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Transcript of Hearing & Testimony Case 07-20124-01 Marietta Parker US Attorney Yellow House Store Owners
Transcript of Hearing & Testimony Case 07-20124-01 Marietta Parker US Attorney Yellow House Store Owners
MOTIONS
APPEARANCES:
1 I N D E X i
Page
2
3 DEFENDANT'S WITNESSES:
4 WITNESSES
6 Mickey Rantz:
15
16 Mike McAtee:
17
22
24
4 Matthew D. Sarna:
10
11 David Nitz:
12
16
17
18
19 EXHIBITS
20 OFFERED RECEIVED
13
15
16
17
18
19
20
21
22
23
24
25
6 suffix CM.
12 government.
15 Duma.
22 sworn.)
5 number 65.
23 theory.
5 charges?
9 same apply?
25 plead?
2 Honor.
11 been ruled.
18 22, so...
18 (inaudible).
11 Exhibits 1A, 1B, 2A, 2B, 2C, 2D, 3, 4, 5A, 5B, 5C,
12 6, 7, 8A, 8B, 8C, 8D, 8E, 8F, 8G, 8H, 9A, 9B, 9C,
21 tendered to you.
23 exhibit sheet?
2 purposes.
15 Miss Pilate?
5 correct?
24 blog spot.
3 material?
10 she has not been known that she has access to the
22 page 1 and 2.
11 say crime.
25 either?
11 Carrie Neighbors.
2 Mickey Rantz.
4 sworn.)
5 MICKEY RANTZ,
10 DIRECT EXAMINATION
11 BY MS. PARKER
12 Q. Would you state your full name and spell your last
17 Department.
23 A. Yes.
4 A. Yes.
6 case, have you been following certain blog sites that have
10 A. Yes.
13 A. Yes, I have.
14 Q. All right. And how long has this been going on, to
17 Q. 2006?
18 A. 2006, yes.
24 A. Yes.
7 individual.
9 elsewhere or here?
10 A. Yes, I have.
15 A. Yes.
17 A. Yes.
4 A. October of 2007.
6 was posted, you had not had any contact with Jeremy Boyd?
7 A. That is correct.
23 A. Yes, I did.
10 intimidation.
12 Exhibits 2A.
13 A. Yes.
15 A. Yes, I am.
18 against you?
19 A. Yes.
20 Q. What is that?
2 Q. All right.
6 A. Yes.
17 defendants."
19 A. Yes.
3 A. Yes.
5 A. 2 of 4.
6 Q. 2 of 4.
7 A. Page 2 of 4.
22 or drug use?
23 A. Yes.
2 analysis.
3 Q. And have you since seen blogs that claim that those
4 were planted?
8 A. No.
10 A. Yes.
14 A. Yes, about --
4 signed them.
5 Q. And did you take all ten warrants at the same time?
7 Q. I'm sorry.
9 was five warrants, two for the business, then you had eBay
18 Q. All right.
22 A. Yes, I did.
24 A. Yes, he did.
4 A. Yes, I have.
10 A. No.
11 Q. All right.
17 A. Yes.
3 A. No.
5 A. No.
9 A. Yes.
10 Q. Was it?
11 A. No.
15 evidence room.
19 leave the list from the search warrant packet it has very
4 and procedures?
5 A. Yes.
14 the --
15 A. Yes.
10 same vein?
11 A. Yes.
14 A. Of which exhibit?
17 Q. Bottom of page 2.
18 A. Yes.
22 A. Yes.
24 A. Yes, I do.
25 Q. Why is that?
5 A. Absolutely not.
10 A. Yes.
12 undercover videos?
13 A. Yes.
24 A. Yes.
14 A. Yes.
19 A. It's Z A R N O W I E C.
23 investigation.
4 itself?
5 Q. Either one.
12 investigations.
16 A. Oh, yes.
18 A. Yes.
4 having not seen this huge case file that goes with this,
19 passed on to me.
24 Q. What's that?
9 investigate.
16 A. Yes.
17 Q. Why?
25 A. Yes.
2 A. Yes, I do.
3 Q. Who is that?
5 Neighbors.
8 A. Yes.
10 dated March the 7th of 2007 that caused you any concern
11 personally?
25 A. No.
2 by --
3 A. That is correct.
7 A. Yes.
12 This specific e-mail says, "We have others who have stated
16 agents?
