Case 2:07-cr-20073-CM Document 167 Filed 07/06/10 Page 1 of 9

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

IN THE UNITED STATES COURT

FOR THE DISTRICT OF KANSAS

UNTIED STATES OF AMERICA

Plaintiff,

v. Case No: 07-20073-CM

07-20t24-CM
08-20tOS-CM
CARRIE NEIGHBORS,

Defendant 1,

GUY M. NEIGHBORS

Defendant 2,

DEFENDANT ill'S REPLY TO PLAINTIFFS RESPONSE TO

DEFENDANT ill'S MOTION FOR RETURN OF PROPERTY

COMES NOW on this _~~y of July 2010, the Defendant [1], acting as a pro se

litigant, is filing a Reply to the Plaintiff's Response to the Defendant [l],s Motion for Return of

Property. The Reply is as follows:

1). The Defendant [1] can prove that there is a major discrepancy in the returned property,

whereby, it is going to take a court to order the Plaintiff to produce a true and accurate itemized

list for the court, as well as to preserve the integrity of this case, the Defendant can follow what

the Plaintiff is actually returning.

Reply to Plaintiffs Response to Defendants Motion for Return of Property Page 1

 Case 2:07-cr-20073-CM Document 167 Filed 07/06/10 Page 2 of 9

2)." For two years, the Government has repeatedly informed the defendants that it would

return to them all non-contraband items in the government's possession that it did not intend to

use at the trial ofthese cases or for sentencing purposes." The Government has already

randomly returned property to the Defendants several times during the course of this case. The

Government returned property and copies of business documents to the defendants, then came

back 6 months later with a second search warrant and seized the copied documents of which the

originals were still in the Governments possession, along with the same various items of property

again. Now this same property once again is being offered by the Government along with other

newly added randomly selected items. Among the items taken during the searches are items that

the Defendant [I] can show this court were family heirlooms including expensive jewelry, shoes,

clothing, toys, i-pods and mp3 players, camera's, computers, stereo, bikes, video games, DVD &

VHS movies, tools, merchandise purchased by the business from individuals that had an

absolute right and proof of ownership, valuable firearms collection, inconsistent to the property

offered by the Governments changing "conflicting lists" of items it wishes to return without

explanation or through proper procedure of due process, risking the integrity of both this case

and the court.

The Government over the past 2 years has told the defendants counsel's it should return

80% of the evidence to the defendant, however has been unable to identify exactly what is to be

returned, the location of the items to be returned, or identify the procedures in place to protect

the integrity ofthe evidence before this court. Even between April 12, 2010 and June 26,2010

the list has changed. [See Defendant's Exhibit I provided by Defendant [1]'s counsel and

Governments exhibit from [doc. 255-1]] Since the original seizure and detention of the property

in 2005 and 2006, No hearing has ever been held in a court of law to determine the probative

Reply to Plaintiffs Response to Defendants Motion for Return of Property Page 2

 Case 2:07-cr-20073-CM Document 167 Filed 07/06/10 Page 3 of 9

value of any of the detained property, what should be retained as evidence or what should be

returned to the Defendants as required by the Defendants right of due process and equal

protection under the 14th Amendment, including many items that the Defendant's would still

have a claim to, but are no longer in the Governments possession. " ... nor shall any State deprive

any person oflife, liberty, or property, without due process oflaw; nor deny to any person within

its jurisdiction the equal protection ofthe laws. "

3). The Government has provided copies of the inventory reports of items seized but which

have not been catalogued using a Bates stamp method. Rather the property was inventoried using

the customary inventory system of the Lawrence Kansas Police Department [LKPD]. Defendant

[1] is prepared to show this court that the LKPD inventory lists have been altered, serial numbers

have been changed or not documented at all, and items on the inventory list were not actually

inventoried into the evidence room, but were word for word copied from another list left in the

Defendants possession. Planted Property that was never in the Defendant [I]'s possession is

listed as returned to its rightful owner, Required procedural Photo affidavits of victims are

missing from the discovery, photo's of evidence were taken prior to the investigation or first

seizure in 2005, a planted rifle was placed into evidence absent a documented serial number,

Defendant [1] can verify victims are fabricated on the evidence logs including signatures, items

listed as "returned to victim" were in fact not returned, seized items that were never reported

stolen were returned to individuals or businesses with no proof of ownership, without proper

procedures, in violation of Defendant [1]'s due process of Law. Defendant's ineffective counsel

have failed to motion for a suppression hearing, and ignored requests by the Defendant [1] to file

a motion to secure the return of Property for his client under FRCP 41 (g) as required by statute,

claiming it to be frivolous.

Replyto Plaintiffs Response to Defendants Motion for Return of Property Page 3

 Case 2:07-cr-20073-CM Document 167 Filed 07/06/10 Page 4 of 9

"The movant must establish lawful entitlement to the property, " and "[t}he court should afford
the movant an opportunity to meet this burden, which may include, but does not require, an
evidentiary hearing." Jackson v. US., 526 F.3d 394, 396 (2008) (citing United States v. Felici,
208 F.3d 667, 670 (8th Cir. 2000).

