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UNITED STATES DISTRICT COURT DISTRICT OF KANSAS UNITED STATES OF AMERICA, Plaintiff, v. CARRIE NEIGHBORS, Defendant. ................... TRANSCRIPT OF JURY TRIAL - DAY TWO BEFORE THE HONORABLE CARLOS MURGUIA, UNITED STATES DISTRICT JUDGE. APPEARANCES: For the Plaintiff: Marietta Parker Asst. US Attorney 360 US Courthouse 500 State Avenue Kansas City, KS 66101 John Duma Attorney at Law 303 E Poplar Street Olathe, KS 66061 Nancy Moroney Wiss, CSR, RMR, FCRR Official Court Reporter 558 US Courthouse 500 State Avenue Kansas City, KS 66101 Docket No. 07-20124 Kansas City, Kansas Date: 9/14/10

For the Defendant:

Court Reporter:

NANCY MORONEY WISS, CSR, RMR, FCRR

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I N D E X GOVERNMENT'S WITNESSES: David Nitz Direct Exam by Ms. Parker Cross Exam by Mr. Duma Re-Direct Exam by Ms. Parker Jason Steffen Direct Exam by Ms. Parker Nicolle Beach Direct Exam by Ms. Parker Cross Exam by Mr. Duma Re-Direct Exam by Ms. Parker Peter Anthony Garcia Direct Exam by Ms. Parker Cross Exam by Mr. Duma Timothy J Coulter Direct Exam by Mr. Oakley Cross Exam by Mr. Duma Re-Direct Exam by Mr. Oakley Vicki Coulter Direct Exam by Mr. Oakley Cross Exam by Mr. Duma Travis Kaiser Direct Exam by Ms. Parker Cross Exam by Mr. Duma Re-Direct Exam by Ms. Parker Micky Rantz Direct Exam by Ms. Parker EXHIBITS: Govt's 1.1, 1.1 TR Govt's 1.2, 1.3 Govt's 1.4 Govt's 1.5, 1.6 Govt's 2.1, 2.1 TR Govt's 2.2, 2.3 Govt's 2.4, 2.5 Govt's 3.1, 3.1 TR Govt's 3.2 Govt's 3.3, 3.5, 3.6 Govt's 3.7, 3.8, 3.9, 3.10 Govt's 4.2, 4.3, 4.4, 4.5 Govt's 5.2, 5.3 Govt's 6.1, 6.2 Govt's 7.2, 7.3 Govt's 9.2 Govt's 10.1 Govt's 10.2, 10.3 Govt's 10.5, 10.6, 10.7 OFFERED 253 251 254 259 268 52,266 268 274 52,272 272 276 52 52 52 52 52 183 52 52

5 57 65 72 90 115 122 125 131 139 158 160 164 168 171 195 201 204 RECEIVED 253 251 254 260 268 52,266 269 275 52,272 272 276 52 52 52 52 52 183 52 52

NANCY MORONEY WISS, CSR, RMR, FCRR

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EXHIBITS: Govt's 10.5A, 10.6B, 10.7C Govt's 11.1 Govt's 11.2 Govt's 11.5, 11.6 Govt's 12.1 Govt's 12.2 Govt's 12.3 Govt's 13.1 Govt's 13.2 Govt's 14.2, 14.3 Govt's 15.3 Govt's 16.3 Govt's 17.2 Govt's 17.3 Govt's 18.3 Govt's 100 Govt's 101 Govt's 109, 109.1 Govt's 110 Govt's 111 Govt's 112 Govt's 113 Govt's 114-124 Govt's 125 Govt's 126 Govt's 128 Govt's 129, 129 TR Govt's 130 Govt's 131 Govt's 223.1 Govt's 223.2 Govt's 224 Govt's 229 Govt's 232, 233 Govt's 241 Govt's 242 Govt's 243

OFFERED 147 103 44 127 106 52 76 108 52 52 52 52 184 52 52 6 6 25 37 38 39 40 16 209 225 214 247 226 226 114 52 83 79 54 16 16 56

RECEIVED 147 103 45 127 106 52 76 109 52 52 52 52 184 52 52 6 6 25 37 38 39 40 16 209 225 214 248 227 226 115 52 83 79 54 16 16 56

NANCY MORONEY WISS, CSR, RMR, FCRR

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(9:03 AM, court and jury returned.) THE COURT: chair over there. Get everybody situated in your

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We had to add a chair in the end for

our box; only has 14 seats and we have 16 people, so we've added those -- those chairs. Hopefully, Mr.

Heintzelman and Miss Reed, you can see and hear everything as well. If you don't or if you have some Good morning.

difficulty, please let me know. THE JURY: THE COURT: had a good night's rest.

Good morning. Thank you. Hopefully everybody We had a

We're ready to go.

full day yesterday as you're aware.

We're in a A

different courtroom than the big courtroom upstairs. lot more people. And we went through the process as And it took

you're now aware of selecting this jury. most of our day.

But we did start with the trial late

yesterday afternoon at which time if you recall, court read to you some preliminary jury instructions. Also

the parties, the government and the defendant gave you their opening statements. At this time the court is

ready to have the government present their evidence in their case-in-chief and we're ready to start at this time. Miss Parker? MS. PARKER: Thank you, Your Honor. As its

first witness, the United States will call United States

NANCY MORONEY WISS, CSR, RMR, FCRR

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Postal Inspector David Nitz. THE COURT: Before you take your seat, what

I need for you to do is raise your right hand. (Witness sworn.) THE WITNESS: THE COURT: as you get in there. microphone around. I do. Please take your seat. Careful

You might want to move that 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. start with you stating your name. THE WITNESS: name is spelled N I T Z. THE COURT: MS. PARKER: Thank you. Miss Parker. My name is David Nitz, last Have you

Thank you, Your Honor. DAVID NITZ,

Called as a witness on behalf of the government, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MS. PARKER: Q. A. Sir, where are you employed? I'm employed by the United States Postal

Inspection Service as a United States postal inspector. MS. PARKER: And Your Honor, before we get

into the testimony of Office-- of Agent Nitz, I would

NANCY MORONEY WISS, CSR, RMR, FCRR

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like to offer Government's Exhibit 100, which is a stipulation to the business records foundation of certain of the documents that Agent Nitz is going to be testifying about, and I would offer Government's Exhibit 101, which is a stipulation to certain facts that -- some of which will be covered by Inspector Nitz during his testimony. THE COURT: In regards -- in regards to

Exhibit Numbers 100, 101, any objection, Mr. Duma? MR. DUMA: THE COURT: No, Your Honor. What the court would tell you is

that these exhibits are now admitted, and usually the exhibit is admitted just by the fact that the court makes a ruling and it gets admitted. There may or may In this

not be objections to it being admitted.

particular instance, I believe I heard the government's attorney say this was a stipulation which also you'll get an instruction on regarding stipulations, but in essence, it means that this is an exhibit the parties agreed on in regards to this evidence that's going to be presented to you at this time. MS. PARKER: BY MS. PARKER: Q. Inspector Nitz, have you been involved in an Miss Parker. Continue.

Thank you, Your Honor.

investigation that has been referred to as the Yellow

NANCY MORONEY WISS, CSR, RMR, FCRR

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House investigation? A. Q. A. Yes, I have. And when did your involvement begin? My involvement began shortly before the execution

of the first two search warrants in December of 2005, probably about the latter week or two of November of 2005. Q. And what interest does the United States Postal What allows you to have

Inspection have in this case? jurisdiction to investigate? A.

What allows the inspection service to have

jurisdiction in a case is the use of the United States mail involved in some sort of alleged or criminal activity. Q. And how long have you been with the postal

inspection service? A. Q. A. I started in January of 1999. All right. And before that, what did you do?

Before that, I was a postal -- or excuse me, an

auditor, tax auditor with the Missouri Department of Revenue. Q. And as a postal inspector, would you tell the

jury what types of investigations you most frequently conduct? A. Most frequent investigation, I've conducted

NANCY MORONEY WISS, CSR, RMR, FCRR

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probably include mail fraud and mail theft.

I've also

conducted investigations in most of the areas including the prohibited mails, child exploitation, narcotics, bottom investigations, as well. Q. All right. And what training or experience do

you have in the field of financial analysis or document analysis? A. Well, beginning with my degree, I have a degree

in accounting from Northeast Missouri State University in Kirksville, graduated from there in 1992, with the state. I conducted investigations of business records Most of that time with

for compliance with tax laws.

the state was spent assigned to our criminal investigation bureau to conduct those investigations in support of criminal cases, and then just training and experience in working mail fraud investigations, and tracing money through those types of investigations with the postal inspection service. Q. And you've testified that you became involved in

this investigation shortly before the first search warrant -- warrants were executed in December of 2005? A. Q. That's correct. And what were the circumstances that got you

involved in this? A. Lawrence Police Department contacted the

NANCY MORONEY WISS, CSR, RMR, FCRR

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inspection service in our Kansas City field offices, requesting assistance from us for a potential case that we may be interested in participating in, and I was assigned that investigation probably partly because of my background and also experience in working financial investigations, because that was going to be primarily the focus if I was involved in the case as far as my aspect or part of the case would be the financial investigative part. Q. And in the course of this investigation, were

records obtained? A. Q. A. Yes, they were. And how were they obtained? The financial records were obtained both through

state search warrants executed at the time of the search warrants on the physical business and the house, as well as follow-up federal grand jury subpoenas for records. Q. All right. And there are several boxes here in

the courtroom on the floor and on the table in front of you. A. Q. Are you familiar with the contents of those boxes? I am. And are they the financial records that were

obtained in this investigation that you have done some analysis on? A. Yes.

NANCY MORONEY WISS, CSR, RMR, FCRR

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Q. Honor?

I'm going -- may I approach the witness, Your

THE COURT: BY MS. PARKER: Q.

Yes.

And with the court's permission, I'm just going Can you

to put the box over here for simplicity sake.

tell the court and the jury what Exhibit 102 is? A. Q. A. Exhibit 102 is a bank account from Intrust Bank. And who was the signatory on that bank account? The signers on the account are Guy Neighbors,

Carrie Neighbors and AJ Neighbors. Q. number? A. Q. Last four digits are 3603. All right. And what period of time do these What are is last four digits of that bank account

checks in Exhibit 102 cover? A. Q. A. January of 2004 through December 2005. Show you Government's Exhibit 103. What is that?

Government's Exhibit 103 is for an Intrust Bank

account ending in the account number 4014. Q. A. And who are the account holders? Guy and Carrie Neighbors, the account is listed

as Professional Delivery Services, DBA Yellow House Store Topeka. Q. And what period of time do these checks cover?

NANCY MORONEY WISS, CSR, RMR, FCRR

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A. Q.

March of 2004 through December of 2005. Show you Government's Exhibit 104. Can you tell

the court and jury what that is? A. Yes, Exhibit 104 is for another Intrust Bank

account ending in 4197, and it is for Yellow House Quality Appliances, Incorporated or Inc, attention Carrie M. Neighbors. Q. All right. What period of time do these records

in 104 cover? A. Q. February through April of 2004. Show you Government's Exhibit 105. Can you

identify that please? A. Yes. Government's Exhibit 105 is Intrust Bank

records for account ending in 4286, and it is Carrie Neighbors DBA Yellow House Store, Topeka, with signers Carrie Neighbors and Guy Neighbors. Q. A. Q. And what period of time does 105 cover? Covers January of 2004 through March of 2005. Show you Government's Exhibit 106. Can you

identify that please? A. It's another Intrust Bank account ending in 7108,

and it is for Carrie M. Neighbors DBA Yellow House Store covering the periods of January through March of 2004. Q. All right. And finally, in this box I show you What's that?

Government's Exhibit 107.

NANCY MORONEY WISS, CSR, RMR, FCRR

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A.

Government's Exhibit 107 is Intrust Bank records It's for Guy Neighbors DBA

for account ending in 1169. Guy's Store. Q. A.

What period of time does Exhibit 107 cover? December of 2005 through January of 2006. MS. PARKER: Your Honor, these documents are

being identified and the foundation being laid for the purpose of supporting summaries, but we will not offer them into the record as an exhibit unless and until it becomes necessary to do so. BY MS. PARKER: Q. Finally, for purposes of identification, I'm What

going to show you what's been marked Exhibit 108. is that? A. Exhibit 108 is for the Commerce Bank records

ending in account 90223.

It is for Carrie M. Neighbors,

Guy Neighbors, DBA Yellow House Quality Appliance at the 1904 Massachusetts address. Q. A. Q. All right. And who are the signers on there?

Carrie M. Neighbors and Guy Neighbors. All right. What period of time do the documents

in Exhibit 108 cover? A. Q. January 2004 through December 2005. And these were identified for the same purpose, Now, all of these documents, Exhibits 102

Your Honor.

NANCY MORONEY WISS, CSR, RMR, FCRR

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through 108, did you conduct some financial analysis on those documents? A. Q. Yes, I did. Would you tell the grand jury what kind -- I'm

sorry, the court and the jury what kind of an analysis you performed on this big stack of documents? A. The primary analysis conducted on -- on these

records was to determine who checks were being written to, for the purpose of identifying not only who the Neighbors were writing checks to, but in what volume or quantity they were writing them. Q. So, is it fair to say that you took those checks

and you isolated checks out by who the -- who the check was written to? A. Q. Yes, that's correct. All right. And then did you make some exhibits

and some summaries of those exhibits? A. Q. Yes. Let me start with Exhibit 114. Would you tell

the grand jury what that is please -- I'm sorry, the jury what that is please? A. Exhibit 114 is a notebook containing copies of

checks payable to Nicolle Beach as well as a summary chart of those -- those checks. Q. And all of these books I'm about to ask you to

NANCY MORONEY WISS, CSR, RMR, FCRR

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identify, the contents of those books are duplicates of the checks that you have just identified in Exhibits 102 through 108? A. Q. Yes, they are. And then at the front of each of those books is a

summary that basically on one or two pages summarizes the information in each book, correct? A. Q. A. Yes, it does. All right. What is Exhibit 115?

115 is the same type of notebook containing

copies of checks and a summary for checks payable to Travis Kaiser. Q. A. All right. Exhibit 116. What's that?

Exhibit 116 is a notebook for checks and summary

charts for Joey Cadenhead. Q. please? A. Yes. Exhibit Number 117 is for checks and Exhibit Number 117. Can you identify that

summary charts for checks payable to Laura Helm. Q. Exhibit Number 118, I'm handing you that. What

is that? A. Exhibit Number 118 is for checks written from

Yellow House to Lewis Parsons and a summary chart. Q. A. Exhibit 119? 119 is the checks and summary chart for checks

NANCY MORONEY WISS, CSR, RMR, FCRR

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payable to Norma Payne. Q. A. Exhibit 120, what is that? Notebook containing checks and summary chart for

checks payable to Michael Aldridge. Q. A. Can you identify the contents of Exhibit 121? Yes, Exhibit 121 is for checks and summary charts

for checks payable to Bradley Byrne. Q. A. Show you Exhibit 122. What is that?

122 is the checks and summary chart for checks

payable to Pat Nieder or -- Pat Nieder or Patrick Nieder. Q. A. All right. Exhibit 123. What's that?

123 is for checks and summary charts for checks

payable to Stacy Barnes or Stacy Barnes-Catlett. Q. A. All right. Exhibit 124. What is that?

Exhibit 124 is for checks and summary charts for

checks payable to Jim or James Ludwig. Q. And finally in the notebook area, what's Exhibit

Number 1-- I'm sorry, 242? A. Exhibit 242 is a summary and copies of checks for

checks payable between the various Yellow House Store checking accounts or bank accounts. Q. is. A. 241 is a summary chart for checks payable to And Exhibit Number 241. Tell the jury what that

NANCY MORONEY WISS, CSR, RMR, FCRR

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Marcus Crawford. MS. PARKER: Your Honor, at this time the

United States would offer Government's Exhibits 241 and 242, and Exhibits 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, and 124. THE COURT: MR. DUMA: THE COURT: Any objections? No objections, Your Honor. At this time the court is going

to admit Exhibits 241 and 242 as well as admit Exhibits 114 through 124. MS. PARKER: BY MS. PARKER: Q. All right. Now, if you would open Government's All right.

Exhibit -- well, the one that's there on the witness stand. A. Q. I believe it's Exhibit 124, is that right? That's correct. All right. And I'm going to put up on the Do you see that?

overhead the document. A. Q. Yes, I do. All right.

And is this document -Are your monitors on in the jury

THE COURT: box?

UNIDENTIFIED JUROR: little bigger? UNIDENTIFIED JUROR:

Can you make it a

Yeah, can it go larger?

NANCY MORONEY WISS, CSR, RMR, FCRR

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BY MS. PARKER: Q. Now, we'll zoom in and get a little closer on

some of these columns, but for the purpose of explaining the entire summary chart, can you tell the jury what each column stands for? A. Yes. The original order column is just ordering

of how we entered them in to begin with. Q. All right. That's your number, that's first

check, second check? A. Q. bank. A. on. Yes. All right. What's that? That is the actual bank that the account is drawn Particularly, this one, the first one listed is And then the next column, it says

Intrust. Q. So, that relates to the Intrust Bank records

you've just testified about? A. Q. Correct. All right. What does account number mean? I

think it's obvious, but -A. Yeah, account number is the last few digits of

the account number. Q. Then there is a column that is entitled count.

What does that stand for? A. That count is to reference any of the checks that

NANCY MORONEY WISS, CSR, RMR, FCRR

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are associated to a particular count in the indictment. Q. All right. So, this check here that's numbered

15 on the list that has the 16 next to it, that check relates to the charges in Count 16, is that correct? A. Q. Correct. All right. Then the next column is a column What's that?

entitled overt act. A.

That's a column that references back to the

indictment as well basically a paragraph number of an overt act. Q. And then the column entitled source, bank or SW,

what does that mean? A. That means that is the source of where we

obtained the records, either from -- directly from the bank or via search warrant. Q. And the next column bate stamped number

beginning? A. Yeah, bate stamp number is a reference to the

number that is printed on the bottom right of the check in the process of preparing them for court. Q. All right. So, that is a number that enables you

if you need to go to that big box of checks to go immediately by the bate stamp number to find it if you need to? A. Correct.

NANCY MORONEY WISS, CSR, RMR, FCRR

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Q. A.

The next column is for what? Umm, that is a sub-section if it was needed, if

there was more than one page referencing a particular check, or like if I was referencing a bank statement somewhere. Q. A. Q. A. page. Q. A. The next one, bate stamp? It would be the ending number of that. That's pretty blank? Yes, most of the checks are contained on one Some of them are on two pages. BS number? That's the bate stamp sub-section, the ending So, if there's one that's listed as 325 A,

part of it.

then the A would be the sub-section part of that. Q. So, the four columns we've just talked about are

really columns that would have provided you with the information you need to quickly go to a check that's on this list. A. Q. A. Is that fair? Yeah.

Correct.

The next check, check date? That is the date that is reflected on the check

itself as far as when the check was made payable for. Q. A. All right. Date paid?

That would reference when -- when the check

cleared the bank or appeared to be presented for

NANCY MORONEY WISS, CSR, RMR, FCRR

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09:23:32 09:23:32 09:23:35 09:23:36 09:23:36 09:23:39 09:23:42 09:23:42 09:23:45 09:23:48 09:23:50 09:23:54 09:23:58 09:24:00 09:24:02 09:24:06 09:24:07 09:24:10 09:24:15 09:24:18 09:24:18 09:24:22 09:24:25 09:24:28 09:24:30

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payment. Q. Check number, I assume that means that's the

number on the check? A. Q. Correct. That's the printed number that the bank sends

when it sends a checkbook -- a book of checks? A. Q. A. Yes. All right. Amount?

That is the amount that is written on the check

payable for the amount for. Q. A. And the next column is witness? Yeah, witness, that is just the last name of the

person that the check was written to. Q. A. All right. And how about payee, what is that?

The payee is the actual person that the check was

written payable to. Q. Now, in most of the entries here on this first

page of the summary, it shows the witness and the payee as James Ludwig, correct? A. Q. Correct. All right. But on this very top one, the payee Do you know who that is?

is Arlette Ludwig. A. Q.

Yes, that is the wife of James Ludwig. And so, that means the check was made out to

Arlette, but James Ludwig has information about it?

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09:24:34 09:24:35 09:24:39 09:24:40 09:24:45 09:24:48 09:24:49 09:24:54 09:24:56 09:25:01 09:25:01 09:25:02 09:25:02 09:25:08 09:25:12 09:25:14 09:25:15 09:25:17 09:25:20 09:25:24 09:25:28 09:25:31 09:25:34 09:25:40 09:25:44

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A. Q.

Yes. And then finally, the memo column here. What

does that represent? A. That represents the description that was written

on the check itself in the memo column by the person writing and signing the check. Q. All right. And these are checks I believe you've

all ready testified to that were written on bank accounts belonging to either Guy or Carrie Neighbors? A. Q. A. Q. Yes. Or both? Yes. And so, the memo section of the check would have

been filled in by Guy or Carrie Neighbors, or at least would have been there when either one of them signed the check? A. That would be the presumption. It was on the

check all ready when we obtained them. Q. Okay. And let's just go down this column here,

and the -- I -- I've zoomed in a little bit so that what we've got I think a little bit more readable now are the check dates, and I'm really interested in the check dates and in the memo section. On January the 8th of

2004, a check was written which indicates that it was for -- or at least the memo section says Samsung DVD

NANCY MORONEY WISS, CSR, RMR, FCRR

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09:25:49 09:25:51 09:25:52 09:25:56 09:26:01 09:26:05 09:26:07 09:26:07 09:26:10 09:26:13 09:26:14 09:26:16 09:26:16 09:26:18 09:26:21 09:26:21 09:26:25 09:26:27 09:26:29 09:26:31 09:26:32 09:26:35 09:26:37 09:26:53 09:26:54

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VCR. A. Q.

Do you see that? Yes. All right. And from your investigation, have you

been able to determine that the memo section is basically a recording of what the person came in and sold at the Yellow House? A. Q. Yes, that's correct. All right. So, this would indicate that on

January 6th, a DVD VCR was sold? A. Q. sold? A. Q. sold? A. Q. A. Q. A. Q. A. Q. DVD and Craftsman. All right. Tools. On -- again, on January 29th, what was sold? Tools. Again on January 29th, what was sold? Tools. All right. And this goes down like that for one, Do you agree? On January 29th, what was sold? Tools. All right. And on January the 28th, what was Yes. All right. What -- on January the 14th, what was

two, three, four, five, six pages. A. Yes.

NANCY MORONEY WISS, CSR, RMR, FCRR

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09:26:55 09:26:57 09:26:58 09:26:58 09:27:02 09:27:07 09:27:09 09:27:11 09:27:12 09:27:17 09:27:19 09:27:21 09:27:22 09:27:24 09:27:25 09:27:28 09:27:36 09:27:37 09:27:37 09:27:39 09:27:46 09:27:49 09:27:50 09:27:54 09:27:55

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Q.

Or five and a half pages, five pages and a little

bit of six? A. Q. Yes. All right. And what is the last date that you

had a check for where Jim Ludwig was the payee? A. Q. A. Q. On November 28th, 2005. And what was sold that day? Tools. And there is a column here under amount that has What is that?

the total there. A. chart. Q. A. Q.

That's the total of the checks on the summary

Total of the value of the checks? The value, yes. So, the Yellow House bank accounts were used to

transfer $104,616.30 to James Ludwig or a member of his family -A. Q. Yes. -- during this period of time. Now, did you get

checks after December 31st of 2004? A. Q. A. Umm, after December 2004? I'm sorry, 2005. We obtained a few checks for -- just based on the

investigation. Q. But the search warrants and subpoenas were not

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09:27:59 09:28:03 09:28:08 09:28:09 09:28:11 09:28:14 09:28:17 09:28:22 09:28:27 09:28:30 09:28:32 09:28:42 09:28:45 09:28:46 09:28:46 09:28:54 09:28:58 09:29:01 09:29:07 09:29:08 09:29:12 09:29:14 09:29:16 09:29:17 09:29:19

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issued for any checks of 2006, except for the few that you've referred to, mainly checks for Joey Cadenhead? A. Q. That's correct. All right. So, the summary charts that you

prepared here really only go up until December of '05? A. That's correct. They generally just cover

January 2004 through December of 2005. Q. And then the summary charts and the checks in all

of those books are set up just like the one we just reviewed in James Ludwig's case, correct? A. Q. That's correct. Now, you also got some eBay and some PayPal

records, did you not? A. Q. Yes, I did. And what eBay records did you subpoena or -- or

what eBay records were obtained by search warrant? A. EBay records that were obtained -- well, they

were eBay and PayPal records combined for Yellowhair Bargains and Bargain Guy 44. Q. All right. Let me show you -- Your Honor, would

you like me to ask each time I approach the witness for permission or is -THE COURT: That's not necessary, but thank

you for bringing that up. BY MS. PARKER:

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09:29:20 09:29:23 09:29:30 09:29:33 09:29:36 09:29:40 09:29:42 09:29:48 09:29:51 09:29:54 09:29:57 09:29:58 09:30:02 09:30:02 09:30:03 09:30:05 09:30:09 09:30:09 09:30:11 09:30:15 09:30:18 09:30:23 09:30:27 09:30:32 09:30:33

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Q. A.

Show you Exhibit 109.

What is that?

109 is a CD or DVD, CD of the records that were

provided by eBay slash PayPal in referencing the Yellowhair Bargains and Bargain Guy 44 accounts. Q. And let me show you Government's Exhibit 109.1.

Would you tell the jury what that is? A. 109.1 is printed hard copy information from the

records that were provided electronically from eBay and PayPal, and includes information pertaining to the owners of those accounts. MS. PARKER: Your Honor, at this time,

government would offer Exhibits 109 and 109.1. THE COURT: MR. DUMA: THE COURT: Exhibit 109 and 109.1. BY MS. PARKER: Q. Before we get into the information that you are Any objection? No objection, Your Honor. At this time court admits

able to obtain from those eBay and PayPal records, I want to go back for just a moment to our discussion of the bank documents. In the course of your employment

and in your training and experience, are you aware of how the banking industry affects inter-- interstate commerce, if it does? A. Yes. Yes, I am aware of that. Transactions

NANCY MORONEY WISS, CSR, RMR, FCRR

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that -- that get processed through banks, for instance, checks will be processed through the bank that is the owner of that check in a sense. So, whether it's

Intrust or Commerce Bank, those checks travel between state lines in order to get processed and run through the Federal Reserve Bank, for instance, locally here in Kansas City, Missouri. Also, transactions that are

electronic as far as transfers between bank accounts or in the -- in the specifics like of this case when we have transfers that go from a PayPal account on eBay that get transferred into the bank account in Kansas, those would be traveling via interstate commerce or affecting interstate commerce, traveling electronically from, you know, say California to Kansas. Q. And do the banks themselves engage in interstate

financial activity? A. Yes, they do. There are inter-bank transfers

that are made electronically to more quickly transfer funds than -Q. Banks make loans for houses or businesses or to

buy commercial buildings in states other than where they actually are situated themselves, correct? A. Q. That's correct. All right. So, in your professional opinion, do

the checks here represent activity that affects

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interstate commerce? A. Q. Yes, it does. All right. Now, we'll go back to the eBay and Exhibit 109, can you start with

the PayPal records. Page 1? A. Q.

This is on 109.1? 109.1. Before we go into talking about that,

these records were obtained by search warrant? A. Q. A. Yes, that's correct. How does that happen? This was through a state search warrant.

Typically, on a state level, a search warrant will be issued. For records on a federal level, it will be a In this case, search warrants were

grand jury subpoena.

obtained for business records by the Lawrence Police Department at the same time the search warrants were being applied for and obtained for the physical locations of the business and the residence. Q. So, the law enforcement agencies in this case did

not go out to eBay in California and search through their records to find these. They served them with a

copy of the search warrant, and eBay then mailed back to them these documents? A. Q. Yes, in the form of an electronic version. All right. And what was the type of information

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that was requested from eBay under that search warrant? A. Q. Basically, ownership and transaction activity. All right. And Exhibit 109.1 is a document that

relates to some of the information from the eBay account, correct? A. Correct, 109.1 references account ownership

information. Q. All right. And let's start at the top here.

There is a column, eBay user ID, eBay e-mail address. Do you see that? A. Q. A. Yes. All right. What's number one, what's that?

That is listing the eBay user Yellowhair Bargains

and the eBay e-mail address of Yellowhouse@Sunflower.com. Q. A. Q. A. Do you know what that negative $353.84 is? I do not know. That's something that eBay provided to you? Yes, that's in the original form. That wasn't

something I added. Q. And then this is the form that they sent you this

information in, correct? A. Q. A. Correct. All right. The name of this account is what?

Yellow House.

NANCY MORONEY WISS, CSR, RMR, FCRR

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Q. A. 66046. Q. A.

With an address where? 1904 Massachusetts Street, Lawrence, Kansas,

And then it shows a creation date.

What's that?

It shows a creation date of January 17th of 2003,

which is the date that eBay reflects as that account being created -- or created. Q. A. And then the account status, it shows suspended? At the time that they printed this, it was

suspended. Q. And what time -- what time-frame was this sent to Would this have been in 2006?

you and printed? A.

It would have been about the beginning of 2006.

