DAY 3 Trial of Carrie Neighbors

8/6/2019 DAY 3 Trial of Carrie Neighbors

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USA V CARRIE NEIGHBORS

NANCY MORONEY WISS, CSR, RMR, FCRR

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UNITED STATES DISTRICT COURTDISTRICT OF KANSAS

UNITED STATES OF AMERICA, Docket No. 07-20124

Plaintiff, Kansas City, KansasDate: 9/15/10

v.

CARRIE NEIGHBORS,

Defendant....................

TRANSCRIPT OFJURY TRIAL - DAY THREE

BEFORE THE HONORABLE CARLOS MURGUIA,UNITED STATES DISTRICT JUDGE.

APPEARANCES:

For the Plaintiff: Mari etta ParkerAsst. US Attorney360 US Courthouse500 State AvenueKansas City, KS 66101

For the Defendant: John Duma

Attorney at Law303 E Poplar StreetOlathe, KS 66061

Court Reporter: Nancy Moroney Wiss, CSR, RMR, FCRROfficial Court Reporter558 US Courthouse500 State AvenueKansas City, KS 66101



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I N D E X

GOVERNMENT'S WITNESSES:Micky Rantz - cont'd

Direct Exam by Ms. Parker - cont'd 287Cross Exam by Mr. Duma 450Re-Direct Exam by Ms. Parker 474

John HansonDirect Exam by Mr. Oakley 490

EXHIBITS: OFFERED RECEIVEDCI 1.1, 1.1 TR 424 424CI 1.2, 1.4, 1.5 425 425CI 2.1, 2.1TR, 2.2, 2.3, 2.5 430 431CI 3.1, 3.1TR, 3.2, 3.4 437 437CI 3.6 442 442CI 3.7 437 437Govt's 4.1, 4.1 TR 296 297Govt's 4.2, 4.4, 4.5 290 290Govt's 4.6, 4.7 290 290Govt's 4.8 298 299Govt's 4.9, 4.10, 4.11, 4.12 304 304Govt's 4.13, 4.14, 4.15 304 304Govt's 4.16, 4.17, 4.18 311 312Govt's 4.19 317 318Govt's 5.1, 5.1 TR 324 324Govt's 5.2 322 322Govt's 5.4, 5.5, 5.6 320 320Govt's 5.7, 5.8 320 320

Govt's 5.9, 5.10, 5.11 327 327Govt's 5.12, 5.13, 5.14, 5.15 327 327Govt's 5.16, 5.17, 5.18 332 332Govt's 5.19 335 335Govt's 6.1-6.15 343 344Govt's 6.16-6.20 350 351Govt's 127 444 444Govt's 132-136 357 358Govt's 137 361 361Govt's 139 405 405Govt's 140 411 411Govt's 141, 141 TR 415 415

Govt's 142 411 411Govt's 143 416 416Govt's 144, 145 403 403Govt's 146 420 420Govt's 147 430 431Govt's 148.1, 148.2 399 399Govt's 149, 149 TR 495 496Govt's 150 408 408Govt's 150.1-150.5 408 408



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EXHIBITS: OFFERED RECEIVEDGovt's 151, 152.1, 152.2 377 378Govt's 152.3, 152.4, 152.5 377 378Govt's 153.1, 153.2 395 395Govt's 153.3, 154.1, 154.2 377 378Govt's 154.3, 154.4 377 378Govt's 227 377 378Govt's 234 395 395Govt's 239 445 445Govt's 240 449 449



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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: Yes. Let me stop Jennifer.

MR. DUMA: I'm sorry. I meant to bring this

up earlier.

(Hearing outside the hearing of the jury at

9:07 AM.)

THE COURT: Have a seat please. Mr. Duma.

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: That's noted for the record. We

have the jury here. We're ready to have them be brought

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

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: Thank you.

THE COURT: If there's nothing else, we'll

call the jury back.

(Jury returned to court at 9:09 AM.)

THE COURT: Good morning.

THE JURY: Good morning.

THE COURT: Thank you. Hopefully everybody

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 unde r oath to



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tell the truth. Do you understand that?

THE WITNESS: Yes, Your Honor.

THE COURT: Miss Parker.

MS. PARKER: Thank you, Your Honor.

BY MS. PARKER:

Q. Now, Officer Rantz, I bel ieve 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. That is correct.

Q. All r ight . And what was the date of that sale?

A. The date would have been November 3rd, 2005.

Q. All r ight . D id you go in a fourth t ime?

A. I did.

Q. When was that?

A. November 7th, 2005.

Q. All r ight . And what was your purpose in going in

that day?

A. On this undercover operat ion, 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 br ing 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. I

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 r ight . 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 invest igat ion

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. I t would have terminated my investigation, yes.

Q. All r ight . And what property did you take that

day to sell?

A. On this operation, I took four of the more

expensive larger iPods. I also took a Trutech DVD

player and i -- Logic iPod docking station and another

Sonicare toothbrush.

Q. Where d id you get those i tems?



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A. From the Target C orp orat ion.

Q. All r ight . And how were you dressed when --

A. I was dressed the same as Russ Wil liams the

mannequin is now.

Q. I 'm going to hand you what have previously been

marked as Exhibit Buy 4.2, Buy -- and Buy 4.4. Can you

tell the court and the jury what those are?

A. Yes. 4 .2 is a pic ture of the four iPod Nano's,

4.4 is a picture of the inMotion iPod docking station.

Q. All r ight . And those are two of the i tems that

you took in -- or I guess fo ur of the items you took in

that day?

A. Five of the items, yes.

Q. Five. All r ight. Show you Government 's Exhibit

Buy 4.5 and Buy 4.6. Can you identify those?

A. 4.5 is the mobile DVD, TruTech DVD system. 4 .6

is the i -- Logic i-Station which is another iPod

docking station.

Q. All r ight . And f inal ly, show you Buy 4.7 . What

is that?

A. This is p ic ture 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: Any objections?

MR. DUMA: No, Your Honor.

THE COURT: 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

Government's Exhibit Buy 4.2. This is the picture of

the four iPods you took in?

A. Yes, th is is two black iPod Nano's and two white

iPod Nano's.

Q. All r ight . 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 par t of the box that you

see, that's the actual Nano that you can se e 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 Shuff les 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. They have more memory. They retail for

199.99 each.

Q. About a hundred dollars more than the iPod

Shuffle?

A. That is correct.

Q. All r ight . And you took this par t icular 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 r ight . Display on the overhead Government' s

Exhibit Buy 4.4; what is that?

A. This is the Altec Lansing inMotion iPod docking

station. What it allows an owner to do is set the iPod

in the middle and then have external speakers.

Q. And this is another new in the box i tem?

A. Yes, it is.

Q. 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. All r ight . And this is a pic ture of the box i t' s

in?

A. Yes, it is.



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Q. New and unopened?

A. Yes.

Q. 4-- Buy 4.6 , what is depicted in that exhibi t?

A. This is an i -- Logic iPod docking s ta tion.

Q. All r ight . I t' s just a different k ind of a

docking station than the one you've testified to before?

A. Yes.

Q. All r ight . And this pic ture actual ly shows how

it was packaged when you took it to Carrie Neighbors?

A. That is correct.

Q. All r ight . And f inal ly, Buy 4.7 , I bel ieve 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. That is correct.

Q. All r ight . Can you tel l f rom looking at this

picture which one you sold the first time, which one you

sold the second?

A. I cannot, no.

Q. When you sold her the Sonicare toothbrush on this

date, it was in the box like it's depicted here?

A. That is correct.

Q. How did you carry al l these items in to the

Yellow House that day?

A. On this date , I took al l 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

half feet by a foot wide and probably a foot deep. It

said Target on the side of it in big red letters.

Q. All r ight . 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. That is correct.

Q. 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. Yes.

Q. Who was that?

A. I talked with Carrie Neighbors .

Q. All r ight . Did a ll of your conversations occur

inside the store?

A. No.

Q. Where did -- what different places did you ta lk

to her?

A. Ini tial ly, I went into the s tore . There were

several people at the counter with her. After walking

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. She

asked me if I wanted to bring 'em in. I asked her if

she'd come out to the car. 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 af ter a discussion there at your

vehicle -- what kind of car did you drive?

A. A beat up ninet ies model Nissan Altima.

Q. Why d id you pi ck tha t c ar?

A. I t 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. It kind of went with the

persona of Russ Williams.

Q. All r ight . And what kind of a l icense pla te did

you have? Did you have Kansas plate on it?

A. I did.

Q. Was i t f rom Doug la s C ou nty?

A. No, i t was a Johnson County tag.

Q. All r ight . And why did you use a Johnson County

tag?

A. 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 af ter you had your conversation with the

defendant at the car, did you go anyplace else?

A. Yes.

Q. Where?

A. We went back inside the store with a ll the items.

Q. All r ight . Now, was your conversat ion from

beginning to end with the defendant recorded?

A. Yes.

Q. All r ight . I hand you what' s been marked

Government's Exhibit Buy 4.1. Would you tell the court

and jury what that is please?

A. This is a DVD combination of the audio and video,

plus there's an additional video on here. Once we go

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. That is correct.

Q. And is i t accurate? Does i t accurately ref lect

your contact with the defendant on that date?

A. Yes, it does.

Q. All r ight . Show you Government' s Exhibi t Buy 4.1

T R. What's that?

A. This is a t ranscript of the undercover operat ion.

Q. All r ight . And have you reviewed that for

accuracy?

A. Yes.

Q. And is it accurate?

A. Yes.


government offers Government's Exhibit Buy 4.1 and 4.1 T

R.

THE COURT: Any objection?

MR. DUMA: Your Honor, may I just ask a real

quick voir dire question of this witness?

THE COURT: Yes.

MR. DUMA: 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: That is correct.

MR. DUMA: Okay. And I think there was also

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

ran a filtering for the audio. On this one, just laying

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: No.

MR. DUMA: Okay. Thank you. No -- no

objection, Your Honor.

THE COURT: At this time court admits

Exhibit 4.1 and 4.1 T R.

MS. PARKER: And with the court's

permission, the government would like to publish the

contents of 4.1 to the jury at this time.

THE COURT: Yes. And do you know how long?

MS. PARKER: Yes, I do, Your Honor. It's

11 minutes -- 11 and a half minutes long.

THE COURT: Thank you.

(Exhibit being played.)



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THE COURT: Buy 4.8.

MS. PARKER: Yes.

THE COURT: At this time Exhibit 5.8 is

admitted.

MS. PARKER: This would be Exhibit Buy 4.8.

If I misspoke, I apologize.

THE COURT: Okay.

BY MS. PARKER:

Q. I 'm now displaying that check up on the overhead,

and it appears to be 11/6 or 16 of '05?

A. That is correct.

Q. All r ight . And this check was s igned in your

presence?

A. Yes.

Q. All r ight . And you 're able to say this is the

check for those items why?

A. Because i t was noted as miscellaneous electronics

and it was for $400.

Q. Do you know the retai l value to Target for a ll of

the items that you sold to Carrie Neighbors that day for

$400?

A. Yes, $1,318.92.

Q. So, she gave you about a th ird of the pr ice?

A. That is correct.

Q. Retai l. Now, a t 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. There is.

Q. Do you recognize -- d id you recognize any of the

voices on that tape?

A. Yes, and even from the video, I could tel l

Patrick Stanwix was in there.

Q. Yeah. Can you use your laser printer to point

out?

A. This subject , this subject was in there . Michael

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 r ight . And had you seen Michael Coffman in

there before?

A. Yes.

Q. All r ight . And had you seen Patrick Stanwix in

there before?

A. Yes.

Q. And how abou t John Cale?

A. Yes.

Q. All r ight . 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 oper ation, who was the



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boss?

A. Carrie Neighbors.

Q. Now, when you ini tial ly -- when Carrie Neighbors

initially asked you if you were a policeman, you said

yeah?

A. I did.

Q. Why did you say that? Weren 't you afraid i t

would endanger your investigation?

A. Not based on the way I looked, and the sarcasm

that I used, I was not in an y 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. Did you get patted down in th is instance?

A. No.

Q. All r ight . 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. As long as you 're buy ing them, righ t?

Q. All r ight . And did you tel l her you were buying

them?

A. No.

Q. Okay. After Mrs. Neighbors purchased those i tems



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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. Yes.

Q. And w ha t w as th e d ec is ion?

A. 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. All r ight . But you did not in this instance?

A. That is correct.

Q. All r ight . Now, after you lef t the s tore and

after the decision was made to continue with the

investigation, did you do anything in relation to this

buy?

A. Yes, I did.

Q. What did you do?

A. Not only did we monitor the i tems going for sa le



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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 f ind the i tems or

some of the items that you had sold her that day

actually on her web site?

A. Yes.

Q. Show you government' s exhibit marked Buy 4.9 .

Can you identify that?

A. T hi s i s a b lack iPo d N an o.

Q. All r ight . On the Yellow House web s ite?

A. Yes.

Q. All r ight . Really Yellowhair Bargains?

A. That is correct.

Q. All r ight . Show you Government Buy 4.10. What' s

that?

A. This i s the second black iPod Nano.

Q. All r ight . Government 's Exhibit Buy 4.11, what' s

that?

A. Th is is the wh it e iP od Nano .

Q. All r ight . And again , these -- that - - when you

say these are the iPod Nano's, these are fr om her web

site?



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A. That is correct.

Q. All r ight . Government 's Exhibit Buy 4.12, what' s

that?

A. A second w hi te iPod N an o.

Q. All r ight . Buy 4.13, can you tel l the court and

jury what that exhibit is?

A. This is the TruTech portable DVD player.

Q. All r ight . Show you Government' s Exhibit Buy

4.14. Would you identify that please?

A. This is the iS ta tion docking s ta tion .

Q. Show you Government' s Exhibi t Buy 4.15, what 's

that?

A. Sonicare toothbrush.

Q. All right.

MS. PARKER: Umm, Your Honor, at this time

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: 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. That is correct.

Q. And what da te did you se ll he r this?

A. This would have been sold on November 7th.

Q. All r ight . Now, going to the date and the s tart

time for this item, when was that?


Q. All r ight . And about 14:45 pacific s tandard t ime

in the afternoon?

A. That is correct.

Q. What time did you go to her s tore that morning?

A. 11:30 AM.

Q. All r ight . And all ready within hours , this i tem

has been bid up to $82, correct?

A. No, the bid -- the high bid -- there 's no bid

history on it. That was probably the starting amount

that she set it at was $82.

Q. So, the current b id then means where she star ted

it?

