marietta parkers motion disputing attorney withdraw for guy neighbors lawrence kansas

8/14/2019 Marietta Parkers Motion Disputing Attorney Withdraw for guy Neighbors Lawrence Kansas

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF KANSAS

(Kansas City Docket)

UNITED STATES OF AMERICA ))

Plaintiff, ))

v. )))

GUY MADISON NEIGHBORS, ))

Defendant. )

Case No. 07-20124-02-CM 08-20105-02-CM

UNITED STATES’ SUGGESTIONS IN OPPOSITION

TO MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT

Comes now the United States of America, by and through the unders

Acting United States Attorney and herein offers the following suggestions in

to the motions to withdraw as counsel for the defendant filed on April 27, 20

above-referenced cases:

Relevant Procedural Background

1. On December 3, 2007, Cheryl Pilate was appointed to represent t

defendant, Guy M. Neighbors in Case No. 07-20124 (Document [Doc.] 29),

August 11, 2008, she was appointed to represent him in Case No. 08-20105

These cases are currently set for trial beginning on October 5, 2009, with th

case to be tried first and the others tried serially immediately thereafter. (Do

Case 2:07-cr-20124-CM-JPO Document 168 Filed 05/04/2009 Pa



bond on the grounds that his publication of false and defamatory allegations

misconduct by case agents, witnesses and the prosecutors in this case cons

violations of federal and state criminal statutes including violations of 18 U.S

Tampering with a Witness; Kansas Statutes Annotated (K.S.A.), § 21-4004,

Defamation, and 18 U.S.C. § 1503, Influencing an Officer.

3. On July 18 and July 21, 2008, Magistrate Judge James P. O’Hara

a hearing on that motion1 but before a decision was rendered on the issues,

submitted an agreed-upon temporary restraining order “which specifically pr

parties in this matter from making any statements, other than to members of

defendants’ immediate family ... in writing, orally or by electronic disseminat

personally or indirectly through any party, including but not limited to any inte

or through any form of communication whatsoever which mentions the name

witnesses, attorneys, potential witnesses or of any persons associated with

investigation or prosecution” of Case No. 07-20123 and Case No. 07-20073

p. 1-2).

4. On August 18, 2008, the provisions of the temporary restraining o

made part of the conditions of the defendants’ bond in the cases styled Unit

Guy and Carrie Neighbors, Case No. 07-20124 (Doc. 132) and Case No. 08

01/02-CM/JPO. (Doc. 27) Each of those orders provided in pertinent part:

of release in the Obstruction Case will track those [which] have been previou




2 See Doc. 128, Doc. 142 and Doc. 165, Motions to Revoke Bond in 07-20124.

3 Counsel also states that because the government has not providedphotocopies of all of the materials relating to this investigation, she “believesrestriction unnecessarily burdens and impairs her work.” (Doc. 164 at 2). T

States respectfully submits that this claim is without merit. Shortly after the was returned in this case in September, 2007, the government provided the with CDs containing thousands of pages of discovery, as well as with copiesstatements made by the defendant. The remaining discovery, mainly consisreports of witness interviews, have continuously been available for the defencounsel’s inspection, in spite of the fact that this reports or interviews of witn

defendants shall comply with the agreed restraining order in the EBay Case

(Doc. 132 and Doc 27, respectively, at p. 2).

5. The defendant, Guy Neighbors, has repeatedly2 failed to comply w

conditions of his bond by continuing to publish false and defamatory stateme

several of the witnesses and about the prosecutors. As a result his attorney

Pilate, has filed motions in both of the above-referenced cases to withdraw o

ground that “[d]espite counsel’s best efforts, Internet postings have apparen

continued. At this point, counsel questions whether she can effectively repr

client.” (Doc. 164 and Doc. 60, respectively, at p. 2).3 The United States re

submits that the defendant has repeatedly demonstrated that he is unwilling

his conduct to the requirements set by the court or to follow the advice of co

regardless of who represents him at any given time. Therefore, the United S

requests that the Court deny counsel’s motion to withdraw because should i




state lines to interrogate and harass people for federal Prosecutor Terra Mo

(Doc. 165, p 1-2). Attached to that e-mail were various documents, one of w

entitled “Notice of Motion Requesting a Change of Venue and to Have Both

Recuses [sic] Themselves from Said Cases as To Avoid the Appearance of

Interest.”

