Neighbors Original Attorney Sarah Swain Filed the FBI Impersonation Complaint Against Lawrence Kansas Police Dept. In The Neighbors Federal Cases

7/21/2019 Neighbors Original Attorney Sarah Swain Filed the FBI Impersonation Complaint Against Lawrence Kansas Police D

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TH SWAIN LAW OFFICESarah G. SwainAttorney t Law

001 Mi8lOuri, Suite 8Lawrence, KS (j(j()4478.5) 842--2787

wwwJawreocecriminalattomey.com

110 N. Cherry. Suite 240Olathe, KS 66 51866-5.;[email protected]

FAX C()Vt:.R SHJ:J::f

DATE: 6 30..()6

FAX TO: Bob Schaefer FBI

F A X ~ l J M B E R816) 512-8545

SENDER S NAME , FAX NUMBER: Sarah G. Swain @ 785) 842-2787

RE:

PAGES: 1

COMMENTS;

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2/18

TH SWAIN LAW OFFICESarah G. SwainAttorney t Law

601 Missouri. Suite8Lawrence, KS 66044(78.5) 842-.2 187wwwJawrencecriminalattomcy.com

110 N. CherTy, 8uib: 240Olathe, KS 66 51866-5.;[email protected]

FAX COVt:R SHEl-:-r

DATE: 6 30..()6

FAX TO: Bob Schaefer FBI

FAXl\1JMBER: 816) 5128545

SENDER S NAME , FAX NUMBER: Sarah O. Swain @ 785) 8422787

RE:

PAGES: 1

COMMENTS;


3/18

J"age 1 Y 01 LUUntitled

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WOOD INVESTIGATIVE SERVICES, INC .

I. L i I ~Helm.ofla ....fUl 1111. hein" full)' S'II'IUtn up.,n 0IItb. It :""'\tl. in 1I.'1r1vMoveh ~ * ' .I ""'1111 ccml.lM;t"db" two men while 1 w., ...."iUI ill. my

bl'Olhets lRi1 M o y b m ~ 1 )r t I ~1.x:aIIIIJ lit noo Har$Icr.C...... l..Ilwreace. Xs. lamUMWt' of hl: dat but J I reeldl It - . . " v m l weekI , , 0 and It WIll auri:r.II the WMk. (btlie'\lc. "'1\ ( .un nut CCftIliA.thAt 1bc da1e me. twO men ~ 1 1 f t l I C r . d. . . . . imen'iInwd meWII.\fa'dJ 6. betwem9:00 IJ'J\ )0:00 .. m.

TItlt. I ~ ~twO men. a p p r u e c ; h ~l r ~ '~ s t d ~ I ' k . ' l:wi _c.-d to spnk withme. II "!.wilt _-rille t t . aina f tI"I 85 II "'01. "OS", .. linlc beny aod .13oft...,bIoI* hair.lbi:c tIIIIIt did 1Q(1 It of lhe hI\ill8 duri. . . . eonIICt. tie 't8id Iris . . . . . wllK:b I . . . .I'f ClIiLIIJId 'i:wd ~ J w ~w ~ r k e iwith Iht F ~ 9 ~ of i p d D I l .l i t did net lIlY'oJ u l l ~ . :",1\1 'Ia; \Inti .. 'lI.I eIlInQ: Ie, ("he JIICond IIMID.. . , . :I 11m. sIIort GIrt . . . .

....--.. I ) . . a biuer build _ dlr: fim JMn. TIlle -=ond did DOl .. rntICb, T1w'1.'t"',, I ' l:\" .bll ' ~ I I I J k '1 .Iac not ill rmuble. but Guy IBldCII/til! Not,tbJrs were. Botnmea "core ~ J a r I ~dreued JQ a.od They both -.we a bw:laema dei, . .IIld hIal suns in ho(5lert made ot'light .:oIor leather Ut.l_ alto worn tbeir weilL