I don't remember exactly when we received it. Q. And then the number two here under the eBay

account, what is that? A. Number two references Bargain Guy 44 with the

e-mail address of Guysmiley@hotmail.com. Q. All right. And the eBay user ID is the name that

would appear on the eBay site if Bargain Guy 44 was selling something? A. Q. Correct. And then if someone wanted to communicate with

the owner of the Bargain Guy 44 account, they would send an e-mail message to Guysmiley@hotmail.com, is that

NANCY MORONEY WISS, CSR, RMR, FCRR

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09:35:53 09:35:53 09:35:54 09:35:56 09:35:57 09:35:58 09:36:06 09:36:06 09:36:08 09:36:09 09:36:09 09:36:12 09:36:13 09:36:16 09:36:20 09:36:23 09:36:25 09:36:29 09:36:34 09:36:38 09:36:43 09:36:46 09:36:50 09:36:53 09:36:56

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right? A. Q. A. Q. A. Yes, they could send an e-mail. And the name associated with that account is? Guy Neighbors. And the address? 1835 Northwest Topeka Boulevard, Number 131,

Topeka, Kansas. Q. And then there are several telephone numbers

there, correct? A. Q. Yes. All right. And it shows that was created or that

account was opened when? A. Q. November 17th, 2003. All right. Now, we've talked about eBay. How are PayPal

There's PayPal e-mail addresses on here. and eBay related, if you know? A.

EBay is the actual on line auction site where an

individual or business would -- would post something to be sold, and that is where the auction takes place. PayPal is a -- for lack of better description, similar to bank account, basically making a transfer between accounts. So, an individual can have a PayPal account

that they will pre-fund and have money available in that or provide some sort of funding for that account, and then if they purchase something from another eBay seller

NANCY MORONEY WISS, CSR, RMR, FCRR

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and that eBay seller has an account set up, then the transfer of funds can go from one PayPal account to another PayPal account rather than having to send a check or money order or cash to the person who's selling it. Q. And the PayPal money in the PayPal account can be

transferred directly from PayPal to the account owner's own bank account if they choose, correct? A. Q. Yes, it can. Now, the first PayPal e-mail address here is the

Yellowhouse@Sunflower.com? A. Q. Yes, that's correct. Same as the e-mail address that goes back to the

Yellow House, correct? A. Q. Yes. And the account number on this one ends in 8604,

correct? A. Q. Yes. All right. And the name that is associated with

that account as the owner? A. Q. Carrie Neighbors. And it has the 1904 Massachusetts address. If

you have another one, what's that? A. 1104 Andover, Lawrence, Kansas. Address is the

physical residence of Guy and Carrie Neighbors.

NANCY MORONEY WISS, CSR, RMR, FCRR

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09:38:03 09:38:05 09:38:06 09:38:09 09:38:11 09:38:14 09:38:19 09:38:19 09:38:20 09:38:23 09:38:30 09:38:32 09:38:36 09:38:38 09:38:40 09:38:42 09:38:45 09:38:45 09:38:48 09:38:48 09:38:49 09:38:53 09:38:53 09:38:54 09:38:57

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Q.

All right.

And the creation date of this account

was when? A. Q. March 7th, 2003. All right. And then there is a column there

indicating that the account should be restricted by the time the law enforcement agents received the disk, correct? A. Q. Yes. All right. PayPal account number two,

Guysmiley@hotmail.com, same address as is on the Bargain Guy 44 eBay user ID? A. Q. Well, it includes the address 1104 Andover. But I'm talking about just right now the -- the

e-mail address? A. Q. A. Q. Oh, yes, the e-mail address. Same as in number two under eBay user ID? Yes. All right. And this is associated with Guy

Neighbors? A. Q. Yes. And he also was using the 1104 Andover there,

correct? A. Q. 4029? Yes. All right. And this is the account that ends in

NANCY MORONEY WISS, CSR, RMR, FCRR

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09:38:59 09:38:59 09:39:02 09:39:08 09:39:11 09:39:14 09:39:15 09:39:16 09:39:21 09:39:24 09:39:27 09:39:30 09:39:36 09:39:38 09:39:42 09:39:49 09:39:51 09:39:56 09:39:59 09:40:03 09:40:08 09:40:12 09:40:13 09:40:14 09:40:15

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A. Q. A. Q.

Yes. And when was that created? That was created November 18th, 2003. And again, that account should have been

restricted by the time this information was received by law enforcement? A. Q. Yes. And then next page is just an address of the That would be

contact to send the information to.

Officer Micky Rantz of the Lawrence Police Department? A. Q. Yes. Now, Page 3 of Exhibit 109.1. Can you tell the

court and the jury what this document is? A. This is the actual printed account information

page for the Yellowhouse@Sunflower.com or the Yellowhair Bargains account in the name of Carrie Neighbors. Q. All right. And down here, there is a column for

financials. A.

Do you know what that's for?

Umm, that is going to reflect a balance that's

listed in the account as well as some dollar amounts that the eBay or PayPal is reflecting as the amount sent. Q. A. Q. And in this -In the account. And in this case, for the Carrie Neighbors

NANCY MORONEY WISS, CSR, RMR, FCRR

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account, it shows $579,178.96? A. Q. A. Yes. And what is Page 2? Page 2 is a continuation of the account

information page, and it lists -- down at the bottom, it begins listing some of the addresses associated with the account. Q. And those are the addresses for the most part

that you have all ready testified about? A. Q. A. Yes. The next page? It is Page 3 of the account information page. It

begins with the addresses, and then continues into the bank accounts. Q. So, it reflects some of the bank accounts that

you have all ready testified about? A. Q. Yes. Okay. And then the next page, this is product Again, it's more I'm sorry,

information for Carrie Neighbors.

information relating to her account at eBay. this is a PayPal. A. Q. This is a PayPal information page. All right.

Now I'm going to skip through some of

these, but in any event, going to the page that at the top is listed as Page 5 of 8, do you have that?

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A. Q.

Yes. All right. And I'm going to the redemption codes That's more information

available, coupons available. about the account? A. but -Q.

Umm, yes, you're zoomed in right now on it,

So, there is extensive information that eBay and

PayPal are able to provide about its customers, correct? A. Q. Correct. You -- referring to the Document 109.1, one of

the accounts was bank account -- Intrust Bank account ending in 42861 of the accounts associated with these records? A. Q. It was listed in there. All right. Intrust Bank account ending in 4014.

Is that also associated with the PayPal and eBay records? A. Q. Yes. Yes.

Account ending in 7108 at Intrust Bank was also

linked to the eBay/PayPal records for Carrie and Guy Neighbors? A. Q. well? A. Yes. Yes. And Intrust Bank account ending in 4197, that as

NANCY MORONEY WISS, CSR, RMR, FCRR

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q.

Intrust Bank account 8095, was that also

associated with the eBay/PayPal records? A. Q. Yes. Intrust Bank 0995, account ending in 0995, was

that also associated? A. Q. Yes. And finally, Commerce Bank account ending in

0223, was that associated with those records? A. Q. Yes. And the association of the bank and the account

numbers with those records, did that mean that PayPal could transfer money in either Bargain Guy 44 or Yellowhair Bargains accounts directly into the bank accounts? A. It could. If they chose to do that, they could

transfer money directly into those accounts. Q. Okay. I want to show you what has been marked as Do you recognize that?

Government's Exhibit Number 110. A. Q. A. I do. What is that?

That is a print-out of all the information going

from left to right on, including all of the columns that would be provided by eBay. Q. All right. MS. PARKER: Your Honor, at this time

NANCY MORONEY WISS, CSR, RMR, FCRR

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government offers Exhibit 110. MR. DUMA: THE COURT: Exhibit Number 110. BY MS. PARKER: Q. All right. Is this the size it print out or has No objection. At this time court admits

this been enlarged just for demonstration purposes? A. No, if you wanted to print all of the columns

that they provide, at least in somewhat readable form, you would have to print it that large. Q. All right. And so, you, in -- during the period

of your analysis, took the -- is this the eBay print-out? A. Q. That is the eBay print-out, yes. So, in order to have it in a usable format, using

all of the columns, you would have to have a stack of documents this big? A. yes. Q. So, did you then take the information on Correct, if you wanted to print all the columns,

Exhibit 109 and reduce it to a smaller size? A. Q. Yes. All right. Show you Government's Exhibit 111.

Can you identify that please? A. Yeah, Exhibit 111 is the -- the print-out of the

NANCY MORONEY WISS, CSR, RMR, FCRR

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selected information, the columns that I left in for analysis purposes. Q. All right. MS. PARKER: Your Honor, at this time the

government offers Government's Exhibit 111. THE COURT: MR. DUMA: THE COURT: Exhibit Number 111. BY MS. PARKER: Q. And I'm going to put Exhibit 111 on the overhead Any objection? No objection, Your Honor. At this time the court admits

and just -- what was your purpose in doing this analysis? A. This -- the purpose of doing this analysis was

to -- well, this is actually the -- the complete printed information from eBay including all the information that was reflected in postings on the eBay sites. Q. And this last column here has the high bidder

name that actually identifies who purchased the product? A. Yes, that identifies who won the bid or the

bidding process for each item. Q. All right. And all of these entries here in

Government's Exhibit 111, they relate only to the Bargain Guy 44 and Yellowhair Bargains or Yellow House accounts, correct?

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A. Q.

That's correct. Now, also on that disk was information for

PayPal, correct? A. Q. Correct. I'm going to show you Government's Exhibit 112.

What's that? A. That is a print-out on large format of all of the PayPal has quite

columns that are included for PayPal.

a few additional columns than what eBay print-outs actually have. MS. PARKER: Your Honor, at this time the

government would offer Government's Exhibit 112. THE COURT: MR. DUMA: THE COURT: Exhibit Number 112. BY MS. PARKER: Q. Okay. And now I'm going to turn it right side up Now, did you have to Any objection? No objection. At this time the court admits

and display this for the jury.

enlarge this, or is this the size that it takes to print out all the information directly from that disk about PayPal? A. That's the size if its basically shrunk down to

get onto that -- onto that paper right there. Q. So, it's impractical to print out directly from

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the disk, the 109, the information from PayPal? A. Yes, it would go on several pages just to include

all the columns of going from left to right. Q. So, in order to have information in a usable

form, did you again take the disk and put it into a form that was more easily dealt with? A. Q. Yes. All right. Can you tell the jury what Exhibit

113 is, please? A. Exhibit 113 is the print-out of the PayPal

records associated with the Yellowhair Bargains and the Guy -- or Bargain Guy 44 accounts. Q. All right. MS. PARKER: And Your Honor, at this time

the government would offer Government's Exhibit 113. THE COURT: MR. DUMA: THE COURT: Exhibit Number 113. BY MS. PARKER: Q. Now, Exhibit 112 -- I'm sorry, 111 which is the Any objection? No objection. At this time the court admits

print-out of the eBay information, what did you do with this? Did you make any summaries or reduce this to some

kind of a summary at all? A. Umm, not so much the eBay, but did with the

NANCY MORONEY WISS, CSR, RMR, FCRR

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PayPal records. Q. All right. The PayPal records in Exhibit 113,

what did you do with those in the course of your investigation? A. Took the -- I took -- took the information that

was contained in there listing their sales, and this is the sales that would come through PayPal. This does not

include sales if somebody would mail a check or cash payment or pay by credit card. This would be just the

sales that were completed through eBay and paid through a PayPal account. Took that information and began

removing certain items that were sold by them that we do not believe -- may not be related to the case, particularly removing items such as conducted searches and removed items such as appliances that were typically being stored or sold in the store, such as a used oven or refrigerator, some item like that. Conducted

searches, and this is electronic searches through the spreadsheet for any item that lists used or used search terms like -- for like -- like new, trying to remove each item that was not an item that was listed as new or new in the box type item, and then did a line by line search of the remaining items to remove any additional ones that we didn't think applies to the specifics of this case.

NANCY MORONEY WISS, CSR, RMR, FCRR

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Q.

All right.

So, the final product that you have

reflected only the PayPal information relating to new items sold by Yellow House. statement? A. Well, that exhibit actually is a printing of all But in order for -- to determine maybe Is that a correct

of the items.

like a dollar amount, approximate of the items that were new or new in boxes items, I conducted that search and removal of items. But the actual exhibit is a print-out

of -- of all the information. Q. But after you winnowed out all of the extraneous

items and were left with what you believe was just an accounting for new items, were you able to determine how much the Yellow House stores received from PayPal for new items? A. Q. Yes, it was a little over $600,000. And the $600,000, that is only PayPal. Are there

other methods for merchants who sell on eBay to get payment besides going through PayPal? A. Yes, they can receive payment via money order,

cash, check that would be mailed to them, they could accept orders over the phone, or actually, I mean, not orders, but payment over the phone using a credit card. So, there could be other ways. It's just PayPal is one

way in which they can transfer money and pay for the

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item. Q. All right. So, assuming that there was some

activity outside of the PayPal account, this $600,000 total figure would likely go up? A. Q. Yes. All right. Now, did you also isolate certain

pages from the eBay and the PayPal records? A. Yeah. I isolated certain pages that related

specifically to the counts in the indictment. Q. All right. I'm going to show you Exhibit 11.2.

What's that? A. 11.2 is a print-out of eBay records relating to

Count 11, and on each of these pages in these, there will be a line or more than one line depending on how many items per page are related, that is highlighted, and that highlights the items specifically related to that count. Q. All right. The highlights that are on these

exhibits in yellow are highlights you put there, correct? A. Q. Correct. To indicate which of the lines relate to certain

counts, correct? A. Q. Yes. But other than that, have there been any changes

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made to those documents? A. Q. A. No. All right. Is there a number down in the corner?

Yes, the number down in the corner next to, for

instance, Exhibit -- you know, this is Government's Exhibit 11.2. There's a number E B 136. That is

basically a bate stamp number that we had printed on here so that once again I could refer back to a specific page for that account that would have been in that full complete print-out that we've all ready done. MS. PARKER: I'm sorry, are you finished?

At this time the government offers Exhibit 1-- I'm sorry, 11.2. THE COURT: MR. DUMA: Any objection? Judge, could I please ask one

question of this witness before I -THE COURT: MR. DUMA: Yes. Agent Nitz, that is as to a

specific count in the indictment, is that correct? THE WITNESS: Yes, that relates to a 11.2 would be

specific count in the indictment. referencing Count 11. MR. DUMA: THE COURT: admit Exhibit 11.2. Thank you.

No objections.

At this time the court does

NANCY MORONEY WISS, CSR, RMR, FCRR

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BY MS. PARKER: Q. And maybe that is good time to do a little bit of Exhibits

explaining of how these exhibits are numbered. that start -- in this case we've referred to Exhibit 11.2. A. What does that first number mean?

The first number 11 is a reference to Count 11 in

the indictment. Q. And this would be the second document that

relates to Count 11? A. Q. Yes, the .2 would reference a second document. And so, any exhibit that starts in a Number 11

will be an exhibit that relates to Count 11, correct? A. Q. Correct. All right. There are 18 counts in the

indictment, correct? A. Q. Correct. All right. So, numbers starting with 2, 3, 4

would all relate to Count 2 or Count 3 or Count 4? A. Q. Correct. Then there are exhibits that have been marked Buy What do those relate to?

One and Buy Two. A.

Those are relating to specific buys, are relating That

to undercover activity by our undercover officers.

would be -- Buy One would reference the first sale of -by the undercover officer to Carrie Neighbors or the

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first buy that she made from the undercover officer. Q. And then there are documents that are -- and then

anything related to Buy One will be Buy 1.1, 1.2, Buy 1.2, Buy 1.3. So that you -- anybody reading those

numbers would know that all of these documents that have Buy 1. something relate to that first buy on October 27th? A. Q. 1.2. A. Yes, that's correct. Now, we have documents that are marked CI 1.1, CI What do those refer to? Those refer to our confidential informant,

cooperating individual, specifically Joey Cadenhead. And the one would reference the first sale to Yellow House, CI 2 would reference a second sale, and any of the .1 .2 .3 would reference individual documents or items within that were associated with that first or the second or the third buy. Q. And at the request of the law enforcement agent,

Joey Cadenhead went into the Yellow House on three occasions and had contact with Carrie Neighbors, is that right? A. Q. Yes. And so, CI 1, 2, 3 are the references to those

three visits that were recorded? A. Yes.

NANCY MORONEY WISS, CSR, RMR, FCRR

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Q.

All right.

Now, in front of you I have set a Can you identify by exhibit number

stack of folders.

what are contained in those folders? A. Yes. Item 12.2 is an eBay print-out. It has two

highlighted items on there, but this references -- at least one of those items references Count 12. Q. All right. Do you also have Exhibit -- and

that -- these pages that you are referring to in this stack you're about to identify all look like 11.2 as far as their form goes? A. Q. Yes. All right. What's Exhibit 13.2? What does that

relate to? A. 13.2 is another print-out from the eBay records,

and it references to Count 13. Q. All right. Exhibit 20 -- I'm sorry, 223.2,

what's that? A. Q. A. That is another eBay print-out. All right. Exhibit 10.5?

Exhibit 10.5 is a -- another eBay print-out

referencing Count 10. Q. A. All right. Exhibit 10.6?

10.6 is a -- an eBay print-out, and it also

references Count 10. Q. Exhibit 10.7?

NANCY MORONEY WISS, CSR, RMR, FCRR

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10?

A.

Another eBay print-out referencing 10. -- or

referencing Count 10. Q. A. Q. All right. Yes. Is that another eBay page that references Count Do you have Exhibit 10.2 there?

A. Q.

Yes. All right. Exhibit 10.3, is that an eBay page

that references Count 10? A. Q. A. 10.3 is a PayPal page in reference to Count 10. All right. Exhibit 17.3. What's that?

17.3 is a pay -- a print-out from the PayPal

documents in reference to Count 17. Q. All right. Exhibits 5.2 and 5.3, are those

documents that relate to Count 5? A. Q. Yes, they are. They are both eBay documents.

Exhibits 7.2 and 7.3, are those documents

relating to Count 7? A. Yes, they would be, and both of them are eBay

print-outs. Q. A. Exhibit 18.3, what's that? 18.3 is a PayPal print-out referencing Count --

or Count 18 for the transfer of funds to the bank account. Q. All right. That's for the transfer of funds from

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10:00:13 10:00:17 10:00:17 10:00:21 10:00:26 10:00:27 10:00:30 10:00:34 10:00:35 10:00:36 10:00:44 10:00:51 10:00:58 10:00:59 10:01:04 10:01:09 10:01:11 10:01:13 10:01:21 10:01:24 10:01:25 10:01:26 10:01:27 10:01:30 10:01:32

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PayPal to one of the Yellow House bank accounts? A. Q. Yes. All right. And when those funds are transferred,

does PayPal transfer those electronically? A. Q. Yes, that is done electronically. And does that electronic transfer of funds from

PayPal into the Yellow House bank account affect interstate commerce? A. Q. A. Yes, it does. Exhibits 2.2 and 2.3, what are they? 2.2 is an eBay print-out in reference to Count 2

and Exhibit 2.3 is a PayPal print-out in reference to Count 2. Q. Now, when you say that 2.2 is an eBay account

record and 2.3 is a PayPal account record, are each one of those clearly marked someplace where it shows this is PayPal, this is eBay? A. Yes, the eBay in particular 2.2 is in reference

to eBay Page Nine, E B Nine. Q. A. Q. A. Q. All right. And how is that?

And then Pay -Where do you find that? That is on the bottom right corner. All right. And I'm going to put up here on the And .2 E B 136. This means this

overhead Exhibit 11.2.

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is from the eBay documents at Page 136? A. Q. Correct. All right. And if it were PayPal, what is the

notation? A. Q. A. Q. P P. P P for PayPal? Yes. All right. So, anybody looking at the record,

while it may at first glance look exactly the same or substantially the same, that little notation at the bottom clearly informs the reader which agency or which entity it came from? A. Q. A. Q. A. Yes, it will reference either eBay or PayPal. All right. 4.2. All right. And 4.2, 4.3, 4.4 and 4.5 there? What's your next number there?

Yes, 4.2 is an eBay document, 4.3 is an eBay

document, and 4.4 is an eBay document, and 4.5 is an eBay document, and those are all in reference to Count 4. Q. there? A. Yes. 14.2 is an eBay document referencing Count All right. Do you have Exhibits 14.2 and 14.3

14 and 14.3 is a PayPal document in reference to Count 14.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15.

Q. A. Q. A. Q. A.

What is the next number that you have? 3.2. And what is that referencing? 3.2 is an eBay document in reference to Count 3. Do you have 6.1 and 6.2? Yes, 6.1 is an eBay document in reference to

Count 6. Q. A. And -And 6.2 is also an eBay document in reference to

Count 6. Q. A. Do you have 9.2? Yes, 9.2 is an eBay document in reference to

Count 9. Q. A. Do you have 16.3? Yes, 16.3 is a PayPal document in reference to

Count 16, specifically the transfer of funds to bank or withdrawal of funds to bank. Q. 15.3. A. And I'm going to hand you what's been marked as Have you identified that? 15.3 is an eBay document in reference to Count

MS. PARKER:

Your Honor, at this time the

United States would offer Exhibits 11.2, 12.2, 13.2, 223.2, 10.5, 10.6, 10.7, 10.2, 10.3, 17.3, 5.2, 5.3, 7.2, 7.3, 18.3, 2.2, 2.3, 4.2, 4.3, 4.4, and 4.5, 14.2,

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14.3, 3.2, 6.1, 6.2, 9.2, 16.3, and 15.3. THE COURT: all ready been admitted. exhibits, any objections? MR. DUMA: THE COURT: No, Your Honor. There were a number of exhibits I believe the Exhibit 11.2 has But in regards to the other

that were listed, and as listed by the government for the record, there being no objections, court at this time is going to admit those exhibits. MS. PARKER: And Your Honor, as it relates

to the interstate wire transfers, government would like to publish a portion of Government's Exhibit 101, which is the stipulation of facts at this time. THE COURT: MS. PARKER: Please do so. Stipulation 1-- Exhibit 101 at

Paragraph One states that between January of 2004 and July 2006, e-mail messages sent to or from the eBay servers through the following I P addresses traveled in interstate commerce between the states of Kansas and California. Then lists four I P broad band numbers from

Sunflower; they end in 56.37, 100.192, 124.135, and 91.191. And AT&T internet service I P numbers, three of

them, one ending in 101.14, one ending in 195.176, and one ending in 101.178. BY MS. PARKER:

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Q.

Now, Inspector Nitz, do these I P numbers appear

on any of these eBay or PayPal documents? A. Yes, they -- on the eBay documents, it lists a

listing I P address. Q. All right. And I've got Exhibit 11.2 on the

overhead now, and the next to the last column is the listing I P address, correct? A. Q. Yes. All right. And the listing I P addresses that

appear on the eBay documents are reflected in the stipulation Exhibit 101 as eBay or I P addresses that belong to the defendants in our state and are in Kansas? A. Q. A. nexus. Q. It shows that these wire transfer -- these That's correct. And what does that information establish? That information helps establish the interstate

messages went back and forth across state lines? A. Q. Correct. All right. Now I'm going to hand you

Government's Exhibit 232 and ask you if you can identify that please? A. 232 is a disk of the information provided by eBay

and PayPal in reference to an account Flatlander 645. Q. Show you Exhibit 233. What is that?

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A.

Exhibit 233 is information that is printed from

the eBay and PayPal disk in reference to the Flatlander 645 account. MS. PARKER: Your Honor, at this time the

United States would offer Government's Exhibit 232 and 233. THE COURT: MR. DUMA: THE COURT: Exhibits 232 and 233. BY MS. PARKER: Q. Now, I am going to put up on the overhead the Any objection? No objections, Your Honor. At this time the court admits

first page of Government's Exhibit 232 and ask you to tell the court and the jury what this represents? A. This is an information page specifically related It identifies the owner of Flatlander 645 as

to PayPal.

being Mike Coffman. Q. All right. And I'm pointing to a location in the

middle of that page where it shows Mike Coffman, P O Box 196, Lecompton, Kansas, correct? A. Q. Correct. All right. And is the Flatlander 645 eBay

address involved in this case at all? A. Q. Yes, it is. How?

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A.

In approximately March of 2006, Carrie Neighbors

and Yellow House Store began using this account. Michael Coffman is a friend or associate of -- of the Neighbors. Q. All right. Is he a person that was often seen in

the Yellow House Store by people going there to sell? A. Q. Yes. And do you know why the Yellow House Store

had to start using a different identifier for eBay and PayPal? A. EBay and PayPal -- or I guess eBay had shut down

their other accounts. Q. A. Q. So, they had to use a different ID number? Yes. And was it one that could not be associated with

any of the addresses that they showed on their own records for eBay and PayPal? A. Correct. MS. PARKER: more exhibit. BY MS. PARKER: Q. I want to show you what has been marked as Can you identify that please? Just one second. I have one

Government's Exhibit 243. A.

Yes, 243 is a -- is information that was printed It's listed as prohibited and

in reference to eBay.

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restricted items-stolen property. Q. A. Q. All right. Yes. And is this a policy that was in effect from 2004 And is that from eBay?

through 2006? A. Yes. MS. PARKER: Your Honor, at this time

government offers Government's Exhibit 243. MR. DUMA: THE COURT: Exhibit 243. BY MS. PARKER: Q. again. A. Q. A. I'm going to put Exhibit 243 on the overhead Would you read that first paragraph please? Beginning with the sale of stolen property? Yes. The sale of stolen property is strictly forbidden No objection. At this time the court admits

on eBay, and violates state, federal, and international law. EBay strongly supports law enforcement efforts to

recover stolen property that is listed on its web site, and urges the prosecution of those responsible for knowingly attempting to sell such items on eBay. Stolen

property includes items taken from private individuals as well as property taken without authorization from companies or government.

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Q. site? A. Q.

Was this policy easily accessible on the eBay web

Yes, you could research that and find it. So, this is information that eBay provided to

sellers about their policy that stolen property could not be sold on their web site? A. It's information they had available, yes. MS. PARKER: Just one second. Your Honor,

that concludes my direct examination of this witness. THE COURT: MR. DUMA: Cross-examination? Thank you, Your Honor.

CROSS EXAMINATION BY MR. DUMA: Q. Agent Nitz, let's go back first to the exhibits

that have the checks that were written out to the people that are going to testify on behalf of the government. A. Q. Okay. One of them is James Ludwig. Would you agree

with that? A. Q. Yes. Okay. And that's in Government's Exhibit

Number 124? A. I believe it is. I don't have it in front of me,

but I think his -- yeah, 124 it looks like. Q. And so, basically, this exhibit has copies of the

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checks that were written from Yellow House to James Ludwig? A. Q. A. Q. Yes. As part of that exhibit; would you agree? Yes. Okay. And I'm going to show you just randomly,

I've chosen a check out of the back of that exhibit that's been admitted. It's Check 10501, and if I can, I Can

may need some -- some technical assistance here. you see that? A. Q. Yes, I can.

And that's a check written out to James Ludwig on Would you agree

-- looks like September 29th, 2004. with that? A. Q. Yes. Okay.

And that would be pretty representative of

the sorts of checks that were written to Mr. Ludwig from Yellow House. A. Q. Yes. Okay. Now, I notice on the check itself, there's Would you agree with that?

something that's blacked out like in the -- in the middle upper. A. Q. Yes. Okay. And I assume that's Kansas driver's You see that right there?

license information?

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A.

Yeah, we redacted personal information that would

be related to the individual. Q. But the original of the check as -- as Mr. Ludwig

went to the bank, the original of the check would have had his Kansas driver's license number on the front of that check apparently, is that correct? A. Q. Yes. Okay. And also it looks like there's a

fingerprint right there in the upper yellow -- or upper left-hand corner right there by Yellow House. agree with that? A. It's some sort of smudge, but appears probably a Would you

fingerprint. Q. A. Q. A thumb print probably? Probably a thumb print. And did you investigate where that thumb print

came from on this check? A. prints. Q. So, that was probably done at the bank just so No, this check was not processed for thumb

when he cashed it, the bank could say, put your thumb print on here in case you're trying to do something illegal, correct? A. Q. Yes, it was probably done at the bank, yes. And then the -- do you know whether the Kansas

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driver's license information was written on there by somebody at Yellow House or somebody at the bank? A. Q. I do not know. Okay. So, in any event, once this check was

cashed or deposited, then the original of it came back to Yellow House, correct? A. Yes, it would have been processed back either as

a printed copy or physically returned to them. Q. Okay. And then that's -- that's how you got it

from a search warrant in December of 2005? A. Umm, I'm not positive this specific check whether

it was from search warrant or subpoena, but probably on -- search warrant on this. Q. So basically -- and there's just literally -- I

don't know if there's hundreds, there's a bunch of checks to Mr. Ludwig that -- that have on the check exactly what was purchased, correct, in the memorandum section? A. Q. Yes, there is an item listed in the memo section. Okay. And then there's -- this identification

information is on most of the checks that were -- that were given to Mr. Ludwig. A. Q. Yes. And then it looks like there were fingerprints -Would you agree with that?

not on all of them, but on some of them, checks given to

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Mr. Ludwig? A. Q. Yes. Okay. And so, when -- when Carrie Neighbors or

Yellow House got those checks back from the bank, they would have seen that the bank had the driver's license number or some other identifying information as to Mr. Ludwig, and they would have seen that he had also provided what looks like a thumb print. with that? A. Q. Yes, they could have seen that. Okay. Now -- and that's true of -- I just didn't Would you agree

look through all of them, but I'll just do Nicolle Beach's, Exhibit 114, Check 13704, and it's the same sort of deal with her, isn't it; looks like her identifying information was blacked out and then there's a thumb print on that check? A. Q. Yes. Would you agree that that -- that almost all of

the checks that are in the exhibits wherein Yellow House wrote checks to people that are going to testify for the government, had identifying information on the front of the check? A. Q. Many of them did, yes. Now, you don't know whether that was put there by

Yellow House or by the bank, right?

