DAY 4 Trial of Carrie Neighbors

8/6/2019 DAY 4 Trial of Carrie Neighbors

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USA V CARRIE NEIGHBORS

NANCY MORONEY WISS, CSR, RMR, FCRR

50

UNITED STATES DISTRICT COURTDISTRICT OF KANSAS

UNITED STATES OF AMERICA, Docket No. 07-20124

Plaintiff, Kansas City, Kansas

Date: 9/16/10v.

CARRIE NEIGHBORS,

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

TRANSCRIPT OFJURY TRIAL - DAY FOUR

BEFORE THE HONORABLE CARLOS MURGUIA,UNITED STATES DISTRICT JUDGE.

APPEARANCES:

For the Plaintiff: Marietta 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:John Rea

Direct Exam by Mr. Oakley 514Cross Exam by Mr. Duma 522

Re-Direct Exam by Mr. Oakley 525Joey Ray Cadenhead

Direct Exam by Ms. Parker 527Cross Exam by Mr. Duma 569Re-Direct Exam by Ms. Parker 584

Shannon RiggsDirect Exam by Ms. Parker 589Cross Exam by Mr. Duma 595

Amy PriceDirect Exam by Mr. Oakley 598

Jay BialekDirect Exam by Mr. Oakley 602

EXHIBITS: OFFERED RECEIVEDCI 1.6 556 557CI 2.6 560 560CI 3.5 568 568Govt's 155, 155 TR 600 601Govt's 156, 156 TR 593 593Govt's 157 606 606Govt's 158 611 611Govt's 159 562 562Govt's 160 614 614

Govt's 161 617 617Govt's 162 618 618Govt's 163 619 619Govt's 164 619 620Govt's 165 623 623Govt's 166 624 624Govt's 167 623 624Govt's 168 625 625Govt's 169 626 626Govt's 170 630 631Govt's 171 631 631Govt's 172 632 632

Govt's 173, 174 632 633Govt's 175 633 634Govt's 176 634 634Govt's 177 620 620Govt's 178 637 637Govt's 179 638 638Govt's 180.1 639 639Govt's 180.2 641 641Govt's 181 642 642


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EXHIBITS: OFFERED RECEIVEDGovt's 182 643 643Govt's 183 644 644Govt's 184 645 645Govt's 186 648 648Govt's 187 650 650

Govt's 188 651 651Govt's 189 652 652Govt's 190.1, 190.2 652 652Govt's 191 653, 656 654, 656Govt's 192 656 656Govt's 193 657 657Govt's 195 658 659Govt's 196 661 661Govt's 197.1, 197.2 662 662Govt's 198 663 663Govt's 199 664 664Govt's 200 664 664Govt's 201 665 666Govt's 225.1 518 518Govt's 225.2 519 519Govt's 225.3 520 520Govt's 225.4 521 521Govt's 226 645 645Govt's 228 635 635Govt's 235 628 628Govt's 236 629 629Govt's 237 623 623Govt's 238 621 621


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THE COURT: Thank you. We're getting ready

to call back the jury unless there's anything that needs

to be brought up.

MS. PARKER: Your Honor, this morning,

Mr. Duma provided to the government a copy of a

recorded -- a telephone call that Mrs. Neighbors had

with the government's next witness. Mr. Duma I know was

not aware of the existence of that recording until

yesterday afternoon, and he did appropriately make it

available for our review this morning. We have no

objection in this instance if he wants to enter the

recording and play it, but I would make a motion on

behalf of the government, basically, if Mrs. Neighbors

has any more of these undisclosed kinds of tape

recordings, that they be denied as evidence in this case

for failure to follow the notice rules and to provide

the government with copies of them. If we have to stop

and do this with every witness or with three or four

more witnesses, it's going to prolong this trial another

day or day and a half. So, we just make the motion that

any late disclosures disqualify the evidence.

THE COURT: Mr. Duma?

MR. DUMA: Your Honor, I appreciate what

counsel has said. I have given to the government the

only other potential document that might come in as an


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exhibit that I had not previously identified in my

exhibit list. To my knowledge, and I will state that

I've discussed this with my client, we have nothing else

that we're going to offer in impeachment -- in the way

of impeachment other than what I have provided the

government. Now, if something out of the ordinary

occurs, then we'll take that up at the bench, but I

think that we've got this problem solved.

MS. PARKER: And Mr. Duma has provided us

with two documents, and we have no objections to the

defendant using that I believe in cross-examination of

one of the witnesses. But other than that, we would

object to any other late disclosures.

MR. DUMA: And Judge, the only other thing

I'll say, this will push us back about 15 minutes, but I

think because of the importance of this particular issue

to my client, I think I will, if the government doesn't

have an objection, just play this phone recording that

Miss Neighbors had with this -- with this witness, for

what it's worth.

MS. PARKER: And Your Honor, we don't have

any objection to the playing of the recording, but some

of the statements on there are self-serving by Miss

Neighbors and have really nothing to do with impeaching

this witness. What Mr. Neighbors knew, what


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Mrs. Neighbors knew that she's imparting to this witness

in the phone call would have no bearing on any kind of

impeachment or cross-examination. So, we would just

request that the portion that you play be limited to

that portion which you feel is impeachment, which I

think is the first part of it.

MR. DUMA: That's going to be almost

impossible for me to do, 'cause I -- I think -- I mean,

just because I really have had relatively recent

exposure to it. I -- if the government feels

comfortable in having their technical people stop it at

an appropriate time, but I think that -- that -- if

we're not going to play at all, then let's just not play

any of it, because I don't -- I don't have it

transcribed, I don't have a way to -- to -- to do that

on a short notice. So, if the government -- I thought

Miss Parker said she wasn't opposed to having it played.