TtI.lI. I ~ fIt'S( tOloll\ I ( l ~ 'JIll : "bad to tall.. tl) IlwIn." l uked II m if il "'hId to b'Itoday;' He _ il diu "'It!law ( 0 be t o d a ~.:.wd t ~ iI CI.''' .c.! W . : ~ * k dh: tUU\lYllU1t.:1&" , . , T ~ - . . " f \ IA:tUl1iled lh-.' ' 1 ~ S~ ;11)1: rk;'"., :TIe ~ in 1 .i.:t,io: 'hIuc ~ : V 'i t,'dUe". :JIJ f1I)t wCl t {O If(' with lhe:n. tNt Iei[ lrum tbe way they . . . . . . i q dial I didnor . . . . ;a ,hoict.:'. T ~ ...."' .. inC t.,) IhIt l ~ ,..,.icc at 1 an4\ l . c J s ~~ l . a ~ n c ; c .K.'S. ~ ~ Wen! I1I5ide;be 1Q1cti:nt tnmI8b an uJlllidedoor. m : d rlw mrn omtcrin8 In a pllt:i c'* !O the i ~ doM that a J ~us In,..1M poik.y ~ t ;\'e lU lU inl, on invntell'- I 'O.)m -1M:re hudI l'lIen flIIked to lII t.They qlM'5t:.wtd me . t l l IC1bIi I . $Old " ' Ilk 'rdJow HUI.IN ... the.,... TIler IONnMt hc, olotairwd m7" . . . . . . hroUJh dJ lduI dJalwere writrerl by the Yellow f1oase..

TbaL itc r t b r : ~;,{uonOAtdme ti'Jl' ~ hour to I I I how IDd MIt _ dwD dIoCIme blck to WI , 'Iowu:. Dtlrirtf'Ihc dth'&:home &be:r r . . . . huIirJaa IWd widt soldIcnaint "",!t. I ~ e mu,lect'd hen ~ r d .11tt:y told . . o call i f l doecidedto .orIt i trrn.em ,., 1-..... \' .:I"'u. H o w e ~ They 08'.... me S5O.00 fbt eIdl U . 1 Mlvid bewiUiDltIJIIIiIIIlJJlto ..u _len . , the V.uow Hou:Ie.

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11& Jdkt GOlIiid lib rbad cboioI in bIIkinIwtIItdille mea _ 1bid to 10 to_ JfIlIion wkb or 1wouJd baw bela ill1I'OUbIr."Tba. . , . . . . Jilft on o {c:oa\Ktltd by ~ tWIcy Eddi$.

. IWI ~ l l f t I I e t10 am "lift ' . Ud acclllnlld. He 'I01d _ dill I could not beinYOlYld in dai. I WOft for U. i f WQlBeG to 10 my pfObIdmI CIIder. I. . . . . . , 1lIY t inns (If workinc_ilb the polic:e aDd dwIn f .-OUJd 1101.

n J . , . cemiD 1bavt . . . _ _ men tJefort . . I tbcv . . LaWl'llll:trOft1cm IUJd 111M redcnl..,1I. T1X first mati dcarfy identirlCd" himself :Iw

"r,!Q.'t" 1Dur.:.w ' In''QlJfllllOO.''

AFFIANT!" SAYS NOT," ~

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5/18

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. . . . ,atra 3 7 2 - oCtc...1. . . . .L a w. . . , KS. 'All actcmpt was made to coatact Bad at chi.8dcIr.e.ss. The man nSdiua at tbis dupJe.xRpo.rted. . . . . _ Perioo.this 10000000u and be did not bow the name. ADotherpossible address waslocatec1 for BJMt Perk.o:Possib1eadd.Ies8:4SOO 0verI8l Drive ##1OSLawnmee, Ks.

Brad called.the office fi:om 7B5-B41.(f1.27. .ArJ:aDpmems wen made for an interview OIl0312212006 at Culver" at 4:00 p.DL Brad MpOrtedhe wauted to thissi1udoa oat. He said he had ia to lee Carrie Nei sbe toldhim DOt to come t.oklllOUl.ld . She told him to CItIlme aDd talk about 1hiBaitoItioDbeIi:nbe tetunlcd.

