY MS. PARKER: Q. Now, there are multiple items in Government's Any objection? No objection, Your Honor. At this time, court admits

Exhibit 239, are there not? A. Q. There are. All right. Let me show you, first of all, the

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photograph or a carbon copy of the plastic sleeve that those items are contained in, correct? A. Q. Yes. And this is the documentation that the Lawrence

Police Department puts on items like this to keep track of them? A. Yes, this is the bag that it would go in, and

there's a place on the bag to write the item number, case number, etcetera. Q. And you can see what's in that bag without

opening it, correct? A. Q. That is correct. Now, showing you Page 2 of Government's

Exhibit 239, what is that? A. That's the shipping label that was on the outside

of the box when I got the De Walt miter saw back. Q. Okay. And again, that was Flatlander 645 eBay

purchase coming from Carrie Neighbors at the Yellow House Store in Lawrence, Kansas? A. Q. That is correct. Show you Government's Exhibit -- the second page

of this photocopy, third page of the exhibit which shows again a cash register receipt? A. Q. Yes. And how much did you pay for that?

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A. Q. A.

244.50, $244.50. All right. And how did you pay for it?

With my credit card with a female detective

calling in posing as my wife. Q. A. Q. A. Q. What was -- do you remember the name she used? Amy Wallace. And which detective was that? Detective Amy Price. Now, we have here Statement Number 444347. Where

did you get that? A. That came in the shipping box with the item when

I -- when it arrived at the safe house. Q. And then there's a little square note here. Is

that one of those yellow sticky notes? A. Q. A. Q. Yes, it is. And where did that come from? That was also attached to the item. All right. And you actually did receive an item,

correct? A. Q. Yes. Show what's been marked Government's Exhibit 240.

Do you recognize that? A. Q. A. Yes. What is that? This is the original display box that I got back

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from Westlake. miter saw. Q.

Inside of it is the 12-inch De Walt

When you bought that 12-inch miter saw from

Flatlander 645? A. Q. A. Q. box? A. Q. A. Yes. How were you able to get this De Walt box? Westlake had kept what they had marked as display This is what they Yes. Did it come in its own box? Not in a De Walt box, no. All right. And did it come in another kind of a

boxes in the back of their store. showed as their display box. marked on display. Q. All right.

On the top, it's actually

And when we talk about a display

item, how is that actually set up in the store? A. What they -- what a retailer would typically do

is take the original item out of its box, set it up on the shelf so that the customer can actually see it without looking at a picture of it or looking at it through the box. Q. A. Q. But it's still a brand new item? That is correct. And did you look at the De Walt saw that's in

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that box? A. Q. Yes. And from the -- its appearance, was there

anything about it that you could tell it had never been used? A. Q. A. Yes, it appeared new. All right. The way the cord was wrapped?

The cord -- the way the blade looked, typically

on a circular saw, the one thing you will see is that if a circular saw has been used, you'll have some smoothing or grooves on the blade. appeared to be new. Q. Did you buy this chop saw back before or after This did not have that. It

you made your first initial contact with Joey Cadenhead? A. I bought it back after. It would have been on

June 20th. MS. PARKER: Your Honor, if I didn't offer

Government's Exhibit 240, we would offer it at this time. THE COURT: MR. DUMA: objection. THE COURT: Exhibit 240. MS. PARKER: And Your Honor, that concludes At this time the court admits Any objection? Is that that big box? Yes. No

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the government's direct examination of Officer Rantz. THE COURT: Cross-examination?

CROSS EXAMINATION BY MR. DUMA: Q. Now Officer Rantz, let me start with the -- the

people that you spoke with that have their pictures listed up on -- and I can't tell from here what exhibit that is, but that poster board behind you with the faces on it? A. Q. Yes, sir. Okay. You didn't take statements from all of

them, but you were involved with statements with approximately half of 'em, I think; is that correct? You don't have to tell me which ones. A. Q. Approximately half, yes. Okay. And would you agree with me that for the

most part, these people that you spoke with had some sort of criminal background? A. Q. Yes. And would you also agree with me, as you

testified about your expertise in drugs, that most of them had some sort of drug addiction that they were feeding while they were stealing and kind of going in this cycle? A. Most of them did have a drug addiction, yes.

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Q.

All right.

Now, would you also agree with me

that when you spoke with them, without telling me exactly what they said, they were concerned that what they said was somehow going to be used against them? A. Q. Absolutely, yes. And you had to kind of assure them that I'm not I think what you said on

going to use that against you.

multiple occasions was, you're here as a witness, we're not trying to make a case against you, we're investigating Yellow House, or something to paraphrase in that regard, would you agree? A. Q. On part of them, yes. Okay. And then on some of them, you actually had

to make full deals, and you talked about that briefly, correct? A. Q. That is correct. All right. Now, the -- the sales, the six sales

that you made to Carrie Neighbors, prior to that time, you had done an investigation, and you had basically determined that -- that -- well, it turned out later to be these folks that -- with their pictures up on the board, had been stealing stuff from around the Lawrence area and I think even the Kansas City area and then eventually selling that to Yellow House? A. Through the course of the investigation?

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Q. A. Q.