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A. Q.

I do not. Okay. And then again, when Yellow House got that

back, they would have seen that -- been able to see that information? A. Q. They would have been able to see it, yes. Okay. Now, if I could summarize the -- the Yellow House got property in,

electronic testimony.

wrote a check for it and then placed it on eBay, sold it and then got paid through PayPal. Would that be a --

would that be a relatively accurate summary of how it worked? A. Yes, they could have been paid by PayPal or -- or

another form, but typically through PayPal, yes. Q. Okay. And because that electronic zap went from

Kansas to California and back, that's what creates the interstate nexus, correct? A. Q. Yes. Okay. And that's basically what most of the

documents that you're -- that you're presenting were designed to show. A. Would you agree with that?

That, and just a record of the activity in the

account, yes. Q. Okay. Now, on the eBay account, I noticed -- and

the PayPal account, I noticed that the Neighbors used their accurate home address, correct?

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A. Q.

Yes. And their accurate store address for both the

store in Lawrence and Topeka? A. Q. there. Yes. And they also used -- there were phone numbers on And did you check to see if those are valid

phone numbers? A. Yes. I'd have to go back through other records

to determine which ones were which, but yes, some of those phone numbers we did determine were belonging to them. Q. Okay. Now, when you sent the -- I don't know if

you did, but somebody sent a search warrant out to the eBay people, once they got notification that -- that there was something that was being investigated by the police as to eBay and PayPal, they shut the accounts down for Yellow House, didn't they? A. EBay made that decision. It wasn't at the

request of law enforcement. Q. No, I wasn't suggesting it was. I mean, but they

made that -- they made that decision after they found out that law enforcement was interested in the account? A. Q. Yes, at some point they did, yes. Okay. And that search warrant would have been

sent out approximately December of 2005?

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A.

Yes, it would have been sent out roughly about

the same time, if not the same day that the search warrants on the business and the house were executed. Q. Okay. So, you indicated in your testimony that

the eBay and PayPal had shut down the Yellow House accounts, their eBay and PayPal accounts, is that correct? A. Q. Yes, it was them that shut it down, yes. And that would have been -- it looks like it was

around the first of the year in 2006? A. I don't remember exactly when, but roughly about

that time-frame, yes. Q. Okay. And then right after that, they had to

start using Mike Coffman's Flatlander account, is that correct? A. Q. In about March of 2006, yes. Okay. And you were aware that Mike Coffman was

regularly around the store at -- at Yellow House and was friends with the Neighbors? A. Umm, in March 2006, I don't know that we knew

that, but at some point thereafter, yes. Q. Okay. And you even questioned Mr. Coffman about

why he let them use his account, correct? A. Q. Yes. Okay. Now, eBay has this -- this thing that's a

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policy that says don't use us to sell stolen property, basically. I'm paraphrasing a little bit. Would you

agree with that? A. Q. Yes. And they do that because they have no way of

knowing when their stuff's running through their accounts whether or not it's stolen. with that? A. Q. Yes. And they're doing that basically to let everybody Would you agree

know that they don't want to participate in criminal activity? A. Q. Yes. Thank you. No further questions. Redirect? Just a few questions. Your

THE COURT: MS. PARKER: Honor.

RE-DIRECT EXAMINATION BY MS. PARKER: Q. Mr. Duma asked you about the -- some of the

checks to Mr. Ludwig, and he displayed one, and I, to be quite honest, can't remember which one it was, but I'm going to put another one up there. 1311. A. Do you see that? Yes. This is Check Number

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Q.

And this is a check in the amount of $220 for De

Walt shelf -- or stuff -- or anyway, De Walt is what? A. Q. A. De Walt is a tool. And De Walt is a high end tool company, right? Yes, it can be, depending on which De Walt was

purchased. Q. All right. And this check has some information

that appears to have been a driver's license number. Well, you know, you blacked it out so that we wouldn't compromise anybody's personal information, correct? A. Q. Correct. All right. But it had a driver's license number

on there, correct? A. Q. Yes. All right. But there's no indication that Carrie

Neighbors or anybody working for Carrie Neighbors put that on there, is there? A. Q. No, there's not. But this check then going to a bank to be cashed,

having a driver's license number on it wouldn't much inform the teller or whoever cashed that check about the activity that caused this check to be written, correct? A. Q. No, the bank would not know that information. They just know that a check was written for $220

and this guy with a valid ID came in and cashed it?

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A. Q.

Correct. Now, going to the next page, Check Number 1120.

Check Number 1311 is dated what? A. Q. April 15th, 2004. Then we have the next check, Check Number 1120.

What's the date on that? A. Q. A. Q. A. Q. April 16th, 2004. All right. Tool set. Again, check written out to Jim Ludwig? Yes. All right. And a teller cashing that check in And what's that for?

that form wouldn't know necessarily that Mr. Ludwig had cashed a check the day before for tools, would he? A. Q. Not necessarily, no. So, this wouldn't put anybody on notice of any

wrongdoing unless you had everything altogether at one time, correct? A. Q. Correct. Another check, on April the 16th, Check Number

1320 -- 1334, for $520 for tool items, again, to Jim Ludwig? A. Q. Yes. This check wouldn't put anybody on notice of

anything, would it?

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A. Q.

No. Other than the person who wrote the check and the

person who got the check? A. Q. Correct. 417, the next day, we have Check Number 282, all

these signed by Carrie Neighbors, correct? A. Q. A. Q. Yes. $380, for tools to Jim Ludwig, correct? Yes. All right. Person cashing this check without the

checks that went previous, there would be nothing about this that would raise anybody's suspicions, would there? A. Q. No. But if you look at the summary of these checks,

somebody keeping a checking account who would be getting all these checks back in one place could easily go down those memo sections and see, my God, James Ludwig is bringing me hundreds of dollars worth of tool sets a month, couldn't they? MR. DUMA: Your Honor, I'm going to object.

This is a leading question and argumentative, closing argument. THE COURT: BY MS. PARKER: Q. You were also asked about the eBay records. Do Sustained.

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you remember? A. Q. Yes. And that you know eBay keeps these records, and

you know they try to root out the people who are selling stolen items on their system, remember? A. Q. Yes. And the information in Government's Exhibit 111

is essentially the information that is contained in the eBay records, is reported to eBay, right? A. Q. Yes. And in that disk, think it was Exhibit 109, did

you see any column on the eBay records that said Yellow House got this item from Jim Ludwig? A. Q. No. So, there's no way to look at the -- at the eBay

records and tell the source of the item that's being sold, correct? A. Q. A. Q. That's correct. But the checks do tell that? The checks do, yes. Thank you. No further questions. Any re-cross? No, thank you. If there's nothing else of this

THE COURT: MR. DUMA: THE COURT:

witness, at this time, you can step down, please.

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Return to your seat. MS. PARKER: next witness? THE COURT: We'll go ahead and take our Thank you for asking. Would you like us to call our

morning recess at this time.

Jury members, we'll go ahead and take our morning recess. Please remember the admonition, which the court

has referred you to before, which is that during the -the day, we take our recesses, court will remind you that no one's to talk to you about the case. If they

do, please let us know, and that even among yourselves, you cannot talk about the case. 15 minutes. Thank you. (10:30 AM, jury left.) THE COURT: MS. PARKER: Court stands in recess. Your Honor, before we do that, I think Take a recess, about

the government would like to invoke the rule.

we neglected to do that before we started, but we would like to invoke the rule. THE COURT: At this time, for the record,

the government has invoked the rule regarding the -regarding the presence of anyone in the courtroom that may be called as a witness in this case. If in fact

there is a potential witness in the courtroom, they need to leave the courtroom during the presentation of the

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evidence.

There are witness waiting rooms outside, or I'll ask counsel's help in doing They're

they can wait outside. that for the court.

These are open courtrooms.

open to the public, so people can come in and see, unless it's a potential witness, and if that's the situation, counsel, you need to let those potential witnesses know they need to wait outside the courtroom during the evidence. Thank you. Proceedings

(Whereupon court took a recess. then continued as follows: and jury returned.) THE COURT:

10:53 AM, court

Hopefully, with our time that

we're here, we'll get more used to our seating here. It's a little tricky, and there's a number of you there, but thank you for your cooperation with the court. Continuing where we left off, Miss Parker, if you're ready to proceed. MS. PARKER: We are, Your Honor. As its

next witness, the United States would call Jason Steffen. THE COURT: Before you take your seat, need

for you to raise your right hand. THE WITNESS: THE COURT: as you get in there. I do. Please take your seat. Careful

If you would, as you give your

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answers to the questions you're asked, please speak up loud and clear and speak into the microphone. start with you stating your name. THE WITNESS: THE COURT: THE WITNESS: THE COURT: THE WITNESS: F E N. THE COURT: MS. PARKER: Thank you. Miss Parker. Name is Jason Steffen. Please spell your name. First name? Complete name. J A S O N. Last name S T E F Have you

Thank you, Your Honor.

JASON STEFFEN, Called as a witness on behalf of the government, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MS. PARKER: Q. A. Q. Mr. Steffen, where are you employed? Target Corporation. All right. That's the Target, the retailer that

sells everything under the sun? A. Q. A. Q. A. Yes. Yep. How long have you been with Target?

All right. 10 years.

I want to -- what is your current job title? I'm a regional manager for Target asset

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protection which is their security division. Q. And as the regional manager, are you also the

custodian of the records for Target? A. Q. Yes. All right. In 2004 and 2005, were you in the

same position you're in today? A. 2005. Q. All right. And how -- what is Target No, I was actually in Target investigations in

investigations? A. Target investigations is in charge of the safety,

security of most -- of all theft and fraud operations within Target. Q. All right. Were you assigned to a particular

store or a particular region in 2004 through 2006? A. Yep, my area was the Kansas City market, which

included Topeka and Lawrence. Q. Okay. And can you just briefly describe the

fraud protection efforts that Target undertakes? A. We have store based resources, so we have a

security division within each store, and then what I did is, a lot of retailers, the crime -- you know, once it occurs in the store, the store based resources will take care of that, but if for some reason it leaves the store, Target investigations will follow up, partner

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with law enforcement, and -- and go outside the four walls of Target to resolve different types of retail crime. Q. Target? A. Yeah, the reason why we have these divisions, All right. And is fraud loss a problem for

it's significant losses, theft of fraud alone count for about $250 million in loss a year. We stop in upwards

of 60,000 shoplifters and probably 5,000 employees stealing a year. Q. All right. And has that been a pretty steady

number since 2004? A. Steady numbers, that's usually pretty typical of

a steady year all the way back to that time. Q. And you said that your fraud investigations unit

and your protection unit partners up with law enforcement. A. Yep. How do you do that? You know, we can't close these cases So, what we

without great law enforcement partnership.

try to do is get as much intelligence as we can, figure out who our shoplifters are or where the crimes are taking place, and then taking that information to law enforcement, and then we provide a lot of resources to help resolve these type crimes to ensure a deterrent. Q. All right. Are you -- have you participated in

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or are you aware of an investigation that arose at the Target store in Lawrence, Kansas in late October of 2005, specifically the theft of vacuum cleaners? A. Q. Yes. All right. And in the course of your employment,

have you become familiar with the contents of the Target's file on that instance? A. Q. Yes. All right. And what do you know about when the

first theft was? A. The first theft occurred September 28th in 2005

of Dyson vacuum cleaners. Q. How did you first -- and when I'm saying you now,

I mean Target, how did Target fraud protection become aware that Dyson vacuum cleaners were being shoplifted from the store? A. We have pretty stringent requirements and

counting every single day what we consider high theft merchandise within buildings, and Dyson vacuums at that time were going between 550 to $600 per vacuum, and created a large demand as far as people stealing these type of merchandise. So, we counted that product every

single day, and how we came about noticing that we were missing vacuums is during these counts. Q. All right. And what was the first date you just

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testified to where you had a count that was short? A. Q. The first discrepancy was September 28th. All right. I'm going to show you what's been

marked Government's Exhibit 12.3 and ask you, can you identify that document? A. Q. A. Yes. What is that? That is a picture of at that time Nicolle Beach

pushing out Dyson vacuums from Target. MS. PARKER: Your Honor, at this time

government offers Exhibit 12.3. THE COURT: MR. DUMA: THE COURT: Exhibit 12.3. BY MS. PARKER: Q. Now, Exhibit 12.3 has two screen shots there, Any objection? No objection. At this time the court admits

correct? A. Q. Yes. All right. And looking first at the top one, you

say that that's a picture of who? A. Nicolle Beach, the top picture is actually the

entry photo coming into the store without any product. Q. All right. And that has the date 9/28 of 2005

and the time of 1:17.36 PM, correct?

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A. Q. A.

That's correct. How did that information get on that photograph? That is actually -- our Target security system

actually imprints that time and date at the time that photograph is taken from the system. Q. All right. So, this photograph was taken on 9/28

at 1:17 PM? A. Q. That is correct. Now, did anyone know when Miss Beach walked in

the store on 9/28 that she was someone they needed to watch? A. Q. No, just a typical guest. All right. And the second photograph there on

Exhibit 12.3, what does that show? A. That is actually an exit photo showing Nicolle

exiting with a Dyson vacuum cleaner. Q. And which -- there are two ladies in that Which one is Nicolle Beach?

photograph. A.

She would be the one in front of the Dyson there,

on the left. Q. A. Q. The one in the white? Yes. All right. And you say the one in the Dyson. Do

you recognize that box as being a Dyson vacuum cleaner box?

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A. Q.

I do. Okay. It's not real apparent to somebody who

doesn't know a Dyson vacuum box, but you recognize that? A. Q. Yeah. Did you -- did Target pull this photograph -- or

these photographs there on 9/28 when they realized a Dyson was missing? A. The photographs were actually researched on when Those photographs were

they found counts were missing. taken I believe on the 30th.

The research was done on

the 30th going back to the 28th and realizing that we had missed Dyson's during that time. Q. So, when you say the photograph was taken on the

30th, you mean it was found? A. It was found. These photographs were stored in

the system as they happened, yes. Q. And were there any other days when the inventory

showed that there were other high end Dyson vacuum cleaners missing from your inventory? A. Yep, we were missing vacuums from the 28th, 29th

and 30th. Q. All right. Show you what's been marked Do you recognize that?

Government's Exhibit 229. A. Q. I do. What is that?

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A.

Another -- just like we saw last time, Nicolle

Beach entering the store on the second, and then the below picture is her leaving with a Dyson. Q. All right. MS. PARKER: Government's Exhibit 229. THE COURT: MR. DUMA: THE COURT: Exhibit Number 229. BY MS. PARKER: Q. All right. Let's go back to the top picture. On Any objection? No objections. At this time court admits United States would offer

this exhibit, Exhibit 229, that is who? A. Q. Nicolle Beach. All right. And how do you know that these are

photographs of Nicolle Beach? A. Evidence throughout those counts showing those

missing Dyson's, we could flag that merchandise and tie it back to that person exiting at that time. Q. And then the second picture here is again the

lady in the white blouse pushing the cart out the door? A. Q. A. Q. Yep. And what's that big thing in her cart? A Dyson vacuum. At some point in time, was Nicolle Beach

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apprehended at your store with a Dyson that she hadn't paid for? A. Q. A. Q. Yes. When did that happen? I believe that happened on 10/3/2005. So, it would be the day after, she has rolled out

another Dyson on 10/2? A. Q. Exactly. Okay. And when she was arrested, where was she;

in the store, in the parking lot? A. Typically, what you see in these pictures, she

was arrested as she was exiting the store with the product. Q. And when she was detained by your security folks,

did she have more than one Dyson vacuum cleaner in her possession? A. Q. A. Yes. Where was the other one? The other one was found in her vehicle from a

previous theft. Q. All right. And were you able to identify that as

one that had been stolen from Target? A. Q. A. Yes. How? Each one of our -- our vacuums actually have a

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label that's put on 'em that will show what store it was actually shipped to with our identification labels within every package. Q. And if the vacuum cleaner in the box is recovered

with that label on it -A. Q. Yes. -- could law enforcement or could Target loss

prevention identify that it belonged to Target? A. Yep, we actually have an inventory system where

all we'd have to do is scan that label, and then show exactly what store we would have that vacuum in, and then whether or not it was stolen or purchased. Q. Now, after loss prevention detained Nicolle

Beach, did you -- did your loss prevention officers engage in some other investigative activities? A. Yes, during that time, we trained our security

folks to ask a lot of questions, especially when we have a trend of the same product over and over again, usually there's more that -- to that store, so they're trained to ask more questions on, if this isn't personal use, where is it going. Q. All right. And was Miss Beach questioned by your

loss prevention people? A. Q. Yes, she was. All right. And in -- as a result of that, did

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you get some information that you turned over to the Lawrence Police Department? A. Q. Yes. All right. Let me show you what's marked as

Government's Exhibit 224, and ask you to identify that please? A. Okay. This is actually a record of eBay history

that was discovered by Target. Q. A. Q. I'm sorry, by who? By Target. All right. Was this in relation to the theft of

the Dyson vacuum cleaners? A. It was. Part of my job in investigations at that

time, when we get information or we get trends on high theft merchandise that are leaving our buildings, what we would do is investigate and do a search with eBay, and at that time I could take like items like Dyson vacuums or KitchenAid mixers, put them into eBay, do a search around our stores and figure out which eBay sellers were selling those like items. Q. A. And how did you know to go to look on eBay? At that time in 2005 -- and the reason why Target

investigations was created was more of an organized element, so it wasn't our typical shoplifter. It was

the places that could be buying stolen property or

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selling it on what we call e-fences or internet areas where they could get rid of this product. Q. And these are two eBay seller locations where you

identified property consistent with losses to Target that was being sold? A. Yep, found two sites, Yellowhair Bargains, which

we're looking at, and then I believe the other one was Bargain Guy, and both of those sites were selling Dyson vacuums and KitchenAid mixers. MS. PARKER: Your Honor, at this time the

government would offer Exhibits -- Exhibit 222 -- I'm sorry, 224. THE COURT: MR. DUMA: THE COURT: Exhibit 224. BY MS. PARKER: Q. All right. I'm going to put up Exhibit 224 here, Do you see there where it Any objection? No objections. At this time the court admits

and I'm on the first page. says member profile? A. Q. A. Q. Yes. All right.

And whose profile is that?

Yellowhair Bargains. All right. And was that the first time you had

-- or Target had had any associat-- known about

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Yellowhair Bargains? A. Q. This was the first time. And you say that items were being sold on this

web site that were consistent with items that were being stolen from Target? A. Q. Yep. All right. Can you -- I'm going to go now to the

fourth page of that exhibit, and at the top, it says 1 of 4. A. Q. Do you see that? That's correct. And it says the Yellow House bargain shop,

correct? A. Q. Yes. All right. Now, are any of the items that are

depicted on this page items that were shoplifted or stolen from Target? A. Yeah, one of the items that sticks out is the

KitchenAid mixer. Q. A. All right. And that's -- that was typical of what we were

seeing that not only Dyson's but KitchenAid mixers were going out the door as well. Q. A. Q. All right. Anything else on that page?

Umm, not on this page, no. All right. Then we go to the next page. We've

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got work pants and electric toothbrushes and hair straightening thing? A. Items that were flagged with Target were

specifically the Sonicare toothbrushes or the Oral B toothbrushes, the expensive hair straighteners, but those are typical Target items that we'd search at that time. Q. page? A. Q. A. The next page there, was there anything on this We have jeans and a Kirby vacuum? Yep, the calculators, the T I 84 calculators. That's the one down here at the bottom? Yep, there's one in the middle and one at the

bottom, and then there is an Oral B toothbrush at the top. Q. A. Q. A. Q. Okay. We may be on a --

Oh, am I on a different page? I'm on a page marked 3 of 4. Oh, apologize. All right. And if I've missed something on Page

2 of 4, we can go back. A. No, I think 3 of 4, if you -- at the top there,

is there -Q. A. Q. There's the elk skin work gloves? Is that 2 of 4? You're on 2 of 4 now. It's up at the top.

I'm on Page 2 of 4.

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A.

Okay.

Yeah, 2 of 4, that's the Sonicare

toothbrushes. Q. So, you found those on this Yellowhair --

Yellowhair? A. Yes, those are the items that flagged on this

particular site. Q. All right. And then on the -- this one is for

Bargain Guy 44? A. Q. Yes. Correct? All right. And were you familiar with

Bargain Guy 44 before this? A. Q. No, I was not. All right. Now, in this -- on this exhibit, are

there any items that were items that were typically being stolen from Target? A. Q. A. Q. A. Q. bike? A. Yep, on the first page. Okay. Let me go Is that in that same packet or -It should be in the back, yes. Okay. Oh, there we go.

Did you find it? Yep. We have on the first page is a men's mountain

through.

So, things -- items were -- that Target would

search for would be like the Kodak Easy Share Picture

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Viewer digital camera, digital camera Optimus. Q. A. Q. Okay. Yep. All right. Now, after you obtained this This item?

information from the eBay web site, what did you do with it? A. So, what we do once we obtain this information

from eBay is Target has some great partnerships within eBay. At that time, once we flag these eBay accounts,

where we have the ability to get that information and see exactly what business or what person is running those accounts. Q. And then did you pass this information onto the

Lawrence Police Department? A. Yes, at that time, I personally took the

information we had, the theft intelligence, the information from the actual shoplifter, and what we had found on eBay, directing us to a business within Lawrence. At that time, I approached the Lawrence

Police Department and asked for that partnership to explore this further. Q. And did you offer to assist them in any way

beyond just giving them the information you all ready had? A. Exactly. Target does a nice job by providing our

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full resources and providing product, whatever they need to provide to investigate these types of crimes. Q. All right. And did you provide product to the

Lawrence Police Department for their investigation of the Yellow House Store? A. Q. Store? A. No, it was not on our radar until this case Yes, we did. Did you specifically target the Yellow House

initiated. Q. have. A. One second. Thank you. I did misspeak on one thing. I think I said one I think that's all the questions I

of the thefts was on the 30th.

It's the 28th, 29th, 2nd

and the 3rd, so, I realized that earlier. Q. Looking at the photograph on October the 2nd

refreshed your recollection? A. Q. Yes, I apologize for that. But there were four thefts between September 28th

and then 10/3? A. Q. Exactly. And the one on 10/3 was the occasion where Miss

Beach was actually apprehended at the store with the vacuum cleaner? A. That is correct.

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Q.

Thank you. THE COURT: MR. DUMA: THE COURT: Any re-- any cross-examination? No. Thank you, Your Honor.

If there's nothing else of this

witness, was the witness subpoenaed to testify? MS. PARKER: THE COURT: He was. Are you asking that he be

released from his subpoena? MS. PARKER: THE COURT: MR. DUMA: THE COURT: Yes, Your Honor. Any objection? No objection. At this time, sir, you are You are excused. You're

released from your subpoena. 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: THE COURT: THE WITNESS: MS. PARKER: All right. Thank you. Thanks. Your Honor, as its next

witness, the government will call Nicolle Beach. THE COURT: Come right up here please.

Before you take your seat, I need for you to raise your right hand. (Witness sworn.)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 your name. down there.

THE WITNESS: THE COURT:

Yes. Please be careful as you sit

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: THE COURT: Okay. Have you start with you stating

THE WITNESS: THE COURT:

Nicolle Beach. You might need to get a little

bit closer to the microphone, or that microphone also -stand moves forward. There you go. Nicolle Beach. Please spell your full name. N I C O L L E. Thank you. B E A C H.

THE WITNESS: THE COURT: THE WITNESS: THE COURT: MS. PARKER:

Miss Parker.

Thank you, Your Honor.

NICOLLE BEACH, Called as a witness on behalf of the government, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MS. PARKER: Q. Umm, Miss Beach, you are here because you've been

subpoenaed, correct? A. Yes.

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Q.

All right.

And are you familiar with a business

in Lawrence, Kansas called Yellow House Store? A. Q. store? A. Q. A. Q. A. Q. A. Q. I took stuff in there that they bought. They bought? That Carrie Neighbors had bought from me. Do you know Carrie Neighbors when you see her? Yes. Do you see her in the courtroom today? Yes. Would you point her out please and describe for Yes. All right. And how are you familiar with that

the record what she's wearing? A. She's sitting right over there with a brown pin

striped jacket on. Q. A. Q. All right. Yes. Okay. When did you first become aware of the The lady smiling at you?

Yellow House? A. Q. House? A. I had a friend that had taken an item in there, September of '05. All right. And how did you find out about Yellow

and he told me that she buys things.

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MR. DUMA:

Judge, I'm going to object to That's hearsay.

anything that a friend told her. THE COURT: BY MS. PARKER: Q. House? A. Q. Yes. All right. All right. Sustained.

But a friend told you about Yellow

And did you begin to take items to

sell to Yellow House? A. Q. House? A. Q. It was easy money at the time. All right. And where were you getting the items Yes, I did. All right. And why did you take items to Yellow

you were selling? A. From a friend of mine, Greg, he would get them

and give them to me. Q. A. Q. A. All right. What's Greg's last name?

I don't remember. Okay. How were you making a living at that time?

I wasn't working, so whenever I would take an

item in there from him, I would get $100 from each sale. Q. A. Q. He was paying you to take items in there? Yes. And when we say in there, it's into Yellow House,

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correct? A. Q. Yes, ma'am. All right. Now, at that time, you all ready had

a criminal record, did you not? A. Q. Yes. All right. Isn't true that in February -- on

February 28th of 2001, you were convicted of the misdemeanor of giving a worthless check in Franklin County, Kansas? A. Q. Yes. And that on July the 10th of 2000, you were

convicted of felony theft in Franklin County, Kansas? A. Q. Yes. And on the same date, July the 10th of 2000, you

were also convicted of possessing a forgery device? A. Q. A. Q. Yes. All right. Yes, ma'am. And on December the 16th of 2004, you were That again was in Franklin County?

convicted of the misdemeanor of theft in Ottawa, Kansas? A. Q. Yes. And on October 25th of 2005, you were convicted

again of misdemeanor theft in Ottawa? A. Q. Yes. And October the 25th of 2005 is about the time

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you had your first contact with Yellow House? A. Q. A. Q. When was it? October 25th of 2005? Yes. All right. And then on January 13th of 2006, you

were convicted in Douglas County of the misdemeanor offense of theft? A. Q. Yes. All right. And then finally, on January 13th of

2006, were you convicted of the felony offense of removing a theft detection device? A. Q. A. Q. Yes, ma'am. And that was in Douglas County? Yes. And did that felony conviction arise from your

theft of items at Target? A. Q. Yes. So, by the time you made your first contact with

Carrie Neighbors at the Yellow House, you all ready had an extensive criminal record? A. Q. A. Q. A. Yes. Were you sent to jail on any of those? Yes, I was. All right. How -- do you remember which ones?

The misdemeanor or the felony forgery charge, I

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had served two weeks for that. Q. A. Q. A. Q. A. Two weeks? Yes. 14 days? Yes. Any other? Umm, I had -- was on probation for that. I had a

probation violation where I had to serve weekends, and then it was reinstated. Q. And in September of 2005, what was your means of You said you got $100 every time you sold Did you have any other

support?

something at the Yellow House. means of support? A. Q. No, ma'am. All right.

When your friend gave you items to

take to Yellow House, describe the types of items he gave you. A. Q. A. Q. They were mostly brand new in the box computers. Computers? Yes. I'm going to hand you what's all ready been Now, you

admitted as Government's Exhibit Number 114.

were shown that before you came in today, right? A. Q. Yes. All right. And I'm going -- I want you to go to

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the very first page of that document which is a little summary. A. Q. A. Q. You see that?

Yes, ma'am. And that's up on the screen? Yes. All right. Now, these are items that you sold to

Yellow House, correct, on the dates that are depicted over there in the date column? A. Q. Yes. All right. And this shows that the first time

you got a check from the Yellow House was on September the 6th, and it was made out to you, and it was for an e-machine. A. Q. Yes. All right. And that e-machine, you were paid Do you see that?

$300 for, correct? A. Q. A. Q. Yes. What's an e-machine? A computer. All right. And was that a new in the box

machine? A. I believe that one was my personal computer I had

in my home. Q. A. All right. No. So, was it new?

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Q.

All right.

The next one is on September the 10th

and it shows that you were paid $250 for a computer. A. Q. A. Q. A. Q. A. Q. Yes. Where did you get that computer? From Greg. From Greg? Yes. And that was a new in the box computer? Yes. Where did you -- where did Greg get the

computers? A. I don't know. MR. DUMA: Judge, I'm going to object to

that as lack of foundation. THE COURT: BY MS. PARKER: Q. A. box. Q. A. Q. A. Q. All right. Describe the computer. Sustained.

I just remember it being brand new still in the I don't remember the type of computer it was. All right. Yes. All right. And how did you split the money? And you were paid $250 for it?

I got $100 and he got the rest of it. And let me show you the check for that. Do you

see that check on 9/10 of '05?

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A. Q. A. Q.

Yes. Check Number 13628, correct? Yes. All right. Now, there's a -- some information Do you know what

that was blacked out on that. information that was there? A. Q.