I can't redact it at this late date, so I'll just not

play it at all if the government has the objection.

MS. PARKER: Well, we object, as I said, to

the part that basically tells her story of the shoes

without opening her up to cross-examination on it, and

this witness has no idea what happened between

Mr. Neighbors and the person who sold him the shoes.

So, there's no way it can impeach his testimony, and I


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think the portion that you -- the defendant believes is

the most telling is the one where he says he got two

cartons of shoes back, when in fact the police report

says there were 12 cartons returned, and once we get

past that, I don't think there is any other portion of

that tape-recording that is anything other than

self-serving.

MR. DUMA: I would agree, and as long as the

government is responsible for stopping it after that

with their technical people, because I don't have the --

I'm not set up to play it. It's relatively short.

MS. PARKER: Yeah, that's the first four or

five minutes.

MR. DUMA: Thank you. I mean --

THE COURT: Anything else? Let me -- let me

mention this to the parties in regards to this, and it's

a couple things here that have been brought to the

court's attention. Let me take up the last one first

and then get back to the late disclosure of this

evidence. In regards to the playing of the CD, for our

record, what would you mark that as, Defense Exhibit --

MR. DUMA: It would be Defense Exhibit 1.

THE COURT: Defense Exhibit Number 1 -- I

think we say 401, don't we, Jennifer?

MS. WALTON: Yes.


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THE COURT: Defense Exhibit 401, it's been

represented to the court that this exhibit is a

tape-recording that took place between the defendant

Carrie Neighbors and the government's witness that's

going to be called, Anthony Reyes.

MR. DUMA: No, sir, this gentleman here.

THE COURT: And what's his name?

MR. OAKLEY: John Rea.

MS. PARKER: And I may have said Reyes. I'm

sorry, it's John Rea.

THE COURT: John Rea, and I've heard the

arguments in regards to whether or not this should be

played. Let me comment in the following way. If it's

being offered as impeachment evidence -- is that

correct, Mr. Duma?

MR. DUMA: Impeachment and clarification,

yes, sir.

THE COURT: For impeachment and maybe even

for clarification which would be brought in with that

impeachment argument, what I would first suggest is that

the witness -- he's in the courtroom. Do you mind if

he's in the courtroom? Do you need him to leave?

MS. PARKER: I don't mind. He listened to

the tape.

THE COURT: Well, I'm going to ask that he


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leave the courtroom for a second.

MS. PARKER: All right.

THE COURT: Sorry, sir. If it's being used

for impeachment, possibly even clarification, it's

almost -- if it's clarification, almost something to

refresh his memory, but for impeachment, what the court

believe -- would believe would be proper would be for

counsel to ask him specifically, first, on the witness

stand, did he say whatever you think he said on that CD.

If he in fact does acknowledge that was said, then to

the court, that would eliminate the necessity of having

to play that for impeachment purposes. If he denies it

or if he doesn't recall, then at that point, I'd be more

inclined to let that be played at that point. In the

manner in which it's to be played, I don't know if we're

set up to actually have it stop, start, stop, start, for

the jury's benefit. I think if there's no objection

from the government, which there is partly, but we just

play that initial portion, and if anything, the parties

can ask for possibly a limiting instruction, and that's

also what Miss Parker is saying is argument in regards

to the weight the court should -- the jury should give

this evidence, but the court could instruct them that

it's being offered for purposes of clarification, and

what the court -- the jury should focus on would be his


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statements and not necessarily the comments from Miss

Neighbors. That's a suggestion. In -- so, that's where

the court believes that it is in -- regarding the

playing of the Defendant's Exhibit 401. In regards to

the late disclosure, there were rules in effect

regarding discovery, reciprocal discovery. I'm not

going to say at this point that there's any showing to

the court that this was done deliberately, Miss

Neighbors, or you did it in bad faith. That's not

before the court. I'm not going to make any ruling on

that. I'll give the benefit of the doubt at this point

to defendant. This was something just there and that

now has been discovered, but I do believe that if

there's anything in the future of this nature, the court

might have to look at it more closely, and at that

point, after argument and review, I may end up deciding

it may or may not come in. So, one of the ways I think

that could be possibly addressed by the parties before

it comes to the court is if in fact there is anything

else out there, that both sides immediately let the

other side know about that so that that could be

reviewed and then brought to the court's attention, if

necessary.

MS. PARKER: And Your Honor, if I haven't

made it clear, the government believes that Mr. Duma has


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been forthcoming and been timely in his disclosures. We

do not mean to infer that the late disclosure is in any

way attributable to Mr. Duma.

THE COURT: Anything else?

MR. DUMA: Nothing.

MS. PARKER: Nothing from the government.

THE COURT: So, are the parties then clear

on what the court has found to be in regards to this

exhibit?

MR. DUMA: Judge, I think what -- I think

what will happen is I think I will ask this gentleman,

do you remember a conversation you had with Miss

Neighbors. Since he just heard it, I'm sure he will. I

will ask him what might appear to be a discrepancy

between what he said and what he'll probably testify to,

and just from talking to him, I think he has a pretty

reasonable explanation. Then there won't be any

necessity to play that tape.

THE COURT: We'll see what takes place on

the witness stand, but that would probably be along the

lines of what I am recommending to be the appropriate

way to address this. If there's nothing else, we'll

call the jury back.

MS. PARKER: Thank you, Your Honor, for

giving us the time to take that up.


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(Jury returned to court at 9:35 AM.)

THE COURT: Good morning.

THE JURY: Good morning.