Yes, sir. Yes. Okay. And during that investigation, that's why

you went in to try to make these sales to Yellow House to kind of see what the people in Yellow House, what their involvement was with this whole kind of theft ring? A. Actually, most of the interviews of the subjects

listed up here came after the undercover sales and were as a result of us generating their names from checks that Miss Neighbors had written to them. Q. Okay. So, in October of 2005, you went in to

investigate Yellow House, you did a walk through on that day, and you did that because you had received some information apparently that some stolen property was being -- was being sold there? A. Q. That is correct. All right. Now, one of the things that happened

on the walk through is that Miss Neighbors made it clear to you that she was not a pawn shop? A. Q. That is correct. Correct? Okay. Now, a pawn shop is something,

like if I take my watch in to pawn it, they give me money for it, but they have to hold it for a certain period of time, because I can redeem that item, and then

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I pay back not only the money that they loaned me, but some with interest, correct? A. You can actually either take a loan out at a pawn

shop or they can actually buy the item outright, either way. Q. All right. Now, are you familiar with the pawn

shop laws generally? A. Q. Yeah, generally. All right. So, if they -- at a pawn shop, if

they actually purchase something, do they have to go through all the identification process that you talked about previously? A. Q. As far as I know, by our city ordinance, yes. Okay. Now, definitely, they have to do it if

they're just going to loan some money, correct? A. Q. That is correct. Okay. But the city of Lawrence has decided to

pass ordinance as to a pawn shops, but they haven't passed that similar sort of requirement, that legal requirement as to resale shops or secondhand shops; would you agree? A. Q. That is correct. Okay. So, basically, Miss Neighbors was trying So, you took that to mean

to say, I'm not a pawn shop.

that she didn't have to comply with the laws that were

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regulating pawn shops? A. Q. That is correct. All right. Now, in the buy -- in the first buy, And would you agree with me, and I

you went in there.

think we've kind of seen the videos, but during the course of these six buys, it looked like that -- that at least on several of 'em, that there were other people there, Patrick Stanwix and Mr. Coffman and I think even Miss Jackson, which was Carrie Neighbors' mother, that was present kind of during the time that you were talking with Carrie Neighbors? A. Yes, there were several people that are listed on

the actually employee board that were there. Q. Okay. And I think even on the first one, some of

the conversation of the woman on the phone said on the transcript Carrie Neighbors, but I think it probably was -- was Lois Jackson. A. Q. A. Q. Do you remember?

I don't specifically recall. But Lois Jackson was there? She was there, yes. Okay. Okay. Now, on the first undercover sale

to Miss Neighbors, you went in with a calculator and drill, Apple iPod, and there was no conversation whatsoever about -- about anything being stolen or anything that even would even indicate to Miss Neighbors

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that you had stolen property? A. Q. A. Q. A. Q. Nothing was said about it being stolen, no. Okay. That was the first buy?

That is correct. Now, the second buy, same thing, correct? There was no conversation about it being stolen. And now, when I saw you walk in that front of

that store, and I -- and I could -- you could see the camera through your -- your pocket, and as you walked into the store and got next or right by that glass door, you could see clearly into the store from at least standing there on the front stoop of the store. you agree with that? A. You can. There is -- you can see the front door Would

of the building is glass, so you can see in through the front door, yes. Q. All right. And then as you walked in there, you

went up to Miss Neighbors, and she always was like standing there at the cash register at the like main counter of the store. A. Q. Would you agree with that?

For the most part, yes. Okay. For the most part, especially when she was

writing you out the checks, right? A. Q. Yes. And I think even on the first or a couple of 'em,

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she was on the phone talking to somebody, and got your name and wrote you out the check and put it in the exact name that you gave her, correct? A. Q. Correct. All right. And then she also put exactly what

was purchased on the check, correct? A. Q. On the first couple, yes. Okay. Now, that happened in the -- in the first

buy, correct? A. Q. A. Q. Correct. Happened in the second buy, correct? That -- which part of it is correct? That she put your -- she wrote the check out

standing there at the main desk and put your name on it and then what was purchased on the check? A. Q. Correct. All right. And would the same thing be true of

the third buy? A. Q. I believe so, yes. All right. Now, there's been a lot made about

the fact that the property would get into Miss Neighbors' store and then be placed back for sale as soon as possible, correct? A. Q. On eBay, yes. Yes. Yes. If -- if I was trying to make money, I mean --

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and I was totally legitimate, is there anything illegal about trying to get property in the front door and then trying to resale it as quickly as possible? A. No, I -- she, I would assume, be trying to

re-sell it. Q. Okay. And the faster you sell it, the better it

is for getting cash back in so you can pay cus-- pay your -- whatever your overhead is. that? A. Q. Correct. Okay. Now, on number four, the fourth buy, you Would you agree with

came in with a larger amount of electronics, and you went out to -- or you went into the store and Miss Neighbors there, and you asked her to -- that you told her you had some stuff in the trunk, and then you guys kind of agreed to go out and talk outside by the car for a second, is that right? A. Q. Correct. Okay. And then Miss Neighbors went out there

with you, and she looked at it, and was there a conversation out by the car having to do with the Olathe or the Johnson County tags? like -- anything like that? A. There was -- as I recall and looking back at the Do you remember anything

video, there's -- I know there's some traffic noise, but

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you'll see me gesture to my tag, which would not have been uncommon for me to do during undercover to say I'm from someplace else. She asked if I was a policeman, I Then you'll see me bend over

said yes, we both laughed. and point at the tag. from Johnson County.

And I said something about being No, I think -- I think the

response was, no, I'm from Johnson County. Q. So, there was some conversation that occurred

that couldn't be heard between you and Miss Neighbors while you were outside, just because of the traffic noise on the street right there? A. Q. Correct. All right. Do you remember exactly what Miss

Neighbors might have said during that portion of the conversation that the traffic noise was there? A. I don't recall anything else other than me

pointing to my license plate. Q. All right. Now, on that particular buy, on

number four, and you will have to bear with me a little bit because I don't have Agent Nitz to help me keep quite as organized as Miss Parker was. But at one point

in time, you said to Miss Neighbors, and I think it came up that -- that the guy that you were getting it from is able to nab the stuff, basically, before it gets into the store, and then Miss Neighbors immediately

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responded, as long as you're paying for them, correct? A. Q. Right. All right. And then later on, she specifically You're not --

said, but you're buying them, right?

you're not stealing them, are you, and she specifically asked that question? A. And there -- as I recall, there was a statement

in between there. Q. A. Q. No, I know that -- I mean, there's -- I'm not -Oh, okay. I'm not suggesting those -- there weren't

statements in between. A. Q. Okay. I'm just focusing on those particulars things

that Miss Neighbors said. A. What she -- yeah, she said, you're not stealing And I -- as I recall, what I replied was,

'em, right?