19 A. Yes.
20 Q. Is that true?
21 A. Absolutely not.
24 FBI agents?
25 A. Yes.
5 Patrick.
8 Your Honor.
10 cross-examine.
11 CROSS-EXAMINATION
12 BY MR. DUMA:
19 A. Yes.
24 A. Yes.
2 A. Yes.
5 A. Correct.
12 extent.
15 check it out?
19 to read what they're putting out there and know that it's
11 A. Yes.
13 these are just people that are way out of line, don't get
15 A. That is correct.
20 statement?
2 and that's pretty much the end of it, would you agree with
3 that?
5 Q. Okay. Would you say that the blogs that have been
6 placed out there and the things that you've read have
11 you.
13 Ms. Pilate.
14 CROSS-EXAMINATION
15 BY MS. PILATE:
20 A. That is correct.
22 A. Yes, I do.
24 this case?
2 A. Yes.
5 A. That's correct.
11 the complaints.
16 A. Yes.
17 Q. Okay.
20 correct?
21 A. I don't know.
23 A. Yes.
25 inspection?
2 that.
4 that statement?
7 with you?
8 A. No.
10 A. That is correct.
12 A. One.
21 that time?
25 answered.
3 complaints?
10 I told them more than happy to look at the case file and
11 all the recordings that went with it, but that I hadn't
15 that correct?
16 A. That is correct.
21 A. Yes, he does.
24 A. Yes.
2 A. No, I don't.
6 A. Yes.
14 anything wrong.
18 A. No.
22 were.
3 A. Yes.
6 representative.
8 A. He is the president.
9 Q. And you had a right to have him with you at the time
10 of the interview?
11 A. Yes.
13 A. Yes.
17 Q. So you weren't --
21 anything wrong.
3 A. That's correct.
7 A. Yes.
12 Q. So unpleasant, maybe --
13 A. Yes.
16 A. That is correct.
17 Q. And you had the right to have someone with you, but
19 A. Correct.
21 you?
24 were you?
2 wrong.
6 A. Yes.
8 A. That is correct.
12 wrongdoing?
13 A. Yes.
18 Mr. Duma that you had had some familiarity with other
20 about before?
21 A. That is correct.
23 A. That is correct.
4 of '05.
9 Ms. Pilate?
20 closing arguments.
23 objection.
7 issues here.
15 entitled to inquire.
3 any wrongdoing.
6 A. That is correct.
8 A. Yes.
10 A. No.
15 money?
21 down.
25 A. No.
8 investigation?
13 faith basis.
19 bench?
7 in this case.
16 faith query.
18 irrelevant.
9 may proceed.
13 of property?
14 A. Yes.
19 A. That is correct.
22 correct?
4 A. That is correct.
6 A. That is correct.
13 A. No.
25 returned.
3 A. Yes.
6 A. No.
10 Q. Yes.
19 A. That is correct.
11 irrelevant.
2 in?
11 these questions.
7 case.
19 exercises.
11 in a defamation case.
5 you just say, have you ever heard anybody ever say
9 (inaudible).
12 A. Yes.
14 personnel file?
18 to answer.
22 heard things.
10 evidence?
17 Honor?
3 police department.
10 enforcement --
17 Move along.
5 A. Yes.
8 A. Yes.
10 situation that may even involve the need for deadly force,
11 correct?
12 A. Yes.
15 A. Yes.
6 A. That is correct.
8 personal life?
9 A. That is correct.
12 A. That is correct.
14 stress?
21 A. Possibly.
23 whom?
2 A. Defamation.
4 point in time?
6 chose.
8 assets, correct?
11 A. To the business?
12 Q. Yes.
13 A. Yes.
17 A. Yes.
19 would it not?
23 A. Yes.
25 postings?
11 you not?
12 A. Yes.
15 innocent, correct?
18 next question.
20 A. Yes.
2 the objection.
6 A. Yes.
9 A. Yes.
14 Q. Yes.
15 A. -- newspaper? Yes.
17 A. Yes.
18 Q. And are you familiar with the fact that the Lawrence
25 A. Yes.
2 press?
3 A. Yes.
5 stress from the blog and the postings that have been made
10 speculation.
13 federal court.
17 REDIRECT EXAMINATION
18 BY MS. PARKER:
20 being made aware of the blogs and your answer was that
22 A. Yes.
25 A. Yes.
2 you to do things?