Brad NpOtteclhe was NCeD.t1y coalackId by Lawrence Potice Detectivee. He recaIIod ODDDetective _ lay Bialek. He did DOtbow die o1ber Detective but be dca'ibed him as aw'-4 O ~ ' ,witb short brown hair oom.bod on CbD side. Bnd laid he was at a tiiend'sapIII1mcmtOIl RaJbud Street 8pJWO.Iim8teIythree weeks 810. He saidhe was JeaviDatheapatlDieDllDdwa1kiDa to the ftont locked entry way wbaa he saw the l>cIIIBcU:VCII at tao&oat Iodceddoor attahiptiDsto ~ thr: Iock." Btad aid he is ecdIIia theCOJ*bid tohave fbllo WtlCl him over to tIIisRedbud address, beaulle he knows of DO other way they-. knew be was tbme.Brad said Bialek told him the Yenow Houaehad bceo UDder focIenI iDvcIstiptioD for?-8IDODtht.He told Bad, Carrie has beIDUDder federal and She iI aoiaIdown" aad "She will take her husband with her." He fUrther said the FBI hid him (Bnd)on SUI YeilJaDce tape at tJJe Yellow HOUJe tIkiD in a drill He said they quesdODBdbimabout t:i tD drill. He exp1aiaed to them t . t lie has done II'IJtobody wOJt for . . . . aad hada lot of1ool8. He IBid the: detectiY'CItold him. We blow you are in troubIe.- BI1Id aidBialek aJao toW him, "We kaow you know what's going down." Bialek told him bewou1c1get bim 'bDlpwiththo (6) IIlUIlicipalciaatioas be bad ifhe wouldbllp them with fbiYellow Houac ia'ft8tiprion. Brad IJIddhe told tbeol lao would daiak about it, but be mewhe would DOt help tbem. Bnd aid be wouIdD't do cbis be . . . fIi.eDdIwitb OuyaDd Carrio. H e Detectivesat the LKPDbad also tied to Jdm. in tile pIIllDdhave DOttQDO tJavuab.with their promiIeI, 1 0 he did bOt wish to help than 8IIYIonpr.

Brad taid while tile Detectives were taIkiDg to hi1D (JUhtide of1he . . . . . -..lIuildiaa onRedbad Stlwtthey started to hmd him a buIiDeII CIId. He IIid GIld he aoId1baD DOtbe&.Ins him their ia pubJio. He said he fold Bialek 10 drop his ' oard on thepouaI aad be wouldpick dae card up leter. He.aid didpiet tie cant up. He IIid. .was the en he accideDtal1yhanded came ( J M day at the Yellow Hcue. Brad IIid bef i . . - the J:>etDotives'werlt tIdptiDg bUn to work with them becat.-. he bad theae p:iortickets. He eIJo IBidhe 'MIS stupped about 1 %DlOIIt1Ltago a t tiobted 1br a DWS.

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6/18

Brad Aid Tcrik Katib is 8pJJ8Iently the .o.t:.otive". su.peI'Y1tot. HO aid Tarik doea DOlike him. Brad fUrtherexplained that he did a lot of ia1brmaut WOIk for the LaWl'lllCePolice deparlmeDt in the past. He said, more specifiealJ.y, he did a lot of wOJt for OfficerScott Peck. Brad IAIklhe was the CoufldentiallDfonDlD who 811isted Pede illhis chuareJattd iuvestiptioas wbeo he was wiIh11m police depIdmeot. He IIIid Peck

fiN by Judge MaloneBDd

he was aceusedof talaify.iDehis aftidavits. Bmd aid heWIll

wentuaJly expoeed at the CI and 1he Judp said that he (Brad) was not a tnJatwoItbywn-ss or iabDlllDt IDd that is wby Peck was u1.timateIy fintd.

Brad said it WIll apJmximltely tJxn; -weeks 8&0he went to see his tiiead JesseDelCampoat his resta1nIlt wrhe Slow Ride in north Lawrence. He said he saw he sawa lot of cops in there eatiDg and driDkiDg. Jeue told Brad later that after he left, the eopstold him to stay away fromhim. Brad _cllllo Slow Ride is a De w .baDa out for1be cops.Brad noted it WIll sbortIy after he went into 1IIcSlow Ride that the detl:lctivesCODl8Ctedhim on Redbud 8tJeet about the Neighbors.

Brad said. be was at Kohl'. last week aad he saw Bialek comiDa out of the back room ofthe s b e He said they D small talk aDd Bialek asked if he had liven-ymantboutJId to what dley ta1bd about eartier. He IBid Bialek admitted. :KaIib"had it out 1brhim. He said oops apparCDlIydiclDOt like the persooaI relaIkmIIIipbe (Brad)hadwith Pcck.