A. The current b id is what i t' s set in a t. I f you

look down, doesn't look like there's any high bid

history or bid history on that item. Oh, nope, I take

that back. I was looking at high bidder. There have

all ready been 16 bids on this item.



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Q. And how can you t el l t ha t?

A. I f you look at where i t says h is to ry.

Q. Uh-huh?

A. Righ t here, it says 16 bids .

Q. All r ight . So, the s ta rt ing b id was $6?

A. That is correct.

Q. And within hours, the bidding has gone al l the

way up to $82?

A. That is correct.

Q. And the reta il pr ice of this i tem was what?

A. 199.99.

Q. Show you Government' s Exhibi t 4. - - Buy 4.10, and

this is the second or at least another, a different

black iPod Nano?

A. That is correct.

Q. And we know that because the ser ia l number is

different than the previous exhibit?

A. The item number 's di fferen t, yes.

Q. All r ight . And this was placed on the internet

when?

A. On November 7th, 2005.

Q. All r ight . At about the same t ime the other one

was?

A. Shortly after, yes.

Q. Display for the court and jury Government' s



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Exhibit Buy 4.11. What's this?

A. This i s one of the whi te iPod Nano 's .

Q. All r ight . And this one was placed on the

internet when?


Q. Seve ra l days a ft er the s al e?

A. Two days, yes.

Q. But i t was also under the bidding process at this

time?

A. That is correct.

Q. Buy 4.12 , the other white iPod Nano?

A. Yes.

Q. This process -- b idding on this was s tarted again

on November the 9th?

A. That is correct.

Q. All r ight . And i t had not been run up at a ll ,

right?

A. That is correct.

Q. Show you Government 's Exhibit Buy 4.13. What' s

this?

A. This is - - that is the TruTech portable DVD

player.

Q. All r ight . What was the date that this was put

on for bids?




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Q. So, that is the day af ter you sold i t to her?

A. That is correct.


this?

A. That' s the i - - Logic iSta tion docking s ta tion.

Q. All r ight . And when was this put on for bid?


Q. Day you sold it to her?

A. That is correct.

Q. Within hours?

A. Yes.

Q. But now on this screen shot, there doesn 't appear

to have been any bids yet?

A. No bids on that item yet.

Q. Final ly, Government' s Exhibi t 4.15, that 's the

second Sonicare toothbrush that you sold her?

A. That is correct.

Q. The other one having been sold several days

earlier?

A. Yes.

Q. All r ight . And what date was this put on the

internet?

A. November 7, 2005.

Q. Again, within hours of the t ime you sold it to

her?



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A. Yes.

Q. Now, you found al l of these items from your eBay

search, correct?

A. Yes.

Q. 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. And the sel le r information , yes .

Q. All r ight . 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 th is page have any

significance?

A. I th ink the only s ignificance 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 r ight . So, just recycling a pic ture she a ll

ready used?

A. That is correct.



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Q. Anything signif icant about the third page of this

exhibit?

A. Just the -- l is ts addit ional items that she has

for sale.

Q. All r ight . And those i tems include a KitchenAid

professional mixer. Does -- and it says what is it?

A. New.

Q. All r ight . And i t has a KitchenAid professional

600 mixer. Does that appear to be in the box?

A. Yes.

Q. All r ight . What would that indicate to you?

A. That it 's anothe r n ew it em.

Q. All r ight . And then another i tem that she has

for sale is what?

A. Kirby vacuum cleaner.

Q. All r ight . And can you see what the las t one is?

A. I t' s another KitchenAid -- in a box KitchenAid

mixer.

Q. And then the bid now, beneath each of these

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 r ight . So, that' s the current h igh bid , and

if you wanted to place a bid on it, could you hit that

icon and go and bid $36 if y ou wanted or --



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A. Yes, i t would br ing up -- i t would br ing 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 actual ly -- we bid and bought back

the TruTech DVD player.

Q. Let me show you what' s been marked Government 's

Exhibit Buy 4.16. What is that?

A. This is an eBay response to me purchasing the

item under the name of Bill Wallace.


4.17. What is that?

A. This is a PayPal confirmation paying for the

item.

Q. And f inal ly, show you Government' s Exhibi t Buy

4.18. What is that?

A. These are the shipping labels that came with --

on the outside of the box when I received the TruTech

DVD player.

Q. All right.


United States offers Government's Exhibit Buy 4.16, Buy

4.17, and Buy 4.18.



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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. That is correct.

Q. And then be low tha t, it has what?

A. 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 r ight . And this confirms that you have

bought the portable mobile DVD player for $192.50,

correct?

A. Yes , tha t' s the purchase pr ice.

Q. All r ight . And then the $10 is for shipping?

A. That is correct.

Q. And then the second page is just a continuation



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of the information on the first page?

A. Correct.

Q. 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

[email protected], correct?

A. Correct.

Q. And who i s tha t ID reg is te red to?


Q. Okay. And then this shows tha t i t was on

November -- Saturday, November the 12th, 2005?

A. Correct.

Q. Okay. About f ive days after you sold the i tem

originally to her?

A. Yes.

Q. All r ight . And this [email protected],

what's that?

A. That' s an undercover e-mail account that I had

set up.

Q. And then at the bot tom here i t shows where you

could mail a payment, correct?



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A. Correct.

Q. And where is that?

A. I t says i f 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. Fo r thi s i tem I used PayP al .

Q. And show you Government' s Exhibi t Buy 4.17, what

is this?

A. This is just the PayPal receipt showing the i tem

being paid for.

Q. All r ight . And the shipping address par t of i t' s

been blocked out?

A. Yes.

Q. Where did it go?

A. Back to the safe house in Overland Park.

Q. All r ight . And in this case, i t shows that there

was a credit card used to pay the $202.50?

A. That is correct.

Q. And that credit card ending in the numbers 3152?

A. Correct.

Q. Do you know whose name that credi t card was

issued in?

A. Yes, i t' s in my -- one of my undercover credit



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cards.

Q. All r ight . So, i t was in the name of - -

A. I believe that' s on -- that is Bil l Wallace.

Q. That' s what you used to pay for th is item?

A. That is correct.

Q. All r ight . Final ly, Government' s Exhibit Buy

4.18. What is this?

A. This is the shipping label that came on the

outside of the box when I received the TruTech DVD

player.

Q. All r ight . Again, i t is shipping to Bil l

Wallace?

A. Yes.

Q. In Overland Park a t the sa fe house?

A. Yes.

Q. All r ight . And is there a return address on i t?

A. If you move it back up to the top, I bel ieve i t' s

at the very top. Yes, the return address is Yellow

House Store, 1904 Mass in Lawrence.

Q. All r ight . Now Officer Rantz , I 'm placing on the

table before you Government's Exhibit Buy 4.19. Do you

recognize this, at least the box?

A. Yes.

Q. What is it?

A. This is the box that the TruTech DVD player came



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in.

Q. All r ight . And has i t been opened?

A. Yes.

Q. All r ight . And then re-sealed?

A. Yes.

Q. All r ight . And would you open i t now so we can

see the contents of that? Now, except for the label,

the shipping label being removed, have there been any

other changes to the -- to that box there?

A. Yes, there' s now a pol ice evidence tape on i t,

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. Yes.

Q. All r ight . And could you show the jury what' s

inside that box? And you're displaying now a sealed box

that purports to contain the mobile DVD player, TruTech,

correct?

A. That is correct.

Q. All r ight . 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. I t' s appears to be the same as the pic ture , and

serial numbers match.

Q. All r ight . So, you have checked the ser ia l

number with the serial number that you copied?

A. Yes.

Q. And they are the same?

A. Yes.


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.


MR. DUMA: No objection, Your Honor.

MS. PARKER: And this would be a two-part

exhibit with the outer box and the inner Tr uTech box as

the entire exhibit.

THE COURT: Any objection, Mr. Duma?

MR. DUMA: No.




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Exhibit 4.19.

BY MS. PARKER:

Q. Now, the label that' s Exhibi t Buy 4.18, is that

label the one that was removed from the box?

A. Yes, i t was removed from the top of the box.

Q. Thank you. Anything else happen or did you

conduct any other investigation as it relates to Buy 4?

A. Not that I recall, no.

Q. All r ight . Did you return to the Yellow House a t

another time?

A. I did.

Q. When?

A. On November 18th, 2005, a t approximately 10:32

AM.

Q. All r ight . And what was your purpose in going

there?

A. I was going to a ttempt to sell another large

amount of electronics to Carrie Neighbors.

Q. And where did you ge t the e lect ronics?


Q. How many pieces d id you take tha t day?

A. I believe six.

Q. Six pieces?

A. Yes.

Q. And go t them a ll from Target again?



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A. That is correct.

Q. Dressed in the B il l Wal lace ou tf it?

A. The R uss Wil li ams outf it .

Q. I 'm sorry, the Russ Wil liams outf it - - I 'm not

going to keep these names straight -- dressed in the

Russ Williams outfit?

A. Yes.

Q. All r ight . And did you make contact with anyone

there?

A. Yes.

Q. Who was that?

A. I made con tact w ith Carr ie Neighbors .

Q. And you said you took seven i tems?

A. Six items.

Q. Six items. All right.

A. No, I 'm sorry, there is seven i tems. One, two,

three, four, five, that's a label, six items.

Q. Show you what 's been marked Government 's Exhibit

Buy 5.4. What's that?

A. Tha t' s a new Samsung digi ta l camera .

Q. All r ight . Show you what' s been marked as

Government's Exhibit Buy 5.5.

A. This is a new four and a half quart KitchenAid

mixer.

Q. Show you Government 's Exhibi t Buy 5.6.



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A. I t' s a new G armin G PS un it .


A. This is a picture of the Target tags that are put

on the -- that were put on the bottom of the Garmin GPS

unit.


A. This is a new Texas Instruments graphing

calculator.

Q. All right.


United States offers Government's Exhibits 5-- Buy 5.4,

Buy 5.5, Buy 5.6, Buy 5.7, and Buy 5.8.


MR. DUMA: No objections, Your Honor.


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

Government's Exhibit Buy 5.4. Is that a fair and

accurate photograph of the Samsung camera that you took

that day?

A. Yes.

Q. Still in its box?

A. Yes.

Q. Show you Government 's Exhibit 5 .5 . Is that the



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KitchenAid mixer you took that day?

A. Yes.

Q. Still in the box?

A. Yes.

Q. Buy 5. - - Government 's Exhibit Buy 5.6 , what 's

that?

A. T ha t' s t he Ga rmin GPS un it .

Q. All r ight . Aga in , s ti ll in i ts p last ic

container?

A. Yes.

Q. All these i tems were clearly unopened, correct?

A. That is correct.

Q. Show you Government' s Exhibi t Buy -- I don 't know

if it makes a difference, but Buy 5.7. What is this?

A. This is a Target label - - excuse me -- that was

on the bottom of the Garmin GPS unit. The black dot

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 i tem if

you ever saw it again?

A. Yes.

Q. All r ight . 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 a ll of

the items that you took to Carrie Neighbors that day?

A. No.

Q. What else did you --

A. There were two addit ional items that I a lso took

in.

Q. What was that?

A. 5.2 and 5 .3 which are two Fuji digi ta l cameras.

Q. 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.


MR. DUMA: No objection.


Exhibit 5.2.

BY MS. PARKER:

Q. All r ight . And I have tha t now up on the

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 r ight . And those l ike the other i tems are

still in their box, never been opened?

A. That is correct.

Q. All r ight . You made contact with Carrie

Neighbors, you said --

A. Yes.

Q. -- that day? And approximately what t ime of day

was this?

A. Approximate ly 10:32 is when I went in .

Q. And again, did you audio and video record the

conversation that you had with Miss Neighbors on that

day?

A. Yes, I did.

Q. Show you Government 's Exhibit Buy 5.1 . Can you

identify that?

A. This is the DVD compila tion or combinat ion of the

audio and video from the undercover operation.

Q. All r ight . And have you rev iewed i t?

A. Yes.

Q. And is it accurate in every way?

A. Yes.

Q. All r ight . Nothing added or subtracted?

A. No.

Q. Was anything added or subtracted from any of the

DVD's that were made?



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A. No, there was some fi lter ing done, but nothing so

I guess that would actually be a subtraction of some

noise but -- when you do the filtering, but --

Q. Nothing was cut out?

A. No th ing w as a lt er ed, n o.


T R. Do you recognize that?

A. This is a transcript of undercover operat ion of

Buy Number 5.

Q. And have you reviewed that for accuracy?

A. Yes.

Q. And is it accurate as it re la tes -- as i t

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.




Exhibits 5.1, 5.1 T R.

MS. PARKER: Thank you. And with the

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

32 seconds.

THE COURT: Thank you.

BY MS. PARKER:

Q. Now, it appears from l is tening to the tape that

there were some other people in the store during this

transaction or at least during part of it?

A. Yes.

Q. Do you know w ho they w ere?

A. There was a subject who was from the Journal

World.

Q. T ha t' s t he pape r in Lawrence?

A. That is the newspaper in Lawrence who was sell ing

advertising, and then also during the undercover

operation, Patrick Stanwix walked in from the back of

the store.

Q. And I not iced 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. That' s the box I used to br ing in these items.

Q. 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. That is correct.

Q. And are there any other ident ifying 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 s tickers,

specifically like the Garmin GPS had stickers on the

bottom of it designating it as a Target item.

Q. Now, a ll of the items that you took in on this

fifth buy, do you know what the combined retai l value of

those items was?

A. 1389.89, $1,389.89.

Q. And how much did Carr ie Neighbors pay you for

those items?

A. $500.

Q. 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. Show you Government 's Exhibit 5 .10. What' s that?

A. This is a copy of the check that was writ ten to

me.

Q. The $500 check?

A. Yes.




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5.11. What's that?

A. This is a post ing on eBay of the Fuji d igital

camera.

Q. Show you Government 's Exhibit 5 .12. What' s that?

A. I t' s a post ing for another Fuji F10 digital

camera.

Q. Government' s Exhibi t 5 -- Buy 5.13. What' s that?

A. I t' s a post ing for a four and a half quart

KitchenAid mixer.


that?

A. EBay posting for the Garmin eTrex GPS unit.

Q. And then finally, Government 's Exhibit Buy 5.15,

what's that?

A. I t' s a post ing 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.




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. What is that?

A. This is a note that I k ind of scr ibbled 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 l is t that you discussed

with the defendant during the negotiation to buy the

items?

A. Yes.

Q. Did she look at this? Did she refer to this a t

all?

A. Yes.

Q. All r ight . So, f rom our reference to this then,

that would have informed anybody reading the note about

the value of the items you were bringing in?

A. That is correct.

Q. Government' s Exhibit Buy 5.10, that' s the $500

check?