THE COURT: Thank you. Hopefully everyone

had a good night's rest. As you know, we're having the

day's full of the evidence. So, need for you once again

to be alert, to be attentive to everything that's being

presented to you. And I will apologize for our delay

this morning. That's solely the decision of the court,

and not that you would, it's not to be held against the

parties. There are just times that things arise, and I

have to review certain things or do certain things, and

again, it's the court and not the parties. So, again,

thank you for your patience, your cooperation, and we'll

continue with the presentation of the evidence. Thank

you.

MR. OAKLEY: Your Honor, the United States

would call as its next witness John Rea.

THE COURT: Please come forward. Sir, if

you'll please 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


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loud and clear and speak into the microphone. And you

may want to move that microphone down a little bit.

There you go. Thank you. We'll start with you stating

your name.

THE WITNESS: John Rea, R E A.

THE COURT: R E A?

THE WITNESS: Uh-huh.

THE COURT: Thank you. Mr. Oakley.

JOHN REA,

Called as a witness on behalf of the government, having

been first duly sworn, testified as follows:

DIRECT EXAMINATION

BY MR. OAKLEY:

Q. Sir, how are you employed?

A. I'm employed at Asay Sportsman Store. I'm the

owner.

Q. You own the --

A. Yes.

Q. -- the sporting goods store?

A. Yes.

Q. And it's probably clear by its name, but what's

Asay's do?

A. Mr. Asay is the original owner. That's who I

used to work for and who I bought the company from.

It's a just a family name.


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Q. All right. And it's a sporting goods store?

A. Right.

Q. How long have you owned the store?

A. I bought it in 1999.

Q. Prior to buying it in 1999, did you work at the

store?

A. Yeah, I started there in '82.

Q. Sir, I'd like to direct your attention to the

first part of February of 2006. At that time, were you

contacted by Lawrence police officers?

A. Yes.

Q. And did they discuss with you some shoes that

they believed might belong to you?

A. Yes.

Q. Prior to February 2006, did you have some cases

of shoes stolen from you?

A. In that February, we had a break-in in our mini

warehouse.

Q. Okay. At your warehouse?

A. Yeah.

Q. And where is that located?

A. It's on 8th, 8th Street about two miles from our

store.

Q. Okay. Were these -- you say warehouse. Did you

also have some storage units?


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A. It was a single storage unit that we had that we

put outdated shoes and merchandise in.

Q. Do you know how many cases of shoes that you had

in the storage unit at the time it was broken into?

A. I don't know an exact number how many we had.

Q. Okay. And what did you keep in there?

A. We kept outdated shoes. It could have been some

racks and some other -- other clothing and stuff that

was just outdated or we couldn't sell anymore.

Q. Okay. When you say outdated shoes, were these

shoes that you no longer wanted?

A. Well, it's not that we wanted them. They were

just older shoes, and they didn't -- didn't seem like

they were selling. We tried selling 'em for a long

time. So, we only have limited space in our store to

keep so much merchandise. And so, when it becomes

older, we move it to the warehouse.

Q. Okay. What did you intend to do with those

shoes?

A. What we normally do is we donate 'em to rescue

mission or boys' clubs or somebody like that.

Q. Okay. And do you ever have sales where you try

and get rid of some of your clearance items?

A. We generally have a sidewalk sale we call it in

the summer, one time during the summer, and try to get


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rid of some of the old obsolete merchandise.

Q. Okay. And sometimes if it's summer --

A. Sometimes those will come back, yeah.

Q. Did you indicate to the police officers that,

yes, you did in fact have some shoes stolen from you?

A. Yes.

Q. And did the officers return the shoes to you?

A. They returned 'em to my bookkeeper. I wasn't at

the store at the time when they brought 'em back.

Q. And did you determine that those shoes did in

fact belong to Asay Sports?

A. Yes, they had our price sticker labels on 'em.

Q. Okay. We talked about where the storage unit was

located. I think you said it was in Topeka?

A. Uh-huh.

Q. I assume the sporting goods store itself is

located in Topeka?

A. Right, yeah, downtown Topeka, uh-huh.

Q. Okay. When the officers talked to you, did they

call you on the phone or did they come to your place of

business?

A. When they brought back the equipment or --

Q. When they asked you about the stolen shoes.

A. They asked me about stolen shoes, they just

called, yeah.


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Q. I'm going to hand you some photographs that have

been marked, and first I'd like to hand Government's

Exhibit 225.1. Sir, do you recognize that photograph?

A. Yes.

Q. What's that a photograph of?

A. It's photograph of the boxes of shoes.

Q. And are those the boxes of shoes that were stolen

from your warehouse?

A. Yes.

Q. Is that photograph a fair and accurate depiction

of the boxes that were stolen from you?

A. Yes.

MR. OAKLEY: Your Honor, at this time I'd

offer Government's Exhibit 225.1.

THE COURT: Any objection?

MR. DUMA: No objection, Your Honor.

THE COURT: At this time the court admits

Exhibit 225.1.

BY MR. OAKLEY:

Q. Sir, those were the boxes that were returned to

you?

A. Yes.

Q. And just looking through here, appears there's

one, two, three, four, five, 10, 11, 12 boxes, is that

correct?


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A. Yes.

Q. Next going to hand you what's been marked as

Government's Exhibit 225.2. Do you recognize that?

A. Yes, it's a shipper label from the manufacturer

into our store.

Q. And was that label on -- typically on the outside

of the boxes?

A. Yes, we -- we very rarely ever took the shipping

labels off unless we were going to use 'em to re-ship.

Q. And was that a label that was affixed to one of

the boxes that was returned to you by the Lawrence

Police Department?

A. Yes.


of the way that label appeared when you received

those -- that item back?