Bntd saici his old gidtiieDd is Kim Filcbar. Kim is a si8terto c r ie UriJaDek. c r ie/-- , UrbIDekWOIb for tho Doual-Coualy Sberiff's Depadmeat Dna Uait. She is married

to LiouteDtImtRay Urbanek.

Bad saicl be beIicm8the two pawn shops iDtown raiIiDg hell about the yellowHouse. He thinks this mighthave been ODe of tile teaIODS they 1 f t beiD 'bqeted

END OF INTERVIBW

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7/18

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W. Ronald Olin. AI.D.Oaief of Police

April 20, 2006

Sarah Swain, Attorney at Law601 Missouri, Suite 3Lawrence, KS 66044

Dear Ms. Swain:

I am in receipt of email correspondence between you and OffICerBialekregarding the ongoing investigation involving your clients, Guy and Can1eNeighbors. It is my understanding that you wish to speak with the Federalinvestigators involved with the investigation of your c'ients. Officer Bialekassures me that he has contacted the agents involved and has ,nformed them ofyour wish to be contacted. AdditiOnally,I am aware you have been in contactwith U.S. Attorney Manetta Parker who ;s handUng this case at the federal levelfor prosecutIon. The Lawrence Porice Department will not rerease the identity ofany Federal investigator who is involved in the case .

. -

Your most recent email isofsomeconcern.asit could be read as anattempt to report potential criminaf activity. if this is your intention and theactivities in question 100k place in the City of Lawrence. please feel free to t e apolice report with our department. If these activities took place elsewhere.please contact the appropriate law enforcement agency from that jurisdiction Ibelieve Sergeant Mike Pattrick from this department as well as SpeCial AgentBob Shaefer with the FBI has spoken with you in person about these very issues.

Any further correspondence conceming this case should be directed toU.S. Altomey Marietta Parker. if you need to correspond with anyone in theLawrence Police Department, please do so in writing, instead of emailing aspecific officer so that it may be routed and handled appropriately, You arewelcome to address your correspondence to me.

Very truly yours,

~ a 1 ~W. Ronald OUn, Ph.D.Chief of Police

WRO:mrp

lnvestiplion & Tninina Center 4820 Bob Billings Pkwy l.awrence. KS 66049 (785) 830-7400Law EnforcemenlCeat. Pauollt Records Division 111 East Illh Stred Liwmu:e. KS 66044 (78.5) 832?S01

City Hall 6 East 6th SInIel Lawrence. KS 66 44 (785) 832-3()()b

www.Jawrencepolice.org
http:///reader/full/www.Jawrencepolice.orghttp:///reader/full/www.Jawrencepolice.org


8/18

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Federal Bureau of JllvealptIOIln Reply. PIuro Refer In

1300 SummitFilfNa. 194-KC-C81080

July 7, 2006

Sarah.G. Swain601 MissouriSui te 3Lawrence, Kansas 66044

Dear Ms. Swain:

The Kansas City Office of the Federal Bureau o fInves t iga t ion (FBI) i s in rece ip t o f your l e t t e r to Special AgentWalter R. Schaefer, which was facsimiled to the Kansas CityDivision o f the FBI on June 30, 2006. The Kansas City Divisionof the fBI 1s a l so in receipt of a facsimiled Affidavi t which wasal legedly prepared by Laura Helm on April 22, 2006. ThisAffidavi t was received by the Kansas City Division of the rBr on

~ ~ June 2006

As you are aware, Special Agent Schaefer v i s i t ed youroff ice on April 19, 2006, as a resu l t of your publ ic a l l ega t ionsand correspondence to Assis tant United Sta tes Attorney, Mariet ta

Parker, tha t members of the Lawrence Police Department wereconducting an inves t iga t ion and iden t i fy ing themselves as FBIagents .

On April 19, 2006, when SA Schaefer v i s i t ed y u in youroff ice t 601 Missouri, Sui te 3, Lawrence, Kansas 66044, youadvised him,that you had ten to twelve witnesses who claimed tha tmembers o f the Lawrence Police Department iden t i f i ed themselvesas FBI ,agents during an inves t iga t ion .