A. Yes.

Q. And that shows i t was writ ten on November

the 18th for $500?

A. Correct.

Q. Says camera and GPS?

A. Yes.

Q. Who made the notat ions in the memo section?

A. Miss Neighbors did.



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Q. And other checks that you have a lluded -- that

you have identified also had notations in the memo

section of those checks. Who put that information on

there?

A. Miss Neighbors did.

Q. Buy -- Government 's Exhibi t Buy 5.11, what is

that?

A. I t' s a screen shot from the eBay item being sold,

specifically the Fuji F10 digital camera.

Q. All r ight . And again , you sold the i tems on

November the 18th, correct?

A. That is correct.

Q. And this was posted tha t very same day?

A. Yes.

Q. Government' s Exhibi t Buy 5.12. What' s that?

A. I t' s a second Fuj i F10 digi ta l camera .

Q. All r ight . And what is the posting date of this

item on the eBay auction?

A. November 19th, 2005 , the day af te r.

Q. 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. That is correct.

Q. And is - - in your experience, is a separate i tem

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



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placed for auction on eBay?

A. Yes.


that?

A. I t' s a four and a half quart KitchenAid mixer.

Q. All r ight . And what date was that put on?


Q. And by the t ime you printed this screen shot,

that had been bid up to $162.51?

A. Yes.

Q. All r ight . And that was placed, there had been

24 bids on that?

A. That is correct.

Q. Final ly, show you Government 's Exhibi t Buy 5.14.

What's that?

A. Tha t' s the Garmin eTrex GPS un it .

Q. All r ight . And i t sold on November 18th --

posted on November 18th?

A. Posted on N ovember 18 th .

Q. All r ight . Again, within hours of the t ime that

you sold it to the defendant?

A. Yes.

Q. Final ly, Government 's Exhibit Buy 5.15. What' s

that?

A. I t' s the Texas Instruments graphing calculator.



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Q. All r ight . And tha t was pos ted when?

A. On November 26th.

Q. All r ight . So in this case, Mrs. Neighbors

waited a little while before she put that on?

A. That is correct.

Q. Now, you were t racking these items and that 's how

you got these screen shots?

A. That is correct.

Q. And af ter you did the tracking, d id you do

anything else?

A. Yes.

Q. What else did you do?

A. We bid on and purchased back the Garmin eTrex GPS

unit.

Q. All r ight . Why did you choose that one to

purchase back?

A. Umm, I 'm not sure if I recal l why we ended up

choosing that one, but we did.

Q. Okay. And let me show you Government' s Exhibit

Buy 5.16. What's that?

A. This is the eBay posting and winning bid for the

Garmin GPS unit.


that?

A. This is the Hotmail e-mail correspondence in



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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.


United States offers Government's Exhibits Buy 5.16, Buy

5.17 and Buy 5.18.




admit Exhibits 5.16, 5.17 and 5.18.

BY MS. PARKER:

Q. Off icer Rantz, I have on the overhead

Government's Exhibit Buy 5.16. Is this the information

-- the notification you received that you were the

winning bidder on that Garmin eTrex GPS receiver?

A. Yes.

Q. And when we talk about the Garmin GPS receiver,

that's the one that you sold to her on November

the 18th?

A. That is correct.

Q. 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. All r ight . And you received this yourself?

A. That is correct.

Q. And did you have an e-mail address set up in your

undercover capacity where you could receive messages

like this?

A. Yes.

Q. All r ight . And I think you 've a ll ready

identified that. I'll show you Government's Exhibit Buy

5.17. What's that?

A. That is the MSN Hotmail e-mail correspondence

from PayPal and for the purchase of it to Bill Wallace,

Junior.

Q. All r ight . And that shows here -- the shipping

information shows that it went back to that safe house

in Overland Park?

A. That is correct.

Q. All r ight . 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 exhibi t,

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



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shipment details, correct?

A. Umm, yes.

Q. All r ight . And i t shows that i t was being

shipped from where?

A. Yellow House Store at 1904 Mass in Lawrence,

Kansas.

Q. All r ight . I 'm going to show you a copy of the

Exhibit Buy 5.18. What is that?

A. That is the shipping label that came on the

outside of the package containing the Garmin GPS unit.

Q. All r ight . Again, showing that i t came from

Yellow House to Bill Wallace in Overland Park, Kansas?

A. Correct.

Q. Now, did you actually receive the i tem?

A. Yes.

Q. Hand you an exhibi t that' s marked on the outs ide

of the paper sack as Government's Exhibit Buy 5.19.

A. Yes.

Q. Can you identify that?

A. And yes, th is is the bag that contains the Garmin

GPS unit.

Q. And how do you know that?

A. Because of the case number, the date , and of

course, the exhibit number that we've placed on it now.




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United States offers Government's Exhibit Buy 5.19.




Exhibit 5.19.

BY MS. PARKER:

Q. All r ight . And if you, Off icer Rantz , would open

that. Is that sack used to protect and to account for

the item that's inside?

A. Yes.

Q. That' s s tandard procedure when you are

inventorying items to put 'em in a bag that -- so you

can mark the bag?

A. Yes.

Q. All right.

A. Evidence container.

Q. 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. That is correct.

Q. 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 i t, consis tent 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. Now, there's only a

sticky spot.

Q. When you sold that item at the Yellow House, d id

it have the Target sticker on it?

A. Yes.

Q. All r ight . And when you got i t back, d id i t have

the Target sticker on it?

A. No, it did not.

Q. All r ight . 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 i t now that designates it to

any specific retailer.

Q. Now, I 'm going to put up on the overhead again

Government's Exhibit Buy 5.7. And I think you have

previously identified that as a photograph of the bottom

of that item in your hand when you to ok it to the Yellow

House?

A. That is correct.

Q. All r ight . And would you -- and you 've a ll 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 r ight . But anyone who had bought that i tem

and found this label, would they have known that it came

from Target?

A. They would have known that it or iginated as a

Target product, yes.

Q. So, removing the label in effect takes off al l

prior ownership information?

A. Yes.

Q. All r ight . And you have a yel low sticky on

there. What is that yellow sticky?

A. Yes, this --

Q. -- sticky note?

A. This yel low 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 st icky note on that Garmin GPS when you

got it in the mail?

A. Yes.

Q. All r ight . And you don 't know who put i t on

there?

A. I do not.

Q. But it was not on there when you sold i t to the

Yellow House?



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A. That is correct.

Q. And then -- okay, when you executed some search

warrants, did you find similar sticky notes with item

numbers on them on other products?

A. Yes.

Q. So, i t seems to be an internal inventory number

for Yellow House?

A. That is correct.

Q. Did you go back to the Yellow House?

A. Yes, I did.

Q. After this date?

A. Yes.

Q. And when was that?

A. Would have been on November 29th, 2005.

Q. All r ight . And what was your purpose in going

back at that time?

A. To make a f inal undercover sale of electronics to

Miss Neighbors.

Q. All r ight . And d id you take i tems?

A. Yes, I did.

Q. All right.

MS. PARKER: Your Honor, we have a tape of

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: Let me go ahead and take our

morning recess. And thank you for letting me know. In

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. Probably for a

15-minute recess. Thank you.

(10:30 AM, jury left.)

THE COURT: Court stands in recess.

(Whereupon court took a recess. Proceedings

then continued as follows: 10:57 AM, court

and jury returned.)

THE COURT: Please continue.


BY MS. PARKER:

Q. Now, Officer Rantz , you just f in ished tes ti fying

about the fifth time you went to the Yellow House to

sell new in the box items, and that h appened on November

the 18th of 2005, correct?

A. That is correct.

Q. And d id you go b ack aga in ?

A. I did.

Q. And w ha t w as your purpo se?

A. To sell addit ional new items to Carrie Neighbors.

Q. All r ight . What was the date of this s ixth vis it



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to sell stuff?


Q. A week or so af ter the fi fth t ime you went?

A. Approximately 10 days. We had a hol iday in the

middle of that.

Q. Dressed in your Russ Wil liams outfi t?

A. That is correct.

Q. And wired for sigh t and sound?

A. That is correct.

Q. All r ight . And what did you take with you on

this occasion to sell to Carrie Neighbors?

A. I took two iPod Shuffles , a l imited edi tion U2

Apple iPod, a Panasonic digital phone set, a JBL music

box, a Phillips DVD system and a Polaroid DVD system.

Q. How many items a ltogether, seven?

A. Seven, yes.

Q. And what condit ion were each of those i tems in

when you went there on November the 28th?

A. They were new items s t il l in their or iginal

boxes.

Q. Again , items that you go t from Targe t?

A. That is correct.


6.2. What's that?

A. That' s a picture of one of the iPod Shuff les.



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A. It' s the Panasonic phone -- phone and answering

machine set.

Q. All r ight . Government' s Exhibit Buy 6.9 , would

you identify that please?

A. I t' s the serial number on the Panasonic phone

set.

Q. Government' s Exhibi t Buy 6.10, what' s that?

A. It 's the JBL music sys tem.

Q. Government' s Exhibi t Buy 6.11. What' s that

please?

A. The ser ia l number for the JBL .


A. T he Ph il li ps po rt ab le DV D.

Q. All r ight . Government' s Exhibit Buy 6.13.

A. The ser ia l numbers for the Phil lips DVD player.


A. I t' s the Po la ro id TV/DVD player.

Q. All r ight . And f inal ly, Government 's Exhibit Buy

6.16?

A. And it 's the ser ia l number for the Polaroid.

Q. All r ight . And again , each and every one of

those items were new in the box items?

A. Yes.

Q. All r ight . Show you what' s been marked as

Government's Exhibit Buy 6.1. Can you identify that



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please?

A. I t' s the DVD audio combinat ion, audio video

combination of undercover sale number six.

Q. All r ight . And that was the one on November

the 29th?

A. Yes.


T R. What is that?

A. I t' s the transcript f rom the undercover operat ion

on November 29th.

Q. And have you reviewed both Government Buy 6.1 and

Exhibit Buy 6.1 T R for accuracy?

A. Yes.

Q. And are both of those exhibits a fa ir and

accurate recording or transcription of what occurred

when you went the sixth time to sell Carrie Neighbors

items?

A. Yes.


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: I thought you identified 6.16.

MS. PARKER: And I may have.

THE COURT: 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?


THE COURT: 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.


BY MS. PARKER:

Q. Now, Officer Rantz , during this visi t, was anyone

else in the store when you were there?

A. Yes, Patr ick Stanwix was the other subject you

could see at the front counter.

Q. All r ight . And I not iced in your video that you

asked that the check be made out in a different name?

A. Yes.

Q. And what nam e was that?

A. Neal Jackson.

Q. And why did you ask for the check to be made out



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in a different name?

A. Well, I al l ready knew from the other undercover

operations that she didn't ask for ID. I wanted to see

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 r ight . Did you also want to see i f she 'd ask

any questions about that?

A. Yes.

Q. And did she?

A. No.

Q. All r ight . 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. Okay.

Q. But the i tems that you took in , d id you take i t

in another Target box, or did you -- how did you get it

in the store?

A. In a Target storage box.

Q. Government' s Exhibi t Buy 6.2 , that 's one of the

iPod Shuffles?

A. That's correct.

Q. Did you buy any of these items back?

A. No.



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Q. So, may just be the logo that makes i t special?

A. That's correct.

Q. All r ight . Government 's Exhibit Buy 6.7 , what' s

that?

A. That' s the serial number for the U2 iPod.

Q. Government' s Exhibi t Buy 6.8, what is that?

A. The P anason ic phone set .

Q. And I noticed again that al l of these items are

new in their boxes and unopened?

A. That is correct.

Q. All r ight . Government' s Exhibit Buy 6.9?

A. That' s the seria l number for the Panasonic phone.


A. That 's t he JBL mus ic box .

Q. What's a music box?

A. I t' s just another music box that you can put an

iPod to.

Q. I t' s similar to an iPod that you can put recorded

music on?

A. Correct.

Q. All r ight . Government' s Exhibit Buy 6.11?

A. That' s the se rial number for the JBL.

Q. Now, I not iced 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. Yes.

Q. Did you ask for specif ic types of mater ia l or

items to sell?

A. On the las t one, I d id . I asked her i f she

wanted anything specific with Christmas coming on. She

said she did not do orders.

Q. All r ight . But my quest ion was probably poorly

worded. But you took mainly small electronics, correct?

A. That is correct.

Q. Why is that?

A. Because I needed to carry 'em al l in, and I

wanted something that I could easily move around.

Q. All r ight . And were they also i tems that you

were aware of were popular and there were a lot of

people buying them?

A. Absolutely.

Q. All r ight . 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 i tems. I thought they

was something she would probably be interested in buying

and re-selling.

Q. Showing you Government 's Exhibit Buy 6.12, what 's

that?

A. That' s the Phil lips portable DVD player.



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Q. Government' s Exhibit Buy 6.13, is that the ser ia l

number for that?

A. Yes.

Q. Last item?

A. Yes.

Q. Buy 6.14, what's that?

A. I t' s a Polaroid under your -- i t goes underneath

your kitchen counter TV/DVD player.

Q. And Buy 6. - - Government 's Exhibi t Buy 6.15,

what's that?

A. I t' s the serial number for the Polaroid DVD

player.

Q. And she gave you how much money for these i tems

-- all of these items?

A. $500.

Q. And do you know the retai l value of these i tems?

A. $1,374.93.

Q. All r ight . Did you buy any of the i tems back?

A. No.

Q. Let me show you what has been marked as

Government's Exhibit Buy 6.16. What is that?

A. This is the or iginal check that she issued to me.

I did not cash this one. The other checks that I got

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 r ight . Didn' t feel that the fai lure of that

check to clear the bank would compromise your

investigation?

A. That is correct.


that?

A. It's an iPod Shuffle.


A. Another iPod Shuffle.

Q. Government' s Exhibi t Buy 6.19, as soon as I get

it out of here, I'll hand it to you. What is that?

A. It 's the P anaso nic phone se t.

Q. All r ight . And Government' s Exhibi t Buy 6.20,

what's that?

A. It's the JBL music box.


States offers Government's Exhibits Buy 6.16, 6.17, Buy

6.18, Buy 6.19 and Buy 6.20.





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total retail value of all of the items that you sold to

the defendant this day?

A. $1,374.93.

Q. And she paid you $500 for them?

A. That is correct.

Q. But you never argued with her about higher

prices? You just took what she offered?

A. That is correct.

Q. Government' s Exhibi t Buy 6.17. This is the --

excuse me -- the Apple -- one of the Apple iPod

Shuffles?