3 A. Yes.
13 A. Correct.
15 A. Yes.
17 A. Yes.
19 A. Yes.
22 A. Yes.
24 box of papers?
25 A. Yes.
2 A. Yes.
6 A. No.
8 A. No.
10 did you explain what had happened and why it was there?
11 A. Yes.
17 A. Yes.
19 A. Yes.
23 further.
25 questions.
19 about you?
25 said?
6 have made?
10 an FBI agent.
18 investigation.
23 to these allegations?
8 incredible it is?
20 investigated.
25 complete.
4 have to be investigated?
6 investigation, yes.
19 about officers.
3 him?
5 BY MS. PARKER:
12 jury and list out punishments for people who are set to
18 A. Well, 29 --
19 Q. -- that?
3 involved.
5 A. Yes.
8 questions?
11 RECROSS-EXAMINATION
12 BY MS. PILATE:
14 Mr. Neighbors?
5 Q. Okay. So --
13 A. No.
16 A. I have no idea.
19 A. I have no idea.
22 the site?
24 idea.
15 A. Uh-huh.
17 A. Scott Miller.
19 A. (No response.)
24 Q. Okay.
3 much.
4 (Witness excused.)
18 end quote.
16 the witness.
2 tampering.
15 position?
25 bond statute.
6 cross-examination.
19 Officer Rantz.
7 Officer Bileck.
21 sworn.)
22 MIKE McATEE,
2 DIRECT EXAMINATION
3 BY MS. PARKER:
4 Q. Would you state your name and spell your last name
9 Department.
16 A. January of 1991.
18 A. Yes.
20 A. Correct.
23 A. Yes, I have.
5 A. Yes, I did.
6 Q. Which defendant?
8 Q. All right. And have you been informed that you will
11 A. Yes.
13 first of all, are you aware that there has been some
15 blog spots?
16 A. Yes.
18 accusations as well?
19 A. Yes.
21 not?
25 witness because --
5 seem that?
6 A. Yes, I have.
8 A. Yes, I do.
10 wrongdoing?
11 A. Yes.
21 A. Yes, I did.
23 GuySmiley@hotmail.com?
24 A. Yes.
3 The names listed, the other people that they were sent to
14 commissioner of Lawrence.
15 Q. How did you receive notice that this was out there?
18 Q. And were you ever suspended from any job, let alone
21 A. No.
23 A. No.
11 reference to that.
14 Q. Why?
20 A. Yes.
22 A. No.
25 A. Yes.
10 were false?
11 A. Correct.
15 Exhibit 1A.
22 appropriate.
24 with that?
25 A. Yes, I am.
2 spot, is that --
3 A. Yes.
6 11th, 2008.
11 that?
12 A. Yes.
15 A. No, that is s --
16 Q. -- 2006?
19 A. That's correct.
23 What's a UA?
24 A. Urine analysis.
2 A. No.
4 A. No.
6 A. No.
8 A. No.
14 A. Yes, I do.
22 A. Sure.
3 A. Yes.
7 A. Yes.
11 had two state court cases that were at that time. Because
19 A. That is correct.
2 A. Three.
4 A. That is correct.
10 A. Yes, I do.
19 incorrect.
8 A. Yes.
9 Q. What is it?
12 785-423-0392.
24 A. Yes.
2 A. Yes, it does.
3 Q. What is that?
11 17 seconds.
14 end?
15 A. Yes, I did.
23 conversation?
5 are you saying it's not true? And I said, Mr. Neighbors,
10 harassment?
11 A. Yes, I did.
12 Q. Why?
18 truth of them?
21 investigation?
22 A. Yes.
3 have been posted by you, has that caused you any stress?
4 A. Yes.
5 Q. Why?
17 are seeking you out to ask you questions about the false
25 with them?
2 Kansas.
4 further.
6 CROSS-EXAMINATION
7 BY MR. DUMA:
9 A. Yes.
10 Q. To whom?
12 which would have been April the 14th, and I contacted them
20 that nature.
25 Q. And have you ever been suspended for any reason with
8 investigation.
18 A. Yes, he did.
21 refused to do that?
4 activity, correct?
6 the crime.
10 correct?
14 harassing me.
17 A. That's correct.
18 Q. And you straightened him out and said, no, you know
20 basically, correct?