On April 19, 2006 SA Schaefer requested those namesand you advised him tha t you,d1d not have the names and tha t yourinves t iga to r, Ceci l i a Wood had those l i s t s of names.


9/18

From Apri l 19, 2006, u n t i l June 16, 2006 (s ix ty daysl a te r ) the Kansas City Division of the FBI and SA Schaefer bad notreceived any correspondence or information concerning your

in i t ia l al legat ions.The two meetings you referenced as scheduled with SA

Schaefer in your l t t r dated June 30 2006 were ae t by youwithout ver i fy ing the ava i l ab i l i t y of SA Schaefer.

Any fu tu re meetinqs/interviews should be verbal lyver i f i ed with SA Schaefer. Simply leaving a voice mail mes8ageadvising SA Schaefer tha t you have a meeting se t up on a spec i f i cdate a t a spec i f i c t ime wil.l not guarantee SA Schaefe r sava i l ab i l i t y. SA Schaefer can be reached a t e 1 6 / ~ 1 2 8 6 4 0 .

Sincerely

Kevin L StaffordSpecial Agent in Charge

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10/18

,.

THE SW IN L W OFFI E_ , ;

arah G Swc:Un Attorney at Law

Theno Office Complex Park Cherry Building60 1 Missouri, Suite s 110 N Cherry, Suite 240Lawrence. KS 660 4< Olathe. KS 66051(785) 842-2787 866-550-2787

June 14, 2006

Bob &haeter. Special AgentFederal Bureau of InvestigationIS00SummitKansas City. MO 6+106

Dear Mr. Schaefer:

Enc10sed please find the affidavit that we executed with Ms. Helm. We are stillworking on getting other affidavit's executed. but as I'm sure you are aware, manypeople are too scared to come forward and go public with their accusations against theLawrence Police Department.

We appreciate your efforts in investigating what we beJieve to be police misconduct. Ifthere is anything that I can do to aSHlst you with your investigation. pJease don thesitate to contact me at the numbers or addresses listed above.

Si , r


11/18

LJWo rid com

- ." E-mail slory Printer-friendly E-mail editor o m m ~ n t s(44) iPod r i e n g ~

FBI Inquiry under w y in conduct o p lice

Some allege that officers posed as federat agents

y RQI Knok

Thursday, June 15, 200e

The Federal Bureau of Investigation is questioning Whether lawrence PoHce officers haveimproperly posed as federal agents when interrogating suspects. the Journal-Wortd haslearned.

The FBI inquiry stems from allegations that Lawrence Police claimed to be agents from theFBI when questioning people during the police Investigation of an alleged fencing operationat the Yellow House secondhand shop, 1904 Mass.

'--... "We are attempting to resolve whether or not a person or persons falsety representedthemsetvelas FBI agents, FBI spokesman Jeff Lanza confirmed Wednesday.

Lanza would not comment further.

But sources with knowtedge of the investigation told the Journal-World the FBt inquiry was

prompted by complaints from Sarah Swain, attorney for the secondhand etore. and othenlclose to the fencing probe.

The sources a180 said the FBI was never involved in the actual fencing investigation, butwas onfy involved t?ecause of allegations against the police.,The Lawrence Police Department would not comment for this article becau8e it involvedanother agency's investigatIOn, spokeswoman KimMurphree said wednesday.

Agents from the FBI have already met with Swain and the police depat1ment. in part toestablish that the FBI was not actually involved inInvestigating the Yellow House.

The meeting between Lawrence PoUoe Sgt. Mike Pattrick andFBt Special Agent Bob Shaefer was at the request of Swain,who had heard from YeHow House owners Guy and CarrieNeighbors and others that FBI agents were using the DouglasCounty l w Enforcement Center to inteNiew people who soldmerchandise to the store.

That allegation culminated in a sworn affidavit from lawrence

61J5m06 JO:OIA'..re


12/18

r D J meruit)' unCfet W lY In CO,""",, orpolk;c JUWorId.tom h t t p ; l I w w w 2 J j W o r I d w m l n e w ~ 5 I t. \ ~ \ ~ ; _iRquir)'_UDder_way

'

reektent Laura Helm. who 8aid two men JdentJfyfng 1veIPhoto y Thad Alende[ as FBr agents had taken her from her brother'. home to the

police station to jl JtelView he,.