8. In his e-mail message, the defendant reiterated statements that h

false, to wit:

1. Federal Prosecutor Terra Morehead sent Lawrence Policeofficer Mike McAtee across state lines to the State of Florida, toinvestigate with the Jurisdictions [sic] of a Federal agent.

2. Lawrence Kansas Police officers Jay Bailek and Mickey Rapose as FBI agents while conducting Federal investigations for MarieParker and Terra Morehead in the Yellow House case, to cover-up fomissing evidence, search warrant & chain of custody violations and thlack of FBI involvement in the case.

3. Kansas city FBI agent Walter Schaefer, poses as FBI agen

Shaefer, to conduct fake FBI investigations outside of his agencies [s juristictions [sic] to cover-up for Federal Prosecutor Marietta Parker, wis conspiring to cover-up police misconduct.

The defendant is fully aware that all of the individuals mentioned in these pa

are witnesses in the case or are attorneys representing the government. In

un-controverted evidence received at the hearing on the government’s first m

revoke bond and by his own admission that the allegations of sexual miscon

mere rumors, it is clear that the defendant intentionally and purposefully viol



http://slidepdf.com/reader/full/marietta-parkers-motion-disputing-attorney-withdraw-for-guy-neighbors-lawrence 6/135 The false allegations of professional and sexual misconduct by the

more successful in persuading the defendant to conform his behavior to the

the court or to follow the advice of counsel. Therefore, granting the motions

at this point would not solve the problem and would only serve to delay the t

case even further. Consequently, the United States requests that this Court

motions to withdraw filed in the above-referenced cases so that this case ca

expeditiously in October, 2009.

10. Additionally, the United States respectfully submits that the reco

establishes that on April 22, 2009, Guy M. Neighbors engaged in conduct th

constitutes violations of K.S.A. § 21-4004, criminal defamation; of 18 U.S.C.

influencing an officer;5 and of 18 U.S.C. § 1512, witness tampering and that

the terms of the temporary restraining order and the conditions of his bond i

referenced cases. Bond revocations are governed by 18 U.S.C. 3148(b),

provided in pertinent part:

The judicial officer shall enter an order of revocation and detention if, a hearing, the judicial officer-1) finds that there is-

(A) probable cause to believe that the person has committed aFederal, State, or local crime while on release; or(B) clear and convincing evidence that the person has violatedother condition of release; and

(2) finds that-(A) based on the factors set forth in section 3142(g) of this title




there is no condition or combination of conditions of release thassure that the person will not flee or pose a danger to the safe

any other person or the community; or(B) the person is unlikely to abide by any condition or combinaof conditions of release.

Without question, the e-mail sent by the defendant on April 22, 2009,

the latest intentional6 violation of state and federal criminal statutes and of th

conditions of the defendant’s bond. The e-mail also establishes that he is u

conform his behavior to the reasonable orders of the court or to advice of co

Therefore, the government requests that the defendant’s bond be revoked a

be detained until the completion of the trial of this case without access to the

This will ensure that the defendant does not violate state or federal criminal

conditions of the temporary restraining order or his bond and will ensure tha

available to assist counsel in his own defense.

Respectfully submitted,

s/ Marietta Parker, KS Dist. Ct. #778Acting United States Attorney500 State Avenue; Suite 360Kansas City, Kansas 66101Telephone: 913-551-6730Facsimile: 913-551-6541

E-mail: [email protected] FILEDAttorneys for Plaintiff




Certificate of Service

I hereby certify that on the 4th day of May, 2009, the foregoing was e

filed with the clerk of the court by using the CM/ECF system which will send

electronic filing to the following:

John Duma303 E. Poplar

Olathe, KS 66061Attorney for Defendant Carrie Marie Neighbors

Cheryl A. PilateMorgan Pilate LLC142 N. CherryOlathe, KS 66061Attorney for Defendant Guy Madison Neighbors

I further certify that on this date the foregoing document and the notic

electronic filing were mailed by first-class mail to the following non-CM/ECF

Nones/Marietta ParkerActing United States Attorney




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marietta parkers motion disputing attorney withdraw for guy neighbors lawrence kansas

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