21 A. That's correct.
5 A. That's correct.
9 Neighbors, correct?
10 A. That's correct.
14 Neighbors?
16 '92, '93 --
20 you?
23 me.
21 situation.
3 give-and-take.
11 A. Four or five.
17 situations.
20 A. That is correct.
25 A. Yes.
9 my case.
14 Neighbors?
16 30-minute --
17 Q. Of what year?
18 A. Of 2006. I made a --
3 police department.
9 job.
14 A. Yes.
17 Ms. Pilate.
18 CROSS-EXAMINATION
19 BY MS. PILATE:
22 A. Yes.
15 A. Yes.
17 A. Yes.
17 A. No.
19 sustained?
3 drug activity?
9 Q. Someone --
10 A. -- you do drugs?
13 official complaint.
24 statements?
25 A. No.
2 statements?
3 A. No.
5 internal affairs?
19 A. 2004, maybe.
21 A. Terra Morehead.
6 Q. Okay. Dahda, D A --
7 A. D A H D A.
12 courtroom?
25 activity?
3 it happened?
12 activity.
13 Q. Are you saying you think you might have been, but
4 A. No.
12 true.
18 drug activity?
23 A. Yes.
15 over.
17 A. State.
19 defendant?
23 Rick Friedman.
24 Q. And the other case that you mentioned, the car stop
5 time.
13 occurred?
17 Polleck(ph), yes.
19 A. Of what?
21 A. I.
23 A. Yes, I do.
25 A. The report?
3 Q. Is it with you?
4 A. Yes.
6 A. Sure.
8 A. Yes.
9 Q. Okay.
13 alongside?
7 A. I don't know.
9 office?
12 Polleck's investigation.
5 proceeding.
15 A. Yes, I did.
25 I could.
2 department?
10 department.
21 department?
22 A. Yes.
5 A. Yes.
12 A. I don't -- believe --
24 KBI.
9 investigation is?
12 A. No, I do not.
14 investigation?
15 A. No, I do not.
17 A. That is correct.
25 you?
3 A. Yes.
5 don't recall?
6 A. That is correct.
8 occurred?
11 me.
14 A. Yes.
22 A. No.
24 document to them?
6 A. Correct.
9 A. Yes.
17 by Mr. Neighbors?
21 this case.
7 complaint?
8 A. Yes.
12 on the case?
21 is that correct?
22 A. Yes.
4 that and -- but those are two specific incidents and then
23 going to recess.
5 Your Honor?
4 going to go longer.
8 calendar.
13 should be fine.
24 hour.
12 2008:)
19 suffix CM.
8 case.
10 on cross-examination.
12 sworn.)
13 MIKE McATEE,
21 CROSS-EXAMINATION
22 BY MS. PILATE:
12 A. No, no, no, no. The copy that you have, the
16 notes?
22 investigation?
23 A. No.
4 these notes?
5 A. I believe so he did.
11 off the case, I pulled that out, and I don't have a copy
12 of his report.
16 it.
19 A. Yes.
12 crime, and then obviously the piece of paper that you have
22 A. No.
24 follow-up investigation?
8 it. And I've had communication with them that said that
13 communication?
18 A. Correct.
20 A. Yes.
23 Attorney's Office.
3 district attorney.
5 defendant in a lawsuit?
6 A. A defendant in a lawsuit?
8 A. Yes.
10 that?
17 period of time when you were gone from the department for
22 A. Yes.
2 A. Yes.
9 professional fighters.
12 A. Yes.
22 A. No.
24 A. No.
2 A. No.
5 officer?
6 A. No.
10 cross-examination?
16 A. 1991.
18 A. Yes, I was.
5 or for worse.
15 A. Yes.
19 being stopped?
20 A. No.
22 being stopped?
23 A. Yes.
2 probationary period.
9 A. Correct.
12 police department?
13 A. Yes.
18 decided to go back.
22 A. No.
25 A. That's correct.
2 A. Yes.
5 abuse?
6 A. Anyone?
8 A. No.
12 A. No.
17 A. No.
20 A. That's correct.
23 A. No.
5 Q. Uh-huh.
12 someone made a comment that you were fired for drug use.
14 A. Yes.
4 A. (No response.)
6 A. I do not know.
12 A. This one.
23 Giglio issue.
2 the question?