My driver's license number. All right. And did Carrie Neighbors put that

driver's license number on your -- that check? A. Q. A. Q. A. Q. No, ma'am. How did that get there? The bank. The bank did that? Yes. All right. And did Carrie Neighbors ever ask you

for any identification? A. Q. No. All right. We'll go back to that summary page.

And here, the next one is September the 12th, a DVD/VCR player? A. Q. A. Q. A. Yes. All right. And where did you get that?

That was mine. All right. Yes. Was that used?

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Q. A. Q.

All right. Yes.

And you got $125 for it?

And the next one on September 17th was a Would you tell us where you got that?

computer. A. Q. A. Q.

From Greg also. All right. And what condition was that in?

It was a brand new still in the box. Did you ever ask Greg, Greg, where are you

getting these brand new expensive computers? A. Q. A. No. Why not? Because it was easier for me just to take them,

because if I had asked any questions, there's a chance that he wouldn't have had me take 'em and I wouldn't make any money. Q. So, you were afraid if you'd press him too hard,

he wouldn't sell -- he wouldn't let you get the money? A. Q. A. Q. Yeah. Yes.

Is that because you assumed they were stolen? Yes. The next one is again on 9/17, and that shows Is that -- are there

that you took in a DVD, C O M P. two items there? A. Q.

It was probably a DVD plus a computer. All right. And what condition were those items

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in? A. Q. A. Q. A. Q. Brand new still in the box. All right. Yes. Where did you get 'em? Greg. The next one on September the 19th says a Compaq Where did you get that? Both of 'em?

computer. A. Q. A. Q.

From Greg also. All right. What condition was that in?

It was still brand new in the box. All right. And you sold each and every one of

these items which you've just talked about, but especially all of these computers to Carrie Neighbors? A. Q. A. Q. A. Q. Yes. She the only one you ever dealt with? Yes. All right. No. Did she ever ask you -- I think I've asked you Did she ever ask you any questions?

this, but did she ever ask you for identification? A. Q. A. Q. No. Did she ever ask you to prove you owned them? No. Then we have two items of miscellaneous -- two

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miscellaneous items. A. Q. comp. A. Q. A. Q. A. Q.

Do you know what those were?

I honestly don't remember what those are. All right. What's that? That's another computer. What condition was that in? Brand new still in the box. All right. Yes. All right. Then we have another on 9/27, And Carrie Neighbors bought that? Then we have on September 26th an H P

miscellaneous? A. Q. A. Q. about? A. Q. A Dyson vacuum. A Dyson vacuum cleaner. And where did you get I don't remember what that one is. 9/28, it says sweeper. Yes. And when we say sweeper, what are we talking Did you take a sweeper?

that Dyson vacuum cleaner? A. Q. A. Q. The Target in Lawrence. The Target store in Lawrence? Yes. All right. Let me show you what's been received Who's that in that

as Government's Exhibit 12.3. picture?

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A. Q. A. Q.

Me. Both of these pictures are pictures of you? Yes, ma'am. All right. And in the second picture, there is Is that someone who was with you or

someone with you.

did you just happen to be walking out together? A. I think we just walked out together. I don't

recall who that is. Q. All right. Can you tell the court and jury

please how you got an item the size of a Dyson vacuum cleaner out of Target without paying for it? A. Umm, the only thing I can remember is I would

walk in, walk back to where the vacuums are, stick one in the cart, walk around the store, walk back up to the front, make sure there was nobody looking, and just walk out the front door. Q. A. Q. Nobody ever stopped you? No. All right. If -- what did you do with the vacuum

cleaner that you took that day? A. Umm, I take 'em over to Carrie Neighbors at

Yellow House. Q. All right. When you walked in with that Dyson

vacuum cleaner, tell us about your conversation as best you can remember.

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A.

Umm, I walked in, told her that I had the vacuum. I would tell

She asked me how much I wanted for it. her, and she would write a check for it. Q.

What did you tell her you wanted for that vacuum

cleaner? A. Q. again. Umm, I believe that one was $300. All right. Well, here. Put our summary back up

And we're talking here now about this first

entry that says sweeper? A. Q. A. Q. Yes. And that does show a price of $300, right? Yes, ma'am. Let me show you -- I think I skipped over this -Do you recognize any of

Government's Exhibit 11.1.

those checks, starting with the one on top? A. Q. The top one is mine. All right. MS. PARKER: Your Honor, at this time

government would offer Ex-- Government's Exhibit 11.1. THE COURT: MR. DUMA: THE COURT: Exhibit 11.1. BY MS. PARKER: Q. All right. And Miss Beach, would you take a look Any objection? No objections. At this time the court admits

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at this?

This is a check in the amount of $415 that's

dated 9/19 of '05, correct? A. Q. Yes, ma'am. All right. And that check shows that it's for

the Compaq computer? A. Q. A. Q. A. Q. Yes. All right. Yes. Was that a particularly expensive model? Umm, as far as I can remember, yes, it was. All right. Do you know how the price of $475 was And is that just one computer?

arrived at?

Did you say, I have to have that money, or

how -- how was that price determined? A. Umm, I would bring the item in, she would get on

line on the computer that she had on the counter, look up how much it was worth, I guess, I never saw the computer, and then she would just write down the price for me. Q. She would tell you after she checked the computer

what she was willing to pay you? A. Q. Yes. All right. And when we say she, are we talking

about Carrie Neighbors? A. Q. Yes, ma'am. When you went in to Yellow House, was there ever

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anyone else in there? A. Q. Not that I remember, no. All right. Do you ever remember dealing with

anybody else but Carrie Neighbors? A. Q. No, ma'am. All right. So, after she checked the computer,

she then offered you $475 for the brand new in the box computer? A. Q. A. Q. Yes. And you took it, and she wrote this check? Yes. Then you went back in and you bought -- she

bought a vacuum from you? A. Q. Yes. All right. And that was on the 28th of

September? A. Q. Yes, ma'am. All right. Show you Government's Exhibit 12.1.

Do you recognize that? A. Q. A. Q. A. Q. Yes. What is that? That's a check for $300. All right. Yes, ma'am. All right. Dated 9/28 of '05?

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MS. PARKER: Exhibit 12.1. THE COURT: MR. DUMA: THE COURT: Exhibit 12.1. BY MS. PARKER: Q. All right.

Government offers Government's

Any objection? No objections. At this time the court admits

And I'm going to put 12.1 up there on

the overhead, and it shows that this check dated 9/28 of '05 is for $300 and it's for a sweeper? A. Q. Yes. All right. And do you recognize the signature on

that check? A. Q. That's Carrie's signature. And you saw her sign these checks when she'd give

them to you? A. Q. Yes. Did you have any discussion with Carrie Neighbors

about where you got the vacuum cleaner? A. Q. A. Q. A. Q. No, she never asked. Now, did you go back to Target after 9/28? Yes, I did. When? Umm, probably the next day. All right. And what did you do the next day when

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you were -- that would have been the 29th -A. Q. back? A. I went back to Target. Since the first time was Yes. -- of September? What did you do when you went

so easy, I went back in and I got another sweeper and a mixer. Q. A. Q. A. Q. And a mixer? Yes. What kind of a mixer? A KitchenAid, I do believe. All right. And what did you do with this -- what

kind of a vacuum was it, another Dyson? A. Q. Another Dyson. All right. Was it the same model or about the

same model, if you remember it? A. Q. A. Q. A. I believe that one was about the same model. All right. Yes. How did you get both of those items out? The same way I did the first one, just walk And you got a KitchenAid mixer?

around the store, go up to the front, make sure there wasn't a whole bunch of people looking and just walk right out the front door. Q. And what did you do with the mixer and the vacuum

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cleaner that day? A. Q. I took them both to Carrie Neighbors. All right. And going back to Government's

Exhibit 114, that shows that on 9/29, she bought a sweeper and a mixer from you? A. Q. A. Q. you? A. The same way she did the previous one, she would Yes. All right. Yes. How did she arrive at the prices that she paid And she paid $400?

get on the computer. Q. All right. Going to show you what's been marked Can you identify that

Government's Exhibit 13.1. please? A. Q. A. Q. A. Yes, ma'am. What is it? It's a check to me. All right. Yes. MS. PARKER: offers Exhibit 13.1. THE COURT: MR. DUMA: THE COURT:

And that was a check dated 9/29?

Your Honor, the government

Any objection? No objections. At this time the court admits

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Exhibit Number 13.1. BY MS. PARKER: Q. Going to put that up there. Do you see Check

Number 12952 in the amount of $400? A. Q. A. Q. Yes, ma'am. And it says sweeper, mixer on it? Yes. All right. That's the check she gave you for the

two items you had just stolen that day from Target? A. Q. Yes. And from the time you walked out of the Target

store until the time you walked out of the Yellow House with the check in your hand, how much time passed? A. Q. A. Q. Maybe 30 minutes. Did you go back to Target after the 29th? Yes. All right. Let me show you Government's

Exhibit 229. A. Q. A. Q. A. Q. day?

Do you see that top picture there?

Yes, ma'am. And who is that? That would be me. All right. And what was the date on this one?

Umm, October 2nd, 2005. All right. And did you go back to Target that

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A. Q. A. Q. A. Q. A. Q. A.

Yes. Did you take anything? Yes. What did you take? Another Dyson vacuum. What did you with that vacuum? Left it in the trunk of the car. Why? Umm, I honestly don't remember why, I just left

it in the trunk. Q. A. Q. A. Q. A. Q. A. Q. Did you go back to Target on 10/3? Yes. Did you steal another Dyson? Tried to. What happened? I got stopped at the door on my way out. What did you have in your cart at that time? A Dyson vacuum. Did the security people at Target confiscate

those two vacuum cleaners? A. Q. Yes. So, you didn't get a chance to take them to

Carrie Neighbors? A. Q. No. All right. Were you arrested at that time?

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A. Q.

Yes. And then eventually you pled guilty, you've all

ready testified, to removing -A. Q. Yes. -- a label. All right. So, you were prosecuted

for stealing the Dyson vacuum cleaners? A. Q. Yes, ma'am. Now, this was on October the 3rd of 2005 that you

were arrested, correct? A. Q. Yes. All right. Back to Government's Exhibit 114,

this indicates that on 10/14, less than two weeks later, you are back at Yellow House selling something? A. Q. A. welder. Q. All right. And who did you make contact with on Yes. What were you selling? It was my boyfriend at the time. It was his

the 14th of October? A. Q. Carrie Neighbors. All right. And did you and Carrie Neighbors have

any discussion about the Dyson vacuum cleaners? A. She had mentioned that the police were there,

they took the two Dyson vacuums that I had taken to her and told her that they were stolen.

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Q.

All right.

Did she tell you how it was they

happened to be able to confiscate them? A. them. Q. All right. Did she say anything else, they were That they were sitting out where they could see

sitting out so I had to give them back or -MR. DUMA: Judge, I'm going to object to

that as a leading question. THE COURT: BY MS. PARKER: Q. What did she say about those two -- the police Sustained.

getting the two Dyson vacuums? A. She said the police came in and told her that the

two vacuums were stolen, and since they were sitting out, she had to give them back to them. Q. All right. Did she talk about the mixer you had

sold to her? A. Q. A. Yes. What did she say about that? She said that she had all ready sold it, so they

didn't get that back. Q. All right. Did she tell you that she had

identified you to the police? A. Q. No. Did she refuse to deal with you after --

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A. Q.

No, ma'am. -- that conversation? She went ahead and bought

a welder? A. Q. A. Q. Yes. The welder was used, correct? Yes. All right. Did you ever go back to the Yellow

House after October the 14th of 2005? A. Q. today? A. I take care of my mother. I'm a certified No. All right. And how are you making a living

nurse's aid. Q. A. Q. All right. No. I have been reminded. Greg was giving you those And are you still shoplifting?

Compaq -- who -- the man who was giving you the Compaq computers was named Greg? A. Q. Yes. All right. During this period of time, what else

was he doing? A. Q. A. years. Yes.

Were you -- was he your drug supplier?

Tell the jury about your drug habit. I had been hooked on meth for probably about six

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Q.

All right.

And so, in order to get money for

meth, you would take the Compaq or the -- all the new computers that Greg gave you and sell them at Yellow House? A. Q. Yes, ma'am. And then what did you do with the $100 you got

for the -- from those sales? A. I would buy a little bit of food for my daughter

and the rest would go on the drugs. Q. A. Q. A. Q. All right. No. How did you get off of it? My mother. Let me show you what has been marked as And are you still using meth today?

Government's Exhibit 223.1 and ask you to look at the check on the top. A. Q. A. Yes, ma'am. What is that? It's a check to me for the welder. MS. PARKER: Your Honor, at this time the Do you recognize that?

government offers Government's Exhibit 223. THE COURT: MR. DUMA: THE COURT: Any objection? No objections. At this time the court admits

223, which you've identified as .1.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. DUMA: Q.

MS. PARKER: THE COURT: BY MS. PARKER: Q.

Yes, it should be 223.1. 223.1.

And this is the check that Carrie Neighbors gave

you for what? A. Q. A. Q. The welder. All right. Yes, ma'am. All right. Did -- when you went back in again And that's the top check here?

and she told you that the police had been there and had confiscated the two Dyson vacuum cleaners, what did she tell you about never coming back to her store again? A. Q. A. Q. A. She never said anything to that matter. But you never went back? No. Why not? I had had enough. I had gotten arrested for It's just not for me.

theft, and I was done. Q. Thank you.

I have no further questions. Cross-examination? Yes, Your Honor.

THE COURT: MR. DUMA:

CROSS EXAMINATION

Miss Beach, when the police came to question you

about selling stolen property to Carrie Neighbors, they

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made it clear to you that if you talked to them, they would not charge you with the crimes of selling the stolen property to Carrie Neighbors, is that true? A. Q. A. Q. No. That's not true? No. They didn't tell you that you were not being

questioned as a suspect and they just wanted you as a witness? A. When I was in jail, they come and questioned me

about it and told me that I would be a witness in the case, but never that they would not prosecute me for it. Q. Okay. They didn't -- they didn't say to you that

they weren't interested in you as a suspect? A. Q. No. Okay. Oh, yeah. So, they told you that they were

interested in you as a witness but not as a suspect in the case, correct? A. Q. Right. Which would indicate to you that they didn't want

to charge you with the stuff that you were going to talk to them about. A. Q. Yes. Okay. Because you didn't -- at the time, you Would you agree with that?

were a meth addict and you were a professional thief,

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you weren't cooperating with them because you were a good citizen, right? A. Q. No. You were cooperating with them so you could stay Would you agree with that?

out of trouble. A. Q.

I was all ready in trouble, so -Well, you were trying to stay out of more Would you agree with that?

trouble. A. Q.

Yes. Thank you. Now, the -- do you ever remember

telling Carrie Neighbors that you bought some of this stuff that you sold her on a credit card that your mother had given you? A. Q. A. Q. No. Is that possible that happened? No. Okay. Did your mother ever give you a credit

card to purchase stuff? A. Q. No. Okay. Did you ever purchase stuff on a credit

card and then sell it to Yellow House? A. Q. A. Q. No. It was just always stolen stuff? Yes. Okay. Do you remember if the second computer you

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sold to Carrie Neighbors from Wal-Mart still had the receipt on it? A. Q. A. From where? From Wal-Mart. I don't recall there being a receipt from

Wal-Mart on it. Q. A. Q. Could there have been one on there? I honestly don't remember. Okay. My question is, could there have been a

receipt on there? MS. PARKER: speculation. MR. DUMA: If she doesn't remember, then the Objection, that calls for

answer to the question is yes, there could have been a receipt on there. MS. PARKER: If she doesn't remember, there

is no need for a follow-up question. THE COURT: Question's been asked all ready.

I'll allow this last question to be re-asked if you wanted to re-ask it on cross-examination. MR. DUMA: BY MR. DUMA: Q. Do you remember or not -- could there have been a Thank you.

receipt on the -- well, the computer that you sold to Miss Neighbors, the one that was new in the box?

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A. not. Q. A.

Like I said, I don't remember if there was or

Okay.

So, the answer is there could have been? I don't remember if

No, that's not the answer.

there was a receipt on it. Q. Okay. Now, before you came in to testify today,

did you meet with the government and the agents and kind of go over your testimony? A. Q. Yes. And they went over with you kind of what they

were going to ask you and what you were supposed to respond to? A. They went over with me what they were going to

ask me, but they never told me what to say. Q. I wasn't -- I wasn't saying that, but they --

you -- you rehearsed with them what you were going to say when they asked you the questions, correct? A. Q. In a way, I guess. Yeah. In a way, that's exactly what happened,

correct? A. Q. Yes. Now, let's go to your boyfriend's welder. When

you came in that day, Miss Neighbors said, hey, the cops have been in here, I'm not buying that welder from you, didn't she?

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A. Q.

No. And didn't she -- and you -- and you started

begging her and saying, hey, this is not mine, it's my boyfriend's, 'cause your boyfriend was with you at that time? A. Q. I never begged her to buy it. Well, you told her it was your boyfriend's, it's

not mine, so he didn't -- he hasn't been accused of stealing anything, isn't that true? A. No, I told her he didn't have an ID, so she would

have to sell it to -- I would have to sell it to her in my name. Q. A. Q. Did you tell her it was his welder? Yes, 'cause it was. Okay. And that he hadn't been charged or -- or

accused of anything, had he? A. Q. No. And that's the reason that Miss Welders -- or

Miss Neighbors bought it because it was his and not yours. A. Would you agree with that? No, because if she didn't want to buy it from me,

then she would have told me no. Q. Well, but you told her it wasn't yours. You told

her it was your boyfriend's? A. But he was standing right there with me.

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Q. A. Q.

Correct? She made the check out to me not him. Because you showed her an identification,

correct? A. Q. No, she never asked for my identification. Well, you just said she wouldn't write the check

out to him because he didn't have an ID? A. Q. True. So, she wrote the check out to you because you

did show her an ID, isn't that true? A. No, I'd never showed her an ID. I'd been in

there multiple times. Q. All right. But then you showed the bank the ID

when you cashed those checks, correct? A. Q. Yes. All right. And the welder was an entirely It was a -- it was

different sale than everything else.

a used -- obviously, used, secondhand, junkie welder as opposed to the other stuff that you'd brought into the store. A. Q. Would you agree with that? Yes. Thank you. No further questions. Any redirect? Just very brief.

THE COURT: MS. PARKER:

RE-DIRECT EXAMINATION

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BY MS. PARKER: Q. You were asked if your testimony was rehearsed Remember that?

before you came in. A. Q. A. Q. Yes.

You met with the agents, correct? Yes. You reviewed the reports of interview about your

prior reports to the police, correct? A. Q. A. Q. A. Q. Yes. Did anyone tell you what to say? No, ma'am. Did anyone tell you how to answer questions? No. Have you been told that the only way you can get

into trouble is not to tell the truth? A. Q. A. Q. truth? A. Q. Yes. All right. So, is your testimony here today your No. All right. Yes. You could get in trouble if you don't tell the But do you understand that?

recollections or something the agents told you to say? A. Q. It is mine. You were asked about a Wal-Mart receipt. Do you

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ever remember selling anything to Carrie Neighbors that had a receipt on it? A. Q. No, I do not. All right. Umm, your boyfriend's welder. You

were asked if the check was made out to you because you showed Carrie Neighbors ID? A. Q. Yes. Would you tell us again why it was that you asked

Carrie to put the check in your name? A. I did. Q. All right. He didn't have an ID that the bank 'Cause he didn't have an ID to cash the check and

would honor to cash the check? A. Q. Right. All right. But again, you walked in with another

item with your boyfriend in tow this time? A. Q. Yes. And had a discussion about the police

confiscating the vacuums, correct? A. Q. Yes. And she still bought that welder and put your

name on the check? A. Q. Yes, she did. Thank you. Nothing further. Any re-cross?

THE COURT:

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MR. DUMA: THE COURT:

No, Your Honor. If there's nothing else of the

witness, did you mention that she was subpoenaed to testify? MS. PARKER: THE COURT: She has been, Your Honor. Are you asking that she be

released from her subpoena? MS. PARKER: THE COURT: MR. DUMA: THE COURT: We are. Any objection from defendant? No objection. At this time you are released You're

from your subpoena, which means you are excused. 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: THE COURT: THE WITNESS: MS. PARKER: Yes, sir. Thank you. Thank you. We have another fairly short

THE COURT: with that please.

We'll go ahead and get going

Before you take your seat, I need for

you to raise your right hand. (Witness sworn.) THE WITNESS: I do.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 C I A. Garcia.

THE COURT: as you get in there.

Please take your seat.

Careful

If you would, as you give your

answers to the questions you're asked, please speak into the microphone, and you can move that microphone down a little bit if you want. your name. THE WITNESS: My name is Peter Anthony Have you start with you stating

THE COURT: THE WITNESS:

Please spell your name. My last name is spelled G A R

THE COURT: MS. PARKER:

Thank you. Thank you.

Miss Parker.

PETER ANTHONY GARCIA, Called as a witness on behalf of the government, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MS. PARKER: Q. A. Kansas. Q. A. Q. And how long with the city of Lawrence, Kansas? 29 years. All right. Were you employed in that capacity on Sir, where are you employed? I'm a police officer for the city of Lawrence,

October the 3rd of 2005?

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A. Q. A. Q.

Yes, I was. What were your duties at that time? I was assigned to patrol district. And did that patrol district include the area

near the Target store in Lawrence? A. Q. day? A. I responded to assist Officer Myron Grady who was Yes, it did. And were you dispatched to the Target store that

dispatched. Q. All right. And when you got there, did you make

contact with anyone? A. Q. A. Yes, I did. Who was that? I made contact with Target store security and a

suspect of a shoplifting. Q. All right. Do you remember the name of the

shoplifting suspect? A. Q. Her last name was Beach. It was Nicolle Beach.

And when you made contact with Miss Beach, were

you able to recover any items? A. Q. A. Q. Yes, I did. What did you recover? Recovered a Dyson vacuum cleaner. Where was it?

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A. Q.

It was in the trunk of her vehicle. I'm going to show you Government's Exhibit 11.5

and 11.6 and ask you if you can identify those? A. Q. A. Yes, I can. What are they? They're photographs of the back of her Pontiac

Grand Am, and the other photo is the vacuum cleaner inside the trunk of the vehicle. MS. PARKER: Your Honor, at this time the

government offers Government's Exhibit 11.5 and Government's Exhibit 11.6. THE COURT: MR. DUMA: THE COURT: Exhibits 11.5 and 11.6. BY MS. PARKER: Q. I'm going to put on the overhead Government's Would you explain to the jury what this Any objection? No objections. At this time the court admits

Exhibit 11.5.

is a photograph of? A. This is a photograph of the back of Nicolle The trunk is open and the vacuum cleaner

Beach's car.

box is in the trunk there. Q. And then Government's Exhibit 11.6, is that just

a closer picture of the vacuum cleaner in the back of that car?

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A. Q.

Yes, it is. Now, after you took the pictures -- well, first

of all, what happened to this vacuum cleaner? A. Q. A. Q. A. It was returned to the Target store. And then did you go anyplace else? Yes, I did. Where did you go? Myself and Officer Grady later on went to the

Yellow House Store at 1904 Massachusetts in Lawrence. Q. A. Why did you go there? Miss Beach had indicated to us that she had sold

several other items to that business, so we went there to recover the items. Q. When you got to the Yellow House Store -- now

this is again on the same day, October the 3rd, correct? A. Q. Yes, it is. All right. And when you got there, did you make

contact with somebody? A. Q. A. Q. Yes, we did. Who was that? Carrie Neighbors, the owner of the business. All right. Was anyone else in the store at that

time that you recall? A. Q. Yes, there was. Do you remember who that was?

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A.

It was an employee of the business.

I don't

recall her name. the counter. Q. All right.

It was an older lady that was behind

And did you have a conversation with

Carrie Neighbors? A. Q. Yes, I did. All right. What was that conversation? What did

you say to her? A. We asked her if she recalled purchasing a couple

Dyson vacuum cleaners from an individual. Q. A. Q. A. Q. A. Did you give her the name of the individual? No. All right. What did she say?

She said yes, she did. All right. And then what happened? She asked if the items

We had a conversation.

were stolen, and then she was able -Q. Did she ask you if the items were stolen or did

she say she asked the seller? A. Q. A. Q. A. Q. No, she asked us if the items were stolen. All right. And -What did you tell her? Yes, we indicated that they were. All right. And then what happened?

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A.

We indicated what items we were looking for,

asked her if she could tell us who purchased those items, and she went to a computer that was behind the counter, looked up something -- we couldn't see the screen -- and she indicated that the items were still at the store, and she went to a -- like a back storage area and came out with vacuum cleaners. Q. items? A. Q. A. Q. A. Q. Yes, we did. What did you ask her about? Asked her about a food processor. KitchenAid? KitchenAid, yes. And how -- what caused you to ask about a It's a -All right. Did you ask her about any other

KitchenAid? A. Because Miss Beach had indicated during the

interview that she had also shoplifted that item from Target and had sold the item to Yellow House. Q. Okay. And were you able to recover the mixer,

the KitchenAid? A. No, Miss Neighbors indicated that that item had It was no longer in the store.

all ready been sold. Q. All right.

And you were out there on October

the 3rd?

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A. Q.

Yes, ma'am. Did you have any further discussion with

Mrs. Neighbors at that time? A. Q. No. Okay. I have no further questions. THE COURT: MR. DUMA: Cross-examination? Thank you. Thank you.

CROSS EXAMINATION BY MR. DUMA: Q. Officer Garcia, do you have your reports of this

incident with you by any chance? A. Q. Yes, I do. Okay. When you first talked to Nicolle Beach, at

some point in time, you asked her if the people at Yellow House knew if the property was stolen, and she said that she did not know. MS. PARKER: MR. DUMA: Would you agree with that? Hearsay.

Objection.

Judge, Miss Beach just testified,

and I asked her about these very specific questions. This is for impeachment purposes. MS. PARKER: I don't believe there were any

questions specifically about anything that she told to Mrs. Neighbors about it being stolen. MR. DUMA: Clearly, the implication of the

government was that Miss Beach was trying to imply that

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Miss Neighbors knew the property was stolen or the government wouldn't have put her on the stand. impeachment. MS. PARKER: THE COURT: May we approach? Come up. This is

(Proceedings held at the bench, outside the hearing of open court.) MS. PARKER: Your Honor, the government This clearly

objects to the form of this question.

calls for a hearsay answer, and it is not -- it's not impeaching anything because he never specifically confronted Miss Beach about, isn't it true you told them X. Now -- but of course, the government -- all of the

witnesses that we intend to call are witnesses who hopefully the implication will be when their testimony is complete that Miss Neighbors did know, but that is not the same, an implication as a direct question that is then subject to hearsay impeachment, and that was not asked this time. MR. DUMA: I totally disagree. Government

can't force me into cross-examination in such a narrow limiting event. I'm asking him if he -- if she asked if

the -- if she knew the property was stolen, if anybody at the Yellow House knew the property was stolen. answer is going to be no. The clear gist of her Her

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testimony was that she was selling her brand new items, all these things that would indicate the property was stolen. This doesn't have to be as narrow as the

prosecutor is trying to make it to keep out the bad evidence of that. THE COURT: MS. PARKER: THE COURT: Anything else? No. Regards to the objection, the

objection was made when counsel asked -- when Mr. Duma asked, when you first talked to Nicolle Beach, at some point in time, you asked her if the people at Yellow House knew if the property was stolen, and she said that she did not know. Would you agree with that? That's

the time the objection was made.

In regards to the

objection, the objection's been made on the basis of hearsay. I've heard Mr. Duma indicate that he believes

this is actually being offered for impeachment purposes, and as such, he should be allowed to pursue this line of questioning. Upon review and also consideration of

Nicolle Beach's testimony who just previously testified, court would first of all find it is hearsay. on the witness stand now. She's not

Would this still be allowed If it's actually for

in under one of the exceptions?

impeachment purposes, something inconsistent with her prior testimony, court would be inclined to let it in.

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Upon the court's recollection and review of her testimony, she was not asked this specific question. in fact there is an implication or inference in this line of questioning, that component, that implication component, has not had a sufficient foundation laid at this time. Nothing precludes counsel from making If

argument regarding what he believes to be implications or inferences, but at this point, upon review, the hearsay objection is sustained. MR. DUMA: Thank you, Your Honor.

(Proceedings continued in open court.) BY MR. DUMA: Q. Now, when you talked to Carrie Neighbors, she

told you that -- the first thing she said was the property's not stolen, right? A. Q. No, that's not what she said. Okay. I'm reading from your report and it says

you asked her if she remembered purchasing the two Dyson vacuums, and she immediately without prompting said, she told me they are clean. in your report? A. Q. things? A. Yes. That's Officer Grady's report. And do you remember saying -- her saying those Are they stolen? You see that

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Q.

Okay.

So, the first thing Miss Neighbors told Are

you was that Nicolle Beach told me they were clean. they really stolen? A. Correct?

If I could look at my report, I don't know if

that's exactly what -- what she said -- or look at Officer Grady's. Q. Please feel free to look exactly at your report. Did she say something

Well, let me ask it this way. that was like that? A. Q. Yes. Okay.

Which would indicate that Nicolle Beach

had told her the property was not stolen, and then she asked you, it wasn't stolen. statement? A. Q. No. Okay. Well, when Miss Neighbors said, she told Would you agree with that

me they are clean, what did you -- what did you take that to mean? A. I think Miss Neighbors asked if they were stolen.