Carrie Nefghbors walts According to the affidavit the men queattoned Hem for 90for cuatomera in8lde --.. minutes before driving her back to her brother home.aecondhand store, The

YellowHouse, 1904 "They questioned me about items I had sold to the YellowMan. The Federal House in the past, she said in the affidavl. "They told me theyBanau of Investigation oblained my name through checks that were written by theis looking Into the YeHow House."Lawrence PoiceDepalII,aent becauae or Helm said in the aftidavlt that the men had gu and badgeeaIIegation8 that offtoer8 on their belts, and that at least one of the men knew the doorwere pOling as federal code needed to enter the Law EnforoementCenter.agents in a fencingprobe InvolvingYelow Helm is on probation for aUenrpted forgery and 'POrted theHouee. incident to Haney Eddis. her probatfon oft'icer. the afIIdavit

said.During the meeting of Swain, Pattrtck and Shaefer, Swain said both men told her the FBIhad no involVement In the YellowHouse investigation.

-Shaefer told me that the FBI would not be Invotved,Ir Swain said . . . . . . . . . I , no interagencytask foRIe or anything like that.

When Swain contacted the police department to confirmthe FBI's Invotvement in theinvestigation of her clients. Lawrence Police Chief Ron Olin would only conftnn thIIt theappropriate federal agents had been contacted. acoording to a letter from Olin to 8wMl, copy of which was obtained by the Journal-World.

-(LPD)0Iftcer (Jay) Biaktkassures me that he has contacted the a g ' nvolved andinformed them of your wish to be contacted, he wrote swain.

Bialek fa involved tn the investigation of the Ye oW House.

OIn said in the hat he woukt not name any federal investigatols involved. but didmention the meeting behveen SWain, Pattrick and Shaefer. and said that at futitIerquestions should be addreseed to U.S. Atty. Marietta Parker, who ts handHng prc cution onthe federal level.

Jim CI'088, spokesman for the U.S. AHomeya 0Ifice. would not comment on whether hisofflcewas invotved In the fencing investigation.

Polce acknowtedged 888f8tance from the Internal Revenue Service and the U.S. PostalService in a news r from [ ecember When p c b S8fVed an tnttIaIlaald't w........again8t YellowHouse.

The re Ie_ called aneged fencing operation, which entails the purchase and . . . . . . . ofstolen good one of the lalgest. most sophisticated fencing opetation8 we haw aeen InLawrence.-

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13/18

FBI inquiry stalled by laek of formal eomplaiDt

8y RQ..fLKn2 ~June 21 2006Advertisement

A federal probe into possible miscoDduct witbin the Lawrence Police Department has stalled as the FBIwaits for a fOrmal corn.plaint to be filed.

FBI spokesman Jeffl.aDza said no one had come forward with a formal c::omplaintallegiDaanyoneposed as FBI agen1I when questiooiDgpeople in relation to a police investigation of an alleged fencingring at the Ycllow ~ secondhand shop, 1904 Mass.

We cannot move forward without a foJDJal complaint, Lanza said.Lanza previously said he FBI was looJdD& into the matter.

Sarah Swain, attomey for Yellow ~ said she and a.private iDvesligator were worting to set up ameeting betwam the FBI and people who allegedly have been iDte.nogated by police officers clabningto be fedlnl agents.Swain also said a private invmiptor sent the FBI at least ODe swom affidavit that should III Ve aformal compJaint

The Lawrence Police fencing investigation, which began 1a8t year, has focuaed OD the alleged purehaseand resale of stolen aoods through the secondhand store and online sales according to a police news

release fi'om Decemba 2005. .Police have served 8I&'dt wa.ants at the Yellow House and at the home of Guy and Carrie Neighbors,the store owners in relation to the case.

No charges bave been filed as a result of the mombslong fencing investigatiOD.

The police deparbnent bas decli:Ded comment about the FBI inquiry, saying it was apiDst departmentpolicy to discuss another agency's probe.