Rule 41 (g) provides, in part, that "[aJ person aggrieved by an unlawful search and seizure of
property or by the deprivation ofproperty may move for the property's return. " A Rule 41 (g)
motion is governed by equitable principles. Floyd v. United States, 860 F2d 999, 1002-03 (lOth
Cir.1988)

While the government has a legitimate interest in maintaining control ofproperty relevant to
H ••••

the prosecution and sentencing ofa defendant until his criminal proceedings are final, (4) it must
establish the property seized is actually relevant to that process" [US v. Nelson, . No. 05-6091
10th cir. 2006J

THEREFORE the Defendant [1], acting as a pro se litigant, is filing a Reply to the

Plaintiffs Response to the Defendant [1]'s Motion for Return of Property under FRCP 41 (g)

and PRAYS the Court in order to protect the integrity of both the case before this court, as well

as the integrity of this court grant a Hearing as due process of law requires, due to the

discrepancy in the returned property.

Respectfully submitted,

C eighbo s
Defendant [1] / ro Se Litigant
1104 Andover
Lawrence, Kansas 66049
(785) 842-2785

Reply to Plaintiffs Response to Defendants Motion for Return of Property Page 4

 Case 2:07-cr-20073-CM Document 167 Filed 07/06/10 Page 5 of 9

iS 1 • £ .Qu; ,2

> Date: Mon, 12 Apr 201009:40:13 -0500

> Subject: FW: Neighbors property
> From: john@dumalaw.com
> To: studlo64dude@hotmai1.com
>
>
>
> Carrie
>
> Attached is the llst of property we can get back from the Lawrence PD.
=> After reviewing the same give me a call.
>

>

> Thanks

>

~J9hn .....
>
 Case 2:07-cr-20073-CM Document 167 Filed 07/06/10 Page 6 of 9

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

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

02-06-9251
Item #16 unknown brand computer CPU

Item #30 unknown brand computer CPU (black)

Item #31 unknown brand computer CPU (tan)

02-06-9266
Item #20A Gateway CPU, serial #0027007917
Item #23A Compaq Presario CPU, serial #9028DTZGS203
Item #23B (2 ea.) computer hard drives; (1) Western Digital and (2) Quantum
brands
Item #26 misc. Yellow House documents containing passwords
 Case 2:07-cr-20073-CM Document 167 Filed 07/06/10 Page 7 of 9

Case 2:07-cr-20124-CM-JPO Document 255-1 Filed 06/28/10 Page 1 of 2

Exbibit-1

PG3-6 (6) compact discs and (3) floppy disks

PG3-7 (6) compact discs and (1) floppy disk
PG3-8 (2) flash cards and 1 RadioShack flash card reader
PG3-9 (9) compact discs and DVDs
PG3 - 10 Lexar 32MB flashcard
PG4-2 UPC and address label
PG4-3 UPC and address label
PG4-9 Boss 250 car amp and 1 JVC car stereo without faceplate
PG4 -14 set of documents, scraps of paper with notations
PG4 - 21 bag contains US Post Office blank forms
PG4 - 23 (2) new US Post Office Mailing boxes
PG4 - 27 tax return
PG4 - 39 address label
PG4 - 50 purple Trek 830, serial #WTU1962673M

02-05-13543
PG7-5 plastic bin labeled Yellow House containing
employee records
PG7 -14 128MB media card
PG7 - 16 Bundle of blank UPS shipping papers
PG7 - 26 mail; UPS invoice document addressed to Yellow
House
PG7 - 32 (6) US Postal Service shipping, unused
PG7 - 102 RoJodex 'file
PG7 -110 Dell 1.6 GHz. Inspirion 6000 laptop computer
model PPL12L in sealed shipping box addressed
to Kenneth Roberts wI eBay sticker, serial SVC
code: D3GFZ71

02-06-;9251

16 unknown brand computer CPU

30 unknown brand computer CPU (black)

31 unknown brand computer CPU (tan)

 Case 2:07-cr-20073-CM Document 167 Filed 07/06/10 Page 8 of 9

\ -------------------------
..

Case 2:07-cr-20124-CM-JPO Document 255-1 Filed 06/28/10 Page 2 of 2

• i
,-
f

I 02-06-9266
6 Kodak EasyShare CX6445 digital camera (serial number
unreadable)
7 Nikon Coolpix 4600 digital camera
20A Gateway CPU, serial #0027007917
20B (4) multi-media memory cards and (1) USB reader
23A Compaq Presario CPU, serial #9028DTZGS203
23B (2) computer hard drives; Westem Digital and Quantum
brands
25 VHS video surveillance tape
26 misc Yellow House documents containing passwords
53 Magnetic Data Technologies Hard Drive 40GB
 Case 2:07-cr-20073-CM Document 167 Filed 07/06/10 Page 9 of 9

CERTIFICATE OF SERVICE

[Pursuant to KSA 60-205]

The undersigned also hereby certifies that a true and correct copy of the foregoing
document in the above captioned matter was deposited in the United States mail, first class
postage prepaid, addressed to:

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

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

On this 6th day of July 2010.

Reply to Plaintiffs Response to Defendants Motion for Return of Property Page 5