I don't think she indicated that Miss Beach told her they were not stolen. Q. A. Q. Okay. Okay. Do you remember Miss Neighbors saying something Would you look at your report please?

to you like she told me they were clean?

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A. Q.

The report indicates, yes, that's what she said. Okay. All right. Which would mean that Miss

Neighbors said -- was telling you that Nicolle Beach told me the property was clean, correct? A. Q. That's what she indicated, yes. Okay. And then it also indicates in the report

that Miss Neighbors cooperated, and she actually went to her computer and gave you the name of Nicolle Beach, correct? A. Q. That's correct. Now, you hadn't told her who -- that -- that

Nicolle Beach was a suspect in the case, had you? A. Q. No, we had not. Okay. So, Miss Neighbors is the one that gave

you the name of Nicolle Beach? A. Q. That is correct. Now, do you remember where in the store the

vacuum cleaners were that Miss Neighbors went and recovered for you? A. They were in a little storage room -- I've never

been in it, so I'm assuming it's a storage room, and I'm assuming it's little by the size of the store. It's

behind the counter and to the right, against the south wall. Q. Okay. So, from where you were standing and

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talking to her, it's not something that you could have seen. That's something that Miss Neighbors had to go

back and get the property and bring it back out to you? A. Q. That's correct. All right. And then Miss Neighbors told you,

yes, I also had the mixer, but it all ready got sold? A. We asked her about the mixer, and she said it was

not there, it had been sold. Q. Okay. No further questions. THE COURT: MS. PARKER: THE COURT: Any redirect? No, Your Honor. In regards to this witness, was Thank you.

he subpoenaed to testify? MS. PARKER: he was. He was -- no, I don't believe Yes, we have served him

Was he subpoenaed?

with a subpoena. THE COURT: Are you asking that he be

released from his subpoena? MS. PARKER: THE COURT: Yes. Any objection from defendant

releasing the witness from his subpoena? MR. DUMA: THE COURT: No. No objection, Your Honor.

At this time, sir, you are You are excused. You're

released from your subpoena. free to go.

The only thing that I'll ask is that you

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not discuss your testimony, what you've said in here, with anyone else as you leave. THE WITNESS: THE COURT: Yes, sir. Thank you. In light of our

time, we'll go ahead, jury members, and take our noon recess. 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. If we could have

everybody back about 1, 1:05, close to that, so we can get started again. Thank you.

(12:01 PM, jury left.) THE COURT: you. (Whereupon court took a recess. then continued as follows: and jury returned.) THE COURT: afternoon session. Getting ready to start our Proceedings Court stands in recess. Thank

1:20 PM, court

One of the things I didn't mention

is as you've been doing throughout the trial, throughout our proceedings, please be alert, please be attentive to everything that's being presented to you. The afternoon

session, hopefully everybody had a lunch, but not too heavy of a lunch. Getting ready for our afternoon, and

again, as you've been doing throughout the trial, please be alert, please be attentive. We'll continue with the

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presentation of the evidence from the government. Miss Parker. Mr. Oakley. MR. OAKLEY: calls Timothy Coulter. THE COURT: Before you take your seat, I Your Honor, the United States

need for you to raise your right hand. THE WITNESS: THE COURT: as you get in there. I do. Please take your seat. Careful

If you would, as you give your

answers to the questions you're asked, if you'll please speak up loud and clear and speak into the microphone. THE WITNESS: THE COURT: your name. THE WITNESS: THE COURT: THE WITNESS: THE COURT: Timothy J Coulter. Please spell your name. C O U L T E R. Mr. Oakley. Okay. Have you start with you stating

TIMOTHY J COULTER, Called as a witness on behalf of the government, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MR. OAKLEY: Q. A. Sir, where do you live? Topeka.

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Q. A. Q. A.

And what's your occupation? I own and operate the Vac Shop. And what's the Vac Shop do? I sell new, used vacuums, I repair vacuums, I

install central vacuum systems in homes. Q. So, you live in Topeka. Is your business located

in Topeka as well? A. Q. A. Q. A. Q. A. It is. It is.

And how long have you owned the Vac Shop? Oh, since about June of '95. How many employees do you have at the Vac Shop? None. I am the only one.

Does anyone else help you out occasionally? Every now and then, my dad will come in and watch

the shop if I can't be there. Q. A. Q. But otherwise, it's just you? Right. I'd like to talk to you about the end of Around that time-frame, did you

September of 2005.

learn that some vacuum cleaners had been stolen from your shop? A. Q. I did. And would you explain to the jury how you came to

learn that some of your vacuums had been stolen? A. Friday afternoon, I was trying to get ready to

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leave for the weekend, taking trash out, that sort of thing, and I had two new vacuums in boxes stacked beside the door, I had two that were assembled standing beside the boxes, and in my haste in and out, didn't realize when I came back from the taking the trash out that they were all gone. The next day was Saturday. My dad

watched the shop for me.

I had something I had needed I came

to do that day, so he watched the shop for me.

back in on Monday, and then I realized there was quite an open space there by the door. So, I called my dad

and asked him, I said, hey, you had a pretty good Saturday, and he said, I didn't sell anything, and I said, well, there's four vacuums missing, and -Q. What -- I'm sorry, sir, once you noticed that the

vacuums were missing, what did you do? A. Well, I'm kind of a pawn shopper, so I called all

-- every pawn shop in town since I know most of the owners, and gave them the description of the vacuums and serial numbers on two of 'em, and said that -- keep an eye out for 'em 'cause I imagine they might be coming -coming to you, and if they do, buy 'em, you know, I'll pay you to buy 'em back. I said, but that way, you're

going to have identification on somebody that tries to sell you something. Q. And so, that didn't pan out.

Let me stop you there.

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A. Q.

Okay. Why did you think that they would have

identification on someone who tried to sell the item at the pawn shop? A. Anytime -- anytime a pawn shop buys something

from somebody, especially something like that of any value, they ask for identification. Q. A. How do you know that? Picture ID, because I know the guys at the pawn

shop and they -- they have told me that, that they have to have picture ID to buy something. Q. guy? A. Q. A. Q. Yeah. Have you sold stuff to pawn shops? No, I just buy stuff. Okay. So, you contacted all the pawn shops and You said initially, you're kind of a pawn shop

let them know that if vacuums came in -A. Right, called the police, made a police report

first, then I called the pawn shop. Q. Do you remember what day it was that you noticed

-- you said it was a Monday? A. Q. A. It was a Monday. Do you remember what day in September that was? Oh, whatever, no, I don't, not off the top of my

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head, I don't. Q. Would looking at the police report help you

refresh your recollection as far as the date? A. Depending on which -- which -- well, yeah, let me

see the -Q. We'll have you look at that. Let me know if that

does refresh your recollection as far as the date. A. Date, date, date, date, date. I would imagine it

probably was.

I really couldn't say for sure that that

was the actual date. Q. A. Q. A. Q. A. Okay. There's a date on that report?

Yeah, 9/26. September 26th? Uh-huh. Okay. Yeah, it was, because 9/23 was the date, yeah,

that I advised that -- the date -- that's when they were missing, so yeah. Q. A. Q. A. Q. A. Q. So, 9/23 would have been Friday? Yes. And then you noticed it on Monday which was -Right. -- the 26th? Right. And made a report that day?

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A. Q.

Correct. After contacting the police and after calling the

local pawn shops in Topeka, what did you do? A. Q. Waited. I mean, nothing really much I could do.

At some point, did you get the items to look --

identify to look on the internet? A. Yeah, the following Friday after stewing all week

about my -- my loss was gone, my daughter came into the shop, and she said, like dummy, dad, they're on eBay, you know, okay. Q. Did she know that because she had seen them or

she just believed -A. No. No, she just -- that was just what she said. (Whereupon the court reporter admonished counsel and the witness to speak one at a time.) A. I mean, she just knew that they were just -- I Dad, they're on eBay,

don't know, instinct, I guess.

you know, duh, and she got on the internet within -literally within three minutes, says, right here they are, and she was right, they were there. they were. Q. How did you know that the vacuums that your That's where

daughter found on eBay were the ones that came from your shop? A. For sure, I didn't. But it was pretty obvious

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that I was missing those same vacuums, and on eBay, that gives you a distance from your location of 10 miles, and I thought, huh, that's pretty close, pretty ironic they show up on eBay 10 miles from my location and I'm missing 'em, you know. Q. Let me talk to you a little bit about these

vacuums. A. Q. A. Okay. What kind of vacuum cleaners were these? They were two Riccar's. One was a 1700 canister,

the other was a 1500 canister, which is the upper end. There's a 1700 and then the mid-grade is the 1500 canister, and the other two were upright Royal's, both of 'em commercial's. Q. Okay. Are these vacuums readily available at

retailers like Wal-Mart or Target? A. Q. A. shop. No, no, they're vacuum shop only. What does that mean? It means that a lot -- that's like a specialty I specialize in vacuums -- vacuum cleaners, and They

that's -- that's where the manufacturers cater to.

won't sell to Wal-Mart or Target or -- or KMart, places like that. Q. Topeka? So, there's not a lot of those vacuums in -- in

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A. Q.

No. Okay.

Other than what comes out of my shop, no. You said that you found them on eBay. I'm

going to hand you what's been marked as Government's Exhibit 10.5-A. A. Q. A. Do you recognize that?

Well, yeah. What is that? That's -- that's just the ad for the -- the sale

ad for the -- for the 1700 actually is what it is. Q. A. Q. A. And that's -- that's the eBay ad? Yes. For the vacuum? That's the eBay listing. If you were to print

this off of an eBay screen, this is what you'd get, and that's what this is. Q. When you found -- found the vacuums on eBay, did

you print the screen? A. Q. Yes, I did. Going to hand what you's been marked as 10.6-B.

Do you recognize that? A. That's the 1500 Riccar, yes. That's the smaller

of the two. Q. And finally, I'm going to hand you what's been Do you recognize

marked as Government's Exhibit 10.7-C. that? A. Yes, I do.

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Q. A.

And what is that? That's the -- the smaller of the two Royal

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

would offer Government's Exhibits 10.5-A, 10.6-B, and 10.7-C. THE COURT: MR. DUMA: THE COURT: Any objection? No objection. At this time court does admit

10.5-A, 10.6-B, and 10.7-C. BY MR. OAKLEY: Q. Sir, let me direct your attention to 10.5-A. You said this

I'll put a copy of that up on the screen.

was one of the vacuums that you believed to have been stolen from your business? A. Q. A. Q. Yes, it was. And it was a Riccar, you said a 1700? Yes. You described that as being the nicer of the

Riccar's? A. That -- at that point in time, that was the top

of the line for the canister vacuums. Q. Do you know about what the retail value was of

that vacuum? A. Yeah, 1199.

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Q. A. Q. shop? A. Q.

1199? $1,199, yeah. And that's what you sold it for new out of your

Yes, I had, yes. And the listing indicates Riccar 1700 full size

vacuum canister, full size canister vacuum, 1199? A. Q. A. Q. A. Q. Yes. Value. Yes. And it indicates that it was new? Yes. The -- the vacuum that was stolen from your shop

was new? A. Q. Still in the box, yes, hadn't even been opened. And the seller information is this was being sold

by Bargain Guy 44? A. Q. Yes. Let me direct your attention to 10.6-B. You

indicated this was one of the eBay listings, and this is for the Riccar R C 1500 P mid-size vacuum? A. Q. Yes, it was. And again, this was listed for sale by the same

person, Bargain Guy 44? A. Yes.

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Q.

What was the -- you said the 1700 was the nicer What was the value of the 1500?

of the two. A. Q.

I believe at the time it was 899. And that again is what you sold it for retail out

of your shop? A. Q. Yes. Let me hand you now what's been admitted as 17 -And you indicated that this was

or excuse me as 10.7-C.

the -- was a Royal commercial vacuum? A. Q. Yes. And this one -- actually says you won the item.

Did you or someone else actually place a bid on a vacuum that you believed to be yours? A. Q. A. My wife did, yes. Your wife did? Uh-huh. We -- we didn't want them getting out -We knew where they were.

getting out of town, you know.

We just didn't want 'em to get away, so we started bidding on 'em. Q. Okay. What was the retail value of the Royal

commercial vacuum? A. Q. Right at $600. And the listing for this item actually indicates

this $600 vacuum comes with a manual? A. Yes.

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Q. A. Q.

No attachments? Right. And so, that -- that advertisement of $600 was

pretty accurate? A. Q. Very accurate, yes. And it was your wife that actually bid and won

that item? A. Q. A. Q. A. Yes, it was. I believe you said the four vacuums were stolen? There were. And you found three on eBay? Yes. When we found the three on eBay, it was I mean, as a matter

getting toward the end of the week.

of fact, these sales, if you looked on the ending date of the sale is like a day away. So, we -- my wife real

quickly compiled a bunch of information, or like this right here, and we -- records were obtained. for the police department. We headed

It was on a Sunday evening,

and of course, there's not much going on at the police department at Topeka on a Sunday evening, so we got ahold of the officer on duty -- the officer in charge on duty, and he said, you have to come back at 7 o'clock in the morning when the detectives come on duty. So, we

came back 7 o'clock the next morning, and that's when we gave them all the information. They said, look, you

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really need to get on this, because today is the last day of the sale, and once it's up, this stuff is gone, it's boxed and ready to ship now, I guarantee you, and you need to get on this. By that time, we'd found out

who the guy was, where he was located, the name of his business, just from the eBay listing, and going back and tracking, there were links on his web site that you go back and where we got his name and even his phone number, and didn't want to contact him 'cause I'm not law enforcement. couldn't finish. police involved. I didn't want to start anything I And so, I thought, well, we'll get the That's when they went out and they

recovered these three, but there were still four. Q. Let me back you up a little bit. You said that

through the eBay listing, you're able to get on the internet and find out who you believed that it was? A. That was my wife's deal, she's the eBay and the I'm not. I -- I can barely navigate

internet person. eBay, but -Q. A.

She helped you do that? Yes, yes, she did all the compilation of all the

files and stuff; she did. Q. A. And who did you find out that the seller was? Well, the one thing -- well, it was Guy Neighbors

is who it was, was the name on the -- there was --

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everything linked back to a C J on line article, a newspaper article, and it gave the name of his business, his name, his wife's name, his phone number, his cell phone number, everything was there. And so, that's what

we gave the police, and that's how they contacted him. Q. You said that you learned that it was Guy You said you also found the name of a What was the name of the business that you're

Neighbors. business. able to -A. Q. A.

Yellow House Stores. Yellow House Stores? In Topeka. I didn't realize there was one in

Lawrence, but found out later there was, but the one in Topeka was the one I was dealing with. Q. You said there was also the name of his wife. Do

you remember what that name was? A. Oh, I want to say Carrie Neighbors. I don't know

if that's right or not. Q. A. And you said that there was a phone number? Yeah. I can't tell you the exact phone number,

but the prefix on the number is 766 and then four digits. Q. Okay. So, you said you went to the police on

Sunday, they told you to come back on Monday? A. Came back on Monday. On Monday afternoon, I had

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these three back. various stages.

They brought 'em back to me in But yeah, I had three of 'em back, and

they said the fourth one -- initially, they said that the -- that Neighbors had told him that no, he didn't have any of 'em, and they kept talking. yeah, I've got 'em. MR. DUMA: Judge, I'm going to object to He said, well,

that being non-responsive, that being hearsay. THE COURT: MR. DUMA: Sustained. And I ask the jury disregard that

any testimony that kind of came out inadvertently. THE COURT: Regards to that last response

from the witness, his answer contained testimony not called for by the question. So, in regards to that, the

court at this time is going to sustain the objection and direct the jury to disregard that last part of his testimony. Please continue.

BY MR. OAKLEY: Q. Don't tell us anything that the police told you,

but the police provided you with three of the four vacuums? A. Q. A. Q. Yes, they brought three back. Did you ever recover the fourth? Yeah, it came back. Before we talk about that, let me back up. We

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talked a little bit about the value and the types of -the Riccar and the Royal. A. Q. A. Yes. The fourth vacuum, what -- what brand was it? It was also a Royal commercial. It was the

larger of the two, had like an 18-inch cleaning path, with the other one is a 12-inch. little more money. Q. You said the other Royal was a value of $600. Do It's a little larger,

you know how much the -A. Q. About 700 on this one. You said that you were able to recover it. Tell

us how that happened. A. It just kind of came home on its own. I was out

in front of my -- standing in front of my shop talking to a customer, when -- well, I think it was the following Friday, and I see a truck driving through the parking lot that kind of caught my attention 'cause I had one looked very similar to it, and didn't pay much attention to it other than some lettering on the little sign on the door, and kind of blew it off, and -Q. Were you able -- let me stop you there. Were you

able to read the lettering on the door? A. Didn't. I'm generally more observant than that,

but didn't pay much attention to the sign on the door.

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Q.

You said that you recognized 'cause it looked What color was

similar to the one you used to have. this truck? A.

It was white over silver two-tone crew cab, white

super duty, I had a white over silver Ford super duty extended cab long bed, very similar trucks, and so, it kind of caught my attention, and it went around behind my shop, and didn't pay attention to it, didn't think twice about it. Pretty soon, it came back and pulled

out on Fairlawn and took off down the street, and my phone rang, and I thought, okay, somebody's calling, so, I was expecting a call, you have bags for my Kirby or something like that. Q. Again, let me stop you. Your phone rang. Was

this your personal phone or the business phone? A. Q. Shop phone. It was the business phone.

So, did you have to go back into the shop to

answer it? A. Yeah, went back in the shop, customer went ahead I

and left the door, I went ahead and shut the door.

went back and answered the phone, picked up the phone, and the voice on the other end said, uh, there's a package at your back door you need to go get. And it And

really caught me off guard 'cause an unusual call. I said what, and he said, there is a package at your

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back door, you need to go retrieve it, you need to pick it up and take it in your shop. Okay. I walk around

behind my -- and then I said, well, who is this, and he said, let's just say there's a God in this world after all, and hung up. Q. I thought, man, that was weird. You

Let me stop you before you get to go back.

said he. A. Q. A.

Did you recognize this to be a male voice?

Yes, yes, very definitely. Did you know who you were talking to? I had no idea. I didn't have a clue. Didn't

have a clue who I was talking to. Q. So, after you had this conversation that the

person told you there's something at your back step, did you go back there? A. Sure, I went back, and there was a box probably

18 inches, 20 inches square, and about that tall, real shoddily wrapped and taped up, and I brought it back into the shop and opened it up, and there was my other vacuum. Q. A. Q. That was the fourth one that had been stolen? That was the fourth one that had been stolen. You said that this phone call was made to your -You happen to have caller ID at

to your shop phone. your shop? A.

Yes, certainly do.

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Q.

Did you look at your caller ID after receiving

that phone call? A. Q. I did. Was there anything about the number that -- that

was familiar to you? A. Q. A. The 766 prefix on the phone number showed up. And how was that familiar to you? That was the same number that was in all -- in

the newspaper article about Yellow House Stores. Q. 766? A. I don't remember the numbers, but I just remember Do you remember the rest of the number other than

the prefix of 766 and area code 785 but -Q. A. Q. A. Did you take a photograph or anything of your -I did. I did.

-- caller ID? I got my digital camera out and took a picture of I thought that's pretty unusual.

Q.

Would looking at that photograph help you refresh

your recollection? A. Q. A. Q. Oh, yeah. As far as what the full phone number was? Oh, yeah. Going to hand you an item. Is that the

photograph that you took?

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A. Q.

That is it. And that would help you refresh your recollection

as far as the phone number? A. Q. It does. Okay. What was that phone number of the person

that called you? A. Q. A. Q. A. 766-6598, area code 785. 785 area code? Uh-huh. 785, is that the area code that includes Topeka? Yes. MR. OAKLEY: questions. THE COURT: MR. DUMA: Cross-examination. Thank you. Your Honor, I have no further

CROSS EXAMINATION BY MR. DUMA: Q. Mr. Coulter, when you went to the eBay listing

and saw your property there, it was pretty easy to trace that back to the Yellow House Store in Topeka and Guy Neighbors. A. Q. said -A. He -- phone number wasn't there. There were Would you agree with that?

Pretty easy, yeah. He put his phone number on there and I think you

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several links we had to go back through, and my wife could tell you about the links, but -- she's the expert on that, but -Q. All right. But -- but finding the name of the

Yellow House Store was relatively easy? A. For me, no. For my wife, yeah, and she didn't

have much trouble. Q. Okay. And then she didn't have much trouble on

finding the phone number, too, I think you said, right? A. Q. That was in the article. Okay. And then you got -- you got your three

vacuums back? A. Q. A. Q. Uh-huh. Correct? Yeah. All right. And then somebody came by and said --

and dropped off the other vacuum cleaner and said, there's a God in this world after all? A. Q. A. Q. Yeah. Kind of a good Samaritan act sort of thing? One would think, yeah. Yeah. And then when you traced the caller ID

back on the guy that told you to pick that up, then that number matched with Yellow House? A. Yes, it did. Well, matched with his cell phone

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number. Q. A. His cell phone number? The cell phone that was listed in the newspaper

article. Q. A. Q. For Guy Neighbors? Yes. So, you made the assumption that Guy, he gave the When he found the

first three back to the police.

fourth, he came and dropped it off at your back door, and said, here it is, there's a God in the world after all? A. Yeah, something like that. I think he was a

little reluctant, but yeah. Q. you. A. You bet. THE COURT: Any redirect? Sure. All right. No further questions. Thank

RE-DIRECT EXAMINATION BY MR. OAKLEY: Q. Sir, you said that you had seen the phone number

from an on line article from the Capitol Journal? A. Q. Yes. But you don't recall the phone number that was in As you sit here, did you memorize

the Capitol Journal? it?

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A.

No, I didn't memorize it, but I -- but I compared

the two -- the caller ID and the article in the newspaper and they were one and the same, so -Q. Okay. And would looking at a copy of the article

refresh your recollection as far as what phone number was contained in the article? A. Yeah. MR. DUMA: this. Your Honor, I would object to

I mean, not that it's that important, but he's

all ready said that he remembers the number, so he doesn't have to have his memory refreshed for something that he remembers. THE COURT: Come up please.

(Proceedings held at the bench, outside the hearing of open court.) MR. OAKLEY: I think he said that he does

not remember the phone number that was in the Capitol Journal. He just knew that it matched what was on the I

caller ID that he's used to refresh his recollection. have a copy of the article.

I was just going to show it

to him to refresh his recollection as far as what was in the Capitol Journal article. MR. DUMA: I think he testified that he put

the two side by side and said that that was one and the same.

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MR. OAKLEY:

At the time he did, but as he's

testifying here today, I think he said he does not remember exactly what the number was, just that it matched. THE COURT: MR. DUMA: THE COURT: Anything else? Nothing. Objection overruled.

(Proceedings continued in open court.) BY MR. OAKLEY: Q. Sir, would looking at a copy of that Capitol

Journal on line article refresh your recollection as far as the phone number? A. Q. Sure. Let me show it to you and direct your attention There, just read

to the second to the last paragraph.

that yourself and see if that refreshes your recollection please. A. Q. A. Yeah, it's the same that was on the caller ID. And could you read the number? 766-6598. MR. OAKLEY: Your Honor, I have no further

THE COURT: MR. DUMA: THE COURT:

Any re-cross? No, thank you, Your Honor. Was the witness subpoenaed to

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testify? MR. OAKLEY: THE COURT: Yes, Your Honor. Are you asking that he be

released from his subpoena? MR. OAKLEY: THE COURT: MR. DUMA: THE COURT: Yes, Your Honor. Any objection? No objection. At this time, sir, you are You are excused. You're

released from your subpoena. 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: THE COURT: THE WITNESS: THE COURT: there for the moment. MR. OAKLEY: calls Vicki Coulter. THE COURT: Before you sit down, I need for Your Honor, the United States Okay. Thank you. Thank you. You want --

I would just leave that right

you to raise your right hand. (Witness sworn.) THE WITNESS: THE COURT: as you get in there. Yes, sir. Please take your seat. Careful

If you would, as you give your

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answers to the questions you're asked, please speak up loud and clear and speak into the microphone. THE WITNESS: THE COURT: your name. THE WITNESS: THE COURT: THE WITNESS: THE COURT: Vicki Coulter. Please spell your name. V I C K I. Thank you. C O U L T E R. Mr. Oakley. Okay. Have you start with you stating

VICKI COULTER, Called as a witness on behalf of the government, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MR. OAKLEY: Q. A. Q. A. Q. A. Q. A. Q. Ma'am, where do you live? My address? What city and state? Topeka, Kansas. And how long have you lived there? 28 years. And how are you employed? I work for B&SF Railway. Do you know someone by the name of Timothy

Coulter? A. Yes, sir, that's my husband.

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Q. A. Q. A. Q.

And does your husband own a business? Yes, sir, he does. And what's the name of that business? The Vac Shop. I'd like to direct your attention to the end of Around that time, did you learn that

September, 2005.

some vacuums had been stolen from your husband's shop? A. Q. Yes, I did. And at some point, did you assist your husband in

attempting to locate those items on eBay? A. Q. Yes, sir. And at some point, did you find some vacuums

that -- that you and your husband Mr. Coulter believed were the vacuums that were stolen? A. Q. A. Q. A. Yes, sir. And did you attempt to buy any of those items? Yes, I did. And how many vacuums did you find on eBay? We found a total of three, but initially, two

were posted. Q. Did you actually win or have the highest bid for

one of those items? A. Q. Yes, sir, I did. And why were you helping your husband? Is there

anything that you have more knowledge of as it relates

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to computers that -A. I have an eBay account and I'm comfortable with

computers, yes. Q. Okay. And so, you agreed to help him and to use

your eBay account? A. Q. Yes, sir. You said that you won the vacuum or won one of

the vacuums? A. Q. A. Q. Yes, I did. And that means that you were the highest bidder? Yes, sir. Ma'am, I'm going to hand you what's been admitted Actually, Do

into evidence as Government's Exhibit 10.7-C. I'll show it to you.

It's right in front of you.

you recognize that item? A. Q. won? A. Q. Yes, it is. And again, this is Exhibit 10.7-C. Was this the Yes, sir. Is that the screen shot from the vacuum that you

notification that you received from eBay indicating that you'd won? A. Q. A. Yes. And did it also provide a method to pay? Yes.

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Q.

This document is one, two, three, four, five, six I wanted to direct your

pages contained in the exhibit. attention to the fifth page.

Was there a copy of an --

included in that is a copy of an e-mail that you received, is that correct? A. Q. Yes, sir. And did that give you information as far as where

to send payment? A. Q. Yes. Directing your attention to the middle of the

page, the e-mail that you received, did it indicate you could send payment along with a copy of the e-mail to Yellow House -A. Q. A. Q. A. Q. Yes. -- Stores, Incorporated? Yes, sir. And it gave you an address? Yes. The vacuums that were listed on eBay, were they

all new at the time that they were stolen? A. Q. Yes, sir. In reviewing the information that was listed on

eBay, did you ever find anything in the information that was obviously not true? A. Not to my knowledge.

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Q.

Let me -- do you still have -- do you still have

10.7-C in front of you? A. Q. Yes, sir. Okay. I'm going to show up on the screen the And included in that, was

second page of that exhibit.

there a description that the sellers had listed concerning the item? A. mean. Yes, sir. Umm, they -- I understand what you

I thought you were talking about the actual

description of the vacuum. Q. A. Oh, okay. When they said it was two months old and the

theft had occurred within a week prior to that. Q. A. So, it couldn't have been two months old? No, sir. MR. OAKLEY: Honor. THE COURT: MR. DUMA: Cross-examination? Thank you. No further questions, Your

CROSS EXAMINATION BY MR. DUMA: Q. Miss Coulter, on that Exhibit 10.7 where it says

that the item was two months old, you don't have any way of knowing where that information originally came from; would you agree with that?

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A. Q. A. Q.

You mean who filled in this info? Yes. Umm, no. Okay. I would assume it was the seller.

And you don't know where the seller might

have gotten that information? A. Q. No, sir. Okay. Thank you. THE COURT: MR. OAKLEY: THE COURT: testify? MR. OAKLEY: THE COURT: Yes, Your Honor. Are you asking that she be No further questions. Any redirect on that? No, Your Honor. Was the witness subpoenaed to

released from her subpoena? MR. OAKLEY: THE COURT: MR. DUMA: THE COURT: from your subpoena. go. Yes, Your Honor. Any objections? No objections. At this time you are released You're free to

You are excused.

The only thing that I'll ask is that you not

discuss your testimony, what you've said in here, with anyone else as you leave. THE WITNESS: THE COURT: MS. PARKER: Okay. Thank you. Your Honor, as its next

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witness, the government will call Travis Kaiser. THE COURT: Please come forward. Before you

take your seat, I need for you to raise your right hand. (Witness sworn.) THE WITNESS: THE COURT: Yes, I do. Careful as you sit down there.

If you would, as you give your answers to the questions you're asked, if you'll please speak up loud and clear, speak into the microphone. stating your name. THE WITNESS: THE COURT: Travis Kaiser. Mr. Kaiser, I'm going to ask if Have you start with you

you would please, if you could either lean more forward into the microphone, speak up a little bit, and you can lower that microphone a little bit. Thank you. Again,

if you'll please say your name for the record. THE WITNESS: THE COURT: THE WITNESS: S E R. THE COURT: MS. PARKER: Thank you. Miss Parker. Travis Kaiser. And also spell your full name. T R A V I S. Kaiser is K A I

Thank you, Your Honor.