10 A. Correct.
17 A. Yes.
19 file?
20 A. Yes.
24 file?
25 A. Yes.
6 A. To whom?
13 A. (No response.)
15 A. Yes.
3 A. Yes, I did.
7 actions as an officer?
10 in that case?
11 A. I do not know.
13 them?
14 A. (No response.)
17 intimidated them?
24 that?
25 A. No.
6 missing.
9 room?
11 room.
18 come forward to you and said, gee, I just read on the blog
20 A. That is correct.
23 regard to you?
24 A. I have my opinion.
4 had two partners and we were very active within the City
13 A. No.
15 A. No.
17 A. No.
19 A. No.
22 REDIRECT EXAMINATION
23 BY MS. PARKER:
3 A. Yes.
9 reading them.
18 warrant?
19 A. Yes.
25 A. Yes.
5 of that nature.
17 crime and his violence, our plan was that I would draw him
18 out of the house under the pretext that I would buy his
24 or 12:45 p.m.
25 Q. Lunchtime?
6 trailer?
7 A. I went later.
11 A. That's correct.
14 is a fabrication?
15 A. That's correct.
19 A. Yes.
22 time there were only ten detective slots that were at our
4 witness?
10 remember that?
11 A. Yes.
15 A. Yes.
18 A. That's correct.
20 A. (No response.)
4 up."
7 A. Yes.
9 A. (No response.)
14 Yellow House.
17 correct?
18 A. That's correct.
4 A. That's correct.
8 you?
9 A. Yes.
11 A. Yes, it is.
16 not?
17 A. Yes.
22 blog that says that I was less than honest in the hearing
2 A. Correct.
5 A. Yes.
8 Number 20.
12 Your Honor.
17 Q. Today?
18 A. Today.
24 the weekend.
2 A. Yes.
5 A. Yes.
10 A. Yes.
12 "I think" --
20 Q. They responsible?
6 that?
7 A. Yes.
17 A. Yes.
4 A. Yes.
7 Number 20A.
18 one of those?
20 a handwriting expert.
2 A. Yes, I do.
8 A. Yes.
11 name?
12 A. Yes.
23 A. Yes.
3 handwriting.
6 overruled.
13 admitted?
22 admission of 20C.
25 of foundation.
4 attached thereto?
6 Honor.
11 withdraw my objection.
17 that?
18 A. Yes.
24 A. Yes.
5 something there?
7 Rantz is a liar.
8 Q. And then the last part of that says, "So should this
10 A. Yes.
16 Mr. Duma.
25 guessing at or --
3 that question.
8 what?
9 A. Pardon me?
12 A. Bob Newman.
25 defendants.
2 that investigation?
10 A. Yes.
12 mistrial?
13 A. Yes, I do.
14 Q. Why?
21 A. Yes.
25 A. That is correct.
7 A. Yes.
10 objection?
16 Proceed, counsel.
21 that you did not -- this was not dismissed because you
23 A. That is correct.
7 A. Yes.
8 Q. Is he a CCA inmate?
9 A. Yes.
13 A. Yes.
17 A. Yes.
18 Q. -- at CCA --
19 A. Yes.
21 been in CCA in the course of this case, has he, that you
22 know of?
3 A. No.
6 A. As far as I know.
21 A. Yes.
23 A. Yes.
3 A. Yes.
5 Kansas?
6 A. Yes.
8 A. Yes, I do.
9 Q. Whose is that?
17 handwriting.
22 A. Yes, I do.
23 Q. Who is that?
4 mistrial?
5 A. Yes.
9 are they brothers, are they cousins, are they old friends?
15 A. Yes.
19 case?
20 A. Yes.
14 A. Yes.
17 A. Yes.
20 A. Yes, I do.
21 Q. Who is that?
24 guys' civil rights so bad she can just not allow them to
2 A. Yes.
4 investigation?
5 A. Yes.
7 sentiments?
8 A. No.
10 and hates the fact these guys have stood up to her for two
13 A. Yes.
17 A. Yes.
19 then?
23 this investigation.
11 but the persons that they gave the false information to.
16 A. Yes.
23 law-abiding citizens.
8 caused by these blogs and just the stuff being out there
9 in the ether?
11 Q. Why is that?
18 work.
20 don't know you or don't choose to ask you about it, do you
22 mind?