A. Correct.

Q. All r ight . And you bought this on November

the 28th or the 29th?

A. I so ld it to her on November 29th.

Q. I 'm sorry, you sold it to her on the 29th, so

this was posted immediately that day?

A. Yes.

Q. Now, during the conversat ion 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. She cou ld se ll an yth ing, ye s.

Q. Did she mention to you how she was sel ling these

items?

A. No.



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Q. When you were in her s tore on any occasion, how

often would you see new in the box it ems on her shelf to

sell from the store?

A. Sporadically, you would see i tems just se tt ing

out in a few different places. Nothing consistently

setting on the shelf.

Q. What type of i tems appeared to be for sa le in the

store?

A. Just on the she lv es and s tu ff ?

Q. Yes.

A. Primarily used items.

Q. All r ight . 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 s ingle

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. They - - I never saw ' em ou t, no .

Q. Government' s Exhibi t 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. That is correct.

Q. 6.19, what's that?

A. The P anason ic phone set .

Q. All r ight . Again, r ight onto the eBay s ite the

same day you sell it to her?

A. Correct.

Q. F inal ly, Exhibi t 6.20 , wha t' s that?

A. That 's t he JBL mus ic box .

Q. All r ight . Again, November 29th, the same day

you sold it to her, it is posted on eBay?

A. Yes.

Q. Now, I bel ieve you said that you did see some of

these or all of these items later?

A. Yes.

Q. All r ight . 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: May we please approach the bench?

THE COURT: 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: Any comment?

MS. PARKER: 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: At this time it's noted for the

record. 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.

It's a continuing objection. Unless there's anything

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. I'll say, is there any

objection? You can just say as previously noted for the

record.

MR. DUMA: Thank you, Your Honor.


(Proceedings continued in open court.)

THE COURT: Continue please.

BY MS. PARKER:

Q. Officer Rantz -- Rantz , you test i fied that you

obtained some state search warrants, correct?

A. That is correct.

Q. Show you Government 's Exhibit 132. What' s that?

A. This is the search warrant that was signed for

the location at 1904 Mass, the Yellow House Store.

Q. All r ight . Show you Government' s Exhibit 133,



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what's that?


the Neighbors' residence located at 1104 Andover in

Lawrence.

Q. All r ight . Exhib it 134 , what' s tha t?


the eBay/PayPal records in San Jose, California.

Q. Exhib it 135, what is that please?

A. 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 r ight . Final ly, 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 [email protected]

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: For the record, any objections?

MR. DUMA: Only as previously discussed,

Your Honor.




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A. That is correct.

Q. And one for the business a t 1904 Massachusetts?

A. That is correct.

Q. 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. Yes.

Q. And this shows that th is 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. Yes.

Q. And when was the search warrant actually

executed?

A. I t was execu ted on December 2nd, 2005.

Q. 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 t ime of the

search?

A. Yes, there was a -- what we refer to as an entry



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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-mil limeter tape

to DVD, the entry and exit of the residence at 1104

Andover.

Q. All r ight . And is this in substant ia lly the same

condition as it was when you -- it was taped?

A. Yes.

Q. And this is a fair and accurate depict ion

visually of the residence before and after the search

warrant?

A. Yes.


States offers Government's Exhibit 137.




Exhibit Number 137.

MS. PARKER: All right. Your Honor, this is

approximately -- let me ask a question of you.

BY MS. PARKER:

Q. Does the entrance video -- is that consis tent for

the most part with the way the residence ap peared after

the search warrant had been completed?

A. Yes. There may be i tems 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. We just

show what it looks like when we left.

Q. So, i f the government requests to play only the

entry part of the video, would that still substantially

reflect the condition of the residence when you left?

A. Yes, minus the i tems that were col lected as

evidence.

Q. All right.


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. Would you

agree with that?

THE WITNESS: Yes, that's approximately

15 minutes.

MS. PARKER: All right then, with the

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 a t 1104

Andover. It's approximately three houses to the -- what

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 r ight . How many off icers, i f 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 cal l to

have Mr. Neighbors return to the residence.

Q. And did he do so?

A. He did.

Q. And you d id that -- why d id you cal l



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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. All r ight . So he could come home and unlock the

door?

A. Correct.

Q. What are we seeing here?

A. This is the back of the residence. This would be

the southeast corner. That's a fenced in porch area

where a hot tub is at.

Q. And that 11 :40.25 , that 's the t ime?

A. I bel ieve. I t 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 ll r ight . I t' s t he morning ?

A. That is correct.

Q. Of December the 2nd?

A. Yes, 2005.

Q. And is it typical pol ice procedure to f ilm inside

and outside of a -- of a place to be searched?

A. Yes.

Q. Why is that?

A. We just -- we want to note what everything looked



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like when we first got there.

Q. Are you back to the fron t door now?

A. Yes.

Q. Who is doing the actua l videotap ing?

A. Detective Sean Brown.

Q. All r ight . And was that you ref lected in the

glass door immediately behind him?

A. I can' t te ll i f that was myself or Detective Dean

Ohman.

Q. I'm sorry, who?

A. I t could have possibly been Detect ive Dean Ohman.

That's who it kind of looked like. This would be a

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. Moving into ano ther room here?

A. 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 r ight-hand side as you

walk in. As you proceed around the left side of the

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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. I believe i t had four a ll located on the second

story.

Q. The house appears to be well appointed. Would

you agree with that?

A. Yes, fo r t he mo st pa rt , y es .

Q. Now, are you back in the ki tchen area here,

breakfast area; what is this?

A. This would -- if you would continue direct ly 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. I t doesn 't appear that the officers are tear ing

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. I t appears to be a l it tle dark in places . Why is

that?

A. I t is. Once you act ivate the auto focus on the



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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. What a rea a re you f ilming here?

A. We're now in a garage area. I t was a two-car

garage. No vehicles were parked in. It was full of

items when we got into it.

Q. All r ight . 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. Can you spe ll Asay pl ea se?

A. I believe it's A S A Y.

Q. So, there were car tons of new athle tic shoes in

the garage?

A. I would actually describe them a li tt le more than

cartons. They were shipping containers that had boxes

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



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a distributor to the retailer.

Q. Did you count how many boxes of new athlet ic

shoes?

A. As I r ecal l, th ere w ere 1 6.

Q. 16 cartons or 16 pairs?

A. 16 cases of these big cases . What you 're seeing

now are empty bicycle boxes as if you were shipping or

receiving new bicycles.

Q. And were you aware that b icycles had been stolen

in the Lawrence area?

A. Yes.

Q. How w ere you aw are of that ?

A. We knew that there had been a lot of thef ts

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 actual ly been reported

to the Lawrence Police Department?

A. Yes.

Q. What ar e w e look ing a t here?

A. This is the back porch area where the hot tub was

at. There was also more boxes out here and several

bicycles.

Q. What's that?

A. 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 or iginal boxes,

correct?

A. No, they were not. More empty s torage boxes or

shipping boxes.

Q. And this is on the back porch behind the kitchen?

A. This is on the back porch screened in area a t the

back of the residence. All right. This is a stairway

that goes off the living room area that leads down into

the basement. It's a full sized unfinished basement

underneath the residence.

Q. All r ight . What are we looking at here?

A. That' s a stack of bicycles in the basement.

Q. Do you remember how many bicycles you found in

the basement?

A. I do not . There were I 'm guess ing 10 to 12

bicycles stacked as you first entered down there.

Several.

Q. Can you tel l what we' re looking at here?

A. I t' s more -- I would say i t' s just furni ture and

stuff. They're using the basement basically as a

storage area. More furniture type items sitting on the

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 o lder 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. Yes, we did.

Q. And was i t a review of those records that led you

to the identities of some of the more persistent sellers

to Yellow House?

A. Yes.

Q. In other words, there were checks in there with

names on them?

A. There were bank s ta tements that ident if ied

additional accounts, and there were some returned

checks, yes. Some weight lifting equipment in the

basement.

Q. Wha t am I look in g a t t here?

A. That is a De Walt 18-volt or 12-volt cordless

drill box.

Q. No t new in the b ox i ts el f?

A. No. Treadmill.

Q. Umm, in addit ion to the car tons 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. Yes.

Q. What was that?

A. Umm, once we got to the second s tory, 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 condit ion of the bundles

of jeans that you seized?

A. They were new kids jeans that were bundled

together with string.

Q. How do you kn ow th ey we re new?

A. 'Cause they s ti ll 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. No th ing unusual i n here?

A. No.

Q. What's this?

A. 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. Anything unusual in here?

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Q. Would it be a fair s ta tement 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. Absolutely.

Q. So , you f ilm eve ry thing?

A. Yes.

Q. But doesn 't necessari ly 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 . I t g ives protect ion 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. You're s ti ll in that bedroom you just ta lked

about?

A. We are . Once we exi t this bedroom, we' re going

to go to the left. We'll be entering what's called --

what would be referred to as the master bedroom, or Guy

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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 ident ify this as the

defendant's bedroom how?

A. Upon arr iving, 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. So, he identified i t as their bedroom?

A. Yes.

Q. Is there much time left on this videotape?

A. There is a l it tle b it , '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. All right.

A. I 'm guessing three to f ive 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. Or a safe of some kind?

A. Yes. This is enter ing into that - - to the large

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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. This is the wire rack you were speaking of?

A. These are the wire racks that I was speaking of,

yes.

Q. And you said there were what kind of items on

here?

A. I tems that appeared to be for sale . Here are the

stack of jeans that were bundled together. Bicycles,

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. Correct.

Q. And that was immediate ly adjacent to the

defendant's bedroom?

A. Yes, the only entry and exi t point to th is off ice

area is directly off the master bedroom.

Q. And this room when you arr ived was locked?

A. Yes, i t was. There are two sets of shelves that

run along this, what would be described as the west

wall.

Q. Have we now seen all of the rooms in the house?

A. Except for the master bathroom.



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Q. Okay. Did you f ind 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: Your Honor, at this time may we

turn it off please? 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

break at this time, jury members. Please remember the

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.)


(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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Q. 152.4, is that a photograph from the search

warrant?

A. Yes.


A. Another photograph from the search warrant.

Q. E xh ib it 153.3, what 's th at ?


Q. E xh ib it 154.1, what is that ?

A. Photograph from the search warrant .

Q. 154.2, what is that?




Q. 154.4, what is that?


Q. And Exhib it 227 , what i s tha t?


Q. 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.


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: At this time, as set out on the

record by the government, those exhibits are admitted.

MS. PARKER: Thank you.

BY MS. PARKER:

Q. Now, Officer Rantz, I'm putting up on the

overhead Government's Exhibit 151. What is the title of

that document?

A. This is a Jefferson County Sheriff' s Department

evidence custody receipt.

Q. All r ight . And where did you recover this i tem?

A. We recovered it f rom the basement a long with some

additional documents.

Q. All r ight . That' s the basement of the residence?

A. That is correct.

Q. All r ight . And can you tel l the jury what i t

says? 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. It s ays burg la ry, t he ft.

Q. All r ight . And i t has the vic tim's name,

correct?

A. Yes, D ean Wil le tt s (p h) .



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Q. All r ight . And then i t has a suspect 's name?

A. Yes.

Q. And who was that?

A. Patrick Nieder.

Q. All r ight . And i t shows that a cer ta in i tem of

evidence was recovered from someplace?

A. Yes.

Q. All r ight . And does this show where i t was

recovered?

A. No.

Q. All r ight . But this receipt was in Guy and

Carrie Neighbors' basement?

A. That is correct.

Q. And what item was this a rece ip t for?

A. Craft sman upr ight a ir compressor.

Q. All r ight . And why did you seize this i tem?

A. I t appeared tha t this is a typica l 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 r ight . Now, up unti l this i tem was seized,

were you familiar with the name of Patrick Nieder as it



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relates to this investigation?

A. Not to th is investigation, but another one.

Q. All r ight . So, this was a name you recognized?

A. Absolutely.

Q. And he was l is ted on that document as a suspect?

A. Yes.

Q. All r ight . Show you Government' s Exhibi t 152.1 .

What is depicted in this exhibit?

A. These are the Asay Sport ing Good shipping boxes

full of shoes that were in the garage at the Neighbors'

residence.

Q. All r ight . And then there 's - - this looks l ike a

yellow bicycle?

A. There is a yel low b icyc le , yes .

Q. All r ight . D id you seize the shoes?

A. Yes.

Q. Did you sei ze th e b icyc le?

A. Yes.

Q. All r ight . Show you Government' s 152.2 . What' s

that?

A. I t' s the contents of the -- one of the inside of

the shoe boxes.

Q. All r ight . And there appear to be several

different brands of shoes in that shoe box?

A. That is correct.



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Q. Or in that carton?

A. Yes.

Q. Were al l o f the shoes s ei zed?

A. Yes.

Q. Show you Government 's Exhibit 152.3 . What is

that?

A. I t' s additional shoe boxes in another case of

shoes.

Q. All r ight . These photographs we've just been

looking at, they're all photographs of different cartons

of shoes, correct?

A. That is correct.

Q. All r ight . Show you 152.4. What' s that?

A. I t' 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. Yes.

Q. And were they all being -- was the label the same

person or entity that was supposed to be receiving the

shoes?

A. Yes, they a ll sa id Asay Sporting Goods.

Q. All r ight . And 152.5, is this a different car ton

of shoes?

A. Yes.



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Q. Show you Government 's Exhibit 153.3. What' s

that?

A. Umm, specifical ly, 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. Yes.

Q. All r ight . And then in front of i t and on top of

it, were those new or used items?

A. Those were used items.

Q. All r ight . Did you seize e ither of those used

items?

A. No.

Q. Did you seize the fans?

A. Yes.

Q. Why?

A. We were a ll ready working under the assumption --

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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What's that?

A. I t' s a Trek mountain bike that was on the back

porch of the residence.

Q. Did you seize that?

A. Yes.

Q. Why?

A. I t was s tolen from an individual in Lawrence.

Q. All r ight . Was i t eventually returned to the

rightful owner?

A. Yes, it was.

Q. By the police?

A. Yes.

Q. Show you Exhib it 154 .2 . What' s tha t?

A. That' s another Trek mountain bike that was in the

garage that was also reported stolen in Lawrence.

Q. All r ight . Is this the one that was -- you could

see the front end of it in the earlier picture of the

shoes?

A. Yes.

Q. Or is th is a d iffe rent o ne?

A. No, this is the one that was up against the shoe

boxes in the garage.

Q. All r ight . And were you able to locate the

rightful owner of this bicycle?



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A. Yes, we were.

Q. And was it returned?

A. Yes, it was.

Q. Again, by the Lawrence Police Department?

A. Yes.

Q. How were you able to determine that the bike was

stolen and who the owner was?