TRAVIS KAISER, Called as a witness on behalf of the government, having been first duly sworn, testified as follows:

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MS. PARKER: Q. A. Q. A. Q. Topeka? A. Q.

DIRECT EXAMINATION

Mr. Kaiser, what city do you live in? Topeka, Kansas. Topeka, Kansas? Yes. All right. And how long have you been living in

For about five years now. All right. You're here today because you've been

subpoenaed to testify in this matter? A. Q. Yes, I have. Okay. And you have agreed to testify in this

matter, have you not, after you were assured by the government, by the agents who interviewed you, that your statements would not be used against you to prosecute you, correct? A. Q. A. Q. Yes. All right. No. Has any assistance been provided to you in Were any other promises made?

anything? A. Q. No. All right. Other than the agreement not to use

your statements against you?

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A. Q.

That's correct. All right. Now, isn't it true that on June

the 25th of 2001, you were convicted of the misdemeanor offense of theft in Topeka, Kansas? A. Q. Yes. All right. Is that the only conviction you've

had in the last 10 years? A. Q. Yes. All right. Now, I want to direct your attention

to the fall of 2005, and ask you if you were familiar at that time with a business establishment in Topeka, Kansas called the Yellow House? A. Q. House? A. Umm, I was looking for some appliances, and I Yes, I was. How did you become acquainted with the Yellow

looked in the newspaper and seen the phone number in there. Q. A. Q. Then I called -- called the business. You were looking to buy appliances? Yes. All right. And when you made that contact, did

you actually purchase appliances from the Yellow House? A. Q. Yes, I did. And do you know the name of the person that you

dealt with?

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A. Q.

At the time, Guy Neighbors. All right. And would you just describe Guy

Neighbors? A. Q. A. Q. Umm, he's about 7'1", maybe 280 pounds. All right. Tall man?

Tall man, yes. All right. And at some point in time, did you

start selling merchandise to the Yellow House? A. Q. A. Q. Yes, I did. And did you always deal with Guy Neighbors? Yes. And approximately how were you paid, and not

approximately, but when you sold merchandise, how were you paid? A. Q. Umm, sometimes by check or sometimes by cash. All right. Now, if you'd take a look at the

screen that's in front of you, I'm going to put up on the screen a copy of Government's Exhibit Number 115, and ask you, do you recognize the contents of this as checks that you are familiar with or know of written to you or Keelyon Price (ph) by Guy Neighbors? A. Q. Yes. All right. And would you tell the court and the

jury please whose Keelyon Price (ph)? A. He's a friend of mine.

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Q.

All right.

And did you and Keelyon (ph) work

together? A. Q. A. Yes, we did. All right. And what did you work at?

Umm, we -- we obtained vacuums and merchandise to

sell to Guy. Q. A. Q. All right. And did you pay for that merchandise?

No, we did not. So, you and Keelyon Price (ph) worked as a team Is that fair to say?

stealing things. A. Q.

That's correct. Okay. And then did you take these stolen items

to the Yellow House in Topeka and sell them there? A. Q. Yes, we did. All right. And I'm going to show you the page,

first page of Exhibit 115 which is the summary page. And I just want to direct your attention to the date. The first date here is August the 13th of 2005. see that? A. Q. Yes. All right. And this shows that on that date, a Do Do you

check was written to Keelyon Price (ph) for $360. you see that? A. Q. Yes, I do. And it says that was for two Kirby vacuum

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cleaners. A. Q. Yes.

Do you see that?

Did you and Keelyon Price (ph) steal two Kirby

vacuum cleaners? A. Q. A. Q. A. Q. Yes, we did. Do you remember where you got those? From the 29th and Fairlawn vacuum shop. The Vac Shop? Yes. All right. Would you tell the court and jury how

you got two vacuums out of the Vac Shop at one time? A. Well, we went in there and we asked the gentleman

that was there to go to the back, and when he went to the back, we -- we stole 'em out of there. out of the store with them. Q. Let's start with -- could you describe the We walked

gentleman that you saw in the store that day? A. Q. An older male, umm, maybe in his late seventies. Did you see a man as you were coming in the

courthouse -- coming in the courtroom with a blue shirt that had the Vac Shop on it? A. Q. A. Q. Yes. When you were out there? Yes. Was that the man that was in the shop that day?

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A. Q. A. Q.

No. All right. It was a different older gentleman?

That's correct. All right. And you said you asked him to go in

the back. A. Q. store? A.

Did you force him into the back of the store?

No, we did not. How did you get him to go to the back of the

Just asked him for something that -- that -- that

we didn't see up front, maybe a vacuum belt or something, a vacuum bag or something. Q. You asked him for an item that you anticipated

would require him to go back in the other room? A. Q. A. Q. A. Q. A. Q. A. Q. That's correct. And he did that? Yes, he did. And when he did that, you and Mr. Price did what? We walked out of the store with the vacuum. Do you remember what kind they were? Umm, Kirby's. Kirby's? Yeah. All right. And what did you do with those

vacuums? A. We -- we took 'em to Yellow House Store and sold

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'em to Guy Neighbors. Q. A. Q. All right. Did Guy ask for receipts?

No, he did not. All right. Then show you the next entry is also

on 8/17. A. Q. A. Q.

Do you see that?

Yes, I do. $400? Yes. And the payee again is Keelyon Price (ph), and

it's for a Kirby? A. Q. Yes. All right. Now, that would indicate that you

took -- or Keelyon Price (ph) and you took three vacuums to the Vac-- I'm sorry, to the Yellow House to sell that day? A. Q. A. Q. A. Q. Yes. Where did you get the third vacuum? Same place. Steal 'em all at the same time? No, just different times. All right. So, if you took three of them in on

the 17th of August, which is what that -- the check would indicate, correct? A. Q. Okay. And you didn't steal all three of 'em at the same

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time; you would have had to have stolen one -- at least one of them before the 17th, correct? A. Q. Yes. All right. When you stole -- when you went to

the Vac Shop before August 17th, do you remember approximately when that was? A. Q. A. Q. Umm, not -- not vaguely, I don't. I mean, was it months or days or weeks? It could have been some weeks. All right. And you remember who was in the store

when you stole the first vacuum? A. Q. A. Q. there? A. Q. The same way I described before. All right. And when you went back in, you and The same gentleman. All right. Yes. All right. How did you get that first one out of The older gentleman?

Keelyon (ph) the second time, did he seem to recognize you? A. Q. A. Q. No. He being the older gentleman -The older gentleman. -- who was running the store. And so, you had Were

three vacuum cleaners, three brand new Kirby's.

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they all in boxes? A. Umm, some of 'em -- sometime they was and

sometime they wasn't. Q. If you took a vacuum cleaner from the store that

wasn't in a box, were there ways to tell that it was brand new and had never been used? A. it. Q. A. How he -He could -- he could look at it, and sometime Umm, it's hard to say; depends on how he look at

they be used, sometime they -- you know, you wouldn't know that until after you just kind of looked the vacuum over. Q. All right. When you say he would know, who are

you talking about? A. Q. Umm, Guy. Okay. So, Guy would look at the vacuum cleaner.

If it was in a box, it was obvious? A. Q. A. Q. He'd know it was new, yeah. Okay. Yes. All right. Are some of the vacuums that you took That it was new?

without boxes, were they used? A. Q. Yes. All right. And were some of them new?

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A. Q.

Yes. Can you tell from looking at the prices that Guy

Neighbors paid you for these whether or not these appeared to be new or used? A. Umm, it's hard to tell. I don't know right

off-hand. Q. All right. But according to this chart then,

again, here -- oh, I'm sorry, I said that the checks were written on the 17th. The first two vacuums were --

the check was written on the 13th, correct? A. Q. Yes. All right. And then the next one was written on

the 17th, four days later? A. Q. Yes. All right. And is that another -- that's the

vacuum you got at the Vac Shop as well? A. Q. day. Yes. All right. Then we go down to the 18th, the next

It says that a check in the amount of $200 was Correct?

written to you for a Kirby. A. Q. A. Q. Yes.

Where did you get the Kirby? Umm, same place. So, you're just going back very, very frequently.

Are you always distracting the older gentleman so you

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can take the vacuums out? A. Q. Yes, we did. All right. Are you and Keelyon (ph) going

together? A. Q. A. Q. Yes. And you were paid $200 for that? Yes. On the 19th of August, the next day, another

check, this time it's written to Keelyon Price (ph) for $700, and it's for a vacuum. A. You see that?

Yeah, think that was several vacuums, or it could

have been some money that he had all ready owed him prior to coming in before. Q. All right. But Keelyon (ph) -- and you and

Keelyon (ph) would have stolen that vacuum? A. Q. A. Q. Yes. All right. From the Vac Shop?

That's correct. And each time you and Keelyon (ph) went to the

Vac Shop, was the same older gentleman there? A. Q. A. Yes. All right. How would you describe his alertness?

Umm, just very -- you know, he -- he would look,

and we'd go in there and say something to him, and ask him, like I said, to go to the back for something, and

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when he went in, we'd just go -- when he went to the back, we'd just walk out with the vacuum. Q. Then we have another vacuum, a check that has the That was

notation, it's for another vacuum on the 22nd. a check written to you. cleaner? A. Q. A. Q. Yes, it is. All right. Yes. Sold that to Guy Neighbors?

Is that another stolen vacuum

Another one -- well, now, here is another check

that is dated on the 23rd, it's written to you, and it is for two vacuums and a return A C. what that transaction consisted of? A. time. Q. But all of the vacuums that are listed there, all I'm not -- I'm not sure what that means at this Do you remember

would have been vacuum cleaners that you and Keelyon Price (ph) stole? A. Q. Yes. And at any time when you took those vacuums in,

did Guy Neighbors ever ask you how you could afford to bring in all those vacuum cleaners? A. Q. A. Not one time. Did you volunteer any information? No.

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Q.

I'm going to show you what's been marked Can you identify that? And

Government's Exhibit 10.1.

I'm specifically speaking of the first check at the top there; you recognize that as a check written to you? A. Q. Yes. All right. MS. PARKER: Government would offer

Government's Exhibit 10.1 which is Check Number 1491 dated 8/22 of '05. THE COURT: MR. DUMA: Any objection? Miss Parker, is that one of the

checks that's in the -- the other exhibit? MS. PARKER: It's in there, but these have

been broken out separately, but it is in there. MR. DUMA: Honor. THE COURT: Exhibit 10.1. BY MS. PARKER: Q. I'm going to show you Government's Exhibit 17.2 At this time court admits Thank you. No objection, Your

and ask you if you recognize that item? A. Q. Yes, this was a check he also wrote to me. All right. And that is Check Number 1557 written

on September 1st of 2005, correct? A. Yes, it is.

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MS. PARKER:

Government would offer

Government's Exhibit 17.2. THE COURT: MR. DUMA: THE COURT: Exhibit 17.2. BY MS. PARKER: Q. Now, Mr. Kaiser, I'm putting up on the overhead, Any objection? No objection. At this time court admits

on the screen one of those checks I think you have in your hand, and that is Government's Exhibit 10.1, that's Check Number 1491 in the amount of $300. that? A. Q. Yes, I do. All right. And that -- the note on there says Do you see

vacuum, correct? A. Q. Yes. And did you ever take a vacuum to Guy Neighbors

that wasn't stolen? A. Q. Umm, not that I recall. All the vacuums you took, you and Keelyon Price

(ph) stole? A. Q. Yes. Then about a week later, there is Check Number You see

1557 written to you on September 1st for $200. that?

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A. Q. A. Q. A. Q. A.

Yes, I do. And that was for a range hood, correct? Yes. Or a range? Stove. And a stove hood. Where did you get those items?

Umm, I think that might have been a stove that I

all ready had that he had asked me -- I was -- I was trying to get a newer stove, and I think I had one, and he wanted to buy it. Q. All right. But he wrote you a check for these

items from his Yellow House checking account, correct? A. Q. Yes. All right. And then you understood that Guy

Neighbors was selling merchandise on eBay, correct? A. Q. Yes, I did, yeah. All right. And that this would be inventory that

he would use to keep his business going? A. Q. A. doing. Q. A. Q. Now, did you ever meet his wife Carrie Neighbors? One time. And when was that? Yes. The stove and the hood? That -- from my recollection, that's what he was

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A.

I can't remember exactly when I met her, but I

just recall meeting her once in the store. Q. A. Q. A. Q. Do you remember -- in the store? Yes. All right. Yes. But other than that, you didn't really have any Up in Topeka?

contact with her at all? A. Q. No. All right. At some point in time, did you stop

taking items to the Yellow House? A. Q. A. Yes, I did. When was that? Umm, a little bit after me and him had spoke and

he said he knew he was under investigation. Q. him? A. Well, he just basically stopped coming to the All right. And why did you stop taking items to

store as often as he used to. Q. All right. So, he cut back on his hours at the

store, the days that it was in operation? A. Q. Yes. And at some point in time, did he just close it

down altogether after the first search warrant? A. Umm, I think so.

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Q. A.

Okay. I'm not sure exactly when he did it, but I know

it was shortly after that. Q. And -- at any point in time did Guy Neighbors

talk to you, tell you about the police coming and asking him about the stolen vacuums? A. Q. Yes, he did. When did that conversation take place,

approximately? A. Umm, I don't know exactly when, but you know, I

remember him telling me shortly after we brung him one of the vacuums, he said he had -- he had put it on eBay and they -- they asked him about it. Q. A. Q. And did he say who they was? The police department. All right. And did he tell you that he

had returned the vacuums then? A. Q. Yes, he did. All right. Is -- did you stop bringing him

vacuums at that point? A. Q. A. Q. A. Yes, I did. Why? Well, he just -- he didn't want no more. After the police came, took the vacuums back? Yeah.

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Q. A. Q.

He said he didn't want anymore vacuums? Yes. All right. But then you began to sell him other

types of items, correct? A. Q. Yeah, various. All right. And we have the tables and dryer. Do

you know where you got that? A. Q. A. Q. A. Q. Umm, it could have been some things I had. Were you getting rid of things or -Some stuff I was. All right. Vacuum, stereo system and range?

Yes, that's things I might have had at the time. But now, on -- on these items here, you're taking

in and you're selling him range -- this is the range and hood we talked about? A. Q. Yes. All right. Satellite radios. Where did you get

satellite radios? A. Q. I can't -- I don't remember that one. All right. Camcorder; where did you get

camcorder? A. Q. I don't -- I don't remember. But many of the items, and certainly all of the

vacuums that you sold to Guy Neighbors were stolen? A. That's correct.

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Q.

All right.

And did you ever have to produce any

identification in order to get a check from Guy Neighbors? A. Q. A. Q. No, I did not. Did he ever pay you any way except check? Sometimes in cash. All right. What would -- how would it be decided

whether he paid you cash or checks? A. I -- just I guess times that he might have had

cash in his store, or if he didn't have enough, he would just write a check. Q. All right. Did you get cash more often than you

got checks or do you remember? A. It's hard to say at this time. It could be just

like I said, various times. Q. Now, this indicates that the last time that you

actually got a check from Mr. Neighbors was November 14th of 2005. A. Q. That's correct. All right. And then it was sometime after the Is that right?

first search warrant that you quit going there altogether? A. Q. Yes. All right. So, if you had gone there between

11 -- between November the 4th of 2005 and say December

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the 2nd or 3rd, you would have been paid in cash if you sold him anything? A. Q. Possibly. Now, besides the items that we've gone over, you

took jeans in to Guy Neighbors fairly often, did you not? A. Q. Yes, we did. Where did you get the jeans? Now we're talking

about pants, the denim pants, right? A. Q. in? A. Q. A. Q. A. Q. A. Various stores. Did you buy them? No. Did you steal them? Yes, we did. How would you steal jeans from a store? We walk in, put 'em in a bag, just walk out the Yes. All right. Where did you get the jeans you took

store with 'em. Q. A. Q. And that we is who? Me and Keelyon (ph). All right. And those jeans, would they have all

their tags on them? A. Most of 'em, majority of 'em did.

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Q. A. Q.

All right.

And where did you take the jeans?

To Guy Neighbors. All right. How many pairs at a time would you

generally take over? A. Q. A. Q. A. Q. Umm, between 20 and 40 pair. All right. Yes. And they all had the tags on 'em? Yes, they did. Did Guy Neighbors prefer to buy any particular 20 and 40 at a time?

kind of jeans? A. Umm, Levi's, mainly children's jeans I think it

was that he asked for. Q. All right. Did he tell you why he wanted

children's jeans? A. Q. They were easy for him to sell. All right. Were there ever times when he didn't

buy your jeans? A. It was sometimes, but majority of the time, he

took 'em. Q. All right. And when he didn't buy them, why did

he tell you he didn't want 'em? A. At the time, he just -- he might not had cash.

He might have had too many at the particular time. Q. And then at some point in time, the ones he

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didn't buy, did you take back and sell to him later? A. Q. A. Q. A. Q. Yes. Did you sell those jeans anyplace else? No, just to him. All right. Yes. You remember how much he would pay you for a pair And he paid you cash or check?

of jeans? A. It just -- it varied. At the particular time

that he was buying 'em, you know, it could have been several hundred dollars. Q. Do you remember if he ever priced them by the

jean, you know, by the pair of jeans, 2.50 for a pair, $10 for a pair? A. Q. A. Q. No 'cause they was in bundles, so -So, you sell 'em by the bundle? Exactly. All right. And he would determine what price he

was going to sell 'em at? A. Q. Yes. Did he ever ask you where you were getting all

these jeans with the tags still on 'em? A. Q. No. Did he ever ask you if you were stealing the

items you were bringing to him?

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A. Q.

No. All right. Now, the first time you took a vacuum

in to Guy Neighbors? A. Q. A. Uh-huh. Did he say he had to talk to somebody? Yeah, the first time, he -- he called his wife

and asked her about the particular vacuum that we had. Q. A. Q. Could you hear his end of the conversation? Yes, I was standing right there. All right. And what did he say? What did he say

to you about making the phone call? A. Well, he wanted to ask his wife about 'em, 'cause

at first, he didn't want it, and then he -- he said, let me call my wife. He asked her about the particular

vacuum, and she said -Q. A. Q. Told her what kind of vacuum he -(Nodded.) All right. Did he give her any other information

about the vacuum? A. Q. A. Q. Not to my recollection. And then asked her should I buy it? Yes, and then she told him to buy it. And then what? When he got off the phone, what

did he do? A. He purchased it.

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Q.

All right.

Did -- did he tell you what he was

going to pay or did you demand a price? A. Q. He told me what he wanted to pay for it. All right. And was -- did he tell you what he

wanted to pay for it after his phone call to his wife? A. Q. Yes. Did he make any additional phone calls to his

wife after that when you started bringing the vacuums in? A. Q. No. After that first phone call, the only phone call,

to Carrie Neighbors, did he say anything else about vacuums? A. Q. That he'd like to have more. All right. So, after that phone call with Carrie

Neighbors, he told you he would like more vacuums? A. Q. A. Q. A. Q. Yes. Did he tell what you kind? No. Just bring more? Yes. Thank you. Nothing further. Cross-examination. Thank you, Your Honor.

THE COURT: MR. DUMA:

CROSS EXAMINATION

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BY MR. DUMA: Q. Mr. Kaiser, when the police came to question you

about this, they told you that if you told them about stealing those vacuums, then you wouldn't get in trouble for stealing those vacuums. A. Q. No, they didn't. They didn't tell you that -- that you weren't Isn't that true?

going to be charged for stealing the vacuums? A. Q. No, they told me I could be charged for it. Okay. Did they tell you that they -- that you

were there as a witness and that -- that they were not going to use the information that you gave them against you? A. Q. A. Q. Yes. They told you that, right? Yes. Okay. So, they told you that if you told us

about stealing from that old man, we're not going to use that information against you, we just want you as a witness, right? A. Q. Yes. And that's why you told them what you told them

about you stealing the vacuum cleaners, correct? A. No, I just told 'em -- I mean, they questioned me

about it, and I pretty much told 'em what happened.

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Q.

All right.

But you only did that after they

assured you that you were not a suspect, that you were just a witness, correct? A. Q. Yes. All right. You weren't doing it because you're a

good citizen.

You didn't -- you didn't call them up and

say, hey, I have something on my conscience, I've got to come clean, right? A. Q. No. You were doing it because the cops were on you

and you were trying to stay out of trouble, right? A. Q. That's correct. All right. Now, you -- you sold -- or the first

time that you met with Guy Neighbors, you actually bought something from him? A. Q. Yes, I did. All right. And that was a totally legitimate

deal, right?

You went in and bought some stuff and it

was a good price? A. Q. A. Q. A. Q. Yes. And he helped you out, right? Yes. And actually, you guys kind of became friends? Pretty much. And you developed a relationship with him?

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A. Q.

Yes. And this was all before you sold him the vacuum

cleaners? A. Q. Yes. All right. So, he had a reason to trust you.

Would you agree with that? A. Q. A. Q. I guess. Yeah, because you kind of were friends with him? Yes. All right. Now, you never sold anything to

Carrie Neighbors; that's a true statement, correct? A. Q. Yes, it is. All right. And I think you told the police, and

correct me if I'm wrong, that you sold to Guy between 15 and 20 times? A. Q. A. Q. I think so. You think that's about right? I think so. All right. Well, umm, I'm looking at the checks

that went to you and Mr. Price, and it's about 20 checks. So, would -- would -- if you sold to Guy about

15 or 20 times and -- and he wrote you 20 checks out, then -- then almost all of the times that you went there to sell something, it would have been paid for by check. Would you agree with that?

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A. Q. A. Q. A. Q. agree? A. Q.

Umm, pretty much. Is that right? Pretty much by check. All right. But it was sometimes by cash. But most of the time it was by check. Would you

I think it was. All right. And on these checks, he would put

your name down, right? A. Q. Yes. Except for, I think he wrote two to Mr. Price,

correct? A. Q. A. Q. Yes. And then wrote the rest out to you, right? Yes. All right. And you never told Mr. Neighbors that

the checks were stolen, correct -- or that not the checks, that the property was stolen, correct? A. Q. No. Okay. And he -- he knew who you were, you were

his friend, so he just wrote the checks out to the guy he knew as Travis Kaiser, correct? A. Q. That's correct. All right. And when -- after the police came and

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he had to give back those vacuum cleaners that you stole from that older gentleman, he told you he wasn't taking any more stolen property from you, right, or -A. Q. Yeah. -- or strike that. He said he wasn't going to

take any more vacuum cleaners from you, right? A. Q. That's correct. All right. And then after that period of time,

you started selling him stuff that wasn't stolen? A. Q. Some things was and some things wasn't. Okay. But again, you never told Mr. Neighbors

that the stuff was stolen, right? A. Q. No. And he was still relying upon your friendship to Would

trust you for you not to lead him in a bad way. you agree with that? MS. PARKER: speculation. THE COURT: MR. DUMA: THE COURT: MR. DUMA: BY MR. DUMA: Q. Any response? Objection, calls for

I don't really have a response. Objection sustained. Thank you.

But after the police came in, Mr. Neighbors

wouldn't take any more vacuum cleaners from you,

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correct? A. Q. That's correct. All right. And you sold him -- on this list that

is set out there, you sold him a range, tables and dryer. do you? A. Q. Not -- not to my knowledge, they wasn't. Okay. That was just stuff you had and you wanted You don't remember if those were stolen or not,

to get some money? A. Q. Yes. All right. And then you sold him -- sometimes

you sold him used vacuums, correct? A. Q. Yes. All right. And then there was another range and

stove hood and a satellite radio and a range and stereo. You don't -- those things weren't stolen; those were just things you had? A. Q. Yes, pretty much. All right. So, sometimes you would sell him

stuff that was stolen and sometimes you would sell him stuff that wasn't stolen, correct? A. Q. That's correct. But you never told him, hey, this is stolen, this

is not stolen, right? A. Yes.

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Q. A. Q.

Is that right? Yes. Okay. MR. DUMA: No further questions. Thank you,

Your Honor. THE COURT: MS. PARKER: Your Honor. RE-DIRECT EXAMINATION BY MS. PARKER: Q. Mr. Kaiser, after the police came to Guy Any redirect? I have just a -- a little bit,

Neighbors and reclaimed those stolen vacuums, he told you about that instance, right? A. Q. Yes, he did. All right. And at that point, it -- he

acknowledged that he knew you had been selling him stolen items, correct? A. Q. I would think he would. All right. And yet, he continued to buy things

from you, correct? A. Q. Yes, he did. And looking at the items that you were bringing

to him, now as you sit here, you can't remember whether they were stolen or not, right? A. Some of 'em.

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Q.

But you didn't stop stealing, did you, after the

vacuums? A. Q. A. No. What kind of things did you steal? Umm, some jeans. I took him jeans and other

various things. Q. All right. And even after he knew you had sold

him stolen items, he continued to buy new jeans with price tags on them from you? A. Q. Yes, he did. Thank you. Nothing further. Any re-cross? No, thanks, Your Honor. In regards to this witness, was

THE COURT: MR. DUMA: THE COURT:

the witness subpoenaed to testify from the government? MS. PARKER: Your Honor, we'd like to keep

the subpoena active with this witness. THE COURT: Mr. Kaiser, you're still under

subpoena, but at this time you are excused. THE WITNESS: THE COURT: Okay. You're free to go, but you might

be called back, and you would have to be notified in regards to that. THE WITNESS: THE COURT: Okay. But you are excused at this

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time.

And the other thing I would ask you to do is not

talk about what you said in here with anyone else as you leave. THE WITNESS: THE COURT: MS. PARKER: Okay. Thank you. Your Honor, as its next

witness, the government will call police officer Micky Rantz. THE COURT: Before you take your seat, if

you'll please raise your right hand. (Witness sworn.) THE WITNESS: THE COURT: I do. Be 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: THE COURT: your name. THE WITNESS: THE COURT: THE WITNESS: THE COURT: MS. PARKER: My name is Micky Rantz. Please spell your name. M I C K Y. Thank you. R A N T Z. Miss Parker. Yes, Your Honor. Have you start with you stating

Thank you, Your Honor.

MICKY RANTZ,

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Called as a witness on behalf of the government, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MS. PARKER: Q. A. Officer Rantz, where are you employed? I'm an officer with the Lawrence, Kansas Police

Department. Q. And how long have you been a police officer with

Lawrence? A. Q. Since 2001. All right. And would you just briefly tell the

jury what your duties were in 2004, 5, and 6? A. 2004, I was assigned to the Lawrence/Douglas Lawrence was the third The two prior police So, when I came

County Drug Enforcement Unit. police department I'd been at.

departments, I'd also worked narcotics.

to Lawrence as a new face, new officer, I had quite a bit of narcotics experience all ready. Lawrence took

the opportunity to put me into an undercover role specifically investigating violations of the Uniform Controlled Substance Act. Q. That's -- were you doing undercover drug

investigations? A. Q. That is correct. All right. And were you doing undercover drug

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investigations contemporaneously with an investigation of Yellow House? A. Q. No. All right. When did you begin to be involved in

the Yellow House investigation? A. In September of 2005, I actually came out of the I had served my 18-month time line that they I came out. In October, the

drug unit.

allow officers to be in.

very next month, I was contacted by then Sergeant Khatib who's now Captain Khatib, our interim chief, in regards to coming back into the drug enforcement unit to work in an undercover capacity to look into allegations that Yellow House may be knowingly buying stolen property. Q. All right. And did you actually make contact

with anyone at Target? A. Q. I did, yes. All right. And that was in the course of the

Yellow House investigation? A. Q. A. Yes. And why did you contact anyone at Target? I had actually worked with Target on some drug

investigations while I was in the drug unit, so I was all ready familiar with them. I had met with Jason

Steffen who at the time was in charge of their criminal investigation unit.

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Q.

And did he give you information about what his

security officers' investigation had turned up as it relates to some vacuum cleaners stolen by Nicolle Beach? A. Q. Yes, he did. And what -- do you remember the date you were

formally assigned to this investigation? A. Q. It would have been October 17th, 2005. Now, without going into anything anybody told

you, could you just briefly describe the kind of preliminary information that you had about this investigation? A. The preliminary investigation had to do with

Target investigating Miss Beach and the allegation that she was selling items to Yellow House who was then posting them on eBay. Q. Now, did you also have an opportunity to review

some reports of stolen vacuum cleaners in Topeka, Kansas? A. Q. I did. All right. And in the course of reviewing that

information, did you see a description of a truck that was familiar to you? A. Q. Yes, I did. All right. Do you know what kind of a truck Guy

Neighbors was driving in August, September, October of

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2005? A. He had a white Ford F-250 super duty crew cab It has a blue

with I believe silver at the bottom.

lettering on the side for his delivery service. Q. A. Q. Do you remember the name of the delivery service? I believe it's Professional Delivery Service. And was that a description of the truck that was

seen at the Vac Shop one day? A. Q. Yes. At some point in time, was a decision made to

conduct an undercover investigation of the Yellow House? A. Q. Yes, there was. Is that an unusual step to take in a stolen

property case? A. Umm, I had bought stolen property undercover Going into it, we knew we

before on a limited basis.

wanted to do an independent investigation, not just -it's one thing to do an independent investigation, it's another one just to basically take somebody's word for it, so we basically did conduct an independent investigation. Q. All right. And you had had experience, I think

you've testified, in undercover investigations before? A. Q. Yes. Both on the drug side and now you've just

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testified in stolen property cases? A. Q. Yes. All right. I'm going to show you Government's

Exhibit 125. A.

Can you identify that?