A. Yes.

MR. OAKLEY: Your Honor, I'd offer

Government's Exhibit 225.2.


MR. DUMA: No objection.

THE COURT: At this time court admits

Exhibit 225.2.

BY MR. OAKLEY:

Q. Sir, it appears that this particular box with the


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label came from Nike to your store located there in

Topeka, is that correct?

A. Yes.

Q. Were all of these cases of shoes Nike's or were

there different manufacturers in there?

A. No, there was -- there was Nike, Converse, Asics,

Spotbilt, various manufacturers.

Q. Next I'm going to hand you what's been marked as

Government's Exhibit 225.3 and ask you to take a look at

that. Could you tell us what that is?

A. It's another shipper label.

Q. And that's a photograph of the shipping label?

A. Yes.


of the way that the label appeared?

A. Yes.

Q. And is that -- was that label affixed to one of

the boxes that you got back from the Lawrence Police

Department?

A. Yes.

MR. OAKLEY: Your Honor, I'd offer

Government's Exhibit 225.3.


MR. DUMA: No objection.

THE COURT: At this time the court admits


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A. Right.

Q. Now, you said that there were 12 boxes that were

returned to you by the Lawrence Police Department, but

did you have more than 12 cases of shoes in that storage

unit?

A. Yes, we did.

Q. So, there were additional cases that were not

returned to you?

A. Yes.

Q. In February of 2006?

A. Correct.

MR. OAKLEY: I have no further questions of

this witness, Your Honor.

THE COURT: Cross-examination?

CROSS EXAMINATION

BY MR. DUMA:

Q. Mr. Rea, you'd indicated that these particular

shoes that were returned to you were older shoes that

you had placed in the store but hadn't been able to

sell, is that correct?

A. Placed in the storage unit, yes.

Q. I mean, had they been in --

A. Originally, they were in the store for sale

retail-wise, yes.

Q. Okay. And then once they sat there in the store


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long enough, you thought, well, they're not moving, so

I'm going to take those out and put 'em in a storage

unit and put some newer stuff in to try to get it sold?

A. What we do is we try to sell 'em through the

summer sidewalk sale first, and then after that, then

move 'em to the warehouse.

Q. Okay. So, these particular shoes had not sold on

the store floor, had not sold on the summer sidewalk

sale, and then were sent to that storage unit?

A. Correct.

Q. Okay. And then from there, they normally went to

some donation through a mission or something?

A. Correct, we tried to donate 'em.

Q. Did you ever throw any of 'em away?

A. No, huh-uh, never.

Q. Just donated 'em if you could?

A. Yes.

Q. All right. Do you know when those -- when that

original theft occurred?

A. I believe it was in February of -- no, July 24th

of '03.

Q. July 24th of '03?

A. Uh-huh.

Q. Was the original theft?

A. Yeah.


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Q. Okay. And so, those 12 boxes were returned to

you after the police recovered 'em, is that correct?

A. They were returned to my bookkeeper, yes, to the

store, yes.

Q. All right. Do you remember when that was?

A. It was in February.

Q. Of '06?

A. Yes.

Q. Okay. Now, the -- the labels there on the -- on

the boxes, they clearly show that they tie those boxes

of shoes in with your store, I think is what we saw, is

that right?

A. They're boxes that were shipped to our store,

yes.

Q. Right, and those are the boxes that were returned

to you that had been previously stolen?

A. Yes.

Q. All right. So, if I -- if I saw that box, let's

just say government brought it in here and -- as an

exhibit, and they put it on the ground, and those labels

would be on the outside of the box, so that if I looked

at it, I could tell that it was supposed to have been

shipped to your store originally, correct?

A. Originally, yes.

Q. All right. Thank you. No further questions.


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THE COURT: Any redirect?

RE-DIRECT EXAMINATION

BY MR. OAKLEY:

Q. Just a follow-up on the last question that

Mr. Duma asked. So, anyone receiving those boxes of

shoes, just by looking at the outside, would know that

they at least at one point belonged to your store?

A. Correct, at some point, they were shipped to us

originally.

Q. And these were all boxes with brand new shoes;

may have been outdated, but they were brand new shoes?

A. Yes, all new.

MR. OAKLEY: No further questions, Your

Honor.

THE COURT: Any re-cross on that?

MR. DUMA: No, Your Honor. Thank you.

THE COURT: If there's nothing else of the

witness, was the witness subpoenaed to testify?

MR. OAKLEY: Yes, Your Honor.

THE COURT: Are you asking that he be

released from his subpoena?

MR. OAKLEY: Yes, Your Honor.


MR. DUMA: No objections.

THE COURT: At this time, sir, you are


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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, what you said in here, with

anyone else as you leave.

THE WITNESS: Okay.

THE COURT: Thank you.

THE WITNESS: Thank you.

MS. PARKER: Your Honor, as its next

witness, the government will call Joey Cadenhead.

THE COURT: Come forward. Before you sit

down, I need for you to raise your right hand.

(Witness sworn.)

THE WITNESS: Yes, sir.

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 and speak into the microphone.

THE WITNESS: Yes, sir.

THE COURT: Have you start with you stating

your name.

THE WITNESS: Joey Ray Cadenhead.

THE COURT: Will you spell your name?

THE WITNESS: C A D E N H E A D.

THE COURT: Thank you. Miss Parker.

MS. PARKER: Thank you, Your Honor.


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JOEY RAY CADENHEAD,

Called as a witness on behalf of the government, having

been first duly sworn, testified as follows:

DIRECT EXAMINATION

BY MS. PARKER:

Q. Mr. Cadenhead, what town do you live in?

A. Lawrence, Kansas.

Q. And you're here today under a subpoena, correct?

A. Yes, ma'am.

Q. All right. And you're here today because you

are -- agreed to cooperate with the government in an

investigation, correct?

