Case 2:07-cr-20073-CM Document 153 Filed 06/28/10 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF KANSAS
(Kansas City Docket)

UNITED STATES OF AMERICA )

)
Plaintiff, )
) 07-20073-01-CM
v. ) Case No. 07-20124-01-CM
) 08-20105-01-CM
CARRIE MARIE NEIGHBORS, )
)
Defendant. )

UNITED STATES’ RESPONSE TO DEFENDANT’S

REQUEST FOR WRITTEN TRANSCRIPTS

Comes now the United States of America, by and through the undersigned Assistant

United States Attorney, and in response to defendant’s Request for Written Transcripts (in

their entirety) In Camera [Inspection] of any and All Interviews with Any and All Witnesses

states the following.

1. The defendant requests that the Court order the United States to produce,

in camera, any and all transcripts of any and all interviews with any and all witnesses

because, she alleges, “the credibility of the witnesses is at question.” (Document [Doc.]

232 at 3.) The basis for the defendant’s claim is what she characterizes as “deals” made

by the government for the witnesses’ testimony. Id. at 2. As the foregoing discussion will

establish, the defendant’s motion must be denied in its entirety.

2. The defendant properly notes that “normally it is forbidden to request any and

all statements given by witnesses.” Id. at 1.

 Case 2:07-cr-20073-CM Document 153 Filed 06/28/10 Page 2 of 4

Under Rule 16(a)(2), a defendant may only discover statements made by

prospective government witnesses as provided under the Jencks Act, 18
U.S.C. § 3500 (1976). The Jencks Act entitles a federal criminal defendant
to obtain any pretrial statement and report made by a government witness,
but only after the witness has testified on direct examination at trial. United
States v. Metropolitan Enterprises, Inc., 728 F.2d 444, 451 (10th Cir. 1984)

United States v. Nevels, 490 F.3d 800, 803 (10th Cir. 2007) (emphasis in original). Since

the inception of this case, the government has made all of the investigative material,

including all of the reports of witness interviews and audio recordings of those interviews,

available for the defendant’s and/or her attorney’s inspection well in advance of trial.1

3. The government has prepared transcripts of conversations with, or interviews

of, the defendant and has made those available to the defendant. No transcripts have

been prepared from recordings of interviews with other persons because the government

does not intend to offer those recordings during trial. Should the government’s position with

respect to this determination change prior to trial, transcripts of the witnesses’ recorded

statements will be made in anticipation of their introduction at trial, and timely disclosure

of those transcripts will be made to the defendant as required under Rule 16.

1
For approximately one year, until June 4, 2010, counsel for the defendant had
actual possession of all of the discovery materials in this case. After the defendant received
leave of court to represent herself, the government agreed to provide to her copies of all
discovery required under Rule 16, Fed.R.Crim.P., including any and all reports of interview
as well as audio and video tapes and transcripts of conversations between her and any
other person. In addition, the government has provided her with copies of all documents
obtained during the investigation of this case. During the pendency of this case, the
defendant and her co-defendant have posted various materials relating to government
witnesses on the internet, so the government has agreed to allow the defendant to review
the contents of its investigative files in the U.S. Attorney’s Office rather than to provide her
with copies of the other investigative materials acquired or created during the investigation
of these cases. Under these circumstances, the government has met all of its discovery
obligations under Rule 16, the Jencks Act, Brady and Giglio and has done so far in
advance of the required times for production.

2
 Case 2:07-cr-20073-CM Document 153 Filed 06/28/10 Page 3 of 4

4. The government has provided copies of the transcripts of the defendant’s

conversations but can find no authority for the proposition that it is required to prepare

transcripts of statements made during interviews with other persons during the

investigation. Furthermore, it is the audio recording of the statement that would be

evidence, should the government seek to introduce any of the witnesses’ out-of-court

statements. See United States v. Gee, 695 F.2d 1165, 1168 (9th Cir. 1983).

5. In light of the government’s generous disclosure practices in this case, and

of the defendant’s failure to establish any facts that would warrant the extraordinary relief

she requests, the United States respectfully requests that the Defendant’s request for an

order directing the government to prepare and disclose transcripts of recorded interviews

of its witnesses and for an in camera inspection of those materials be denied.

Respectfully submitted,

LANNY D. WELCH
United States Attorney

s/ Marietta Parker, KS Dist. Ct. #77807

MARIETTA PARKER
First Assistant United States Attorney
500 State Avenue; Suite 360
Kansas City, Kansas 66101
Telephone: 913-551-6730
Facsimile: 913-551-6541
E-mail: marietta.parker@usdoj.gov
ELECTRONICALLY FILED
Attorneys for Plaintiff

3
 Case 2:07-cr-20073-CM Document 153 Filed 06/28/10 Page 4 of 4

Certificate of Service

I hereby certify that on the 28th day June, 2010, the foregoing was electronically filed

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

electronic filing to the following:

John Duma
303 E. Poplar
Olathe, KS 66061
Stand-by Attorney for Defendant Carrie Marie Neighbors

Cheryl A. Pilate
Morgan Pilate LLC
142 N. Cherry
Olathe, KS 66061
Attorney for Defendant Guy Madison Neighbors

I further certify that on this date the foregoing document and the notice of electronic

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

Carrie Marie Neighbors

1104 Andover
Lawrence, Kansas
Defendant, pro se

s/ Marietta Parker, KS Dist. Ct. #77807

MARIETTA PARKER
First Assistant United States Attorney