A. Officer Bialek went through a ser ies 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 s tolen 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. Yes.

Q. Would the pol ice department have told them that?

A. Yes.

Q. 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 s lew



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38

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. All r ight . And were any of those seized?

A. Yes, they were.

Q. All r ight . Were they -- of those identif ied,

were the owners of any of those bicycles id entified, the

previous owners?

A. Yes.

Q. All r ight . And if they were, were they returned?

A. Yes, they were.

Q. Do you know how many of those bikes in that s tack

were?

A. I can 't recal l i f i t was two or three . That was

handled by Officer Bialek.

Q. Going to show you Government 's Exhibit 154.4 .

What is that?

A. I t' s another Trek mountain bike, second s tory

office off the master bedroom.

Q. All r ight . And did you seize that b icycle?

A. Yes, we did.

Q. All r ight . Were you able to determine whether or

not it was stolen?



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A. Yes.

Q. And was it?

A. Yes.

Q. Was it also returned by the Lawrence Police

Department to its rightful owner?

A. Yes.

Q. All r ight . And I think you 've said i t, but I 'l l

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 r ight . Final ly, show you Government' s

Exhibit 227. What is Government's Exhibit 227? What's

depicted in there?

A. I t' s a stack of kids jeans that are a ll banded

together.

Q. All r ight . And where was this s tack 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 tel l -- probably fa ir ly 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 s ti ll had the tags and size and st ickers

still attached to them.

Q. All r ight . And you said these were chi ldren's

jeans?

A. Yes.

Q. You knew that by the size on the labels?

A. Yes, on the label you can see that' s st icking out

from the middle one, it says 4 T, which is 4 toddler.

Q. And you seized those?

A. Yes, we did.

Q. Now, were you able to re turn those jeans?

A. I don 't recal l. I don 't think so.

Q. All r ight . That would be because there was no

identification for the merchant or the vendor who had

those to begin with?

A. T he spec if ic re ta il er, y es .

Q. Now, you've also tes ti fied that you seized some

documents, correct?

A. That is correct.

Q. And those inc luded bank records?

A. That is correct.

Q. And in the course of the investigat ion, 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. That is correct.

Q. 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. Do you see

that?

A. Yes.

Q. And if you would go to, f irst of a ll , the second

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. That is correct.

Q. And how much -- how much in the way of dol lars

went back and forth? Do you see there at the bottom a

total?

A. Yes.

Q. What is that?

A. On the bo ttom of Page 2, it is $20,902.

Q. And then going to the fi rs t check in that

booklet, do you see that, that's Check 1024?

A. Yes.

Q. All r ight . And do you recognize the s ignature on

that check?



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A. Yes.

Q. Whose is it?

A. Guy Neighbors.

Q. All r ight . And i t' s a check for how much money?

A. $655.

Q. All r ight . And i t was wri tten on what date?

A. 2/4 of 2004.

Q. All r ight . Ear ly in the year o f 2004?

A. That is correct.

Q. Now, there 's a l is t of things there in the for

section. Can you read that?

A. Yes. Says tools , welder, De Walt impact wrench,

coffee maker.

Q. And does that appear to be a l is t of the items

that Guy Neighbors is purchasing from the Yellow House

in Lawrence?

A. That is correct.

Q. All r ight . And i t says Yellow House, Lawrence?

A. Correct.

Q. The next page, and we 're not going to go through

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. Guy Neighbors.

Q. All r ight . And who d id he wri te i t to?



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A. The Yellow House Store in Lawrence.

Q. All r ight . And Guy Neighbors ran the Topeka

store?

A. That is correct.

Q. And his wife Carrie Neighbors ran the Lawrence

store?

A. That is correct.

Q. And what does Guy Neighbors l is t here indicat ing

what this check was written for?

A. I t 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 th en a router for a

hundred.

Q. All r ight . So, he l is ts the prices that he' s

paying to the Yellow House Store in Lawrence to buy

items from the Yellow House Lawrence store?

A. That is correct.

Q. All r ight . Now, I 'm going to go a ll 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

appear to have a check number on it. But it's an

Intrust Bank check.

A. Yes.

Q. All r ight . And that was again wri tten by whom?

A. Guy Neighbors.



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Q. All r ight . And i t 's on October 1st of 2004?

A. Yes.

Q. And how much i s that check wri tten for?

A. $125.

Q. And what's he buying?

A. A Gary Fi she r b ike and too ls .

Q. Then if you go to the next page, who wrote the

next check?


Q. What date?

A. 10/6 of '04.

Q. And how much was that check for?

A. $475.

Q. And what does it appear to be fo r?

A. I t says, pay to the order of Yellow House,

Lawrence for merchandise.

Q. All r ight . So, Carrie Neighbors appears to be

using a Professional Delivery Services, Incorporated

check to buy merchandise from Yellow House, Lawrence?

A. That' s wha t i t would appear, yes .

Q. All r ight . 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 r ight . 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. She appears to be doing that , yes .

Q. The next check, Check Number 1153 dated October

the 11th of '04, who signed that check?


Q. All r ight . And who was tha t wri tten to?

A. Yel low H ou se , L aw rence.

Q. And that again is the Professional Delivery

Services check?

A. Yes.

Q. And what does this indicate th is check is for?

A. Tools.

Q. Again, Carr ie Neighbors using Guy's account that

she has signatory authority over to buy things from the

Lawrence store?

A. Yes.

Q. Next check, 10/25 of '04, Check 1158, what' s

that?

A. I t' s a purchase showing $80, Yellow House for

jeans.

Q. All r ight . And that again is on the Professional

Delivery Services account?

A. Yes.

Q. Another check, Professional Delivery Services



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account in the amount of $350. What's that for?

A. Says saxophone and sh ir ts .

Q. All r ight . And that was just wri t ten to Yellow

House?

A. Yes.

Q. On the Professional Delivery Services account?

A. Yes.

Q. 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. Yes.

Q. All r ight . Now, after you obtained records l ike

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 addit ional

items for the search warrant. There were actual

physical items that we were going to present.

Q. There were?

A. They' re on the bot tom of the car t. They' re

physical items, not folders.

Q. The two fans?

A. Two fans and a camera.

Q. Those of us on this s ide got confused. I 'm going



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to it.

MS. PARKER: Your Honor, may the witness

come down to the items? It might be easier than putting

them up there.

THE COURT: Yes.

MS. PARKER: Thank you.

BY MS. PARKER:

Q. Officer Rantz , I'm showing you what ' s been marked

153.1. Can you identify that?

A. Yes, th is is the Chatham fan that was sett ing in

the garage we saw a picture of earlier on one of the

other exhibits.

Q. All r ight . Government' s Exhibit 153.2 , what is

that?

A. This was a cei ling fan that was sett ing directly

beside this one.

Q. All r ight . And show you Exhibit 234. What is

that?

A. This is a Samsung digi ta l camera that was

recovered from the master bedroom. Along the east wall

of the master bedroom was a dresser. This item was on

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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Exhibits 153.1, 153.2, and 234.

BY MS. PARKER:

Q. Now, why did you seize the two cei ling fans?

A. Again, they were new in the box i tems. They were

-- later, one of the fans specifically was identified by

one of our cooperators as something he had stolen.

Q. But at the t ime you didn 't know that?

A. I did not know tha t i t was new in the box

merchandise.

Q. You had -- a ll r ight . And the Samsung camera,

you've all ready identified that as an item th at you had

sold to Carrie Neighbors?

A. Umm, that is correct.

Q. All r ight . And you remember which sale you made

that gave her that camera in?

A. U ndercove r sal e nu mb er f ive.

Q. Number f ive. 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. No, it st il l appeared new in the box .

Q. All r ight . And no labels removed or anything?

A. No.



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Q. All r ight . Now, after - - have we completed a ll

of the items that need to be referred to as it relates

to the search warrant?

A. Yes, ma'am.

Q. All r ight . So, what did you do next after

collecting these items?

A. After get ting 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 a ll 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. Interviews, yes.

Q. All r ight . And you identif ied them from the

records mostly of Carrie Neighbors?

A. Yes.

Q. All r ight . Except for Wesley Bateson and Marcus

Crawford?

A. That is correct.

Q. All r ight . Now, on that , Exhibit 130 is a

picture of a gentleman named Lewis Parsons. Do you see

him?



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A. Yes, ma'am.

Q. Could you use your laser pointer and -- al l

right. 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. Yes, I did.

Q. 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 r ight . And were you able to -- f irst of a ll ,

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. Tools.

Q. All r ight . And any particular kind of tools?

A. Specifically, De Walt tools and Husky tools.

Q. All r ight . And when you contacted Mr. Parsons,

what did you say to him?

A. When I fi rs t met Mr. Parsons, we had a phone

conversation. I told him that I was interested in

buying tools among other things. During the course of

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 se ts did you

purchase from Mr. Parsons?

A. Two.

Q. All r ight . And did you put those in property?

A. Yes, I did.

Q. All r ight . And I bel ieve they are being brought

into the courthouse -- I mean into the courtroom. These

tool sets are -- are they large and heavy?

A. Yes.

Q. All r ight . So, takes more than one person to

bring in two sets?

A. If he' s st rong 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: Yes.

BY MS. PARKER:

Q. What is the exhibi t number on that tool set? Let

me take this stuff. The first one you put up is 148.2,

is that right?

A. That is correct.



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Q. And the second one you've pu t up i s

Exhibit 148.1?

A. That is correct.

Q. And these you recovered in the course of th is

investigation from Lewis Parsons?

A. I actual ly purchased these directly from

Mr. Parsons.


government offers Government's Exhibits 148.1 and 148.2.




Exhibits 148.1 and 148.2.

BY MS. PARKER:

Q. You can take --

A. Do you want me to ta lk about the boxes and the

conditions of them from here?

Q. Do you have your lase r pointer?

A. I can.

Q. You can 't reach. Okay then, probably i t 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. All right. And

then turn it slightly. Can everyone see the front of

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Q. All r ight . Now on Exhibit 148.2 , d id the same

thing occur?

A. Yes, again, here was -- would have been shipping

labels specific to where this was going. The UPC code

would have been here and the security tag would have

been here.

Q. All r ight . 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 operat ion, I actually

requested from Mr. Parsons that if I was go ing 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. Did you ever buy any more i tems from him?

A. I did buy addi tional items, yes.

Q. And did they have the UPC codes on them?

A. The other ones were e lectronics , and some

firearms.

Q. All r ight . None of those had UPC codes on them?

A. No.

Q. All r ight . And then Mr. Parsons ult imately



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agreed to be a cooperating witness in this case?

A. Yes.

Q. But he was charged in federal court with his --

for his participation in this scheme?

A. Yes.

Q. All r ight . Now, are you famil iar with an

individual, a cooperating witness named Joey Cadenhead?

A. Yes, I am.

Q. 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 r ight . And let me show you what has been

marked as Government's Exhibit 144. Is this -- are



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these items that were recovered from one of the trash

pulls?

A. Yes.

Q. And show you Government 's Exhibit 145. What is

that?

A. All right. 144 is --

Q. Well, now, I haven 't introduced it yet please .

A. Oh, I thought you asked me what i t was .

Q. No, I asked you about 145 . What i s 145?

A. 145 is a shipping label f rom a box that had been

removed that was recovered from the trash.


States offers Government's Exhibits 144 and 145.




Exhibit 144 and 145.

BY MS. PARKER:

Q. Now I'm going to pu t up on the overhead

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 ser ies 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 r ight . And why did you feel these were

significant to take out of the trash?

A. Because we'd ident if ied during the f irst 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 r ight . Some of these , l ike 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. And what was the date of th is trash pul l?

A. May 23rd, 2006.

Q. Show you Government 's Exhibit 145. What is that?

A. This is the shipping label that we recovered from

the business trash on June 6th, 2006.

Q. All r ight . And i t appears to be torn?

A. Yes, it 's been to rn from a box.

Q. All r ight . And what was s ignificant 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 se ller name than you had

known them to use in the past?



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A. Yes.

Q. All right.

A. Then in conjunction with the label , what we were

able to do is go on the Flatlander 645 site. This label

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. I t i s a DC 14 Dyson vacuum c leaner.

Q. All r ight . And is that a photograph of the s ite

you just testified about?

A. Yes, Flatlander 645.

Q. All right.

MS. PARKER: At this time the United States

offers Government's Exhibit 139.




Exhibit 139.

BY MS. PARKER:

Q. All r ight . Now, up on the overhead i s an

advertise -- or an eBay screen for a purple Dyson DC 14

upright animal vacuum. Do you see that?

A. Yes.



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Q. All r ight . And up here beneath the sel ler shows

the seller as Flatlander?

A. I t 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. Business trash.

Q. From the business t rash , d id you make a

connection?

A. Yes.

Q. All r ight . And after seeing this purple Dyson

vacuum cleaner on the eBay site, what did you do?

A. We began tracking the label through retai lers to

see where this Dyson vacuum cleaner had originally come

from.

Q. All r ight . And that is this label that we've --

you've previously talked about that's shown in 145?

A. That is correct.

Q. All r ight . And how -- i t' s k ind of obscured by

the evidence envelope, but what was it on this label

that allowed you to track it back?

A. In the r ight-hand corner you see 330, above that

is Lawrence, that's part of the tag, we were able to

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to confirm that this would have been a shipping label

from their distribution center.

Q. All r ight . And i t was a shipping label for a

Dyson vacuum cleaner?

A. Yes, it was.

Q. All r ight . So, after you tracked i t 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. Yes.

Q. Recognize tha t? What i s tha t?

A. This is the bulk of exhibits of the st il l 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. That is correct.

Q. All right.


States offers Government's Exhibit 150.



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Exhibit 150.

BY MS. PARKER:

Q. Now, the photographs have been broken out and

individually numbered 150.1 through 150.5, correct?

A. That is correct.

Q. All right.

MS. PARKER: And the government would go

ahead and offer these for identification purposes. That

would be Exhibits 150.1, 150.2, 150.3, 150.4, and 150.5.


MR. DUMA: No objections.


admit those Exhibits 150.1 through 150.5.

BY MS. PARKER:

Q. All r ight . Now I 'm going to put up on the

overhead Government's Exhibit 150.1. What does this

picture show?

A. This i s a picture of Joey Cadenhead.

Q. Did you know Joey Cadenhead before th is t ime?

A. No.

Q. So, when you looked at this, you didn' t know at

that time who he was?



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A. That is correct.


What's that?

A. That' s another st il l shot photo of Joey

Cadenhead.

