October 8, 2008
Suite 360
913-551-6730
marietta.parker(a),usdoj. gOY
Director
RVO/sp
cc:
Marietta Parker
Public Safety Building I 1501 Crestline Drive, 5uite 120 I Lawrence, K5 66049
I www.ku.edu/-kucops
Formal complaint.
Formal request for an investigation into the actions of the Kansas University's police
department. The Arrest and search of the Yellow House Store owners Guy and Carrie
Allegations:
Federal Perjury, Theft during the execution of a search warrant, Constitutional rights
On Thursday August 8th Detective Mike Riner came into the The Yellow House store, 1904
Massachusetts, Lawrence Kansas. (A business that buys and sells second=hand goods.)
Because a Laptop computer that was sold on Ebay had been reported stolen by an
.'-'"
Owners Guy and Carrie Neighbors turned over the Laptop and showed Detective Riner the
sellers form that the customer "Robert Samples" had filled out. Detective Riner was shown
two sellers forllls, including the one that Mr. Samples signed when selling the Laptop in
question. He took notes from both the sellers forms. While taking the notes Detective Riner
verbally questioned the fact that 3 laptops were listed on the sellers form and when shown
the second sellers form commented "that there was a pattern here." Considering the false
allegations in a pending case Carrie Neighbors did not want to make any statements without
her attorney.
On Friday at appx. 10:30AM August 9th Detective Riner returned to the Yellow House Store
with a receipt for the seized laptop and requested copies of the sellers forms that Mr.
Samples had signed.
At that time Mr. Neighbors Attorney Cheryl Pilate had not yet been notified of her clients
contact with the police, or the situation and due to a pending indictment and bond involving
another case Mr. Neighbors felt it would be best to have representation of counsel.
At that point Mr. Neighbors invoked his Fifth Amendment right and requested that he be
allowed to wait until Monday when he could go through his attorney to turn over the
paperwork or answer any more questions involving the case.
A few hours later at appx. 4pm the Postal Inspector David Nitz obtained a Federal arrest
warrant. Execution of the arrest warrant was assisted by police Officer Jay Bialek, Detective
Riner and other officers from KU Police and LKPD showed up at the business. The Federal
arrest warrant was for Obstruction of Justice, concealing a record, and impairment of an
official proceeding in violation of Title 18, United States Code $1512(c) and search warrant.
..---
During the execution of the search warrant the store surveillance tape was stolen by the
police and a blank tape that was a brand not used by the business was put in its place.
.~.
On August 13, 2008 Detective Riner testified in a hearing before Federal Judge James
O'Hara on behalf of the Government. Mr. Riner falsely testified that he had not seen the
sellers form that was presented in court. He also testified that he had destroyed, and
shredded his field notes in the ongoing Federal Investigation prior to the hearing. His
testimony was in contrast to the "Warrant for arrest" case number 08~MJ-8077-01-JPO"
Page 4 paragraph 10. Which clearly states that detective Riner was shown documents
pertaining to the seller Robert Samples. Terra Morehead then testified in court on Monday
Aug. 18th that Detective Riner had found the notes, that he earlier had testified on Aug.
13th were shredded and that she had seen them.
The Neighbors were accused of and falsely arrested for concealing the documents, and
obstructing the investigation on Friday Aug. 8th.
Yet on Monday August 11th, 2008 Using the information provided to the Detective by the
Neighbors, Robert Samples was arrested by University Detective Mike Riner in connection to
the stolen laptops.
The arrest of Robert Samples was made based on the information provided on the sellers
forms that was shown to Detective Riner by the defendants Guy and Carrie Neighbors.
Again a contradiction to Detective Riner's testimony in Federal court on Aug. 13th, 2008 he
had not seen the sellers form, and the concealment of the forms had impaired the
investigation aAd warranted the arrest and imprisonment of the defendants.
This arrest has denied and punished the Neighbors for demanding their Constitutional right
to have counsel present when being questioned by police. This resulted in both Guy and
Carrie Neighbors being locked up for a total of 12 days. Starting in Douglas County Jail, and
transferred to the CCA Leavenworth maximum security prison Detention Center. Guys
attorney was not even notified until after the arrest.
In Conclusion
This case clearly shows a conspiracy to deceive the courts and selective prosecution. The
fact that Lawrence Police officers Jay Bialek, Mickey Rantz, and Postal Inspector David Nitz
participated in the execution of an arrest and search involving A University police
department Investigation involving a theft at the University shows prosecutorial policy had a
discriminatory effect and that it was motivated by a discriminatory purpose.
untitled
Detective Mike Riner has had an obvious vendetta against the yellow House business
for many years.
Detective Mike Riner confiscated a KU band uniform that a dumpster diver sold the
Yellow House approximately 12 years ago. The owner of the business carrie Neighbors
at the time called KU and they informed her that the uniforms are turned in by the
students at the end of the year. If a student fails to return the uniform they are
charged for it.
With this information carrie told detective Riner that obviously the student had
already paid for it and since it was found in a trash dumpster the uniform obviously
did not qualify as stolen property and therefore the university's band department
should reimburse her the $40 she had paid for it.
This angered Detective Riner,he did not agree the university should have to
reimburse the business and he confiscated the uniform. Judging by Detective Riners
public statements using the name MichaelJ Detective Riner has held a grudge against
the business ever since. Blogging under the user name MichaelJ on public forums
Lawrence Journal world and larryville.com to demoralize the business and its owners,
make fun of them and make reference to this case in blogs dating back to 2006.
Detective Riner under the user name MichaelJ refers to the business owner as
"Bitchy" in one of his posts in reference to the band uniform incident. And in
We believe that detective Mike Riners Grudge towards the business owners has
clearly sets the path for his motivation to be dishonest while giving testimony
under oath durin~ the detention hearing, in united States of America vs. GUy
Neighbors & Catrle Nei~hbors case no. 08-MJ-8077-01j02-JPO. Falsely claiming under
oath and contrary to hlS report to not have been shown the paperwork in question and
claiming the notes associated with the paperwork were shredded. But then the
prosecutor Terra Morehead later testified that Riner had found the shredded notes
and she had seen them. claiming the sellers form was concealed and participating in
the arrest of Guy and carrie Neighbors on Friday Aug. 8Th, then on Monday August
11Th using the information provided to him by Carrie and Guy Neighbors from the
paperwork he testified was concealed, he arrested Robert samples.
We are requesting an FBI investigation into the actions of the officials presiding
over this case. For constitutional rights violations against Guy and carrie
Neighbors including but not limited to color of law violations, oath of office
violations and selective vindictive prosecution.
page 1
To: guysmileys@hotmail.com
Subject: michaelJ posts
Date: Sat, 20 Sep 2008 18:01 :06 -0600
Muti wrote: ' .....1 thought on the article about the uniform, they wanted KU to reimburse
Wrong! I know the KU Cop who spotted the uniform hanging in the shop and he's the one
..r-
I heard they once bought a KU Band Uniform from someone .... would that be a tipoff that it
might not be a kosher purchase? When did KU ever sell that kind of stuff? Someone told me
they were kinda bitchy when they had to give the uniform back too! sheesh ....
On Police swear in 5 officers
complaints!'
I'll be the Kansas City FBI would be interested to know they aren't 'real']