I'm not doing anything with that. Q. A. Q. Just a second, Mr. Rantz. Oh, I thought you -No. I apologize. I'm trying to get what Miss

Neighbors said.

I think the government's going to All right?

probably re-ask what you might have said. A. Q. Okay.

And she said, but you're buying them, right?

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You're not like stealing them, are you? exactly what she said? A. Q. She did say that, yes. Okay.

Isn't that

And then later on, she said nobody's going

to come over and take these away from me, right? Correct? A. Q. She did say that, yes. And did you take that to mean that -- that like

the cops weren't going to come in and take 'em because they were stolen? A. police. Q. Okay. Okay. So, there was kind of a That's what I took that, they meaning being the

conversation back and forth between you and Miss Neighbors. You -- you feel today as you sit here, that

you were making it clear to her that -- that the property came from an illegal source, and then clearly, she was trying to make some statements to indicate that maybe they weren't coming from an illegal source. you agree with that? A. Do you have a specific statement that you're Would

asking about? Q. That's a horrible question, so, I'll -- let me go I'll withdraw that question. Now,

to Buy Five, okay?

in Buy Five, and this is kind of true, it looked like

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throughout the course of all of these -- of these sales, it looked like that every time you went to have her -Miss Neighbors write you a check, she couldn't remember your name. A. Q. A. Q. Would you kind of agree with that?

That's what she said, yeah. 'Cause she kept asking you what's your name? That is, yes. Okay. So, did it appear to you like maybe she

just wasn't remembering who you were from time to time? A. names. Umm, or either that, or she was writing a lot of I don't know, she -- she did have trouble

remembering my name according to her, yes. Q. And she told you that she did a lot of business,

sometimes $40,000 a month I think's what she said? A. Yes, she did tell me she'd written 40,000 --

checks -- $40,000 worth of checks previous month. Q. Okay. Now, this -- this mannequin back here, we

-- for the most part, I live in Lenexa, and if I saw somebody like that walking down the street in Lenexa, I might take pause. right? A. Q. Correct. And would you agree that the general kind of But this is in Lawrence, Kansas,

population of Lawrence, Kansas is somewhat more of a diverse culture in terms of the people might be having

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longer hair or the college student scene or whatever? A. Yes, I would say there are alternative types of

cultures and people in Lawrence. Q. More so there than let's say in Lenexa, Kansas.

Would you agree with that? A. Q. Yes, because of the university, yes. Right. Okay. So, if you were wearing that

outfit in Lenexa, Kansas, it might take -- cause somebody pause, but if you wore that same outfit walking down the street in Lawrence, Kansas, there's a lot of folks just like you, nobody's going to pay that much attention, are they? A. That's not my -- not been my experience with that

costume. Q. Okay. So, you don't think there's people that

look kind of like that walking down the streets at Lawrence, Kansas? A. Oh, I -- I would agree, but I would also say that

it causes people to take pause. Q. Okay. Now, on the -- on the fifth buy, there's a

guy in there trying to sell her -- or actually, I think closing a deal on some newspaper ads, correct? A. Q. Yes. Was that the Lawrence -- is that the Lawrence

Journal, is that the paper there?

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A.

That was my understanding, that was Lawrence

Journal World. Q. A. Q. That the name of the paper in Lawrence? Yes. Okay. So, that seemed like kind of a legitimate

thing that there was a guy coming in there and trying to sell some -- some advertisement to Miss Neighbors for her store in a paper that actually existed? A. Yes, it seemed like she was doing some kind of

advertising. Q. Okay. And at that -- on that sale number five, That's a

there were also other people in the store. true statement. A. Q. Yes. Okay.

And when you came in on the fifth

undercover sale to Miss Neighbors, you kind of talked to her about, hey, you know, we were talking last time about some illegal stuff, and I don't -- I don't think, you know, we quite understood what was going on. weren't trying to set me up, were you? You

You're not going

to turn me into the police, I think is it kind of a paraphrase of what you said to her? A. Q. Yes. All right. And she specifically said, yeah, see, Would you agree

I have to.

I can't buy stolen goods.

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with that? A. Q. She did say that, yes. Okay. And again, on -- on that fifth sale, she

had to ask you what your name was again, if I -- if I read this transcript correctly? A. Q. Yes. Okay. Then we go to the sixth sale. Now, on the

sixth sale, you didn't have any conversations on that sale, if I remember correctly, that would indicate that you were talking about stolen property. with me on that one? A. Other than I referred to as our guy was able to Would you agree

get me some more stuff? Q. A. Q. Right. Right. Okay. It wasn't -- it wasn't as obvious from

what you were trying to do as it was, let's say, in the fourth sale where you talked about somebody nabbing something? A. Q. Yes. That sort of conversation didn't take place on

the sixth sale? A. Q. Not on the sixth sale, no. Okay. And during this investigation later on, At one point in

you -- well, let me ask it this way.