Yes, this is my curriculum vitae which basically

spells out my education, my professional experience, honors and awards, sources of specialized narcotics training, sources of specialized undercover training, and the various schools and certifications that I've received since coming into law enforcement. Q. Can you tell the court and jury what your

educational background is? A. I'm currently a PhD student. I am what's labeled

as A B D, all but dissertation, in completing a PhD in higher education administration. degree in legal analysis. I have a master's

I have a bachelor's degree in

criminal justice, and I have an associate's degree in law enforcement. Q. All right. And you are currently a police

officer with the Lawrence Police Department? A. Q. Yes. All right. MS. PARKER: Your Honor, at this time the

government would offer Government's Exhibit 125, Officer Rantz's curriculum vitae.

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THE COURT: MR. DUMA: THE COURT: Exhibit Number 125. BY MS. PARKER: Q.

Any objection? No, Your Honor. At this time the court admits

Could you just briefly describe the type of

undercover investigation techniques that you used in drug cases, and talk about how they differ, if they do, from the investigative techniques in a case like this? A. On undercover investigations, basically you have

two types of introductions, what's referred to as a cold call where the undercover with no assistance from anybody else, being an informant or somebody who's on the inside, basically you make contact with the subject that you want to investigate, without any introduction in. There are also introductions in by informants,

either the cooperating individuals or cooperating informants, or other sources of information who are somehow associated with the defendants. Q. In the Yellow House undercover investigation that

you conducted, which of those two methods of making contact with someone at the Yellow House did you use? A. Q. A. It was a cold call. All right. And why is that?

At the time, we had information specifically from

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Miss Beach about what was going on.

However, we did not She was

feel that she would be a good introduction in. in custody.

Plus we didn't know how reliable the So, we independently decided to try to

information was. make a cold call. Q.

Now, you said that she was in custody.

She had

all ready spoken with law enforcement and with Target investigators, correct? A. Q. Yes. When she initially was interviewed by the Target

people, are you aware of any promises that were made to her by them? A. Q. A. No. Did you make her any promises? I told her since she was all ready charged with

the Target investigation, we were not looking for any additional charges on her. We basically wanted to know

how the operation when she was selling stuff to Yellow House worked. Q. Did you or anyone acting in your behalf do

anything to get Nicolle Beach a lesser sentence? A. Q. A. Q. No. In the -- that's a Kansas state charge, correct? That is correct. All right. Did you do anything to give her any

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benefit whatsoever in that case or any other case? A. Q. No. When you are conducting an undercover

investigation, are there situations where you can actually be wired for sight and sound? A. Q. Yes, there is. All right. Are there times when that is a -- an

acceptable way to conduct an undercover investigation and times when it's not? A. Q. A. Yes. Would you tell us what the difference is? Sometimes going into a situation, we would have There have been times that

to use very covert measures.

I've been patted down, I've been searched specifically. Q. A. By who? By defendants or criminals that I'm investigating

who are suspicious that I might be law enforcement. There are other times that I would say have less stress or less fear of being patted down, and there are additional investigative techniques we can use, different types of body wires, different types of body cameras, because there's no fear of being patted down. Q. And did you make a professional decision in this

undercover operation about whether or not you would wear recording devices?

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A. Q. A.

Yes. And what was the decision? The decision on this one was I believed based on

my training, knowledge and experience, that I could go in and I would not be patted down. I decided to wear a

body camera with a lens that actually shot through a Skoal can that was in my pocket. Q. A. Skoal, that's the tobacco? That would be a tobacco can, yes, that's so not

only could you hear it from my body wire that's actually recording the audio, but you could also see the video as basically it would be shot from my chest. Q. A. Q. A. Did you also wear a disguise? I did wear a disguise. Why? Having done several federal and state cases

undercover during my time in the drug unit, it was my opinion that there was no way to control who might be in the store. The one thing I did not want to go in was

basically looking like I did when I was buying narcotics from other defendants or other subjects, go in and -and get recognized as an officer right off the bat or an undercover officer. wear a disguise. So, the decision was made for me to

I had only worn the disguise on

limited other bases during narcotics investigations

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where there was a fear that somebody associated with the group might recognize me. So, I all ready had the

disguise, but we used it exclusively on this one. MS. PARKER: Your Honor, may I ask the court We have a

for permission for the agent to come down?

rather large exhibit that I would like him to identify, and then if it's admitted, to explain it from next to the exhibit. THE COURT: BY MS. PARKER: Q. Officer Rantz, I'm going to ask you to keep your But do you recognize what is contained in Yes.

voice up.

Government's Exhibit 128? A. Yes, this would have been the exact clothes that

I would -- was wearing in the disguise that I would have been wearing when I went into the Yellow House to deal with Miss Neighbors. Q. All right. And so, the way that this exhibit,

this mannequin is dressed, is exactly the way you were dressed when you dealt with Yellow House? A. Excluding maybe a little bit of facial hair and

earrings, yes. MS. PARKER: Your Honor, at this time the

government offers Government's Exhibit 128. THE COURT: Any objection?

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MR. DUMA: THE COURT: Exhibit Number 128. MS. PARKER:

No objection. At this time the court admits

And then with the court's

permission, may the witness describe the -- or do this part of his testimony next to the mannequin? THE COURT: BY MS. PARKER: Q. Thank you. All right. It's fairly obvious from Yes.

looking at the mannequin what wasn't yours, the hat, the hair, correct? A. That is correct. The hair is actually done by a

wig maker that -- where we sent some facial hair that I had and had them color match so there wasn't a contrasting difference. The hat was something I

routinely wore, kind of breaks up the outline of the wig. Q. All right. And did you wear this particular

outfit every time you went to the Yellow House? A. Q. Every single time. All right. And you said that you were equipped Is that secreted someplace on

with recording equipment. this mannequin? A.

Yes, on the inside of the right side, there is a

body wire that comes up that's a mic that's just on the

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inside attached to a stick recorder that doesn't transmit a signal, but it actually records just digital audio without sending out a signal. side -Q. side -A. Q. Oh, yes. When you talk about it recording just a digital Well, let me -- before you go to the right-hand On the right-hand

signal, you mean it's actually storing it on that device, it's not going to another location where somebody else can listen to the conversation at the same time? A. Q. That is correct. All right. Then you were going to talk about the

other one? A. On the left-hand side, as you can see here, If you pull

there's a Skoal can that's in this pocket.

this out, there's actually a wire that runs to it. Inside of the can is a small camera that goes to a recording device which is located on the inside. It's a

larger device, and you can see where this would create problems if you had to wear this in someplace where you might get patted down. Q. Now, when you went in to make contact -MS. PARKER: Trying to think where we can

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put this to -- Your Honor, may we put this in the corner up here kind of out of the way? THE COURT: I think that would be fine.

Umm, Mr. Duma, do you have any objection to that? MR. DUMA: THE COURT: No. If you'd like also, Mr. Duma, if

you need to move around in the courtroom for a better vantage point, feel free to get up at any moment. MR. DUMA: BY MS. PARKER: Q. All right. In addition to preparing your Thank you.

physical persona for your undercover operations, did you also create any undercover identity? A. I did. I actually had a driver's license that

was generated to me in an undercover capacity as well as opening a bank account, credit cards associated with those so that I could also open up eBay and PayPal accounts. Q. All right. And did you open those eBay and

PayPal accounts? A. Q. I did. What name did you use when you went into the

Yellow House and were talking to the folks there? A. Q. Russ Williams. And when you created your PayPal and eBay

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accounts, did you use that name? A. Q. A. Q. A. No. What name did you use? Bill Wallace, Junior. And why did you create eBay and PayPal accounts? Because in the course of the investigation, what

we were going to try is to see if Miss Neighbors would buy items from us. Once we built rapport, if she would

continue to buy items, we wanted to be able to verify that the items I was actually selling her was what I was actually seeing on the eBay site, so I wanted to be able to buy those items back. Q. So, you were operating on information that items

were being sold by the Yellow House on eBay? A. Q. time? A. Q. Yes. All right. Then where did you get the property That is correct. And you knew that before you went in the first

that you were going to take in to sell? A. Through Jason Steffen with the Target

investigative division. Q. All right. And did you place orders or did he

just bring you stuff and you took it over. A. No, based on the items that were on -- all ready

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on her eBay site and items that I knew as high theft items, I would request a little bit at a time, depending on how the investigation was going, and basically to where we built to where I was bringing in a case of items at one time. Q. A. it. Q. Now, you described the two -- the audio recording Can the When you say a case of items, what do you mean? A large Target box that was -- had electronics in

device and the video recording device.

information contained on those devices be combined? A. Yes, there's a little bit of compression issue.

Basically, the way the camera is set up, it doesn't record any audio. picture. It is just for getting the video

The audio recorder is a little -- what they It just

call a little bit different in compression. records the audio.

But what you can do is give these

two pieces of data and have somebody who is IT savvy or technology savvy marry the two together so that you can create a DVD. Q. And you actually have recorded conversations that

were made when you made contact with Carrie Neighbors, correct? A. Q. That is correct. And have you made arrangements for the audio and

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the visuals of those conversations to be married in one CD? A. Q. Yes, into a DVD, yes. I'm sorry, a DVD. Did you anticipate using

informants in this undercover investigation, or when you went in the first time, were you just going in there, you know, as an undercover officer? A. Yeah, when we first -- when I first went in, it We weren't using any

was to make a cold call. informants. Q. All right.

And in this case, did you end up with

different types of informants? A. Yes. We actually ended up with -- during the

course of it, unbeknownst to the source of information, we had a guy contact us who wanted to provide information about what he believed to be illegal activity going on at the store. Q. A. Q. A. Q. A. Who was that? That was Tony Reyes. Tony Reyes? Yes. And he contacted you? He actually contacted an officer with our police

department who contacted us in reference to talking with him, yes.

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Q. A. Q. A. Q.

And he was called -- is he a source or -He's listed as a source of information, yes. Okay. That's an SI?

That is correct. All right. Did you also develop a CI or a

confidential informant? A. Q. A. Q. A. Yes, in June of 2006. And who was that? That is Joey Cadenhead. And how did you come across Joey Cadenhead? Through a series of theft investigations that

were going on by patrol officers and a subsequent theft investigation that I worked at Kohl's, we were able to track back that he was dealing with Miss Neighbors at Yellow House. Q. All right. Now, Joey Cadenhead actually did get

some kind of a deal from the government, right, from the police officers? A. Q. Yes. And what arrangements -- what agreement did you

make with Joey Cadenhead to get him to cooperate? A. Based on the misdemeanor thefts that we knew that

he -- based on video and his own admissions that he was committing at the time, we agreed not to prosecute him on the misdemeanor, but in turn working as a cooperating

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informant, actually making sales of items to Miss Neighbors at Yellow House. Q. So, you didn't ask him just to tell you about

what he'd been doing, just to basically give you a background like some of the other witnesses? A. Well, we asked him that, but then we asked him to

take the next step and actually work for law enforcement. Q. To actually go in and record his own

conversations? A. Q. A. Q. That is correct. And did he agree to do that? Yes. All right. Now, were there informants that you

agreed not to use their statements against them? A. Q. of art. A. Were there informants? I'm sorry, I'm using the wrong term. Were there witnesses? There were cooperators and witnesses that we did It's a term

not use their statements against. Q. All right. And in determining whether or not to

make that kind of an offer, what information did you have about these people that led you to believe you could prosecute them anyway? A. We didn't -- with the type of scheme that was

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being committed for the shopliftings, we didn't know who was committing them at the time. We basically developed

who was selling bulk amounts of items to Carrie Neighbors based on the checks that we received after the search warrant in 2000 -- in December 2005. Q. And so, we've seen the booklets that have the

summaries of the checks that were written to customers of Yellow House. Did you use the information obtained

from the Yellow House records to identify people selling to her on a regular basis? A. Q. Yes. Besides that, did you have any information about

any of these cooperators that would have allowed you to prosecute them? A. Q. Not that I recall, no. But there were people who were identified, were

there not, who you did have enough independent information to prosecute, correct? A. Q. were? A. We federally indicted Lewis Parsons, we federally Yes. And do you remember who some of those people

indicted James Ludwig, we federally indicted Wesley Bateson, we federally indicted Stacy Barnes-Catlett, we federally indicted Kathryn Alexander.

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Q.

All right.

And all of those people were indicted

for their activities in association with the Yellow House with this investigation? A. Q. A. Q. Yes. All right. And so, they didn't get a pass?

That is correct. But most of them are -- have agreed to come in

and provide substantial assistance in the hopes of getting a judge to give them a lesser sentence? A. Q. That is correct. Have -- and has anybody gotten a lesser sentence

at this time? A. Q. No. All right. But those informants, those witnesses

were developed after you had your first contacts with the Yellow House, correct? A. Q. That is correct. Now, in an undercover investigation like the one

you conducted here, are there any pitfalls that you need to be watching out for? A. Q. A. Absolutely. What are they? Uncontrolled scenes. And when I say that, going

into -- to Yellow House, we had no idea who was going to be in there, or if somebody was going to walk in during

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the situation. noise.

We also had no way to control background

If we went in there and the stereo was cranked

up really loud, the mic doesn't discern between my voice and the radio. It looks -- it records the loudest or Same way with

most overbearing sound that it picks up. road traffic.

If you're standing next to the road and

there's big trucks going by and it's loud, that's what the mic is recording. that we cannot control. Q. Now, in a situation like that where the loudest So, there are things like that

noise in the room is the radio, are there steps that can be taken to enhance the sound on the spoken voice? A. Q. A. Yes. What are those? Umm, basically, the same person who would -- in

our -- at our department which is Detective MT Brown who puts -- marries the audio and video together, also has a machine where he can filter certain decimal of sounds and he can drop -- try to drop the volume on, like if we have a bunch of background music, he can try to drop that by filtering it. Q. And were any of the audio portions of the DVD's

of the conversations actually enhanced or dampened down? A. Not on the undercovers, but on some of the

subsequent investigation, well, techniques that we used,

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we'd done some other deals where we sent an officer in who was wired, we had to filter some of that noise, yes. Q. Now, get a couple of exhibits here. I would like

to show you Government's Exhibit 126. that? A. Q. A. Yes. What is it?

Do you recognize

That is a photograph of the front of the Yellow It's also a photograph of the

House Store at 1904 Mass.

Yellow House Store at 1835 Northwest Topeka Boulevard, and it's a photograph of the Neighbors' residence at 1104 Andover. MS. PARKER: Government's Exhibit 126. THE COURT: MR. DUMA: THE COURT: Exhibit 126. BY MS. PARKER: Q. Show you Government's Exhibit 12-- I'm sorry, Any objection? No objection. At this time court admits Government would offer

131, do you recognize that? A. Q. A. Yes, I do. What is that? That's a photograph of Guy and Carrie Neighbors,

a photograph of Lois Jackson, Carrie Neighbors' mother.

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Q.

Well, are these photographs of people who work at

one or the other Yellow House Stores? A. Yes, either worked at or very closely associated

with Guy and Carrie Neighbors. MS. PARKER: Government's Exhibit 131. THE COURT: MR. DUMA: photographs? MS. PARKER: Oh, yeah. They're just the Any objection? Can I please see those Government would offer

driver's license photographs. MR. DUMA: Your Honor. Thank you. THE COURT: Exhibit 131. BY MS. PARKER: Q. Finally, show you Government's Exhibit 130. What At this time, court admits Okay. Thank you. No objection,

is that? A. This is the group of individuals who you'll be

hearing from later on in the case that were interviewed by law enforcement. MS. PARKER: Government's Exhibit 130. THE COURT: MR. DUMA: Any objection? No objection. Government would offer

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 130.

THE COURT:

At this time court admits

MS. PARKER:

May the witness leave the

witness chair so that we can put this in a spot where the jury can see it and he can testify about it? THE COURT: BY MS. PARKER: Q. All right. I'm referring now to Exhibit 126. Can everybody see that? Yes.

MS. PARKER: BY MS. PARKER: Q.

Now, you have I believe here a laser pointer,

correct? A. Q. That is correct. All right. Now, you've identified these three

photographs, but would you do that again using the laser pointer. A. What is the first photograph there?

This first location is the Yellow House Store

at 1904 Mass in Lawrence. Q. And looking at the photograph of the Yellow House

Store in Lawrence, from the street, can you see into the store? A. see in. Q. All right. Can you see into the back of the There are some small windows, but it's hard to

building?

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A. Q.

No. I mean, can you see around the side, see what's

going on in the back? A. There's a privacy fence that goes the length of

the building at the back, so you cannot see in there either. Q. A. Q. A. So, it's a fairly sheltered structure? That is correct. All right. What is the next picture there?

The next picture is the Topeka -- Yellow House

Store in Topeka where Guy Neighbors primarily worked at up until early 2006. Q. All right. And then the last photograph there of

a residence? A. This is the Neighbors residence at 1104 Andover

in Lawrence. Q. All right. And you have indicated -- or it's

been indicated that there were search warrants that were served during the course of this case, correct? A. Q. Multiple search warrants, yes. Which structures were search warrants actually

served at? A. There was a state and federal search warrant

served at 1904 Mass, there was a state and federal search warrant served at 1104 Andover.

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Q.

All right.

The state search warrant served in

December of '05 and the federal search warrant served in July of '06? A. Q. That is correct. Now, exchanging that exhibit for Government's

Exhibit 131, would you tell the court and the jury, identify who these people are? Obviously, the first

person there is this defendant, Carrie Neighbors, correct? A. That is correct, this is a driver's license photo

of Carrie Neighbors. Q. All right. And she predominantly, primarily

operated the Yellow House Store in Lawrence, is that right? A. Q. That is correct. All right. And who's the next person there?

Says Guy Neighbors. A. This will be Guy Neighbors. It's a driver's

license photo of him. Q. All right. And at least until after the first

state search warrant, he operated the Yellow House in Topeka? A. Q. That is correct. All right. And then in the course of your

investigation, did you determine that he changed

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locations and began to work someplace else? A. Q. A. Yes. Where was that? He came back to the Yellow House Store at 1904

Mass in Lawrence. Q. that? A. mother. Q. All right. And in the course of your visits to This is Lois Jackson, which is Carrie Neighbors' The next row there, the first person, who is

the Yellow House, did you see her there? A. Q. A. Yes, I did. How often? On multiple occasions, she was behind the

counter. Q. A. All right. Who's the next person there? He was also at the He's

That's Michael Coffman.

Yellow House Store on one or multiple occasions.

also going to be the one who's registered under the Flatlander 645 eBay seller name. Q. All right. So, the eBay information about

Flatlander 645 is information about his web site, or his eBay site I -- seller I should say? A. Q. His eBay seller name, yes. And then who is the next person there?

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A.

This is Patrick Stanwix.

He worked in the store He was responsible for

during undercover operations. moving washers and dryers.

He also on multiple

occasions was doing packaging and shipping duties while I was in there. Q. And then down there at the bottom row, who's the

person with the longer hair? A. John Cale. He now works at the store. He

left -- he replaced Patrick Stanwix. working in there part-time.

He was also

I never saw him on the

undercover deal, but he was in there at a later point. Q. A. Q. there? A. This is Tony Reyes. This is the source of All right. But during the investigation?

That is correct. All right. And finally, who is the last one

information that contacted us during the undercover operations. He was -- also did mechanic work for Miss

Neighbors at the Yellow House Store. Q. All right. In your trips to the Yellow House,

when you were selling her items, did you deal with anybody except Carrie Neighbors? set a price or write a check? A. Q. No. But they were there? Did anybody else ever

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A. Q.

They were there. What role did they play? What role did Lois

Jackson play? A. Q. A. She worked behind the counter. All right. How about Michael Coffman? He was

I would call him kind of a hang around.

just in there hanging out at the front counter. Q. Okay. And you said Patrick Stanwix mailed things

and moved things? A. Q. Yes. All right. Never had any dealings with him on

the items that you sold? A. Q. A. Q. A. No. All right. Correct. All right. How about Anthony Reyes? Same with John Cale?

Never saw him in there, but did -- do know about

the contact with him during our application for the first search warrant. Q. But he was not working in the store when you were You didn't

in there doing your undercover operations? see him? A. No, I never saw him in there, no. THE COURT:

If you're getting close to a

break point, just so you'll --

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MS. PARKER:

We can do it now.

We have a

number of people to describe. now or we can go ahead. THE COURT:

So, you may want to do it

We'll go ahead and finish that,

but then we can take our -- our break please. BY MS. PARKER: Q. A. Q. Now, Government's Exhibit 130. Yeah. These are pictures of the cooperating witnesses,

correct? A. Q. That is correct. All right. And Lewis Parsons, is that a

cooperator? A. Q. Yes, he is. Is that a person who has been charged with his

participation in this conspiracy? A. Q. A. Q. A. Q. A. Yes. Federally? Yes. All right. No. All right. Norma Payne, who is she? Any promises made to him?

She was another routine seller at Yellow House,

sold a large number of items, typically smaller items. Q. What promises were made to her, if any?

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A. Q. A.

None. Did we promise not to use her? We did, during the initial interview because we

had no direct crimes tied to her at the time, tell her that we would not use any incriminating statements she made during the initial interviews to prosecute her. Q. A. Q. A. Q. A. Q. A. Q. A. Have you given her any benefit since then? No. All right. James Ludwig, we've talked about?

James Ludwig was federally indicted. All right. And he's waiting sentence?

That is correct. All right. No. Michael Aldridge, who's he? Michael Aldridge is currently in custody with the He was in custody Any promises made to him?

Kansas Department of Corrections. during our initial interviews. Douglas County jail.

He was all ready at the

We came upon him because of the

number of checks that we had associated, and through other interviews that he was selling stuff to Carrie Neighbors. We told him that we would not use his

incriminating statements against him. Q. A. Okay. No. Any other agreements made with him?

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Q. A. Q.

But he has not been charged in this case? He has not been charged in this case. Without his statements, did you have evidence to

charge him with anything? A. Q. A. No. Patrick Nieder, who is he? Patrick Nieder was actually in custody also,

Kansas Department of Corrections, when we interviewed him. He was a seller in 2004 to Carrie Neighbors. We

just took -- also agreed since he was all ready in prison not to use his statements against him. Q. Did you have any independent evidence that would

have been sufficient to prosecute him for this case? A. Q. A. No. Stacy Barnes-Catlett, who's she? She is actually another co-defendant. She's all

ready been charged and is in bureau of prisons where she was convicted on this case or pled on this case. Q. All right. And she is agreeing to cooperate in

the hopes that a judge will give her a lesser sentence? A. Q. That is correct. But no deals have been made for any downward

departure, correct? A. Q. That is correct. Who is -- oh, Travis Kaiser, we've all ready

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heard from.

Nicolle Beach, we've all ready heard from.

Going to the bottom row, who is Bradley Byrne? A. Bradley Byrne is currently -- I'm not exactly

sure where he's at, if he's still on probation, in a halfway house, or if he's out right now. We came upon

him through checks and items that were sold, especially in relation to Michael Aldridge. Q. All right. Were Michael Aldridge and Bradley

Byrne working together? A. Q. Yes. All right. What kind of an agreement do you --

do we have with Bradley Byrne? A. Q. We agreed not to use his statements against him. All right. And without his statements, was there

sufficient evidence to proceed to charge him with a crime? A. Q. A. No. All right. Joey Cadenhead, who's he?

He is the cooperating individual on this case

that we developed in June of 2006. Q. And you did make a deal not to prosecute him,

correct? A. Q. On his misdemeanor shoplifting, that is correct. But that was misdemeanor shoplifting charges that

there was sufficient evidence to charge him with,

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correct? A. Q. That is correct. All right. But because he agreed to go in and

actually work, no charges have been filed? A. That -- on those -- on those specific

shopliftings, yes. Q. A. Q. Have there been others? Yes. All right. Did the -- any of the authorities in

this case move to get him a lesser sentence or get him a better sentence in any of his other cases? A. No. In fact, specifically, I worked a case on

him after this, and he was convicted of burglary and theft. Q. A. Q. A. So, no deals were made on that? No. All right. Laura Helm, who's she?

This is an individual that was interviewed early We had no independent

on after reviewing the checks. information. against her. Q. A. All right.

We agreed not to use her statements

Wesley Bateson?

Indicted, convicted, or pled to aggravated He was developed in April

identity theft in this case.

of 2006, and is currently in BOP, and will be testifying

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on this case. Q. All right. Again, no deals have been made, but

he's testifying in the hopes of getting a lesser sentence from a judge? A. Q. That is correct. All right. And then finally Marcus Crawford,

who's he? A. Marcus Crawford is currently in federal custody

on a case that we worked on him while I was in the drug unit unrelated to this. He was interviewed while in

custody because of his dealings with Miss Neighbors prior to going into custody, and we agreed not to use his statements against him since he was all ready in custody. Q. All right. MS. PARKER: Your Honor, that would conclude

our questions about this one. THE COURT: We'll go ahead and take a recess Please remember your

at this time, jury members.

admonition which is that no one's to talk to you, and even among yourselves, you can't speak about the case. Take about a 15 minute recess. (3 PM, jury left.) THE COURT: MS. PARKER: Court stands in recess. I'm sorry, Your Honor, I didn't Thank you.

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hear you. THE COURT: MS. PARKER: Court stands in recess. Oh, thank you. Proceedings

(Whereupon court took a recess. then continued as follows: and jury returned.) THE COURT: MS. PARKER: BY MS. PARKER: Q. Please continue.

3:20 PM, court

Thank you, Your Honor.

Officer Rantz, before we took the afternoon

break, we were talking about the cooperators. A. Q. Yes. The cooperating witnesses in this case. And I

think I rushed through a couple of 'em a little too quickly, so I want to go back. of all, to Joey Cadenhead. A. Q. Yes. And you indicated that the only thing that you I want to go back, first

would have been able -- you believed that Joey Cadenhead was charged with were misdemeanor theft cases, correct, in the state court? A. Q. Yes, without his statements, yes. Without his statements. So, by agreeing not to

use his statements against him, did that mean that state and federal felony charges or getting charged in this,

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in your opinion, would not have been possible because there was not sufficient evidence? A. Q. A. Q. That is correct. All right. Yes. And the agreement that was made with Mr. Bateson. And you talked about Wesley Bateson.

He is currently in federal prison on an ID -- identity theft related case, correct? A. Q. Correct. All right. And that is identity theft arising

from some of the activity that occurred in this case? A. Q. Yes. All right. But you also said that, as I

understand it, you actually did put another case on Mr. Bateson? A. Q. A. Q. On Mr. Byrne. I'm sorry, Mr. Byrne? Yes. Okay. I had those wrong. What kind of a case

was Mr. Byrne charged with? A. It would have been probably 2007, 2008, after the I

second sets of search warrants on Yellow House.

worked an independent investigation on Mr. Byrne where I arrested him and charged him with possession of methamphetamine and forgery for a set of financial

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documents, credit cards, ID's and checks that he had in his possession. Q. And those were charges that were completely

unrelated to the Yellow House investigation, correct? A. Q. That is correct. All right. And did you make any deals with him

in those cases or give him anything to get him to testify in this case? A. Q. No. Thank you. Now, you made contact with the Yellow

House as a cold call, I think you said? A. Q. A. Q. That is correct. All right. And when was that?

Would have been October 26th, 2005. All right. And when you went to the Yellow House

in October 26th, how were you dressed? A. Q. I would have been dressed as Russ Williams. All right. And when you got there, did you make

contact with anyone? A. Q. A. Q. Yes, I did. Who? Carrie Neighbors and Lois Jackson. Were you -- did you have your recording devices

with you? A. Yes.

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Q. A. Q. A. Q. there? A.

All right. Yes. All right.

And you recorded the conversation?

Did you speak with both of them?

In casual conversation, yes. All right. And what was your purpose for going

I wanted to do a walk through of the business and I wanted to have an idea if there

see how it laid out.

was just new merchandise sitting on shelves or laying out everywhere or just really kind of how things worked and how the business kind of laid out in case I needed to get out of there in a hurry. Q. All right. But you wanted to see the kind of

merchandise that someone could walk in off the street and buy; is that also a reason? A. Q. Yes. All right. And how would you describe the kinds

of merchandise that the Yellow House in Lawrence had for sale there in October when you went the first time? A. The majority of the items that I saw setting out I walked around the store. I didn't know if

would have been used items.

I saw very few new items setting out.

they weren't there or they were being kept out of sight. Q. All right. But you didn't see a whole lot of new

in the box items?

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A. Q.

That is correct. Now, was there a discussion that you had with

either Carrie Neighbors or somebody else there about what they'd buy, what they wouldn't buy? A. Q. A. Q. I did. Who did you have that conversation with? Carrie Neighbors and Lois Jackson, her mother. All right. And just -- what was the gist of that

conversation? A. I told them that I had a new drill, a Black & I was advised that

Decker drill that I wanted to sell.

they would rather buy -- Yellow House would rather buy De Walt or Makita tools because they're more expensive, they're a better brand of tool. I also had a discussion I was advised

of what kind of store they actually were.

that they are a secondhand store, not a pawn shop. Q. And did the statement that they were a secondhand

store and not a pawn shop have any significance for you? A. Q. A. Yes, it did. What was that significance? Pawn shops are regulated by state law on what

they must report, that they must take your ID, they generate pawn slips at the time. They're also -- in the

city of Lawrence, if you take something to a pawn shop, not only they get your ID and address, they generate a

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pawn slip that shows what they gave you for the item, what the item is, and what the location of the pawn shop is. Q. Okay. Now, let me stop you here. On this form,

it has picture ID information? A. Q. It has a driver's license number, yes. All right. What if you don't have a driver's

license? A. You're not going to be able to sell anything at a

pawn shop. Q. All right. But you had -- so, they take driver's

license number, they take a name and address, correct? A. Q. A. Q. That is correct. Then they have to verify that with their ID? Yes, they have an ID that they have to present. All right. And then the -- the description of

the item that's being pawned or sold is also contained on that slip? A. Q. That is correct. All right. And then the name and address of the

store is on that slip? A. Q. Yes. What happens to the information on that slip?