A. Yes, ma'am.

Q. All right. And were you promised anything to

cause you to agree to testify and to participate in this

prosecution?

A. No, ma'am, other than not to be indicted in the

case.

Q. All right. In other words, you were told that

your statements would not be used against you in any

attempt to charge you as a conspirator in this case?

A. Yes, ma'am.

Q. But no other promises were made?

A. No, ma'am.

Q. Now, you have a criminal record, do you not?


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A. Yes, ma'am.

Q. All right. Isn't it true that on July 18th,

2006, you were convicted of a misdemeanor theft in

Emporia, Kansas?

A. Yes, ma'am.

Q. And July 18th of 2006, that's about the time you

were cooperating in this case, right, or shortly after

that?

A. Yes, ma'am.

Q. All right. Did anybody from law enforcement in

this case do anything to help you get out of that

misdemeanor theft?

A. No, ma'am.

Q. All right. You were convicted on July the 11th

of 2006 of another misdemeanor theft from Lawrence,

Kansas, correct?

A. Yes, ma'am.

Q. No help from anybody to get you out of that?

A. No, ma'am.

Q. On November the 27th of 2006, you were convicted

of another misdemeanor theft, again in Lawrence, Kansas,

correct?

A. Yes, ma'am.

Q. On September 26th of 2007, you were again

convicted of a misdemeanor theft in Douglas County,


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Kansas?

A. Yes, ma'am.

Q. And Douglas County is the county Lawrence is

located in, correct?

A. Yes, ma'am.

Q. On July -- or in July of 2010, you were convicted

of the felony of burglary, again, in Douglas County,

Kansas?

A. Yes, ma'am.

Q. And on July the -- in July of 2010, you were also

convicted of the -- of misdemeanor theft, again, in

Douglas County?

A. Yes, ma'am.

Q. All right. And any of those cases, did anybody

in law enforcement associated with this case do anything

to help you get out of it?

A. No, ma'am.

Q. All right. Now, I'd like to direct your

attention to the early summer of 2006. Where were you

living then?

A. Lawrence, Kansas.

Q. All right. And how were you making a living?

A. Stealing.

Q. All right. Stealing from where?

A. Businesses.


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Q. Why were you stealing things to make a living?

A. Support my drug habit.

Q. What drug habit did you have?

A. Crack cocaine.

Q. You needed cash to buy drugs?

A. Yes, ma'am.

Q. Were you working at a regular job?

A. At first, yes. Then I got fired from my job.

Q. All right. So, after a while, by June and July

of 2006, were you unemployed?

A. Yes, ma'am.

Q. And prior to June of 2006, how long had your drug

habit been active?

A. A few months.

Q. So, you started using crack cocaine sometime in

the first part of 2006?

A. Yes, ma'am, I had got back on it.

Q. All right. You had used it before?

A. Yes, ma'am.

Q. Are you using it now?

A. No, ma'am.

Q. How long has it been since you've had crack

cocaine?

A. I've been sober off drugs for 25 months.

Q. 25 months. All right. What effect did your


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crack habit have on your life?

A. Lost everything I had.

Q. Like what?

A. My family, my job, anything that means anything.

Q. All right. When you were stealing items, what

kind of items were you stealing?

A. Like power tools, stuff that I could get some big

money for.

Q. And what stores? You said you were stealing 'em

from stores. Do you remember the names of the stores

you were stealing from?

A. Kohl's, JC Penney's, Home Depot, Ace Hardware,

Westlake's.

Q. All right.

A. Grocery stores.

Q. What did you steal from grocery stores that were

expensive items?

A. Meat.

Q. What did you do with the meat?

A. Sold it.

Q. On the street?

A. Yes, ma'am, on the street as well.

Q. As well as what?

A. Yellow House.

Q. So, Yellow House would buy meat from you?


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A. A couple times.

Q. All right. The other items that you mentioned

that you stole, the more expensive items, what did you

do with those?

A. Sold 'em to Yellow House.

Q. All right. How did you know about the Yellow

House?

A. Friend of mine had told me that.

MR. DUMA: Judge, I'm going to object to

anything the friend had specifically told him.

MS. PARKER: Your Honor, we're not offering

it for the truth of the matter. We're offering it only

to explain why he went to the Yellow House.

THE COURT: Come forward.

(Proceedings held at the bench, outside the

hearing of open court.)

THE COURT: In regards to the objection, I'm

going to sustain the objection regarding the hearsay

statements that he may have been told by another third

party. If in fact the government is not offering it for

that reason, I think it would be appropriate at this

time for the government just to ask the witness that his

knowledge was based on communications with some other

person, but not the exact nature or specific nature of

the communication, if you're using that just for


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background for his knowledge in regards to the Yellow

House.

MS. PARKER: Yeah, and that is all we're

using it for, Your Honor. I'll just rephrase the

question and ask him if somebody told him about the

Yellow House and if he went there.

MR. DUMA: No objection to that.

THE COURT: Please continue.

MR. DUMA: Thank you.

(Proceedings continued in open court.)

BY MS. PARKER:

Q. Now, Mr. Cadenhead, you said somebody told you

about the Yellow House?

A. Yes, ma'am.

Q. And was that Lee House?

A. Laura Helm and Lee House.

Q. All right. And who, first of all, is Laura Helm?

A. She's acquainted to me through my children's

mother which is her aunt.

Q. All right. And who is Lee House?

A. Her brother.

Q. All right. Were you living with them at the

time?