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14/18

FBI clean Lawrence Police or impenonation anegation

YelJow HOllie Store, owaen' resideaee served. with two more _ftwarn iDoDgoillg feodng investigationJuly 8,2006AdvertiJemerIt

The FBI ba) sit 's ,Zearoo L a ~ n W ; P v l i ~of i l k ; ~ i u ut Wd i:W u l I l ~1mp:a1KXUiWd i FBI ~during the investigation of an alleged fencing operation at the Yellow House used appliance store.

We looked into the situation and found no evidence to indicate that anyone impersonated FBIagem, FBI spokesman Jeff Lanza said Friday.

The news came the same day the U.S. Postal Inspector's office, assisted by I..awrmce Police and theIntemal Revenue Service, served two more search warrants at the store at 1904 Mass., and at tile homeof owners Guy and Carrie Neighbors in the 1100 block of Andover Street.Authorities saidthey were looking for e--mail surveillance tapes, receipts, computen, sealedmerchandise andsales records from the oaIine auction serviceeBay.

Photo by Th


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Missing EVIDENCE eads to + :Jr. cover up conspirac :JDate: Thu, 6 Mar 2009 08:25:52 -0600

Missing evidence creates serious consequences in criminal cases.When evidence is discovered missing from a Police department evidence room, protocol would be for a promptinvestigation by an outside agency such as the FBI. To avoid the appearance o cover-up and corruption, and toprotect the Constitutional rights o the accused, one might expect an investigation would take place to find outthe validity o the complaint before a Prosecutor would pursue an indictment in a case connected to the missingevidence, and chain o custody violations.

Yet in August o 2006, After the YeHow House Store owners Guy and Carrie Neighbors were told by LawrenceKansas Police officer Jay Bialek they could have several expensive laptops returned that had been improperlyseized during the December 2005 execution o a search warrant they could not be found in the evidence room.Two Lawrence police officers went twice to the evidence room looking for the laptops then admitted they couldnot find the laptops in the evidence room in the presents o attorney Sarah Swain and the city attorney Mr. JerryCoolie, Lawrence police officer Jay Bialek informed attorney's and the Neighbors at that point that he wouldreturn the laptops to the yellow house business owners in 2-weeks. The missing evidence to this day has NOTbeen returned.

In response to the missing evidence the Neighbors filed numerous complaints to the police departments InternalAffairs Sergeant Dan Ward, addressing the missing evidence, search warrant issues and chain o custody

violations.

CONSPIRACY:These Formal complaints to the Lawrence Kansas Police Departments Internal Affairs were forwarded to AUSAMarietta Parker, Federal Prosecutor Terra Morehead then filed a frivolous Federal Indictment against both theNeighbors, accusing them o being unlawful users with firearms in a hurried effort to cover-up the complaintsand interfere with any possible pending investigations into the missing evidence Even though the chain ocustody violations, search warrant issues and missing evidence, can destroy the prosecutors chances o a futureconviction in the case.

FROM 2005-2009 (PRESENT)

The Federal Prosecutors, and Police officers in this case have continued to conspire and cover-up, for missingevidence, and police corruption, by having the Neighbors repeatedly Indicted, arrested, incarcerated, selectivelyprosecuted, subjected to warrantless searches, subjected to repeated sting operations, and denied due process olaw.

1.2006 Federal Indictment for Unlawful user with firearms,(Absent o any criminal history, this case wasdropped by the prosecutor, then refilled one month later as a new case, the refilled charges included a strongarmed arrest o the Neighbors in their home by the Postal Inspector & IRS Agent, 8 hours o detention shackled


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in a cold cell without food, a false press release by the Prosecutor stating they were indicted for drug distribution.And an illegal warrantless search of their entire home. The second indictment including the gun charge wasdropped the second time by Federal Judge John Lungstrum for speedy trial violations) Manufacturing Marijuanawas added to the second Indictment and that charge was left standing. Even though the Police began searchingthe home at 9am December 3 2005 but did not get the search warrant signed by Judge Six until 1 30 that day.