Q. All r ight . Showing Exhibit 150.3 , what' s that?

A. This is a picture of Joey Cadenhead loading the

Dyson vacuum cleaner into the back of a tru nk of a car.

Q. All r ight . And is this a pic ture that was taken

in the Kohl's parking lot?

A. Yes, it is.

Q. Which Kohl's store?

A. The K oh l' s s to re in Lawren ce .

Q. Showing you 150.4.

A. Another pic ture of Mr. Cadenhead loading the

vacuum cleaner.

Q. And Mr. Cadenhead presented a rather unique

appearance at that time, did he not?

A. Yes, he did.

Q. All r ight . And would i t be fa ir to say he was

either wearing a bathing cap or he had his head shaved?

A. Yes.

Q. All right.

A. His head was shaved.

Q. Al l r ight . A nd f aci al hai r?



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A. He had a goatee.

Q. Then f inal ly show you picture 150.5. What is

that?

A. This is Mr. Cadenhead driving away with the

vacuum.

Q. Now, af ter you received these photographs and the

information from Kohl's, what did you do next?

A. I actually learned through the pol ice department

that there were other investigations going on in

Lawrence involving Mr. Cadenhead shoplifting items.

Q. All r ight . And so, when you learned that, what

did you do?

A. I conducted an interview with him, but a t 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 r ight . Let me show you what' s been marked as

Exhibit 140 and ask you if you can identify that.

A. Yes, th is is the e-mail correspondence showing

the purchase of the Dyson vacuum cleaner from Michael

Coffman at his e-mail [email protected].

Q. All r ight . And show you Government' s

Exhibit 142. Can you identify the contents of that

envelope?

A. Yes, th is is a credi t card receipt , a s ta tement



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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.


government offers Exhibits 140 and 142.




Exhibits 140 and 142.

BY MS. PARKER:

Q. All r ight . Off icer Rantz , I have put on the

overhead Government's Exhibit 140. This is the usual

hotmail receipt for a successful purchase on eBay?

A. Yes.

Q. And th is message comes from whom?

A. Michael Coffman.

Q. And w ha t add res s is he us in g?

A. Mj roadki ll@yah oo .com.

Q. All r ight . And i t' s sen t to you?

A. B Wallace, Junior, which is me , yes .

Q. Which is your undercover purchaser name?

A. That is correct.

Q. All r ight . And that just basical ly acknowledges

that you are the successful bidder of a purple Dyson 14



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with the eBay number and then my credit card information

at the bottom.

Q. All r ight . And is this the eBay number that I 'm

pointing to here?

A. Yes.

Q. That 4468 number?

A. Yes.

Q. All r ight . And where did you get the yel low

statement?

A. I t came in my box that the vacuum cleaner was in .

Q. And then down in the corner, it 's looks like some

labels on a piece of cardboard. What's that?

A. That' s just another shipping label that was on

the outside of the box.

Q. And tha t' s be ing sen t to Bi ll Wal lace?

A. Yes.

Q. And is that again being sent to the safe house?

A. Yes.

Q. Final ly, there 's a larger label . What' s that?

A. 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 r ight . And i t was again shipped to Bil l

Wallace?

A. Yes.



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Q. All r ight . When you purchased this Dyson vacuum

cleaner, did you have any conversation with Carrie

Neighbors about it?

A. Yes, I did.

Q. All r ight . Would you tel l the jury how that

conversation took place?

A. In an at tempt to tie Flat lander 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. And did you record that telephone conversat ion?

A. Yes, I did.

Q. All r ight . Going to show you what 's been marked

as Government's Exhibit 141. What is that?

A. This is the recording of the conversat ion between

Miss Neighbors and I reference the Flatlander 645

purchase.

Q. And that' s only an audio recording, correct?

A. Yes , ' cause i t' s jus t a phone cal l.

Q. All r ight . And then show you Government' s

Exhibit 141 T R. What's that?

A. That is a transcript of the recorded call .

Q. All r ight . And have you reviewed both the CD or

the recording of the conversation and the transcript of

that conversation?



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A. Yes, I have.

Q. And are both fair - - both of them fair and

accurate representations of what happened during that

phone call?

A. Yes.

Q. All right.


government offers Government's Exhibit 141 and 141 T R.



Exhibit 141 and 141 T R.

MS. PARKER: And with the court's

permission, may we play this?

THE COURT: Yes.


BY MS. PARKER:

Q. Fair to say you disguised your voice during that

call?

A. A little bit, yes.

Q. Why was that?

A. Having dealt with her undercover f ive or

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 testi fied that you purchased



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the vacuum, the purple Dyson vacuum cleaner?

A. That is correct.

Q. And you retained that in the evidence room at the

Lawrence Police Department?

A. Yes.

Q. Okay. Agent Nitz is showing you what has been

marked Government's Exhibit 143. Do you recognize that?

A. Yes.

Q. What is it?

A. I t' s the purple Dyson vacuum cleaner, DC 14 that

I purchased on eBay.


government offers Government's Exhibit 143.




Exhibit 143.

BY MS. PARKER:

Q. Now, looking at Government 's Exhibit 143, was

there anything of any note that you saw on that box when

you received it?

A. Yes, I actually noticed it ini tial ly 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. Were you able to -- ever able to match up any

labels?

A. Yes.

Q. All right.

MS. PARKER: Your Honor, may the witness

again leave the witness stand to demonstrate this?

THE COURT: Yes.

BY MS. PARKER:

Q. Do you have the label that you peeled off?

A. I do.

Q. Not that peeled off but that you recovered. Turn

it so that the jury can see.

A. On the side of the box here , you can see the

outline of the label. This label ended up matching up

on to here showing the item from here.

Q. And th is labe l is the one you got in the

business -- at the business trash pull?

A. That is correct.

Q. All r ight . 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. I t 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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Q. All r ight . 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. Yes.

Q. All r ight . 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 t ime, that' s a ll 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. Yes.

Q. And then not to use his statements against h im as



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it would have related to his involvement in the federal

case?

A. That is correct.

Q. All r ight . And then did you reach a formal

agreement with him?

A. Yes, he was s igned to a cooperating individual or

CI contract.

Q. All r ight . 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. All r ight . And did Joey Cadenhead s ign that?

A. Yes, he did.

Q. And d id any one e ls e s ign tha t?

A. I did.

Q. And what was the date that you and Joey Cadenhead

reached this confidential informant agreement?

A. June 13th, 2006.






Exhibit 146.

BY MS. PARKER:



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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. Basical ly, 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. Al l r ight . A ny th ing e lse?

A. Umm, it just spel ls 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 th is the standard CI contract that the

Lawrence Police Department enters into in situations

like this?

A. Yes , w ith our in formants , yes .

Q. All r ight . And then after reaching this

agreement with you and the Lawrence Police Department,

did you ask Joey Cadenhead to do anything?

A. Yes.

Q. What d id you a sk h im to do?

A. 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 r ight . 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,

it was the middle of summer. There was no place to hide

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 w ould 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. That is correct.

Q. All r ight . And why do you do tha t?

A. I t' s a safety issue. Not only we' re worried

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. Do you

recognize both of those exhibits?

A. 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 r ight . Now, you are not heard on this

transcript as part of the conversation, correct?

A. That is correct . Except ini tial ly, I 'l l 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. I 'm no t in the conversa tion , no.

Q. But you can hear i t contemporaneously with when

the conversation occurs?

A. I can hea r it re al time , y es .

Q. 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.


government offers CI Exhibit 1.1.



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that was issued to Joe Cadenhead on 6/14/06 in the

amount of $285.


United States offers Government's Exhibits CI 1.2, CI

1.4, and CI 1.5.



THE COURT: At this time, those exhibits are

admitted.

BY MS. PARKER:

Q. Now, Officer Rantz, I 'd like to direct your

attention to Government's Exhibit CI 1.2. What is that

a photograph of?

A. That' s a digital photo of a Dyson vacuum cleaner

that we sent with the informant.

Q. All r ight . And where did you get this Dyson

vacuum cleaner to send in with Joey Cadenhead?


Q. All r ight . Again, another new in the box i tem?

A. Yes.

Q. Show you Government 's Exhibit CI 1 .4 . What is

that?

A. That' s the post ing of the Dyson DC 15 on the

Flatlander 645 eBay seller name.

Q. And what date did Joey Cadenhead sel l that vacuum



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cleaner to Carrie Neighbors?

A. On June 14th.

Q. All r ight . 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

was made on 6/14/06, the same day. So, it's all ready

posted when I print this off.

Q. And down here in the corner, i t shows '06 s lash

14 slash 2006 which is consistent with the date you

printed this off?

A. That is correct.

Q. And you said that' s the date that you actual--

that Joey Cadenhead sold this vacuum cleaner to Carrie

Neighbors?

A. Yes.

Q. Show you C I 1 .5 . Wha t i s t hi s?

A. This is a copy of the check that was writ ten to

Joey Cadenhead on 6/14/06.

Q. All r ight . And do you recognize the s ignature on

that check?

A. Yes.

Q. Whose signature is it?


Q. And what did Carr ie Neighbors put in the -- or



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did someone put in the memo portion?

A. Vacuum.

Q. All r ight . And the payee is Joey Cadenhead?

A. Yes.

Q. All r ight . Where did you get this check?

A. From Joey Cadenhead.

Q. When?

A. Di rect ly af te r t he CI sa le .

Q. Did you -- d id you buy that vacuum cleaner back?

A. I tried.

Q. What happened?

A. 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 i t 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. That is correct.

Q. Now, prior to the f irs t 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 recal l any specific ones that I would

have been dealing with. That was a buy it now price.

Could there have been? There could have been. I don't

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. Absolutely.

Q. And why do you say that?

A. Because just l ike th is 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 , i t comes off the auct ion. I t

still -- you can still pull up the item number it just

says sold.

Q. Okay. Is there any advantage to using the buy i t

now selling rather than the bidding method of selling?

A. The speed of which you could sel l 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. Now, the check that we just looked at for $285?

A. Yes.

Q. Was that cashed?

A. Umm, I be lieve this one was, yes.

Q. All r ight . And what happened to the money?

A. 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. Yes.

Q. When was that?

A. Tw o days l ate r o n June 16 th .

Q. All r ight . And what was he sen t in with?

A. A new Ph il li ps DV D player.

Q. Show you Government' s Exhibits CI 2 .1 and CI 2 .1

T R. Is the first exhibit an audio recording of that

conversation?

A. Yes, it is.

Q. Which you heard contemporaneously with when i t

was made?

A. Yes.

Q. And is CI 2.1 T R a fa ir and accurate transcript

of that conversation?



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A. Yes.

Q. What is CI 2.2?

A. This is a digi ta l photo of the Phill ips DVD

player that we sent him in with.

Q. What' s Government 's Exhibi t CI 2 .3?

A. This is a picture of the ser ia l number for this

item.

Q. CI 2.5, what is that?

A. This i s a photo o r a -- I'm sor ry.

Q. I' m sor ry, w ha t i s C I 2 .5?

A. This is the check that was issued to Joey

Cadenhead on June 16th, 2006 for the Phillips DVD

recorder.

Q. All r ight . And what is Government 's Exhibit 147?

A. 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.


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: At this time court admits those

exhibits.



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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. What's that?

A. Tha t' s the Ph il lips DVD recorder.

Q. All r ight . What is th is l it tle orange plast ic

thing in the middle of that picture?

A. That' s just a shipping label that came from the

Target Corporation.

Q. All r ight . And nothing was removed by anyone?

A. No.

Q. Show you Government 's Exhibit CI 2 .3 . What' s

that?

A. That' s a copy of the ser ia l number. However, I

just noticed something. I believe this must be the

serial number off the other DVD player and not this one.

Q. Okay. When you say the other DVD player --

A. Yeah. We haven ' t got to i t, but we turned r ight

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 r ight . 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. CI 2.3 and 147.

Q. CI 2 .3 , you 're saying is a ser ia l 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. This must be the one from CI sale three.

Q. Wait a second. Just so we don 't lose t rack.

Just so that it's clear.

A. Is i t okay if I open it 'cause I'm going to pull

this other bag out of here please. This one I'm having

trouble reading 'cause it's mashed out.

Q. Whi le we s ti ll got i t, th is tha t you've

identified that you've left in the sleeve, you're saying

relates to CI Buy Number Three?

A. Yes, 'cause i t 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. Yes.

Q. That's Exhibit 147?

A. Yes.



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Q. It appears to be an or iginal check there in the

original exhibit?

A. It is.

Q. A ll r ight . Was that c ashed?

A. No, it was not.

Q. Why not?

A. We bel ieved at the way the investigation was

going that it would not compromise the investigation if

we kept the original document.

Q. All r ight . And Joey Cadenhead received how much

for that DVD player?

A. $125.

Q. Do you know what the retai l price of that was,

would have been?

A. I don't recall, no.

Q. Okay. Now, did you buy that DVD player back?

A. No.

Q. Did you r ecover it l at er ?

A. We recovered a DVD player. I can 't remember i f

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. Yes.

Q. All r ight . We' l l get the ser ia l numbers in and



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43

then we'll ask you to check them and tell us whether

it's number two or number three.

A. Absolutely.

Q. All r ight . And we' re talking about number three ,

so obviously, you sent Joey Cadenhead back in to the

Yellow House a third time?

A. Yes, on June 20th, 2006.

Q. All r ight . And what did you send him in with?

A. Another Phill ips DVD player. I 'm sorry, i t was

actually June 21st, 2006.

Q. And again, was the -- was he wearing a recording

device?

A. Yes.

Q. And were you able to listen contemporaneously to

the conversation between him and Carrie Neighbors?

A. Yes.

Q. And you recognized each and every t ime that you

were listening to these conversations Joey Cadenhead was

having that the person he was talking to was Carrie

Neighbors?

A. That is correct.

Q. And you knew tha t b ecau se?

A. I had dea lt wi th her undercover.

Q. You recognized her voice when you heard i t?

A. Yes.



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Q. Okay. Show you Government' s Exhibit CI 3 .1 and

CI 3.1 T R. What is that?

A. This is a CD recording of the CI 's controlled

sale of the second Phillips DVD player.

Q. All r ight . And you actually l is tened to that

conversation contemporaneously?

A. Yes.

Q. And have you l is tened to the DVD and reviewed the

transcript?

A. Yes.

Q. And are they fa ir and accurate representat ions of

the conversation that took place on that date?

A. Yes.


that?

A. This is a photo of the Phil lips DVD player.

Q. Show you CI 3.4 , ask you if you can identify

that?

A. Yes, this is the check that was issued to Joey

Cadenhead for the sale of the DVD player.