A. Kind of, yes.

Q. And did you and Laura Helm have some kind of


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partnership?

A. Yeah, for the most part, you could say that, yes.

Q. All right. And what did your partnership do?

What did you and Laura Helm do together?

A. Well, we would go in, for instance, like Kohl's,

and I would go to steal something, and she would act

suspicious, and then I would tell somebody that worked

at the store she was stealing, so they would watch her,

and then I would walk out the door.

Q. Okay. So, she was like a decoy for you when you

wanted to go in and steal something?

A. Yes, ma'am. Yes, ma'am.

Q. All right. And you said that you would go tell

the security people?

A. Yes, ma'am.

Q. What would you tell them?

A. That I seen some lady stick something in her

pants.

Q. All right. And then based upon your

observations, you saw the security people go follow her?

A. Yes, ma'am.

Q. And then what would you do?

A. Walk out the store with what I had.

Q. All right. I'm going to hand you what's all

ready in evidence as Government's Exhibit 116, and I'm


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also going to show it up here on the monitor for you.

Mr. Cadenhead, have you had a chance to look through

that book, and you know those are checks that were

written to you, correct?

A. Yes, ma'am.

Q. All right. And just as an example, this first

check in here is a check written to you on June 14th of

2006 for $285. Do you see that?

A. Yes, ma'am.

Q. All right. And that's for a what?

A. A vacuum.

Q. All right. And who signed that check?

A. Miss Neighbors.

Q. And when you went to Yellow House, you went there

more than once, correct?

A. Yes, ma'am.

Q. And before June the 14th of 2006, had you been to

Yellow House? Were you going there in June as -- I

mean, in May as well?

A. About that time, yes, ma'am.

Q. All right. And who did you deal with at the

Yellow House?

A. Carrie Neighbors.

Q. All right. And when you went in to sell

something, would you describe how that process worked?


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A. Well, depend-- I just walk in there with whatever

I had and --

Q. Let's say you had a vacuum on this occasion. You

walked in with a vacuum. What kind of vacuum would you

have taken?

A. A Dyson.

Q. Why a Dyson?

A. 'Cause it's expensive.

Q. And where did you get your Dyson vacuum cleaners?

A. Kohl's Department Store.

Q. All right. You got 'em all at Kohl's?

A. Yes, ma'am.

Q. Using that little diversionary trick with Laura

Helm?

A. On one, yes. On the other, no.

Q. How did you get the other one out?

A. I just got it and walked out of the store with

it.

Q. Okay. So, you'd walk -- when you walked in with

this Dyson vacuum that you've just stolen from Kohl's,

what -- how did the transaction occur then?

A. I told 'em that I had something to sell, that I

was trying to get rid of it, that I'd got it for a gift,

and that I wanted to sell it, and she asked what I

wanted, and I offered her a price, and she told me she


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wouldn't give me that.

Q. Do you remember what price you asked for?

A. I want to say, I'm not hundred percent sure, but

it was like 350 or something like that.

Q. Do you know what the retail value of that Dyson

was?

A. About $500.

Q. All right. You asked for 350, she said no, and

then what happened?

A. She said she would give me 285, and I said yes.

Q. All right. And so, then she wrote the check out?

A. Yes, ma'am.

Q. How did you cash that check?

A. At the Shell Gas Station about a block away.

Q. All right. And why did you go to the Shell Gas

Station?

A. Because it was close and I know they cash checks.

Q. How did you know they cash checks?

A. Laura and them had told me that I could cash the

check down there.

MR. DUMA: Judge, I'm going to object.

MS. PARKER: Somebody told you.

MR. DUMA: Your Honor, I'd appreciate it if

-- I don't think -- I think this witness needs to be

made aware that he can't say what other people told him,


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at least until I've had a chance to make an objection.

THE COURT: There is an objection being made

to hearsay, which is statements that a witness from the

witness stand may say based on what others have said to

them, and in regards to that, that's not allowed under

our rules, at least not unless there's an exception, and

in this instance, I would find the objection should be

sustained in regards to the witness's prior testimony

about what someone told him specifically. Please

continue.

MS. PARKER: Yeah. Thank you, Your Honor.

BY MS. PARKER:

Q. Laura Helm directed you to the gas station?

A. Yes, ma'am.

Q. All right. And did you have to use

identification?

A. Yes, ma'am.

Q. Okay. And you used your -- you look here,

there's some spaces that are blacked out. Would that

have been your driver's license number?

A. Yes, ma'am.

Q. All right. Now, did Carrie Neighbors put that

driver's license number on there or did they do that at

the Shell Station?

A. At the Shell Station.


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Q. All right. And going back to the summary page,

go down here to the column here that says check date,

6/1, June 1st of 2006, a check was made out to you for a

generator. Do you see that?

A. Yes, ma'am.

Q. Where did you get the generator?

A. Home Depot.

Q. Steal it?

A. Yes, ma'am.

Q. All right. Did you take it in -- was it in the

box brand new?

A. No, it was on the shelf.

Q. All right. And how did you get a generator out

of Home Depot?

A. I asked the store worker to help me get it off

the shelf, and then I rolled it to the front and got a

sticker that I had all ready had, put it on it, and took

it to return it.

Q. All right. Let's talk about that sticker. What

kind of a sticker did you put on it?

A. It's just a little green sticker. It comes in

sets of four. It says the Home Depot on it, and like

when you return something, they peel a little edge of it

off and put it on the item.

Q. Is that when you're walking in with an item that


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you want to return, somebody usually --

A. Yes, ma'am.

Q. -- puts that green sticker on?

A. Yes, ma'am.

Q. All right. So, anybody in the store looking at

it will know you're returning an item?