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time, you asked Miss Neighbors if, you know, she would like -- specifically wanted to give you a list of stuff that -- that you could go get, correct? A. Q. Correct. And her specific response was, I don't really do

orders, I just let whatever comes in? A. I don't -- I don't remember let whatever come in,

but I do remember her saying, I don't take specific orders. Q. Okay. And she told you about a truck driver that

named -- or that brings in tools every -- once every week or two? A. Q. Yes. Okay. And you later determined that that might

be Mr. Parsons? A. Q. Yes. Okay. And that was after you had a further time

to kind of investigate the thing and talk to Mr. Parsons and kind of find out what his MO was and how he was stealing, etcetera? A. Q. Yes. All right. Now, the search warrant occurred in

-- executed December 2nd of 2005, correct? A. Q. Yes. And at the same time or pretty close to that

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period of time, you sent a search warrant to the eBay and PayPal people to get those records also, I think is the testimony? A. Q. Yes. Okay. And you heard Agent Nitz testify that

shortly thereafter, eBay and PayPal shut down Yellow House -- their -- their accounts for eBay and PayPal. Would you agree with that? A. Q. Yes. Okay. Now, when you went into that -- into that

house and you got that stuff, there was a bunch of stuff in that house that had nothing to do with Yellow House or any sort of theft investigation at all, correct? A. in it. Q. Okay. I mean, I saw a treadmill and I saw there Yes, it was a house -- there was a lot of stuff

was just some stuff that you would see in, you know, lot of people's houses that wouldn't have anything to do with stolen property, correct? A. Q. That is correct. All right. And in the basement, I think you

found the records that eventually led you to the cancelled checks of all of these people that had written -- gotten -- received checks from Yellow House. you agree with that? Would

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A. Q.

Yes. Okay. So, those -- those documents were there at

the Neighbors' house, they hadn't been destroyed, they hadn't been hidden in some office site, they hadn't been burned, they hadn't been shredded, they were sitting there in boxes like anybody would keep cancelled checks for a business. A. Q. Yes. Now, the -- the receipt, the Patrick Nieder Did you remember Would you agree with that?

receipt, I did not see a date on that. seeing one on there? A. Q. A. Q. A. Q. From when it was collected? No. Or when it was written? When it was written. I believe it was 2004. Okay.

I saw a case number of 2004 on there, but

I didn't see a date as to when it might have been written. A. though. Q. All right. And that receipt merely is -- is Without looking at it, I believe it was 2004,

something like -- it looks like -- was it Jefferson County? A. Yes.

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Q.

It looks like Jefferson County traced some

property back to Yellow House that Patrick Nieder had sold them in -- earlier, and that they took it from Yellow House, correct? A. Q. That is correct. And then they would leave them a receipt to say,

hey, we took this from you, correct? A. Q. Yes. All right. So, there's -- there's nothing about

them receiving that receipt -- about Yellow House receiving that receipt that shows that they've done anything wrong necessarily? A. Other than that, they were in possession of an

item that Jefferson County deemed as stolen? Q. A. Q. Right. That is correct. Okay. Now, the shoes. Did you follow up on

those shoes that were found in the garage of the Neighbors' house? A. Q. Yes, I did. And -- and did you talk to the -- the owner of

the -- of the shoes? A. Q. Yes. Okay. I thought Officer Bialek had done that,

but did you do a follow-up report on that?

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A.

We -- we -- together, when we had to deliver all

those shoes back, so Officer Bialek and I would have been together. Q. And so, those shoes were delivered back to

Asay's, is that correct? A. Q. Yes. All right. Do you remember when they were

delivered back to Asay's? A. Q. A. The exact date, I do not. That's in your report, though? That would have been in -- I believe Officer I just went with

Bialek is the one that handled that. him when we had to deliver 'em back. Q.

And did you talk to that gentleman, the person

who owned the store, do you remember? A. Q. I remember briefly talking with him, yes. All right. On those bicycles that were

determined to be stolen that were found in the Neighbors' house, are there serial numbers on those bicycles? A. Is that how you do that?

Serial numbers, and specifically, if the serial

number was not noted, there were distinguishable things that would have been on the bike that had been identified, bags, specific grips, any kind of modification or change, but yes, there's a serial number

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on the -- what would be the bottom part of the frame. Q. Okay. And so, you went and gave those bikes back

to the people that lost 'em, correct? A. Q. A. Q. Officer Bialek did, yes. Officer Bialek did? Yes. And then you -- and somebody spoke to them, I

assume, from the police department? A. Q. Officer Bialek. All right. And nothing from that -- those

conversations led you to believe that Yellow House was involved with actually stealing the bikes. agree with that? A. I didn't talk with them, but that was my Would you

impression, yes. Q. Okay. Okay. Now, the -- the label that you

found outside of Yellow House, the very first one that you talked about, it was in the trash can behind the business, I think you said, correct? A. I'm -- to be honest with you, we did a lot of

trashings of the business, and I'm not sure which label you're talking about. Q. Umm, well, let me ask it this way. Would you

agree that when you pulled the trash from Yellow House, it was from trash cans outside of the building?

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A. Q.

It was a dumpster outside the building, yes. Okay. And you didn't observe any particular Would you

person place those labels in that trash area. agree? A. Q. That is correct. Okay.

So, you don't know if maybe the people

that were stealing the stuff were taking those labels off and putting them in the trash when they were going in the store, or whether somebody at Yellow House was taking them off and putting them in the trash. you agree with that? A. I would not agree with that in the fact -- and I In order for the labels to get in the Would

base it on this.

trash, we're not talking about labels that were pulled off and dropped in a dumpster. These would have been

labels that were inside a trash bag, meaning the trash bag would have had to have come from inside the business. So, they would have either had to have been

pulled off by the suspect or Miss Neighbors or somebody working there while inside the business. Q. Okay. But they could have been pulled off by the

suspect? A. Q. A. They could have been, I guess. The person who stole them? They could have been, yes.

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Q. A. Q.

Or one of the employees? They could have been I guess, yes. Okay. Now, you've indicated that you take those

labels off and it makes it harder for the police to trace back to a particular store where the stuff got stolen, correct? A. Q. That is correct. All right. But if I'm Yellow House and I'm

selling, let's say, this Dyson vacuum cleaner, and then things go bad with it with the person that I'm selling it to, I want them to call me back at Yellow House and not Target, correct, because Target's not going to even know who they are? A. I'm not sure. Would you agree with that? I would assume you would call the

manufacturer, but with it being a new item -Q. Well, but since you -- if I bought it from Yellow

House, I'm going to call the person I sent money to? A. I guess they could be wanting to call Yellow

House, yes. Q. Okay. And that might be another reason to take

these tags off of there so these people aren't bothering the stores when they should be calling Yellow House, because Yellow House has the property under warranty I think for 60 days is what one of the transcripts said. Would you agree with that?