23 A. No, I do not.
24 Q. Do you have any idea how that may some day affect
25 your job?
4 further.
9 (inaudible).
11 exhibit, counsel?
17 (Witness excused.)
22 sworn.)
3 DIRECT EXAMINATION
4 BY MS. PARKER:
10 City division.
15 A. Yes.
21 A. No.
24 A. No.
3 A. Yes.
5 A. Yes.
8 We --
10 officer?
13 A. No
15 A. No.
16 Q. You met an officer and what did you and the officer
17 do?
19 there, we waited until she showed up. When she showed up,
24 that the Lawrence PD was FBI agents. I asked her for that
6 two later I got a call from Cecelia Wood, I said I'd like
9 Q. And why did you want that list, why was it important
10 to your investigation?
14 or Ms. Wood?
15 A. No.
23 A. I talked --
4 with the person that they claimed had been saying that
14 A. Yes.
16 A. No.
17 Q. Why not?
21 I called her back, I said I was busy that day, I'd have to
4 then.
7 A. Yes.
9 reach?
11 their investigation.
13 A. No.
15 A. Yes.
23 and/or interrogated" --
3 (inaudible)?
4 A. Yes.
10 Q. (By Ms. Parker) All right. Now you can read it.
20 A. Yes.
24 A. No.
2 made alleging that you have not done your duty in this
3 case?
4 A. No, I haven't.
10 Kansas are only handled by the Topeka FBI and are not
15 A. No.
16 Q. Why not?
20 not confine them just to that area. They can still work
22 division's territory.
24 A. No.
3 CROSS-EXAMINATION
4 BY MR. DUMA:
8 correct statement?
12 knowledge?
13 A. Yes.
15 A. Yes.
23 A. No.
4 correct?
5 A. Correct.
7 did you get her cell phone or get any information where
11 number.
13 A. Yes, I did.
14 Q. And did Ms. Wood advise you that she had information
18 agents?
21 as FBI agents.
23 A. Yes.
25 A. No.
2 jury subpoena?
3 A. No.
8 information?
25 A. No.
5 they don't want come forward with them, you know, what am
9 am I supposed to do?
12 A. Yes.
2 office.
9 A. I believe so.
13 told him that they were aware he had been charged with a
25 FBI agents?
2 told him.
8 message saying that they had met with him. And I believe
15 machine.
20 Sarah Swain --
21 A. Uh-huh.
24 Investigation, correct?
25 A. Correct.
3 investigation proceed?
4 A. No.
15 allegation.
18 A. No, I don't.
3 currently located?
6 would have contacted the FBI to find out what had happened
8 Department?
10 A. Yes, sir.
13 division --
14 A. Yes.
16 A. Right.
20 A. No.
21 Q. Okay.
25 CROSS-EXAMINATION
5 A. Uh --
7 Ms. Swain?
8 A. No.
12 A. No.
17 A. Correct.
19 that you could have called up Ms. Parker, could you not
20 have, and asked her who are some of the witnesses in this
21 case?
5 A. I could have.
7 A. No.
16 with them, but what I read from Agent Jentime was that he
19 A. No.
24 A. No.
25 Q. And did anyone ever tell you that Mr. Perecko stated
18 A. Correct.
21 A. No.
6 A. No.
12 A. No.
15 A. No.
5 Police Department.
10 correct?
11 A. Yes.
13 Bileck?
14 A. Yes.
17 A. Yes.
19 A. Correct.
22 this case?
23 A. No.
11 (Witness excused.)
13 further witnesses?
18 sworn.)
19 MATTHEW D. SARNA,
24 DIRECT EXAMINATION
25 BY MS. PARKER:
3 A. Matthew D. Sarna, S A R N A.
7 address, just tell us the street you live on, the hundred
11 A. Yes, ma'am.
13 Bileck?
14 A. Yes, I do.
24 A. Correct.
2 A. Yes.
5 A. Yes, I was.
11 there, Andy.
12 Q. And prior to April the 14th, had you ever had any
14 A. No.
15 Q. No hard feelings?
16 A. No.
18 or still drives?
24 truck?
25 A. Yes.
3 A. Yes.
11 passing mine.
15 A. Right.
23 neighborhood.
2 deliver anything?
8 A. Yes.
12 15th of 2008.