Does it just go into the pawn shop records? A. One slip is given to the customer who pawns the

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item, another one is kept by the store.

More

importantly, though, they then log the information into a data base -- computer data base which law enforcement in Lawrence are able to access. So, let's say for

instance, I had a De Walt tool that I wanted to look for specifically that would have been stolen, I would be able to go to the pawn shop icon in our department computers, pull that up and put in De Walt tool, and it would give me a list and date of every location a De Walt tool had been sold to a pawn shop. Q. So, there are extensive record keeping

requirements for a pawn shop? A. Q. That is correct. All right. And then some of those records that

are kept, some of the information in those records is actually then put on a data base which is accessible by the police department from their own computers? A. Q. Yes, there are city ordinances, yes. And have you worked rob-- or stolen property

cases where property has been found at pawn shops? A. Q. Yes. And in those cases, when the item -- the stolen

item was actually identified as being at a pawn shop, what happened to it? A. We would go to the pawn shop, seize it, then the

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pawn shop would have a claim in court about the money that basically they paid for the item against. Q. A. A claim against who? Against -- claim against whoever sold it to 'em

if it ended up being stolen. Q. All right. But the pawn shop was not paid when

that item was -- was actually seized by the police? A. Q. That is correct. All right. So, if they can't collect it from the

crook, they don't -- they just lose their money? A. Q. That is correct. All right. But in your experience selling things

at the Yellow House, were any records like that kept? A. Q. No, not when I was dealing with her, no. Was any information actually transmitted

electronically from the Yellow House about items that they bought to the police department? A. Q. No. So, the record keeping was far different at the

two shops -- two types of stores? A. Q. That is correct. Now, the first time when you went to do this walk

through, were you wearing your recording equipment? A. Q. Yes. I'm going to show you Government's Exhibit 129.

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What's that? A. This is a DVD copy of the audio/video at the --

what I term as the walk through of Yellow House. Q. A. Q. And what's the date on that? It would be 10/26/05. All right. And show you Government's Exhibit 129 What's that?

T R for transcript. A. Q.

This is a transcript of the undercover operation. All right. And have you reviewed both the DVD

here and the transcript for accuracy? A. Q. Yes. And does this transcript accurately reflect the

conversation that was recorded on Government's Exhibit 129? A. Q. It appears to, yes. And are the information in here, the audio and

the video of that walk through, correctly and accurately recorded on 129? A. Yes. MS. PARKER: Your Honor, at this time the

government would offer Government's Exhibits 129 and 129 T R. MR. DUMA: THE COURT: No objection, Your Honor. At this time court admits

Exhibits 129 and 129 T R.

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MS. PARKER:

And with the court's

permission, the combined DVD and transcript have been loaded into one of the government laptop computers, and we would like to now publish that -- these two exhibits in that form to the jury. THE COURT: Since the exhibits have been

admitted, at this time without objection, please present it to the jury. (Exhibit being played to the jury.) BY MS. PARKER: Q. A. Is that the sound of you walking? That -- that's going to be my sleeve rustling Typically, what you'll have in each

against the mic.

undercover operation is me basically giving a lead-in to what I'm going to be doing, but you'll hear a lot of scratch sounds like wind noise sometimes. What that is

is the mic that's on the inside of my jacket rubbing against my shirt. (Exhibit being played.) BY MS. PARKER: Q. Does that conclude the exchange between you and

the defendant? A. Q. A. Yes. That last part is just you talking? That last part's just me going out talking.

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Q.

Now, where did you park when you went into the

Yellow House, 'cause it seemed like you were walking forever? A. I did. I parked behind a Quik Shop that was

there at -- would be the northeast corner of 19th and Mass. Q. Now, I noticed that the video flutters a lot.

Why is that? A. On this particular video, there was -- I don't

know if you noticed when I pulled the camera out, there's a connection, and we think what happened is the connection was loose. try to alleviate that. Q. Does the video quality improve on other recorded We ended up taping it later on to

conversations later? A. Q. Yes. All right. And I noticed that on this one, there

were no -- other than the pictures where Stanwix -Patrick Stanwix was in the frame, there were no other people in the frames. A. There was. Why was that?

There was Carrie Neighbors and Lois

Jackson. Q. I just apologize. I was having a hard time

seeing it. A. Yeah, that's who's standing behind the counter.

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Q. A. Q.

All right.

And this was on October the 26th?

That is correct. All right. And after you did the -- this walk

through and you got in kind of an idea of how the store laid out and how things worked? A. Q. A. Q. day? A. Q. A. Q. A. That is the next day, yes. And what time did you go? 12:15 PM. And what did you take with you? I took a new Black & Decker drill and a new Yes. When was the next time you returned? On October 27th, 2005. All right. Now, October the 27th was the next

graphing calculator. Q. Going to show you Government's Exhibit 1.2 and What is 1.2? What's depicted

Government's Exhibit 1.3. there? A.

1.2 is the Black & Decker cordless drill out of

the box, so that you could see what it was. Q. A. All right. And 1.3, what's that?

It is a digital photo of the Texas Instruments

graphing calculator. Q. All right.

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MS. PARKER:

Your Honor, at this time the

government offers Exhibits Buy 1.2 and Buy 1.3. THE COURT: MR. DUMA: Any objection? No objection, Your Honor. Thank

THE COURT: Exhibits 1.2 and 1.3. MS. PARKER: BY MS. PARKER: Q. Okay.

At this time the court admits

Can we switch back?

Now I've put up on the overhead Is that the drill you were

Government's Exhibit 1.2.

taking back to the Yellow House the next day? A. Q. A. Q. Yes, except it's out of its box. But did it have its own box? Yes. And could you put it back in and it would be

obvious that it was a new item? A. Q. Yes. All right. Government's Exhibit 1.3, that's the

calculator? A. Q. A. Q. Yes. All right. Yes. And you took those to the Yellow House. About And that's all ready packaged up?

what time did you go that day?

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A. Q.

12:15 PM. All right. Was there any particular significance

to the time that you chose to go? A. The decision was made to try do the undercover

operations earlier in the day where we suspected there would be less people in there, less chance of me being compromised by somebody recognizing me. Q. All right. Is it also easier sometimes to get

good audio if there aren't a lot of people milling around a particular place? A. Q. That is correct. And did you -- when you went, did you go with

your audio and your video recording again? A. Q. A. Q. Yes. Recording devices again? Yes. Let me show you Government's Exhibit Buy 1.1.

You recognize that? A. Yes, this is the DVD copy of the audio and video

combined. Q. And have you reviewed that, and is it accurate in

every respect of the encounter that you had on that date? A. Q. Yes. And I'm going to show you Government's Exhibit

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Buy 1.1 T R. A.

What's that?

This is the transcript of the undercover

operation. Q. All right. And have you reviewed that along with

the tape to determine whether or not the transcript accurately reflects the spoken word? A. Q. A. Yes. And does it? Yes. MS. PARKER: Your Honor, at this time the

government offers Buy -- Government's Exhibit Buy 1.1 and Buy 1.1 T R. THE COURT: MR. DUMA: THE COURT: Any objection? No objections. At this time the court does

admit Exhibits 1.1 and 1.1 T R. BY MS. PARKER: Q. And when you went back to the Yellow House there

on the 27th of October, who was in the store at the time? A. Q. A. Carrie Neighbors was. Alone? I don't recall if there were additional people in

there or not. Q. But you did make contact with her?

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A. Q.

Yes. All right. And when you made contact with her,

what was the substance of the conversation between you? A. I was just trying to build rapport with her at

this point -- this point, and see how she bid the items that I was taking in, how if she did ID people, or if she simply just bid the item, wrote a check. basically trying to see how it worked. Q. A. Q. This actual sale? An actual sale, yes. There hadn't been any sales when you did your I was just

walk through the day before, correct? A. Q. No. All right. Show you Government's Exhibit 1.4.

What is that? A. This is a copy of the Commerce Bank check written

to Russ Williams on October 27, 2005 for $60. Q. A. Q. All right. And who signed that check?

Carrie Neighbors. All right. MS. PARKER: Your Honor, at this time

government offers Exhibit Buy 1.4. THE COURT: MR. DUMA: THE COURT: Any objection? No objections. At this time court admits

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Exhibit Buy 1.4. BY MS. PARKER: Q. All right. Now, this Exhibit Buy 1.4 I've got up

here on the overhead, and it shows the Check 13807 was issued on 10/27 of '05, correct? A. Q. That's correct. All right. And do you recognize the signature on

that check? A. Q. A. Q. A. Q. A. Q. Yes. Whose is it? That's Carrie Neighbors. Did she sign it in your presence? Yes. All right. And it's a check for $60, correct?

That's correct. Do you know the retail value of the two items

that you took, the drill and the calculator? A. Q. It was approximately $160. All right. And this is a check for $60. Is that

a number you chose, or how did this price -- how was this arrived at? A. Basically, we negotiated the price. It started

off I believe as $40 for the calculator and $10 for the drill. Q. I agreed to sell her both items for $60. All right. Now, this is a check that's made out

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in the name of Russ Williams. got on that check? A. Q. A. Q. A. Q. A. Q. A. Q. She asked me. Asked what you --

Do you know how that name

What name I wanted on the check. All right. Correct. And was that -- that wasn't your true name? Correct. Did she ask you for any identification? No. Did she ask you for any proof of ownership of And you gave her Russ Williams?

these two new items? A. Q. No. Was the conversation with Carrie Neighbors on

10/27 of '05 -- it was recorded on that DVD we've just -- you've just identified? A. Q. Yes. All right. MS. PARKER: Your Honor, at this time the

United States requests permission to publish the contents of that DVD and transcript to the jury. THE COURT: So granted. I do have a

question in regards to the length of that, if you know. I'm just curious each time we play these in regards to

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that. MS. PARKER: We have two pages of

transcript, so it does not appear that this will last very long. This is an eight-minute and 26 second DVD,

so there must be a lot of walking. THE COURT: That's fine. Again, I'm just

interested in knowing prior to it being played how long it is, though. MS. PARKER: of them. THE COURT: Please. And we can do that for each one

(Exhibit being played.) BY MS. PARKER: Q. Officer Rantz, why is there so much walking and

driving? A. Well, initially, where we were staged at, we were We didn't want -- didn't want to be Once we saw how things worked,

too far away.

compromised initially.

you'll get to see as the undercover operations progress, it gets to a point where I'm literally parking three or four houses away, doing my lead-in, and then pulling right in the driveway. Q. A. Q. These lengthy lead-ins won't continue? That is correct. Now, Officer Rantz, I think you testified earlier

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that there was some negotiation going back and forth? A. Q. A. Q. A. Yes. And originally, she said 20 and 20? No, she said 40 and 10. Oh, 40 and 10? And I negotiated 40 for the calculator and 20 for

the drill. Q. A. Okay. And was that on the -I think it's in a

Yeah, it's very mumbled.

section that it's unintelligible, 'cause when I say 60 as a package deal, she goes fine and turns around. Q. way -MS. WALTON: BY MS. PARKER: Q. I didn't know if there was a way to do it here. My apology. So, the check was -- can we -- is there some

The check that was actually given to you on that day on 10/27 is actually for $60? A. Q. That is correct. And so, the portion where there's a little

negotiation going on is just unintelligible on the tape? A. Q. Yes. Okay. Now, did you then go back and check the

eBay site? A. Yes.

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Q.

All right.

How soon after you made that sale did

you go check the eBay site? A. Q. 1.5. A. Directly after. All right. What is that? This is the eBay posting for the Black & Decker Show you Government's Exhibit Buy

drill under Yellowhair Bargains. Q. A. Q. All right. And Exhibit Buy 1.6, what is that?

It's the posting of the graphing calculator. All right. And are these postings that were made

that you recognized as being postings relating to the items you had just sold Carrie Neighbors? A. Q. A. Q. Yes. Or you sold her on the 27th? Yes. All right. MS. PARKER: Government offers Government's

Exhibit Buy 1.5 and Buy 1.6. THE COURT: Exhibit 1.5 and 1.6? MR. DUMA: THE COURT: Exhibit 1.5 and 1.6. BY MS. PARKER: Q. Now, I'll put up here first Government's No, Your Honor. At this time court does admit At this time any objection to

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Exhibit 1-- Buy 1.5. drill? A. Q.

And this is a posting for the

That is correct. And does it show when it was actually placed on

eBay for bids? A. Q. Yes, October 31st, 2005. All right. And what date did you actually sell

it to her? A. Q. It was sold on 10/27/05. So, when you went back to the office to check it,

did you find it at that time? A. Q. A. No. All right. So, you didn't find this until when? We just

It would have been a couple days later.

mon-- we just periodically monitored the site. Q. If you look down here at the bottom of this page,

do you see here there is Black & Decker new and then a date of 11/1 of 2005? A. Q. A. Yes. Do you know what that 11/1/2005 signifies? 11/1 is when we could have printed a copy of the

screen shot. Q. So, at least by then, you knew that the Black &

Decker drill was being advertised on the eBay? A. That is correct.

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Q.

All right.

And again, it's the Yellow House

Bargains, correct? A. Q. Correct. And Yellowhair Bargains is the address or the ID

that goes back to Carrie Neighbors? A. Q. Correct. Now, there are three pages to this posting.

There's the first page that has the information about it on it, about the time and how much they're asking, and how long the sale is up for, and what the current bid is, correct? A. Q. A. Correct. All right. The second page is what?

It's an actual photo of the front of the box and

gives specific information about the drill. Q. A. And then the third page of this, what is that? This is when you print the third page off, it

shows additional items that are being sold on that web site. Q. A. Q. All right. Or on that eBay page. All right. And this shows that men's jeans were

being sold -- two different sizes of men's jeans, correct? A. Correct.

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Q. A. Q. A. Q.

A gift card, a merchandise card? Correct. Worth how much? $96. And then can you see the other one, the other

picture there? A. Q. Electronic entry lock it looks like. And then there was information about how you

could pay? A. Q. That is -- or how could it be shipped. All right. There's payment methods as well,

payment methods accepted? A. Q. Correct. All right. And then the last page is just some

more information about the purchase, if you make it? A. Q. Correct. And is this type of posting -- four page posting

pretty standard for all of the items that you saw that were posted on the eBay account ending site? A. Q. Yes. The Yellow House eBay site? Show you

Government's Exhibit 1.6, Buy 1.6, that is the posting for the calculator? A. Q. That is correct. All right. What's the date that that was posted?

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A. Q. A. Q. A. Q. A. Q. A. Q.

October 27, 2005. The day you sold it to her? Correct. All right. And what time was it posted?

11/21, pacific. I'm sorry? 11/21, looks like pacific standard time. Pacific standard or daylight? Pacific daylight time I guess, P D T. But shortly after you sold it, this got right on

the eBay? A. Q. Correct. All right. THE COURT: Hold on a second. Yes, sir?

UNIDENTIFIED JUROR: little bit? It was -MS. PARKER: like that the whole time? UNIDENTIFIED JUROR: BY MS. PARKER: Q.

Could we focus that a

Oh, I'm sorry, yeah.

Was it

Thanks.

There you go.

Let's go back over this again.

Here, we have the

start time, October 27th, correct? A. Q. A. Correct. And the time, 11:21.05 P D T? Correct.

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Q. time. A. Q.

All right.

And that is 11:21 pacific daylight

Do you know if that's AM or PM? That's AM. So, that would have been about 1:21 Kansas City

time, assuming the pacific daylight time is two hours ahead of central daylight time? A. Q. Correct. And again, we have the identification of the

seller is Yellowhair Bargains? A. Correct. MS. PARKER: Your Honor, we have the next Would

video that's about six and a half minutes long. you like us to go ahead with that? THE COURT: MS. PARKER: Exhibit Buy 2.1. THE COURT: ready? MS. PARKER: And what exhibit is that?

That would be Government's

And that's been admitted all

No, that has not been admitted,

but before we got into it, I wanted to let you know the play time of that plus there would be the setting up the foundation testimony. THE COURT: With the time-frame that you

told me, I would ask you to continue. BY MS. PARKER:

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Q.

What was the next date, Officer Rantz, that you

went to the Yellow House? A. Q. October 31st, 2005. All right. And that is about three days after

you made your first sale there, correct? A. Q. A. Q. A. Q. A. Four days, yes. Four days. All right.

Four days after Buy Number One, yes. And when you got there, who was there? Miss Neighbors was. Anybody else that you remember? I don't recall. There were people in and out

each time. Q. A. Q. A. Q. that? A. It is a digital photograph of the outside of the What did you take with you? A new Apple iPod Shuffle. All right. That's it. Show you Government's Exhibit Buy 2.2. What's Anything else?

Apple iPod Shuffle. Q. A. And Exhibit Buy 2.3, what's that? It's a photograph of the serial number on the

outside of the iPod Shuffle box. MS. PARKER: The United States offers Buy

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2.2 and Buy 2.3. THE COURT: MR. DUMA: THE COURT: Any objection? No objection. At this time court admits

Exhibits Buy 2.2 and 2.3. BY MS. PARKER: Q. up. A. All right. Let me put Government's Exhibit 2.2

What was that a photograph of? Yeah, it's a photograph of the Apple iPod

Shuffle. Q. was? A. Q. 99.99. Show you Government's Exhibit Buy 2.3. What is Do you know what the retail value of that item

this a photograph of? A. Q. It shows the serial number for the iPod Shuffle. Why did you care about recording the serial

number of the iPod Shuffle? A. Because we knew at one point, we were going -- if

the investigation continued, we wanted to have the serial number listed in case we seized that item back, and also, we had not made the determination of whether or not we were going to try to buy that item back. Q. All right. And when you got there, did you make

contact with Mrs. Neighbors?

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A. Q. A. Q. A. Q. 2.1. A.

Yes, I did. All right. And did she buy it?

Yes, she did. And was that transaction also recorded on DVD? Yes, it was. All right. What is that? It's the DVD compilation of the audio and video Show you Government's Exhibit Buy

from the undercover operation. Q. A. Q. A. Q. A. Q. You've reviewed that for accuracy? Yes. And is it accurate? Yes. And what is Government's Exhibit Buy 2.1 T R? It's the transcript of the undercover operation. All right. And again, have you reviewed that for

accuracy? A. Q. A. Yes. And is it accurate? Yes. MS. PARKER: Your Honor, at this time United

States would offer Government's Exhibit 2.1 and -- Buy 2.1 and Buy 2.1 T R. THE COURT: MR. DUMA: Any objection? No, Your Honor.

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THE COURT:

At this time the court does

admit Exhibit Buy 2.1 and Buy 2.1 T R. MS. PARKER: And government would request at

this time to be allowed to publish that to the jury. THE COURT: Please do so.

(Exhibit being played.) BY MS. PARKER: Q. Now, I'm going to show you what's been marked as What is that?

Government's Exhibit Buy 2.4. A.

This is the check that was issued to me by Carrie

Neighbors for the iPod Shuffle. Q. A. Q. And how much is that check for? $40. I show you what's been marked as Government's What is that?

Exhibit Buy 2.5. A.

This is the eBay posting for the iPod Shuffle. MS. PARKER: Your Honor, at this time

government offers Exhibits Buy 2.4 and Buy 2.5. THE COURT: MR. DUMA: THE COURT: Exhibits 2.4 and 2.5. BY MS. PARKER: Q. Okay. Now I'm going to display on the overhead That's the checks that Any objection? No objections. At this time the court admits

Government's Exhibit Buy 2.4.

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Carrie Neighbors gave you that day for the iPod Shuffle? A. Q. A. Q. Yes. And what was the retail price? 99.99 at Target. All right. There was in the video a time when

the defendant was standing in front of a square thin object that looked like it was black. A. Q. A. That's a computer monitor. Could you tell what she was doing? I -- I don't know what was on the other -- what What was that?

she was looking up, but it appeared consistent that she was looking up the iPod Shuffle to see what she could buy it for on line. Q. A. Q. buy? A. Q. A. Q. that? A. Q. The eBay posting for the iPod Shuffle. All right. That is an iPod Shuffle that is 11 AM. 11 o'clock. Is that central daylight time? And that's when she came back and said it's $78? Yes. Now, what time of day did you go for the second

Uh-huh, yes, it is. Show you Government's Exhibit Buy 2.5. What is

consistent with the look of the one you sold her?

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A. Q. A. Q. when? A. Q.

That is correct. Did you buy this back? No, I did not. Now, this shows that this was posted on line

October 31st, 2005 at 12:43. All right. So, approximately three hours after

you sold it to her, it was on line all ready being bid on? A. That is correct. MS. PARKER: five and a half minutes. Your Honor, the next video is If you would like us to stop,

we can stop here, or we can play it. THE COURT: MS. PARKER: BY MS. PARKER: Q. When was the next time that you went back to the We'll go ahead and continue. Thank you.

Yellow House? A. Q. A. Q. then? A. Q. I did. Now, each time you went, I think we've covered November 3rd, 2005. How many days after the second buy? Been three days. All right. And did you take some items to sell

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this, but I wanted to do it again, you were always dressed like that mannequin standing behind you there? A. Q. In the exact clothes, yes. All right. And you were always wired for sound

and sight? A. Q. Yes. All right. What did you take to sell on this

third visit? A. Q. Two iPod Shuffles and a new electric toothbrush. All right. And where did you get the two iPod

Shuffles and the electric toothbrush? A. Q. sound? A. Q. that? A. This is a digital photo of the two iPod Shuffles Yes. Show you Government's Exhibit Buy 3.2. What's From Target. All right. And again, you were equipped with

that I took in. Q. A. Okay. Government's Exhibit Buy 3.3, what's that?

This is a photograph of the serial number of one

of the iPod Shuffles. Q. A. Q. Exhibit Buy 3.4? And this is the -I'm sorry, 3.5 I believe.

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A.

Yes, 3.5.

It's a photograph of the other serial

number on the iPod. Q. All right. And finally, Government's Exhibit Buy

3.6, what's that? A. This is actually two electric toothbrushes. I

got two at one time from Target, but I only took one of them in on this occasion. Q. All right. MS. PARKER: And at this time the government

offers Government's Exhibits Buy 3.2, Buy 3.3, Buy 3.5 and Buy 3.6. THE COURT: In regards to Government's

Exhibits 3.2, 3.3, 3.5 and 3.6, any objection? MR. DUMA: THE COURT: admitted. BY MS. PARKER: Q. 3.2. Show on the overhead Government's Exhibit Buy Is this a photograph of the two Apple iPod No, Your Honor. At this time those exhibits are

Shuffles you took in that day? A. Q. time? A. Q. Yes. All right. And how many days after you had sold Yes, it is. All right. And you took both of 'em at the same

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her the first iPod Shuffle did you take these in? A. Q. Three. And Buy 3.3 and 3.5 are just photographs of the

serial numbers of these items? A. Q. That is correct. The two Apple iPods. And you recorded those

serial numbers why? A. In case we were either going to buy them back off

eBay or if they were located in a possible search warrant. Q. back? A. Q. A. No. Buy 3.6, what's that a photograph of? It's a photograph of the two Sonicare electric All right. And did you buy either of these items

toothbrushes. Q. A. Q. All right. And you took only one this time?

Only -- yeah, that's correct. When you got to the Yellow House that day, about

what time did you arrive? A. Q. 11 AM. You consistently went fairly early in the

business day, correct? A. Q. That is correct. And that was because?

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A.

Just to limit the possible exposure of number of

people who might be in there. Q. day? A. Q. Yes. And Government's Exhibit Buy 3.1, have you And did you audio and video record the buy that

reviewed that for accuracy? A. Q. Yes. And is that an accurate recording of both the

video and the audio portion of your contact with Mrs. Neighbors that day? A. Q. Yes. Government's Exhibit Buy 3.1 T R, transcript of

that conversation? A. Q. A. Q. A. Yes. And have you reviewed it for accuracy? Yes. And is it? Yes. MS. PARKER: Your Honor, at this time the

government would offer Government's Exhibit Buy 3.1 and Buy 3.1 T R. THE COURT: MR. DUMA: THE COURT: Any objection? No, Your Honor. At this time court admits

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Exhibit Number 3.1 and 3.1 T R. BY MS. PARKER: Q. Now, of the three items that you took in that

day, the two Apple iPods and the Sonicare toothbrush, do you know what the retail value of those items at Target was that day? A. Q. Yes, $268.97. All right. And who did you make contact with

that day? A. Q. Carrie Neighbors. All right. MS. PARKER: Your Honor, at this time the

government would request permission to publish to the jury Government's Buy 3.1. THE COURT: Please do so.

(Exhibit being played.) BY MS. PARKER: Q. And how much did she pay you for the two Apple

iPods and -- the Apple iPods and the Sonicare toothbrush? A. Q. that? A. This is the check -- copy of the check that was $110. Show you Government's Exhibit Buy 3.7. What's

written to me for the iPod -- two iPods and the

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toothbrush. Q. A. Q. A. Q. Show you Government's Exhibit 3.8. It's eBay posting for iPod Shuffle. Exhibit 3. -- Buy 3.9, what is that? It's another posting for another iPod Shuffle. And finally, Government's Exhibit Buy 3.10, what What is that?

is that? A. It's a posting for a Sonicare toothbrush. MS. PARKER: Your Honor, at this time the

government offers Buy 3.7, Buy 3.8, Buy 3.9 and Buy 3.10. THE COURT: MR. DUMA: THE COURT: Any objection? No, Your Honor. At this time the court admits

Exhibits 3.7, 3.8, 3.9 and 3.10. BY MS. PARKER: Q. And Government's Exhibit Buy 3.7 that's up on the

overhead now, that is the check for $110? A. Q. Yes. And what did you say the retail value of those

items was? A. Q. $268.97. Did you ever try to talk her into giving you more

money for items like this? A. Umm, I think I negotiated from 10 to 20 on the

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drill. Q. what? A. Q.

Umm, if I did, it was only slight increases. Government's Exhibit Buy 3.8, that was for the

It's eBay posting for iPod Shuffle. All right. And Exhibit 3.9 is also a posting for

an iPod Shuffle, correct? A. Q. That is correct. All right. And how can you tell that this is not

the same iPod Shuffle? A. Based on the item number that is in the upper

right-hand corner. Q. All right. And the item numbers are different

indicating that these are two different iPod Shuffles that are being sold? A. Q. That is correct. All right. And the iPod Shuffle in Buy 3.8, when

was that posted? A. Q. A. Q. A. Q. It was posted on November 3rd. What date? 2005. What date did you sell it to her? November 3rd. And the second iPod Shuffle shown in Buy 3.9,

when was that posted? A. November 3rd, 2005.

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 278

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Q. 'em? A. Q. that? A. Q. A. Q.

Again, within hours of the time that you sold

Yes. Finally, Government's Exhibit Buy 3.10. What's

It's a Sonicare toothbrush. All right. And that was posted when?

November 3rd, 2005. And on the second page of that, there is some What's that?

handwritten information. A.

On the Sonicare toothbrush, I wanted to be able

to see if she was -- actually had these photographs that were being posted all ready in a file or if she was actually taking a photo of the item I was selling her. On the Sonicare toothbrush, there was a small icon up above the E. It was a trademark register. What I did

was took a Sharpie, I colored it in black so that if the -- I would be able to tell if that picture was posted, if that was actually the toothbrush that I had sold. Q. All right. And the notation on there is black What's L 68?

dot put on by L 68. A. Q.

L 68's my badge number. All right. So, that was your notation that you

did that actual coloring in yourself?

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 279

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A. Q.

That is correct. And so, the black dot on that Sonicare logo told

you that this was an actual photograph of the item that you had sold to Mrs. Neighbors on November the 3rd? A. That is correct. THE COURT: we would please. Stopping point at this point, if

Jury members, please remember your

admonition which is a little bit different in the evening, which is that no one's to talk to you about the case. If they do, please let us know. Also, it's not

proper for anyone to do any type of independent research or investigation. Again, the only place you'll receive Also, disregard And that

evidence is here in the courtroom.

anything in the media from whatever source.

includes participating in any type of social media. Finally, as you head back to your vehicles, even among yourselves, you can't talk about the case in any shape, way, or form. And again, that includes any Have

conversations that would take place at your homes.

everyone back tomorrow morning same time a little bit before 9 o'clock. Thank you.

(4:35 PM, jury left.) THE COURT: Court stands in recess.

(Whereupon, court recessed proceedings.)

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 280

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 S/_______________________________ Nancy Moroney Wiss, CSR, CM, FCRR I, Nancy Moroney Wiss, a Certified Shorthand Reporter and the regularly appointed, qualified and acting official reporter of the United States District Court for the District of Kansas, do hereby certify that as such official reporter, I was present at and reported in machine shorthand the above and foregoing proceedings. I further certify that the foregoing transcript, consisting of Day Two - Jury Trial - Pages 1-280 is a full, true, and correct reproduction of my shorthand notes as reflected by this transcript. SIGNED March 4, 2011. C E R T I F I C A T E

NANCY MORONEY WISS, CSR, RMR, FCRR