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A.

I would be interested to see how they're

warranting new property from a -- from a manufacturer when they are not a licensed retailer for that item. Q. Well, wouldn't it just be as simple as, okay,

it's broke and here's your money? A. Q. It could be, yes. Okay. I'm not suggesting that they're in the

business of fixing the stuff, but I'm -- I mean, we heard a couple of those conversations where somebody was calling and you'd hear 'em talk about, okay, we'll have to give your money back or there's a 60-day warranty or whatever, so you can make the assumption that people sell stuff, and if somebody's unhappy, that I want my money back? A. And that was the impression I got on the washing

machines and dryers. Q. Okay. Now, Mr. -- Mr. Cadenhead, he -- when he

went in there to sell those three items, you had -- you had taken a statement from him prior to that time. Would you agree with that? A. Q. Yes. Okay. And so, you had gotten all the information

from him about his knowledge and perception of how the Yellow House Store worked? A. Yes.

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Q.

And then you sent him in there to make sales on

three occasions I think is correct? A. Q. Yes. All right. Did you brief him about kind of how

to do an undercover sale or like what to say, what not to say or like that? A. After the first one where he got limited

conversation, yes, I told him I wanted him talking more with Miss Neighbors. Q. All right. Have you been on the stand long

enough these last two days? A. I've been up here awhile, yes. MR. DUMA: questions. THE COURT: MS. PARKER: Redirect? Yes. Well, Judge, I have no further

RE-DIRECT EXAMINATION BY MS. PARKER: Q. I'm going to keep you up here about five more

minutes. A. Q. That's fine. All right. You were asked by Mr. Duma about the

fact that Carrie Neighbors had written checks for the items that she was purchasing, at least there were lots of checks found, correct?

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A. Q.

Yes. And she told you in one of the recorded

conversations that she wrote $40,000 worth of checks per month, correct? A. Q. For the last month, yes. Umm, knowing what you know about Lawrence, Kansas

and the kind of people that she was dealing with, would it have been a safe plan to keep $40,000 in cash in her store to pay cash for these items? A. No. MR. DUMA: Your Honor, I'm going to object

to this as being irrelevant and really outside the scope of my -MS. PARKER: Your Honor, I believe he opened

up the $40,000 of checks per month and the fact that there were many checks written. I think that tying

$40,000 of checks to $40,000 in cash is an appropriate redirect on that subject. MR. DUMA: My only -- my only reason for

asking the $40,000 in checks was to establish that Miss Neighbors had a reason for not necessarily remembering Russ Williams in all his glorious attire each time that he came in there. It had nothing to do with whether or

not she had $40,000 in cash in the store. THE COURT: Anything else in regards to the

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objection? MS. PARKER: THE COURT: BY MS. PARKER: Q. You were also asked about the fact that if No, Your Honor. Objection sustained.

somebody wants to make money, they will put their eBay items on sale quickly? A. Q. Yes. All right. Now, the Jefferson County receipt

indicated what had happened to some property that was found in the Neighbors' possession, correct? A. Q. A. Q. Yes. And what happened to it? It was confiscated by law enforcement. Okay. And when Nicolle Beach was -- when it was

determined that Nicolle Beach had sold two stolen Dyson vacuums to the Yellow House, what happened to those two Dyson vacuum cleaners? A. Q. It was confiscated by police. All right. What happened to the mixer that

Nicolle Beach said she stole when the officers went to pick it up? MR. DUMA: Your Honor, this testimony has

been asked and answered, and it's not relevant to my cross-examination. This is just going back over what --

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I'm sure that we heard once. MS. PARKER: Well, I believe it's redirect

on subjects that were opened up by defense counsel. THE COURT: I'll give the government some

leeway, but it is something that was previously examined on by the government, but on redirect, I'll give you some leeway. BY MS. PARKER: Q. Umm, those -- the -- the mixer that Nicolle Beach Continue.

stole, when the officers went to recover that from the Yellow House, were they able to? A. Q. No, 'cause it was reportedly sold. So, the quicker you move it out, the less likely

it is that the police can come and take -MR. DUMA: I'm going to object to that as

argumentative and leading. THE COURT: sustained. BY MS. PARKER: Q. You were asked about the labels being pulled off You've testified finding labels Regards to it being leading,

of some of the items. in the trash? A. Q. Yes. All right.

When you bought back items that you

had sold or that you had given Joey Cadenhead to sell at

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the Yellow House, when they came back to you, did any of them have labels removed? A. Q. A. Q. Yes. Did you remove those labels? No. All right. So, if they got removed, it wouldn't

have been by you, the seller? A. Q. That is correct. But if the sellers had torn those labels off and

put them in the trash where you found them, would they have had -- based upon what -- the way you found the trash in that dumpster, would they have had to have done that in the Yellow House and thrown 'em out right there? A. Q. Yes. All right. You were also asked about the

advertising man who was in the store during one of the visits that you sold Carrie Neighbors items? A. Q. Yes. When you had your conversation with her about the

sale items that you had and when you arrived at a price, was he privy to your conversation? A. Q. No. When you went in and there were other people

there who were not her employees, were any of those people you didn't recognize privy to any of your

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conversations? A. Carrie. Q. All right. When you were -- you said when you No, I negotiated those prices directly with

were standing at the front door at the glass door looking in, you could see into the store? A. Q. You could see in the store, yes. Could you hear what was being said on the inside

of the store if you were on the outside? A. Q. Not to my knowledge, no. You were asked about taking a statement from Joey

Cadenhead and then giving him instructions on how to interact with Mrs. Neighbors? A. Q. Yes. What specifically did you tell him about how to

interact? A. What I asked him to do was go into the business, However, I wanted -- after listening

do a typical sale.

to his first sale, I wanted additional conversation where they were actually talking about the item. Q. A. Q. Did you tell him what to say? No. All right. The words that he spoke in there were

his own? A. Yes.