2. The Neighbors then filed a Formal Complaint to Internal Affairs Sergeant Dan Ward that Lawrence Policeofficers Micky Rantz and Jay Bialek were posing as FBI agents, to intimidate witnesses and cover-up for the factno FBI was involved in the Investigation the Federal Prosecutors were conducting against the Neighborsbusiness. The Formal complaint was forwarded to AUSA Marietta Parker who then sent down FBI agent WalterSchaefer from the Kansas City FBI who used the fake name Bob Shaefer to stage a fake FBI investigation intothe Neighbors complaints and cover-up for the police misconduct. The FBI Agent announced to the media thatthe Lawrence Police had been cleared and the same day to retaliate the Federal Prosecutor had the LawrencePolice, Postal Inspector and IRS execute two more search warrants on the Neighbors business and home.

3. In 2007 An UWorld reporter Ron Knox and the Neighbors were all told by the Kansas City FBI, the FBIinvestigation into the police misconduct complaints by the Neighbors never took place. The Kansas city FBI alsostated they had no jurisdiction to do investigations in Lawrence Kansas. The Neighbors were to ld by the KansasCity FBI to contact the Topeka FBI. The Neighbors met with the Topeka FBI agents Scott Gentine and DentonMurray and gave them copies of the formal complaints connected to the missing evidence and policemisconduct. The following week Dave Bryant also filed a complaint with Topeka FBI agent Scott Gentinebecause his guns that had been stolen during a burglary, and later recovered in a drug bust were also missingfrom the Lawrence Kansas Police Department evidence locker, and he had found them being offered for sale inthe 23rd street Pawn Shop.

4. In an effort to cover-up for the fact the Neighbors had found out about the fake FBI investigation, thefollowing week the Prosecutor Marietta Parker filed a 19 count Federal Indictment against the Neighbors formoney laundering and Ebay fraud . And made the public false written statement the case had been investigated

by the FBI.

5. To further the conspiracy, in August of 2008, the Federal Prosecutor Terra Morehead had the Neighborsarrested on Federal charges by the Postal Inspector David Nitz, for Federal Obstruction o f Justice

(The Federal Obstruction charge was based on the fact the Neighbors requested KU Detective Mike Riner takethe Laptop and copy the information about the seller, but allow them to have their attorneys handle turning overthe original sellers form on Monday).

This was a State Investigation by the University Police into a laptop stolen by Robert Sample from KU, that hadbeen sold to the business. Even though the business owners had cooperated with the investigation, a searchwarrant was served on the business during which the police stole the businesses surveillance tape and replaced itwith a blank tape. The Neighbors were taken into Federal custody August 8Th, and incarcerated for four days inthe Douglas County Jail, Aug. th they were transferred by the Postal Inspector David Nitz from the DouglasCounty Jail to the Kansas DOJ for an initial appearance, from there the Neighbors were transferred to theLeavenworth Maximum Security Federal Detention Center and imprisoned until Aug. 18th. They were releasedand on the 19th of August Terra Morehead Indicted the Neighbors for Federal Obstruction o f Justice . OnMarch 10th in connection to the same case, Robert Sample plead guilty to misdemeanor theft in State Court.


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The only bad mistake is the one from which we learn nothing


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KUK NS SOffICe of Public Safety

October 8, 2008

Carrie and Guy Neighbors1904 Massachusetts StreetLawl'OJ1(:e,K a n s 66 44

Dear Mr. & Mrs. Neighbors.

On September 16, 2008, you delivered a written complaint to the UniversityafKansas PublicSafety Olfice. Captain Schuyler Bailey was the department representative wba received yourcomplaint. Your complaint alleges that on August 13, 2008. a member of he Univcnity ofKansas Public Safety Office, Detective Michael Riner, committed perjury during testimony inFederal court.

y way f this letter, I am notifying you that your complaint has provided to the U.S.Attorney s Office. lbat office is the appropriate investigative agency to receive acompiaint ofalleged perjury-in Federal coutt. The following individual may be contacted should you wish to

provide any further infonnation regarding your complaint against Detective Michael Riner:

AUSA Marietta ParkerS Statt; Ave.Suite 360Kansas City. Kansas 6610 I913-551-6730marietta.parker@usck .i.gov

Director

RVO spcc: Marietta Parker

{LOOl 11 26 IJOfflct of Public safetyPubUc safety Building 1501 Crestline Drive, Suite 120 I Lawrence, KS 66049

TIS) 86

Documents

Neighbors Original Attorney Sarah Swain Filed the FBI Impersonation Complaint Against Lawrence Kansas Police Dept. In The Neighbors Federal Cases