IN UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF KANSAS

UNITED STATES OF AMERICA

V. CASE NUMBER: 07-20124

GUY AND CARRIE NEIGHBORS

DEFENDANTS GUY AND CARRIE NEIGHBORS JOINT MOTION

FOR CONTINUANCE OF JURY TRIAL

COMES NOW, Guy and Carrie Neighbors, by and through attorneys Cheryl Pilate and John

M. Duma and hereby jointly moves the Court for an order of continuance as to the current trial

setting in this matter. In support of said motion the defendant would state as follows:

1. The above captioned case is currently scheduled for trial on October 5, 2009.

2. On August 11, 2009 the matter came on for hearing on a motion filed by the government

for a mental evaluation pursuant to 18 U.S.C. sec. 4241 and 4247 (doc. 204). Also on for hearing

was a motion filed under seal by counsel for Guy Neighbors (doc. 203). The court after having

reviewed the motions, and hearing comments of counsel, granted the motion of the government and

issued an order placing Guy Neighbors into the custody of the Attorney General for the purposes of a

mental evaluation and report pursuant to 18 U.S.C. sec. 4241 (d).

4. As the ordered evaluation and resulting report may take several months to complete, the

parties are requesting a continuance of the current jury trial setting. Guy Neighbors is asking for a

continuance, as a determination needs to be made if he is competent to assist his counsel in the

preparation of a defense in this matter. Carrie Neighbors would request a continuance, as proceeding

to trial without the co-defendant, who is also her husband, would be detrimental to her defense.

5. This continuance is not being sought for the purpose of dilatory delay, but is sought so the

defendant may dispose of his cases as above stated. It is submitted that the above-stated reasons for
continuance outweigh the best interests of the public and the Defendant’s right to a speedy trial,

which is required by 18 U.S.C. sec. 3161(7)(A).

6. Under the provisions of 18 U.S.C. sec. 3161(h)(1), 3161(h)(6) and 3161(h)(7)(A), the

period of time until the next criminal docket should be excluded in computing the period of time in

which the defendant should be brought to trial under the provisions of the Speedy Trial Act.

Wherefore, Guy and Carrie Neighbors requests the Court to continue this matter from the

current trial setting of October 5, 2009.

/s John M. Duma
JOHN M. DUMA #10760
303 E. Poplar
Olathe, Kansas 66061
(913) 782-7072
Fax 782-1383-
ATTORNEY FOR
CARRIE NEIGHBORS

/s/ Cheryl A. Pilate

CHERYL A. PILATE, KS No. 14601
MORGAN PILATE LLC
142 N. Cherry
Olathe, KS 66061
Telephone: 913-829-6336
ATTORNEY FOR GUY NEIGHBORS

CERTIFICATE OF SERVICE

I hereby certify that on August 11, 2009, I electronically filed the foregoing with the
clerk of the court by using the CM/ECF system, which will send a notice of electronic filing to
Marietta Parker and Terra Morehead, Assistant U.S. Attorney, 360 U.S. Courthouse, 500 State
Avenue, Kansas City, Kansas 66101 and all other counsel of record. I further certify that I
mailed the foregoing document and notice of electronic filing by first-class mail to the following
non-CM/ECF participants: N/A

_/s/ John M. Duma_____

JOHN M. DUMA #10760