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Q.

All right.

During your interviews, you were

asked about interviewing the witnesses, and you said you interviewed about half of them, correct? A. Q. Yes. When you conducted those interviews, did you tell

any of them how to answer your questions? A. Q. A. Q. Just truthfully. All right. No. All right. You were asked about some of your But you didn't give them details?

conversations during the sales with Carrie Neighbors? A. Q. Yes. Specifically, I believe your conversations during

Buy Number Five and Buy Number Six and Buy Number Four -- I'm sorry, Four and Five, you told Carrie Neighbors that your friend or your associate was nabbing things off the back of the truck, correct? A. Q. A. Q. A. Q. A. Q. That is correct. What did she say? As long as you're buying them. And what did you say? Well, I'm not. All right. Did she coach you in any way?

She asked me at that point if I was a policeman. And what did you say?

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A.

Yes. MR. DUMA: Your Honor, I'm going to again

object.

This will go back and forth all day if the

government gets to re-put on the same statements that we've heard previously, and then I stand up again and ask the same questions again. I think this has been

asked and answered, and I don't think it's appropriate for the government to go back over these same statements. MS. PARKER: Your Honor, the defense counsel

did extensive cross-examination of this witness on those conversations, but left out large chunks of the conversation that makes the entire conversation in the -- puts it in the proper context. I am merely

trying to go back and fill in the statements that were left out by counsel during his cross-examination, which I think is absolutely appropriate on redirect. THE COURT: MR. DUMA: THE COURT: Anything else, Mr. Duma? No, Your Honor. Thank you.

In this instance, court would This line of

find that this is proper redirect.

questioning was covered with the witness on cross-examination. BY MS. PARKER: Q. Did she coach you? Objection overruled.

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A. Q. A. Q. you? A.

Did she coach me? Yes. Yes, on number five -- Buy Number Five. What did she say that you felt she was coaching

When -MR. DUMA: Your Honor, I'm going to object

to this again.

What did she say that you felt she was

coaching you; it's irrelevant what this undercover police officer felt. MS. PARKER: question. MR. DUMA: words and then -THE COURT: Your objection's sustained. I'd like to just have the exact Let me -- I'll rephrase the

Government actually had mentioned that they are going to rephrase the question. MS. PARKER: Well, what I'd like to do in

light of Mr. Duma's request to have the exact words, I would like to replay the video -- and the audio from Buy Four and Buy Five. That will be an absolutely correct

recreation of what was said there. MR. DUMA: THE COURT: May we please approach the bench? Come up.

(Proceedings held at the bench, outside the

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hearing of open court.) MR. DUMA: Judge, Miss Parker, every time we

go through a cross-examination doesn't allow the government to get up and replay a great portion of their case-in-chief. All I'm asking her to do is say what

did -- she can ask off the transcript that's all ready been admitted what was said. We don't have to replay

the entire thing so they can get a bunch of other evidence replayed and re-boot-strapped in. MS. PARKER: I was merely responding to your

statement in front of the jury that we wanted to have exactly what was said, not her -- and best way to do that is to replay it. evidence. The transcript is not the best

The tape itself is the best evidence. MR. DUMA: Except that clearly what

counsel's trying to do is have the evidence -- the whole thing replayed again, when she knows that's improper, and the transcript he testified is accurate as to what was said on the tape. Pull out the parts that we're

talking about and not the entire thing to go back through it again. That's grossly improper. I didn't open the subject,

MS. PARKER:

THE COURT: MR. DUMA:

Anything else? No.

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THE COURT:

So the record's clear, then,

Mr. Duma, you're making an objection to have the government at this time be allowed to replay these exhibits, is that correct? MR. DUMA: THE COURT: Correct. If there's nothing else, in

regards to the objection, initially, it was brought to the court's attention by defense counsel as to what this witness felt Miss Neighbors was feeling, and the court sustained the objection, believed that would be speculation on the part of the witness without any foundation. Government said they would rephrase. And

now the government has indicated they would like to present this entire evidence that was previously played, the playing of the video, assuming, either Buy Number Four or Buy Number Five. In regards to that,

defendant's objecting, believes that that's improper, that it's too broad in regards to redirect. And the

government has indicated that they believe it was -- it was allowed to do this because defense counsel has in fact opened the door to this in their statement to the jury about how they want to have her actual words brought before the court. Under 401/403 analysis, the

court would find at this time that the probative value of replaying the entire exhibit would be unfairly

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prejudicial to defendant.

As such, the court doesn't

believe that that is appropriate to allow the government to do. Exhibit's all ready been played. What counsel

says is not evidence. the court and the jury.

That evidence is all ready before At this time, if the government

wants to ask specific questions about what was said by Miss Neighbors, even though that's all ready been mentioned, I do believe that would be proper redirect. MS. PARKER: And we will use the transcript

so that we're sure that the question -- the conversation is accurate, reflect that. MR. DUMA: And all I'm asking is that it be I only asked

limited to the questions that I asked.

about three or four statements, and not read the entire statement back into evidence. MS. PARKER: entire statement. MR. DUMA: in that fashion. THE COURT: continue. MR. DUMA: Thank you. If there's nothing else, please I have no objection to proceeding I don't intend to read the

(Proceedings continued in open court.) BY MS. PARKER: Q. Officer Rantz, in the interest of conserving

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time, I wanted to hand you back Government's Exhibit Buy 4.1, the transcript of that, and hand you back Buy 5.1, the transcript of that, and I'd like you to refer to those transcripts so that we are sure that we get a completely accurate testimony about your conversation, at least portions of your conversation with Mrs. Neighbors. A. Q. All right?