A. Yes, ma'am.

Q. And you said you had gotten some of those. Where

did you get 'em?

A. Off a counter, off the desk where the cashiers

are at.

Q. How did you get them when -- from the cashiers'

desk?

A. There was no cashier there, and I seen 'em, so I

snatched 'em.

Q. How many did you take?

A. A whole roll.

Q. Okay. So, you would walk in with some of those

little green stickers?

A. Yes, ma'am.

Q. In this case, you did, and you went to the

generator aisle?

A. Yes, ma'am.

Q. And why did you pick a generator?

A. Just 'cause it was worth a lot of money.


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Q. All right. And -- but it wasn't in a box?

A. No, ma'am.

Q. All right. And then you put one of those green

stickers on it?

A. Yes, ma'am.

Q. And then where did you go?

A. To the returns center at the other end of the

store by where the flower department's at, and told 'em

I needed to return it. They said that the store can't

return it because it comes from a manufacturer and you

have to call the manufacturer, so I knew they would tell

me that, and then they tell you just to call the

manufacturer and they send you out the door with it.

Q. They send you out the door with what they believe

was an item you'd all ready brought in with you?

A. Yes, ma'am.

Q. All right. And then after you got that generator

out of the store, what did you do with it?

A. I rolled it across the parking lot to the trailer

park next door and took it down to Yellow House.

Q. Did you live across the road from the store?

A. It's like -- it's not in the same parking lot,

but they're kind of next to each other.

Q. And was it obvious from looking at that generator

that even though it wasn't in a box, it was new?


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A. Yes, ma'am.

Q. And how could you tell it was new?

A. There was no scratches, no nothing on it. It

just had a little bit of dust from sitting on the shelf.

Q. Did you prefer to take items like that that were

a little bit dusty?

A. Yes, ma'am.

Q. Why?

A. Less questions.

Q. From whom?

A. The store people.

Q. All right. Looked like maybe something you'd had

in your garage at home?

A. Yes, ma'am.

Q. And this is the generator that that first check

was written to you for, for $285?

A. Yes, ma'am.

Q. Well, not the one we looked at before, but the

first one for June the 14th was the one we looked at.

But the check for this one is the second one in the

book, which was written on 6/1 of '06, correct?

A. Yes, ma'am.

Q. Now, using the summary chart again, going -- you

were there on June the 3rd, correct?

A. Yes, ma'am.


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Q. And again, the check was written to you. It was

a $200 check, and it was for a Dyson. What's that?

A. That's a vacuum.

Q. Where did you get the Dyson, if you recall?

A. Kohl's.

Q. All right. And did you use the method that you

described with Laura Helm as a decoy on this occasion?

A. Yes, ma'am, I believe it was this one.

Q. And when you got the Dyson vacuum cleaner out of

the store, what did you do with it?

A. Took it to Yellow House.

Q. You've all ready described the transaction there.

A. Yes, ma'am.

Q. Correct? All right. Now, you were in -- back in

the Yellow House on the 3rd after having been in there

on the 1st selling a new expensive generator. Did

Mrs. Neighbors ask you anything about where you got the

vacuum?

A. No, she just asked if it was stolen.

Q. And what did you say?

A. I said no.

Q. Why?

A. Because if I told her it was stolen, she might

not buy it.

Q. All right. Did she ask you to sign any forms


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when you were selling her items?

A. Yes, ma'am.

Q. What kind of forms would she have you sign?

A. It was an -- I think it was a seller's form

saying that it's not stolen.

Q. All right. Did you ask her why you wanted -- why

she wanted you to sign that?

A. No, ma'am.

Q. Did you sign 'em?

A. Yes, ma'am.

Q. Weren't you worried about putting your name on

something?

A. At that point, no.

Q. Next time -- the next check that was written was

one written on June the 6th, again to you for a pressure

washer. Where did you get the pressure washer?

A. It was Westlake's.

Q. How did you get the pressure washer out of

Westlake?

A. Just went and got it off the shelf, took it up to

the register and told 'em I wanted to return it.

Q. Did it have any sticker or anything like that on

it to identify it?

A. No, ma'am. No, ma'am.

Q. All right. You just wheeled it up to a cashier


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or to the customer service desk?

A. Cashier.

Q. And what did the cashier tell you?

A. They can't return it.

Q. Why not?

A. No receipt, manufacturer.

Q. All right. And then what did you do?

A. Walked out with it.

Q. Again, cashier believing that this was something

you brought in with you?

A. Yes, ma'am.

Q. You took that where?

A. To the Yellow House.

Q. All right. And on this occasion, you got $350?

A. Yes, ma'am.

Q. What were you doing with all the money you were

getting?

A. Smoking crack.

Q. The next day, June the 7th, you were in there

again getting a check. This time it's a check for $460.

Do you see that?

A. Yes, ma'am.

Q. All right. And that was for how many items?

A. It was a two, I believe.

Q. All right. A chop saw and a welder?


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A. Yes, ma'am.

Q. Where did you get those items?

A. Home Depot.

Q. How did you get 'em out?

A. The same way, I'd act like I bought it, put the

sticker on it, walk to customer service, ran it down to

'em, they told me to leave.

Q. Now, did you take both items in your cart to

customer service at the same time or did you make two

trips?

A. Same time.

Q. All right. So, then you wheeled 'em out to your

car and you took 'em to Yellow House?

A. Yes, ma'am.

Q. All right. Now, each and every time you went to

the Yellow House, did you ever deal with anyone except

Carrie Neighbors?