13 A. Yes.
16 Q. At home?
17 A. Yes, at home.
2 A. No.
3 Q. Now, were you able to see who was driving the truck
4 that time?
7 A. Yes.
11 further.
15 CROSS-EXAMINATION
16 BY MS. PILATE:
18 called 27th?
20 north to --
21 Q. Okay.
22 A. -- yes.
24 Mr. Neighbors may have made just around the corner there
25 on 27th?
5 picked up?
9 A. Yes.
13 A. Yes.
16 to their store?
18 Q. Okay.
21 that?
22 A. Yes.
4 A. No, I do not.
7 A. Correct.
10 REDIRECT EXAMINATION
11 BY MS. PARKER:
14 house?
19 time that I saw him. The other time I did not actually
23 A. Yes, ma'am.
3 witness.
5 question.
9 RECROSS-EXAMINATION
10 BY MS. PILATE:
13 that he could come back the right way onto 27th Street and
14 enter a driveway?
19 Street by entering this street and then doing the loop and
20 coming out?
21 A. Yes.
23 Thank you.
6 sworn.)
7 DAVID NITZ,
12 DIRECT EXAMINATION
13 BY MS. PARKER:
21 investigation?
22 A. Yes.
4 A. Correct.
7 investigation?
11 search warrant?
14 A. Yes.
25 A. Correct.
12 A. I have.
15 A. Yes.
23 of the --
6 rightful owners?
7 A. Correct.
10 A. Yes.
13 A. Yes.
15 A. No.
23 this case?
24 A. Yes.
3 A. Yes, I have.
13 A. Yes, it is.
17 guysmiley@hotmail.com.
21 A. I have.
23 that document?
24 A. Yes, I do.
3 bargain guide 44, their e-mail for their eBay accounts and
7 guysmiley@hotmail.com (inaudible)?
18 accountholder?
22 Kansas.
25 Neighbors.
8 A. Correct.
12 or 16.
14 Exhibit 20.
15 A. Is it in here?
19 reference?
22 suffix?
24 20.
4 sent to me.
11 time there have been allegations made that there have been
12 (inaudible)?
13 A. Correct.
15 A. Correct.
20 A. Uh --
21 Q. (Inaudible).
23 Corliss.
24 Q. (Inaudible).
2 Q. (Inaudible).
3 A. Yes, it is.
7 Miss Pilate?
14 further.
17 CROSS-EXAMINATION
18 BY MR. DUMA:
22 partner.
25 cetera?
8 July.
10 A. Correct.
13 A. Yes, I was.
20 hearing.
23 says, "It was clear to me the officers that took the stand
24 and I felt like they were less than truthful." Isn't that
25 what it says?
4 A. Correct.
6 it said that Officer Rantz had talked about all the stress
8 when the Judge asked Officer Rantz if anyone told him they
11 correct?
12 A. Yes, I was.
14 that true?
3 McAtee, correct?
10 correct?
6 Neighbors had with the way that there was a search warrant
9 in Lawrence for many, many years and they felt like they
20 A. No, it is not.
24 CROSS-EXAMINATION
25 BY MS. PILATE:
25 that be correct?
2 There's media --
9 laptop computers?
10 A. Uh, by who?
12 missing.
23 received, one of those was also one that had been seized
5 that out.
2 A. Specifically (inaudible).
9 are you?
18 government and point out what they think the -- the flaw
22 Q. For redress --
24 Q. -- of grievances, correct?
4 A. It is on --
12 anyone?
15 A. Sure.
21 investigation.
25 Q. Okay.
13 exactly.
22 Mr. Corliss.
10 couples?
13 couples.
18 A. He could.
20 that?
23 questions I have.
2 Mr. Nitz.
3 (Witness excused.)
8 any?
21 do so now.
2 2008.
23 want.
8 aisle.
16 Morehead racists?
11 Indictment.
9 findings.
8 trial.
10 very bad case and make it worse. And the fact that
17 than a criticism.
9 reason.
4 just cowardly.
22 argument.
2 Mrs. Neighbors?
7 that?
14 (inaudible).
16 Mr. Neighbors?
19 client.
3 with Ms. Parker and that did not work out. I don't
14 continuing to do.
6 decision.
2 We are adjourned.
4 adjourned.)
8 * * * * * * * *
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4 C E R T I F I C A T E
15 day of , 2008.
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Theresa E. Hallberg, RMR,CRR
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