Yes, ma'am. All right. Now, you were asked by -- you

mentioned in cross-examination that you told Mrs. Neighbors that your friend or your associate was nabbing things off of a truck. A. Q. Yes. All right. Going to the portion of that Do you remember that?

transcript marked 5:14 Rantz? A. Q. A. Yes. What exactly did you say there? I got a -- four of the iPods and a DVD player and

a couple of these, they're like -- I guess they're like -- the guy that got them, I met a guy that unloads -- I met a guy that unloads trucks. Q. A. Q. A. What did Mrs. Neighbors say? Yeah. What did you say next? And he's able to nab stuff basically before it

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gets into the store, so -Q. A. Q. A. And what did she say in response to that? As long as you're paying for them. And what did you say? Yeah, well, I don't think he is. He just nabs

them as he unloads them off the truck before it gets scanned into the store. I didn't -- if you'd be

interested in them or not or you want me to bring -bring in a couple at a time or -- 'cause I didn't even know what they were. he had. Q. A. Q. them? A. Q. No. All right. And then little bit later on down at He wrote that list of crap on what

I told him I'd see if you wanted them. All right. And what was her next comment?

What's he wanting for them. So, at that point, she didn't say, I'm not buying

6:18, what does Carrie Neighbors say little further on in the conversation? A. You're buying them right, you're not like --

you're not stealing them, are you? Q. A. And what did you tell her? I'm not doing anything with them 'cause I I get them from him, and

don't -- I don't work there.

he said to see what I could get for -- see what I could

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get for them. Q. A. them. Q. All right. I said, I might know a place where I can sell It's up to you. All right. And at any time during this

conversation, did you ever tell her you were buying the items you were bringing in? A. Q. A. Q. No. And did she refuse to buy them from you? No. Going now to your conversation with the defendant You remember being asked about

during the fifth buy.

statements that she made then again referring to whether or not you were buying the items? A. Q. Yes. All right. And I'm going to Exhibit -- to the Would you tell the jury what you said

Line Number 3:02. at that point? A. Yes.

At this point, I said after, you know,

here's the deal, I was trying to figure out what you were talking about the other day, and I was like, she must be doing that as an illegal deal, and here I'm thinking you are -- I thought you were just trying to get me in trouble. I was like, what's she doing. And

then I got to worrying.

I was like, I hope that -- that

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you weren't calling the cops on me. Q. A. Q. A. Q. A. Q. A. And what did the defendant say? Yeah, see, I have to. What did you say? Oh, well. But what did she say to that? The cops would jack me up. All right. And what did you say? I can't buy stolen goods.

I know -- I know, but you're not stealing it.

It's coming to me. Q. A. And what did she say in response to that? Right. But you have to be buying it. You're

buying it from the manager who's getting it at a really great deal. Q. A. All right. And you told her what?

Well, I wish he was the manager, 'cause it would

sure make it a lot easier. Q. Okay. Now, who was the first one to mention that

you should be getting those items from a manager? A. Q. A. Q. That was Miss Neighbors. All right. Yes. Thank you. I have no further questions. Any re-cross? No, thank you, Your Honor. She told you to say that?

THE COURT: MR. DUMA:

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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 N S O N.

THE COURT:

If there's nothing else of the

witness, please return to your seat. MR. OAKLEY: Your Honor, the United States

calls Detective John Hanson. THE COURT: Come forward. Before you take

your seat, I need for you to 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 loud and clear speak into the microphone. start with you stating your name. THE WITNESS: THE COURT: THE WITNESS: John Hanson. Please spell your name. John is J O H N. Hanson is H Have you

THE COURT:

Thank you. JOHN HANSON,

Mr. Oakley.

Called as a witness on behalf of the government, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MR. OAKLEY: Q. A. Sir, how are you employed? I'm a detective with the Lawrence Police

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Department. Q. How long have you been a detective with the

Lawrence Police Department? A. years. Q. A. And how long had you been a police officer? Well, I've actually been a police officer about I've been a detective for 10 -- approximately 10

26 years, but working for Lawrence, I started there in '91, so approximately just under 20 years at Lawrence. Q. Okay. And the last 10 years, you've been a

detective? A. Q. 2005. Yes. I'd like to talk to you about December 2nd of On that date, were you asked to assist with the

execution of a -- of a state search warrant at the Yellow House Store in Lawrence, Kansas? A. Q. Yes, I was. Prior to that date, did you have any involvement

in this investigation? A. Q. No, I did not. On December 2nd of 2005, were you asked to do a

specific task when you showed up at the Yellow House Store that day? A. Q. Yes. What were you asked to do?

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A. Q.

I was asked to interview Carrie Neighbors. And do you see the person you've identified as

Carrie Neighbors in the courtroom here today? A. Q. Yes, I do. And would you tell us where she's seated and

perhaps describe what she's wearing? A. Well, she's seated in the back table here. She's

wearing a dark dress and her hair's pulled up in a ponytail. MR. OAKLEY: Your Honor, ask that the record

reflect the witness has identified the defendant. BY MR. OAKLEY: Q. You said that you didn't have any involvement in Prior to talking to Miss Neighbors,

the investigation.

had you talked to Officer Micky Rantz? A. Q. Yes. And so, were you familiar with an undercover

operation that he had conducted with the Yellow House Store? A. Q. Yes. You said that you were assigned to talk to -- to Did she agree to talk to you?

the defendant. A. Q.

Yes, she did. Now, were -- where were you at when you were

talking to her?

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A.

Actually started in the store, and then we

actually went out and spoke in the unmarked detective car. I asked if she'd feel comfortable if I pulled the

car up in front of her business, if she would come out and speak with me in the car, and she agreed to that. Q. And so, it was your idea to talk to her in an

unmarked patrol car? A. Q. car? A. Two reasons. One being, they were serving a Two, there's a Yes. Why did you want to talk to her in the patrol

warrant in the business at that point. lot of noise and just distraction. to talk to her. Q. A. Q. So, it was out of the way? Yes.