Q. And f inal ly, show you Government ' s Exhibit CI

3.7. What's that?

A. This is the ser ial number for the second Phill ips

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: At this time those exhibits are

admitted.

BY MS. PARKER:

Q. Okay. And then Government' s Exhibi t 3 I - - CI

3.2, is that a picture or photograph of the sealed box

with that Phillips DVD player?

A. Yes.

Q. This is the one that Joey Cadenhead went in to

sell the third time you sent him in?

A. That is correct.


that?

A. That' s a check issued to Joey Cadenhead on

6/21/06 for the DVD player.

Q. And w hen d id you ge t t ha t?

A. Right af te r the cont ro lled sa le .

Q. He would br ing i t out and give i t to you right

after he left the Yellow House Store?

A. Yes.

Q. Final ly, show you Government' s Exhibit CI 3 .7 .



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What is that?

A. That' s the ser ial number, make and model of the

DVD player.

Q. Now, with tha t ser ia l 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. We recovered one during the search warrant .

Q. All r ight . And that was the second search

warrant in when?

A. That would have been in Ju ly of 2006 .

Q. Again, that search wa rran t - -

MS. PARKER: Your Honor, the item is

downstairs in another room. It will take just a moment

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, Off icer Rantz . You have

indicated that you have fairly extensive experience in

investigation of undercover drug investigations,

correct?

A. That is correct.

Q. In the course of your t ra ining 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. Yes.

Q. All r ight . And have you become famil iar with how

drug users are able to maintain their drug habits, where

they get the money for their -- to support their drug

habits?

A. Yes.

Q. All r ight . And do they general ly keep regular 9

to 5 jobs if they have a serious habit?

A. I t' s very hard if they have a ser ious habit.

Q. All r ight . And then if they do have a ser ious

habit, how do they make the money to buy the drugs?

A. Umm, it 's usual ly through some kind of i llegal

activity, whether it be prostitution or theft or

burglaries.

Q. All r ight . 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 i t through

some kind of criminal activity, usually theft.

Q. All r ight . But then if you s teal something, how

did they make their money on it?



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MR. DUMA: Judge, I can really use the

restroom break right now if it's okay.

THE COURT: I'll go ahead and do that.

MS. PARKER: Yeah, and all we're going to do

is have him compare the serial number.

THE COURT: We'll take a recess.

MR. DUMA: Thanks.


THE COURT: Go ahead and take a recess at

this time, jury members. Please remember your

admonition. 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.)


(Whereupon court took a recess. Proceedings

then continued as follows: Court and jury

returned at 2:50 PM.)



BY MS. PARKER:

Q. Now, before we get to the las t subject, I do want

to clarify. I'm going to show you Government's Exhibit

CI 3.6, and ask you if you can identify that?

A. Yes, this is a Phil lips 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, f irst of a l l, let me offer

Government's Exhibit 3 -- CI 3.6.




Exhibit 3.6.

BY MS. PARKER:

Q. Now, Officer Rantz, if you would check, is the

serial number of this item -- does it appear on the box,

or at least a partial serial number?

A. The last two d ig it s o f i t do, yes.

Q. All r ight . And do the las t 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 digi ts

on the serial number were 42.

Q. All r ight . And -- a ll r ight . And based upon

that fact, are you able to say this is one of the two --

A. Yes.

Q. -- DVD players that was sent in with Joey

Cadenhead?

A. Yes.



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44

Q. And you recovered th at when?

A. In July of 2006 during the federal search

warrants.

Q. All r ight . So, a week or so later?

A. Yes.

Q. Now, you had mentioned ear lier that you had met

with certain security people at different stores that

had identified Joey Cadenhead as having stolen from

their store?

A. Yes.

Q. All r ight . And was one of those s tores Westlake

Hardware?

A. Yes.

Q. All r ight . And what were - - wha t d id you

understand was stolen from Westlake Hardware?

A. Among other i tems was a De Walt miter saw, chop

saw that had been a display model on a shelf.

Q. All r ight . I 'm going to show you Government' s

Exhibit 127, ask you if you can identify that?

A. Yes, th is 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. I t would have been end of May, f irst of June of

2006.



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Q. All r ight . And what caused you to go and pull

up --

MS. PARKER: Did I offer Government's

Exhibit 127?

THE COURT: No.

MS. PARKER: I would offer Government's

Exhibit 127 at this time.




Exhibit 127.

BY MS. PARKER:

Q. Okay. I 'm going to show the jury on the overhead

Government's Exhibit 127 which is an eBay advertisement

for what?

A. A De Wal t DW 705 chop compound miter saw.

Q. All r ight . And is that model consis tent with the

information you had about the stolen chop saw from

Westlake Hardware?

A. Yes.

Q. All r ight . After you found this i tem on eBay,

did you try to buy it back?

A. Yes.

Q. All r ight . And the sel le r here i s who?

A. Th is would be Flat land er 645.



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Q. And by this t ime, you knew that Flat lander 645

was who?

A. Yel low House , Car rie Neighbors .

Q. And were you successful in re-purchasing the chop

saw?

A. Yes.

Q. Show you Government' s Exhibi t 239, ask you if you

recognize this exhibit?

A. Yes, th is is the shipping labels , receipt, s ticky

note with the eBay item number, and the manual for the

De Walt miter saw.

Q. That' s the one that you just test if ied had been

stolen from Westlake Hardware?

A. That is correct.





THE COURT: At this time, court admits

Exhibit 239.

BY MS. PARKER:

Q. Now, there are mult iple i tems in Government' s

Exhibit 239, are there not?

A. There are.

Q. All r ight . Let me show you, f irs t of a ll , the



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photograph or a carbon copy of the plastic sleeve that

those items are contained in, correct?

A. Yes.

Q. And this is the documentat ion 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. That is correct.

Q. 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 Flat lander 645 eBay

purchase coming from Carrie Neighbors at the Yellow

House Store in Lawrence, Kansas?

A. That is correct.

Q. Show you Government' s Exhibi t -- the second page

of this photocopy, third page of the exhibit which shows

again a cash register receipt?

A. Yes.

Q. And how much d id you pay fo r tha t?



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from Westlake. Inside of it is the 12-inch De Walt

miter saw.

Q. When you bought that 12-inch miter saw from

Flatlander 645?

A. Yes.

Q. Did i t come in i ts ow n b ox?

A. Not in a De Walt box, no.

Q. All r ight . And did i t come in another kind of a

box?

A. Yes.

Q. How were you able to get th is De Walt box?

A. Westlake had kept what they had marked as display

boxes in the back of their store. This is what they

showed as their display box. On the top, it's actually

marked on display.

Q. All r ight . And when we talk about a display

item, how is that actually set up in the store?

A. What they -- what a retai ler 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. But it 's st il l a brand new item?

A. That is correct.

Q. And did you look at the De Walt saw that' s in



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Q. All r ight . 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. Absolutely, yes.

Q. And you had to kind of assure them that I'm not

going to use that against you. I think what you said on

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. On part of them, yes.

Q. Okay. And then on some of them, you actually had

to make full deals, and you talked about that briefly,

correct?

A. That is correct.

Q. All r ight . Now, the -- the sales , the s ix 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. Yes, sir.

A. Yes.

Q. Okay. And during that investigat ion, 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. That is correct.

Q. All r ight . 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. That is correct.

Q. 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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regulating pawn shops?

A. That is correct.

Q. All r ight . Now, in the buy -- in the f irst buy,

you went in there. And would you agree with me, and I

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 l is ted on

the actually employee board that were there.

Q. Okay. And I th ink even on the f i rs t 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. Do you remember?

A. I don' t spec if ic ally reca ll .

Q. Bu t L oi s J ack so n w as the re?

A. She was there, yes.

Q. Okay. Okay. Now, on the f irs t 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. Nothing was said about i t being s tolen, no.

Q. Okay. T ha t w as the f ir st buy ?

A. That is correct.

Q. Now, the second buy, same thing, correct?

A. There was no conversation about i t being stolen.

Q. And now, when I saw you walk in that f ront 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. Would


A. You can. There is - - you can see the front door

of the building is glass, so you can see in through the

front door, yes.

Q. All r ight . 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. Would you agree with that?

A. For the most part, yes.

Q. Okay. For the most par t, especial ly when she was

writing you out the checks, right?

A. Yes.

Q. And I th ink even on the f irst 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. Correct.

Q. All r ight . And then she a lso put exact ly what

was purchased on the check, correct?

A. On the f ir st coup le, yes .

Q. Okay. Now, that happened in the -- in the f irst

buy, correct?

A. Correct.

Q. Happened in the second buy, cor rect?

A. Tha t - - which part of it is correc t?

Q. 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. Correct.

Q. All r ight . And would the same thing be t rue of

the third buy?

A. I believe so, yes.

Q. All r ight . 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? I mean --

A. On eBay, yes.

Q. Yes. Yes. I f - - i f I was t rying to make money,



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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 sel l i t , the bet ter i t

is for getting cash back in so you can pay cus-- pay

your -- whatever your overhead is. Would you agree with

that?

A. Correct.

Q. Okay. Now, on number four, the fourth buy, you

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. Correct.

Q. 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 wi th the Olathe

or the Johnson County tags? Do you remember anything

like -- anything like that?

A. There was -- as I recal l and looking back at the

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

said yes, we both laughed. Then you'll see me bend over

and point at the tag. And I said something about being

from Johnson County. 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. Correct.

Q. All r ight . Do you remember exact ly what Miss

Neighbors might have said during that portion of the

conversation that the traffic noise was there?

A. I don' t recal l anything else other than me

pointing to my license plate.

Q. All r ight . Now, on that par ticular 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. Right.

Q. All r ight . And then later on, she specifically

said, but you're buying them, right? You're not --

you're not stealing them, are you, and she specifically

asked that question?

A. And there -- as I recal l, there was a statement

in between there.

Q. No, I know that - - I mean, there 's -- I'm not --

A. Oh, okay.

Q. I 'm not suggesting those -- there weren' t

statements in between.

A. Okay.

Q. I 'm just focusing on those particulars things

that Miss Neighbors said.

A. What she -- yeah, she said, you 're not stealing

'em, right? And I -- as I recall, what I replied was,

I'm not doing anything with that.

Q. Jus t a s econd, Mr. R an tz .

A. Oh, I thought you --

Q. No. I apologize . I 'm trying to get what Miss

Neighbors said. I think the government's going to

probably re-ask what you might have said. All right?

A. Okay.

Q. And she said, but you' re buying them, right?



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You're not like stealing them, are you? Isn't that

exactly what she said?

A. She did say that, yes.

Q. Okay. And then later on, she said nobody's going

to come over and take these away from me, right?

Correct?


Q. And did you take that to mean that - - that l ike

the cops weren't going to come in and take 'em because

they were stolen?

A. That' s what I took that , they meaning being the

police.

Q. Okay. Okay. So, the re was k ind of a

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. Would


A. Do you have a specific s ta tement that you' re

asking about?

Q. That' s a horrible quest ion, so, I 'l l -- le t me go

to Buy Five, okay? I'll withdraw that question. Now,

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. Would you kind of agree with that?

A. That 's what she s aid, yeah .

Q. 'Cause she kept asking you what' s your name?

A. That is, yes.

Q. Okay. So, d id i t appear to you l ike maybe she

just wasn't remembering who you were from time to time?

A. Umm, or e ither that , or she was writ ing a lot of

names. 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 lo t of business,

sometimes $40,000 a month I think's what she said?

A. Yes, she did tel l me she 'd writ ten 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. But this is in Lawrence, Kansas,

right?

A. Correct.

Q. And would you agree that the general kind of

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 al ternative types of

cultures and people in Lawrence.

Q. More so there than let 's say in Lenexa, Kansas.

Would you agree with that?

A. Yes , because o f the un iversi ty, yes.

Q. Right . Okay. So, i f 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 a lso say that

it causes people to take pause.

Q. Okay. Now, on the -- on the f if th buy, there 's a

guy in there trying to sell her -- or actually, I think

closing a deal on some newspaper ads, correct?

A. Yes.

Q. 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. That the name of the paper in Lawrence?

A. Yes.

Q. Okay. So, that seemed l ike kind of a legit imate

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, i t seemed like she was doing some kind of

advertising.

Q. Okay. And at that - - on that sale number f ive,

there were also other people in the store. That's a

true statement.

A. Yes.

Q. Okay. And when you came in on the f if th

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. You

weren't trying to set me up, were 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. Yes.

Q. All r ight . And she specifically said, yeah, see ,

I have to. I can't buy stolen goods. Would you agree



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with that?


Q. Okay. And again, on -- on that f if th sale, she

had to ask you what your name was again, if I -- if I

read this transcript correctly?

A. Yes.

Q. Okay. Then we go to the s ixth 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. Would you agree

with me on that one?

A. Other than I referred to as our guy was able to

get me some more stuff?

Q. Right.

A. Right.

Q. Okay. I t wasn' t - - i t 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. Yes.

Q. That sort of conversat ion didn 't take place on

the sixth sale?

A. N ot on the s ix th s al e, no.

Q. Okay. And during this investigat ion later on,

you -- well, let me ask it this way. At one point in



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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. Correct.

Q. 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 t ruck driver that

named -- or that brings in tools every -- once every

week or two?

A. Yes.

Q. Okay. And you later determined that that might

be Mr. Parsons?

A. Yes.

Q. Okay. And that was after you had a fur ther t ime

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. Yes.

Q. All r ight . Now, the search warrant occurred in

-- executed December 2nd of 2005, correct?

A. Yes.

Q. And at the same t ime or pretty c lose 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. Yes.

Q. Okay. And you heard Agent Nitz tes ti fy that

shortly thereafter, eBay and PayPal shut down Yellow

House -- their -- their accounts for eBay and PayPal.


A. Yes.

Q. 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. Yes, i t was a house -- there was a lo t of s tuff

in it.

Q. Okay. I mean, I saw a t readmill and I saw there

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. That is correct.

Q. All r ight . 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. Would




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A. Yes.

Q. Okay. So, those -- those documents were there a t

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. Would you agree with that?

A. Yes.

Q. Now, the -- the receipt, the Patrick Nieder

receipt, I did not see a date on that. Did you remember

seeing one on there?

A. F rom w hen i t w as co ll ec ted?

Q. No.

A. Or when it was written?

Q. When it was written.

A. I believe it was 2004.

Q. 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. Without looking at i t, I bel ieve it was 2004,

though.

Q. All r ight . And that receipt merely is - - is

something like -- it looks like -- was it Jefferson

County?

A. Yes.



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Q. It looks like Jefferson County t raced some

property back to Yellow House that Patrick Nieder had

sold them in -- earlier, and that they took it from

Yellow House, correct?