A. No, ma'am.

Q. All right. And when you went in there on this

date, the day after you had been in there with an

expensive pressure washer, did Carrie Neighbors ask you

any questions about where you were getting all this new

stuff?

A. No, ma'am.

Q. Then were you in there again the next day, on


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June the 8th with tools?

A. Yes, ma'am.

Q. And in that instance, you got a $200 check?

A. Yes, ma'am.

Q. Remember what kind of tools you were selling?

A. It was a --like a power drill set, like a set of

different tools, like a drill and a -- maybe a

flashlight, like there's more than one kind of tool in

there.

Q. Do you remember what brand?

A. De Walt.

Q. Why De Walt?

A. 'Cause it's expensive.

Q. And how did -- which store did you take it from?

A. Home Depot.

Q. Same way?

A. Yes, ma'am.

Q. Just walked it out?

A. Yes, ma'am.

Q. All right. You took that to Carrie Neighbors?

A. Yes, ma'am.

Q. She have you sign another one of those seller's

forms that said you didn't steal it?

A. Yes, ma'am.

Q. Then the next check here is the next day, June


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the 9th where you took in a window air conditioner unit

and got a check for $275. Where did you get the window

air conditioner unit?

A. Home Depot.

Q. New?

A. Yes, ma'am.

Q. How did you get that out?

A. Same way, put a sticker on it and walked to

customer service.

Q. All right. Now, back in the summer of 2006,

did -- did you look pretty much like you look now?

A. No, ma'am.

Q. How -- how were you different?

A. About 60 pounds difference.

Q. Okay. But your head was shaved, correct?

A. Yes, ma'am.

Q. You wore a goatee most of the time?

A. Yes, ma'am.

Q. All right. Weren't you worried going back and

back and back to the same store with that scheme that

somebody would finally say, wait a minute, buddy, you've

been in here three times, you know, trying to return

items, what's going on? Did you worry about that?

A. Not really.

Q. And nobody stopped you at Home Depot?


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A. No, ma'am.

Q. Again, was the window air conditioner in a box?

A. Yes, ma'am.

Q. And then you went into the store on June the 14th

of 2006 with the vacuum cleaner, correct?

A. Yes, ma'am.

Q. Where did you get that vacuum cleaner?

A. Kohl's.

Q. All right. And is that the time you went and

stole the vacuum cleaner, but Laura Helm did not go with

you?

A. I believe so, yes.

Q. Now, you had said earlier that one of the items

that you bought was a chop saw, correct?

A. Yes, ma'am.

Q. We're going to show you an exhibit that's all

ready in evidence.

OFFICER RANTZ: Which one would you like?

MS. PARKER: The chop saw please.

BY MS. PARKER:

Q. Mr. Cadenhead, Officer Rantz just brought up a

big box that says De Walt on it, and it's Government's

Exhibit 240. Do you recognize that?

A. Yes, ma'am.

Q. Is that the type of chop saw and the brand of


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chop saw that you sold to Carrie Neighbors?

A. Yes, ma'am.

Q. All right. And did you later see that at the

Lawrence Police Department after it had been

re-purchased?

A. I'm not sure. I'm not --

Q. Okay. But this is consistent with the chop saw

that you sold Carrie Neighbors?

A. Yes, ma'am.

Q. Could I have just one second, Your Honor? We

have another exhibit to show you.

A. Yes, ma'am.

Q. Officer Rantz is bringing up a Dyson vacuum

cleaner, Government's Exhibit 143. Now, is this

consistent with the kind of vacuum cleaners that you and

Laura Helm were stealing?

A. Oh, yes, ma'am.

Q. And how are you able to say that?

A. 'Cause I recognize the blue sticker at the top.

Q. And what's that blue sticker mean to you?

A. I don't know. I just remember it being on the

box.

Q. All right.

A. 'Cause it --

Q. The box that you got from Kohl's?


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A. Yes, ma'am, 'cause the officers asked me about

the blue sticker.

Q. Just one minute. I have to pull some exhibits.

Mr. Cadenhead, I want to show you some exhibits that

have all ready been admitted into evidence. I'm going

to start with Government's Exhibit 150.1. Do you

recognize the person in that video in that?

A. Yes, ma'am.

Q. Who is that?

A. Me.

Q. You look pretty much the same this summer as you

do now except you said you were heavier?

A. I was skinnier.

Q. Oh, I'm sorry, skinnier?

A. Yes, ma'am.

Q. Oh, you gained 60 pounds?

A. Yes, ma'am.

Q. All right. And when did you start losing weight?

A. When I got on crack.

Q. Show you Government's Exhibit 150.2. Can you

tell where you were when this was taken?

A. I believe it was Kohl's.

Q. All right. Were you arrested in Kohl's?

A. No, ma'am.

Q. Where were you arrested?


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A. I was at home, and the officers wanted to talk to

me. They came by and got me.

Q. Okay. And here we have Government's

Exhibit 150.3. What are you doing here?

A. Putting something in the trunk.

Q. Were you putting a Dyson vacuum cleaner in the

trunk?

A. Yes, ma'am.

Q. Is this the one that you stole by yourself on

June 14th?

A. No, ma'am.

Q. What -- this was when you took it on the 5th?

A. With Laura.

Q. Okay. This is the time that you and Laura went

in and worked together?

A. Yes, ma'am.

Q. Did you and she work on -- work together on other

times when you stole stuff?

A. Sometimes.

Q. And when she worked with you, how did you split

the money?

A. We didn't really split it. We would just go get

some drugs and pretty much just --

Q. Share the drugs?

A. Yeah.


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USA V CARRIE NEIGHBO

DAY 4 Trial of Carrie Neighbors

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Transcript of DAY 4 Trial of Carrie Neighbors