I wanted to be able

And also, there would be less noise in the car

than there was in the business? A. Q. Yes. Did she agree to talk to you in the patrol car --

or excuse me, in the unmarked car? A. Q. Yes. Was she under arrest at any point during your

conversation? A. No, she was not.

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Q. arrest? A. Q.

And did you tell her that she was not under

Yes, I did. Because she was not in custody or under arrest,

were you required to read her her Miranda rights? A. Q. No. While you were talking to the defendant, were you

recording the conversation in any way? A. It was being recorded. I myself was not. It was

-- Officer Heffley was also present, and he is the one that actually had the recorder. Q. A. Q. And he was present in the patrol car with you? Yes. And so, his recorder was able to pick up the

conversation that you were having with the defendant? A. Q. Yes. I'm going to hand you what's been marked as

Government's Exhibit 149 and ask you if you recognize this. A. Q. A. Do you recognize that, sir? Yes. What is that? That's going to be the DVD of the recording of

the interview with Carrie Neighbors. Q. Have you had an opportunity prior to coming into

court here today to review that recording?

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A. Q.

Yes. And is that a fair and accurate recording of the

conversation that you had with the defendant? A. Q. Yes, it is. I'm going to hand you what's been marked as

Government's Exhibit 149 T R and ask you if you recognize that? A. Q. A. Yes. What is that? That is work -- someone has -- it's the

interview. Q. A. Is it a transcript of the interview? Transcript of the interview that I had with her

on December 2nd. Q. And prior to coming into court, have you had a

chance to review that transcript? A. Q. Yes, I did. And is that transcript a fair and accurate

transcript of the conversation that you had with the defendant on December 2nd, 2005? A. Yes, it is. MR. OAKLEY: Your Honor, at this time I'd

offer Government's Exhibit 149 and 149 T R. THE COURT: MR. DUMA: Any objection? No objection, Your Honor.

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THE COURT:

At this time the court admits

Exhibits 149 and 149 T R. BY MR. OAKLEY: Q. Detective Hanson, you said even though you

weren't involved in this investigation prior to December 2nd, that you had a chance to speak with Officer Rantz about the undercover operation that he had conducted. Were you aware how -- how many times he'd

gone into the Yellow House Store at the time that you talked to the defendant? A. Didn't have an exact number. I just knew that

he'd been in there several times. Q. And so, during your conversation with the

defendant, did you talk to her about that? A. Yes. MR. OAKLEY: Your Honor, at this time, I

would request permission to publish Government's Exhibit 149, which is the DVD along with the transcript. It's about 38 minutes. THE COURT: MR. OAKLEY: THE COURT: 38 minutes? Yes, sir. Yes.

(Exhibit being played.) BY MR. OAKLEY: Q. Detective, let me direct your attention to the

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beginning of the -- the audiotape.

It sounds like the Is that

first couple minutes occurred inside the store. correct? A. Q. That is correct.

And on the -- the bulk of the audio, it appears

that -- that it was you along with the other officer in the car, Officer Heffley, and the defendant. But

initially, there were a couple other people speaking. Were those other Lawrence police officers? A. That would have been Sergeant Tarik Khatib, and I

believe Officer Jay Bialek was present. Q. A. Q. A. Q. TK, did that signify Sergeant Khatib? Yes. And JB was Jay Bialek? Yes. Okay. And then after that initial conversation

in the Yellow House Store, you then moved into the patrol car? A. Yes. It was an undercover detective car. It was an It

wasn't a white car with lights on it. unmarked detective unit. Q. car? A. Q. That is correct. Yeah, I keep saying patrol car.

It's an unmarked

And at some point, there was a -- another woman's

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voice signified by UF. female? A. Q. car? A. I'm assuming.

Does that stand for unidentified

Was that just somebody wanting you to move your

It was the lady I believe that owned the plumbing

business next door that come up and asked if I could move my car. Q. Okay. The -- and the -- the CN signified Carrie

Neighbors for the defendant during the transcript, correct? A. Yes. MR. OAKLEY: Your Honor. THE COURT: Regards to your I don't know I have no further questions,

cross-examination, you're welcome to it. how long you think you're going to take. MR. DUMA: questions. Thank you. THE COURT:

Judge, I'm going to take no

There being no further questions

of the -- of the witness, at this time was the witness subpoenaed to appear? MR. OAKLEY: THE COURT: Yes, Your Honor. Are you asking that he be

released from his subpoena?

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MR. OAKLEY: THE COURT: MR. DUMA: THE COURT:

Yes, Your Honor. Any objection? No objection. At this time, sir, you are You are excused. You're

released from your subpoena. free to go.

The only thing that I'll ask is that you

not discuss your testimony with anyone else as you leave. THE WITNESS: THE COURT: Yes, sir. Thank you. Go ahead and take Again,

our evening recess at this time, jury members.

I'll remind you of the admonition that you hear in the evening. A little bit longer than the one during the

day, which is again, no one's to talk to you about the case. If they do, please let us know. It's not proper

for anyone to do any type of independent research or investigation, that's not allowed, as well as participate in any form of social media. Also, you're

to disregard anything in the media if there were to be anything from any source. As you head back to your

vehicles, you've heard this before, even among yourselves, you can't talk about the case. that in mind. Please keep

And also as a reminder, for anyone at

home who may be interested in what you're doing and what happened today and what you think, again, all of that

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really is not fair to the parties, and it would be improper, so hopefully I'm not causing problems at home, but you can't talk about it at home. If we could have

everyone back tomorrow morning a little bit before 9 o'clock. Thank you. (4:32 PM, jury left.) THE COURT: Court stands in recess.

(Whereupon, court recessed proceedings.)

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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 S/_______________________________ Nancy Moroney Wiss, CSR, CM, FCRR 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 Three - Jury Trial - Pages 282-501 is a full, true, and correct reproduction of my shorthand notes as reflected by this transcript. SIGNED March 4, 2011. C E R T I F I C A T E

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