A. That is correct.

Q. And then they would leave them a receipt to say,

hey, we took this from you, correct?

A. Yes.

Q. All r ight . 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. Right.

A. That is correct.

Q. Okay. Now, the shoes. Did you fol low up on

those shoes that were found in the garage of the

Neighbors' house?

A. Yes, I did.

Q. And -- and did you ta lk to the -- the owner of

the -- of the shoes?

A. Yes.

Q. Okay. I thought Off icer Bialek had done that,

but did you do a follow-up report on that?



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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. Offi ce r B ia lek d id , ye s.

Q. Officer Bialek did?

A. Yes.

Q. And then you -- and somebody spoke to them, I

assume, from the police department?

A. Officer Bialek.

Q. All r ight . And nothing from that - - those

conversations led you to believe that Yellow House was

involved with actually stealing the bikes. Would you

agree with that?

A. I didn 't ta lk wi th them, but that was my

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 lo t of

trashings of the business, and I'm not sure which label

you're talking about.

Q. Umm, well, let me ask i t 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. It was a dumpster outs ide the building, yes .

Q. Okay. And you didn' t observe any particular

person place those labels in that trash area. Would you

agree?

A. That is correct.

Q. 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. Would


A. I would not agree with that in the fact -- and I

base it on this. In order for the labels to get in the

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. They could have been, I gu es s.

Q. The per son w ho sto le them?

A. T hey cou ld have been , yes .



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Q. Or one of th e employees?

A. They cou ld have been I guess , yes .

Q. 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. That is correct.

Q. All r ight . But i f 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? Would you agree with that?

A. I 'm not sure. I would assume you would cal l the

manufacturer, but with it being a new item --

Q. Well, but s ince you -- i f I bought it f rom Yellow

House, I'm going to call the person I sent money to?

A. I guess they could be wanting to cal l 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.




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A. I would be in te rested 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. It could be, yes.

Q. Okay. I 'm not suggest ing 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.


A. Yes.

Q. Okay. And so, you had gotten a ll 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. Yes.

Q. All r ight . Did you brief h im about kind of how

to do an undercover sale or like what to say, what not

to say or like that?

A. After the f irst one where he got l imited

conversation, yes, I told him I wanted him talking more

with Miss Neighbors.

Q. All r ight . Have you been on the s tand long

enough these last two days?

A. I 've been up here awhile, yes .

MR. DUMA: Well, Judge, I have no further

questions.

THE COURT: Redirect?

MS. PARKER: Yes.

RE-DIRECT EXAMINATION

BY MS. PARKER:

Q. I 'm going to keep you up here about f ive more

minutes.

A. That's fine.

Q. All r ight . 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. Yes.

Q. And she told you in one of the recorded

conversations that she wrote $40,000 worth of checks per

month, correct?

A. For the last month, yes.

Q. 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 tha t 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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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. Continue.

BY MS. PARKER:

Q. Umm, those -- the -- the mixer that Nicol le Beach

stole, when the officers went to recover that from the

Yellow House, were they able to?

A. No, 'cause it was repor tedly sold.

Q. So, the quicker you move i t 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: Regards to it being leading,

sustained.

BY MS. PARKER:

Q. You were asked about the labels being pulled off

of some of the items. You've testified finding labels

in the trash?

A. Yes.

Q. All r ight . When you bought back i tems 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 yo u, did any of

them have labels removed?

A. Yes.

Q. Did you remove those label s?

A. No.

Q. All r ight . So, i f they got removed, i t wouldn' t

have been by you, the seller?

A. That is correct.

Q. But i f 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. Yes.

Q. All r ight . You were a lso asked about the

advertising man who was in the store during one of the

visits that you sold Carrie Neighbors items?

A. Yes.

Q. When you had your conversat ion with her about the

sale items that you had and when you arrived at a price,

was he privy to your conversation?

A. No.

Q. 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. No, I negotia ted those prices directly with

Carrie.

Q. All r ight . When you were -- you said when you

were standing at the front door at the glass door

looking in, you could see into the store?

A. You cou ld see in the store, yes.

Q. Could you hear what was being said on the inside

of the store if you were on the outside?

A. Not to my knowledge, no.

Q. You were asked about taking a sta tement from Joey

Cadenhead and then giving him instructions on how to

interact with Mrs. Neighbors?

A. Yes.

Q. What specif ical ly did you te ll him about how to

interact?

A. What I asked him to do was go into the business ,

do a typical sale. However, I wanted -- after listening

to his first sale, I wanted additional conversation

where they were actually talking about the item.

Q. Did you tel l h im wha t t o s ay?

A. No.

Q. All r ight . The words that he spoke in there were

his own?

A. Yes.



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Q. All r ight . During your interviews, you were

asked about interviewing the witnesses, and you said you

interviewed about half of them, correct?

A. Yes.

Q. When you conducted those interviews, did you te ll

any of them how to answer your questions?

A. Just truthfully.

Q. All r ight . But you didn' t g ive them detai ls?

A. No.

Q. All r ight . You were asked about some of your

conversations during the sales with Carrie Neighbors?

A. Yes.

Q. Specifically, I believe your conversat ions 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. That is correct.

Q. What did she say?

A. As long as yo u' re buying them.

Q. And what did you say?

A. Well, I'm not.

Q. All r ight . D id she coach you in any way?

A. She asked me at that point i f I was a policeman.




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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: Anything else, Mr. Duma?

MR. DUMA: No, Your Honor. Thank you.

THE COURT: In this instance, court would

find that this is proper redirect. This line of

questioning was covered with the witness on

cross-examination. Objection overruled.

BY MS. PARKER:

Q. Did she coach you?



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48

A. Did she coach me?

Q. Yes.

A. Yes , on number f ive -- Buy Number Five .

Q. What did she say that you fe lt she was coaching

you?

A. 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: Let me -- I'll rephrase the

question.

MR. DUMA: I'd like to just have the exact

words and then --

THE COURT: Your objection's sustained.

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: May we please approach the bench?

THE COURT: Come up.

(Proceedings held at the bench, outside the



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48

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 th at'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. The transcript is not the best

evidence. 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.

MS. PARKER: I didn't open the subject,

Mr. Duma.

THE COURT: Anything else?

MR. DUMA: 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: Correct.

THE COURT: 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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48

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. That evidence is all ready before

the court and the jury. 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

limited to the questions that I asked. I only asked

about three or four statements, and not read the entire

statement back into evidence.

MS. PARKER: I don't intend to read the

entire statement.

MR. DUMA: I have no objection to proceeding

in that fashion.

THE COURT: If there's nothing else, please

continue.

MR. DUMA: Thank you.


BY MS. PARKER:

Q. Officer Rantz , in the in terest of conserving



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48

time, I wanted to hand you back Government's Exhi bit Buy

4.1, the transcript of that, and hand you b ack 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. All right?

A. Yes, ma'am.

Q. All r ight . 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. Do you remember that?

A. Yes.

Q. All r ight . Going to the por tion of tha t

transcript marked 5:14 Rantz?

A. Yes.

Q. What exact ly d id you say there?

A. 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. What did Mrs . N eighbo rs say?

A. Yeah.

Q. What did you say next?

A. And he's able to nab s tuff basical ly before i t



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48

gets into the store, so --

Q. And what did she say in response to that?

A. As long as you 're pay ing for them.


A. 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 wrote that list of crap on what

he had. I told him I'd see if you wanted them.

Q. All r ight . And what was her next comment?

A. What 's he want ing for th em.

Q. So, a t that point, she didn 't say, I 'm not buying

them?

A. No.

Q. All r ight . And then l it tle b it later on down at

6:18, what does Carrie Neighbors say little further on

in the conversation?

A. You're buying them r ight , you 're not like --

you're not stealing them, are you?

Q. And w ha t d id you t el l h er?

A. I 'm not doing anything with them 'cause I

don't -- I don't work there. I get them from him, and

he said to see what I could get for -- see what I could



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48

you weren't calling the cops on me.

Q. And what did the defendant say?

A. Yeah, see , I have to. I can 't buy s tolen goods.

Q. What did you say?

A. Oh, well.

Q. Bu t w ha t d id she say to tha t?

A. The cops w ou ld ja ck me u p.

Q. All r ight . And what d id you say?

A. I know -- I know, but you 're not stealing it .

It's coming to me.

Q. And what did she say in response to that?

A. Right . But you have to be buying i t. You 're

buying it from the manager who's getting it at a really

great deal.

Q. All r ight . And you told her what?

A. Well, I wish he was the manager, ' cause it would

sure make it a lot easier.

Q. Okay. Now, who was the f irst one to mention that

you should be getting those items from a manager?

A. That w as Mis s N eighbo rs .

Q. All r ight . She told you to say tha t?

A. Yes.

Q. Thank you. I have no fur ther quest ions.

THE COURT: Any re-cross?

MR. DUMA: No, thank you, Your Honor.



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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: I do.

THE COURT: Please take your seat. Careful

as you get in there. If you would, as you give your

answers to the questions you're asked, please speak up

loud and clear speak into the microphone. Have you

start with you stating your name.

THE WITNESS: John Hanson.

THE COURT: Please spell your name.

THE WITNESS: John is J O H N. Hanson is H

A N S O N.

THE COURT: Thank you. Mr. Oakley.

JOHN HANSON,

Called as a witness on behalf of the government, having

been first duly sworn, testified as follows:

DIRECT EXAMINATION

BY MR. OAKLEY:

Q. Si r, how a re you emp loyed?

A. I 'm a detective with the Lawrence Police



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49

Department.

Q. How long have you been a detect ive with the

Lawrence Police Department?

A. I 've been a detect ive for 10 -- approximately 10

years.

Q. And how long had you been a police officer?

A. Well, I 've actually been a pol ice off icer about

26 years, but working for Lawrence, I started there in

'91, so approximately just under 20 years at Lawrence.

Q. Okay. And the las t 10 years , you 've been a

detective?

A. Yes.

Q. I 'd like to ta lk to you about December 2nd of

2005. 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. Yes, I was.

Q. Prior to that date , d id you have any involvement

in this investigation?

A. No, I did not.

Q. 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. Yes.

Q. What w ere you a sked to do?



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49

A. I was asked to in terview Carrie Neighbors .

Q. And do you see the person you 've identified as

Carrie Neighbors in the courtroom here today?

A. Yes, I do.

Q. And would you tel l 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

the investigation. Prior to talking to Miss Neighbors,

had you talked to Officer Micky Rantz?

A. Yes.

Q. And so, were you familiar with an undercover

operation that he had conducted with the Yellow House

Store?

A. Yes.

Q. You said that you were assigned to talk to -- to

the defendant. Did she agree to talk to you?

A. Yes, she did.

Q. Now, were -- where were you at when you were

talking to her?



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A. Actually s tarted in the s tore , 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, i t was your idea to ta lk to her in an

unmarked patrol car?

A. Yes.

Q. Why did you want to ta lk to her in the patrol

car?

A. Two reasons. One being, they were serving a

warrant in the business at that point. Two, there's a

lot of noise and just distraction. I wanted to be able

to talk to her.

Q. So, it was out of the way?

A. Yes.

Q. And also, there would be less noise in the car

than there was in the business?

A. Yes.

Q. Did she agree to talk to you in the patrol car - -

or excuse me, in the unmarked car?

A. Yes.

Q. Was she under arrest a t any point during your

conversation?

A. No, she was not.



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Q. And did you te l l her that she was not under

arrest?

A. Yes, I did.

Q. Because she was not in custody or under arrest,

were you required to read her her Miranda rights?

A. No.

Q. While you were ta lking to the defendant , were you

recording the conversation in any way?

A. I t was being recorded. I myself was not . I t was

-- Officer Heffley was also present, and he is the one

that actually had the recorder.

Q. And he was present in the patrol car with you?

A. Yes.

Q. And so, h is recorder was able to pick up the

conversation that you were having with the defendant?

A. Yes.

Q. I 'm going to hand you what 's been marked as

Government's Exhibit 149 and ask you if you recognize

this. Do you recognize that, sir?

A. Yes.

Q. What is that?

A. That' s going to be the DVD of the recording of

the interview with Carrie Neighbors.

Q. Have you had an opportuni ty prior to coming into

court here today to review that recording?



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49

A. Yes.

Q. And is that a fair and accurate recording of the

conversation that you had with the defendant?

A. Yes, it is.

Q. 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. Yes.

Q. What is that?

A. Tha t i s work - - someone has - - i t' s the

interview.

Q. Is i t a transcript o f the in te rv iew?

A. 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. Yes, I did.

Q. 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.





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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: 38 minutes?

MR. OAKLEY: Yes, sir.

THE COURT: Yes.


BY MR. OAKLEY:

Q. Detective , le t me direct your at tention to the



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beginning of the -- the audiotape. It sounds like the

first couple minutes occurred inside the store. Is that

correct?

A. That is correct.

Q. 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. TK, did that s ignify Sergeant Khatib?

A. Yes.

Q. And JB was Jay Bialek?

A. Yes.

Q. Okay. And then after that ini t ia l conversat ion

in the Yellow House Store, you then moved into the

patrol car?

A. Yes. I t was an undercover detect ive car. I t

wasn't a white car with lights on it. It was an

unmarked detective unit.

Q. Yeah, I keep saying patrol car. I t' s an unmarked

car?

A. That is correct.

Q. And at some point, there was a -- another woman's



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voice signified by UF. Does that stand for unidentified

female?

A. I'm assuming.

Q. Was that just somebody wanting you to move your

car?

A. I t was the lady I bel ieve 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: I have no further questions,

Your Honor.

THE COURT: Regards to your

cross-examination, you're welcome to it. I don't know

how long you think you're going to take.

MR. DUMA: Judge, I'm going to take no

questions. Thank you.

THE COURT: There being no further questions

of the -- of the witness, at this time was the witness

subpoenaed to appear?

MR. OAKLEY: Yes, Your Honor.

THE COURT: Are you asking that he be

released from his subpoena?



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MR. OAKLEY: Yes, Your Honor.



THE COURT: At this time, sir, you are

released from your subpoena. You are excused. You're

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: Yes, sir.

THE COURT: Thank you. Go ahead and take

our evening recess at this time, jury members. Again,

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. Please keep

that in mind. 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.)


(Whereupon, court recessed proceedings.)



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C E R T I F I C A T E

I, Nancy Moroney Wiss, a Certified Shorthand Reporter

and the regularly appointed, qualified and acting

official reporter of the United States District Court

DAY 3 Trial of Carrie Neighbors

Documents

Transcript of DAY 3 Trial of Carrie Neighbors