day 4 trial of carrie neighbors
TRANSCRIPT
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
1/168
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
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
50
UNITED STATES DISTRICT COURTDISTRICT OF KANSAS
UNITED STATES OF AMERICA, Docket No. 07-20124
Plaintiff, Kansas City, Kansas
Date: 9/16/10v.
CARRIE NEIGHBORS,
Defendant....................
TRANSCRIPT OFJURY TRIAL - DAY FOUR
BEFORE THE HONORABLE CARLOS MURGUIA,UNITED STATES DISTRICT JUDGE.
APPEARANCES:
For the Plaintiff: Marietta ParkerAsst. US Attorney360 US Courthouse500 State AvenueKansas City, KS 66101
For the Defendant: John Duma
Attorney at Law303 E Poplar StreetOlathe, KS 66061
Court Reporter: Nancy Moroney Wiss, CSR, RMR, FCRROfficial Court Reporter558 US Courthouse500 State AvenueKansas City, KS 66101
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
2/168
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
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
50
I N D E X
GOVERNMENT'S WITNESSES:John Rea
Direct Exam by Mr. Oakley 514Cross Exam by Mr. Duma 522
Re-Direct Exam by Mr. Oakley 525Joey Ray Cadenhead
Direct Exam by Ms. Parker 527Cross Exam by Mr. Duma 569Re-Direct Exam by Ms. Parker 584
Shannon RiggsDirect Exam by Ms. Parker 589Cross Exam by Mr. Duma 595
Amy PriceDirect Exam by Mr. Oakley 598
Jay BialekDirect Exam by Mr. Oakley 602
EXHIBITS: OFFERED RECEIVEDCI 1.6 556 557CI 2.6 560 560CI 3.5 568 568Govt's 155, 155 TR 600 601Govt's 156, 156 TR 593 593Govt's 157 606 606Govt's 158 611 611Govt's 159 562 562Govt's 160 614 614
Govt's 161 617 617Govt's 162 618 618Govt's 163 619 619Govt's 164 619 620Govt's 165 623 623Govt's 166 624 624Govt's 167 623 624Govt's 168 625 625Govt's 169 626 626Govt's 170 630 631Govt's 171 631 631Govt's 172 632 632
Govt's 173, 174 632 633Govt's 175 633 634Govt's 176 634 634Govt's 177 620 620Govt's 178 637 637Govt's 179 638 638Govt's 180.1 639 639Govt's 180.2 641 641Govt's 181 642 642
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
3/168
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
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
50
EXHIBITS: OFFERED RECEIVEDGovt's 182 643 643Govt's 183 644 644Govt's 184 645 645Govt's 186 648 648Govt's 187 650 650
Govt's 188 651 651Govt's 189 652 652Govt's 190.1, 190.2 652 652Govt's 191 653, 656 654, 656Govt's 192 656 656Govt's 193 657 657Govt's 195 658 659Govt's 196 661 661Govt's 197.1, 197.2 662 662Govt's 198 663 663Govt's 199 664 664Govt's 200 664 664Govt's 201 665 666Govt's 225.1 518 518Govt's 225.2 519 519Govt's 225.3 520 520Govt's 225.4 521 521Govt's 226 645 645Govt's 228 635 635Govt's 235 628 628Govt's 236 629 629Govt's 237 623 623Govt's 238 621 621
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
4/168
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
09:25:37
09:25:39
09:25:40
09:25:41
09:25:43
09:25:47
09:25:50
09:25:53
09:25:56
09:25:59
09:26:02
09:26:07
09:26:11
09:26:16
09:26:22
09:26:27
09:26:33
09:26:35
09:26:39
09:26:41
09:26:45
09:26:50
09:26:51
09:26:52
09:26:56
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
50
THE COURT: Thank you. We're getting ready
to call back the jury unless there's anything that needs
to be brought up.
MS. PARKER: Your Honor, this morning,
Mr. Duma provided to the government a copy of a
recorded -- a telephone call that Mrs. Neighbors had
with the government's next witness. Mr. Duma I know was
not aware of the existence of that recording until
yesterday afternoon, and he did appropriately make it
available for our review this morning. We have no
objection in this instance if he wants to enter the
recording and play it, but I would make a motion on
behalf of the government, basically, if Mrs. Neighbors
has any more of these undisclosed kinds of tape
recordings, that they be denied as evidence in this case
for failure to follow the notice rules and to provide
the government with copies of them. If we have to stop
and do this with every witness or with three or four
more witnesses, it's going to prolong this trial another
day or day and a half. So, we just make the motion that
any late disclosures disqualify the evidence.
THE COURT: Mr. Duma?
MR. DUMA: Your Honor, I appreciate what
counsel has said. I have given to the government the
only other potential document that might come in as an
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
5/168
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
09:27:00
09:27:03
09:27:09
09:27:11
09:27:15
09:27:18
09:27:20
09:27:23
09:27:26
09:27:28
09:27:31
09:27:35
09:27:39
09:27:41
09:27:43
09:27:46
09:27:49
09:27:51
09:27:55
09:27:59
09:28:01
09:28:02
09:28:06
09:28:12
09:28:14
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
50
exhibit that I had not previously identified in my
exhibit list. To my knowledge, and I will state that
I've discussed this with my client, we have nothing else
that we're going to offer in impeachment -- in the way
of impeachment other than what I have provided the
government. Now, if something out of the ordinary
occurs, then we'll take that up at the bench, but I
think that we've got this problem solved.
MS. PARKER: And Mr. Duma has provided us
with two documents, and we have no objections to the
defendant using that I believe in cross-examination of
one of the witnesses. But other than that, we would
object to any other late disclosures.
MR. DUMA: And Judge, the only other thing
I'll say, this will push us back about 15 minutes, but I
think because of the importance of this particular issue
to my client, I think I will, if the government doesn't
have an objection, just play this phone recording that
Miss Neighbors had with this -- with this witness, for
what it's worth.
MS. PARKER: And Your Honor, we don't have
any objection to the playing of the recording, but some
of the statements on there are self-serving by Miss
Neighbors and have really nothing to do with impeaching
this witness. What Mr. Neighbors knew, what
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
6/168
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
09:28:18
09:28:21
09:28:25
09:28:28
09:28:32
09:28:35
09:28:38
09:28:39
09:28:43
09:28:47
09:28:52
09:28:58
09:29:01
09:29:04
09:29:07
09:29:12
09:29:15
09:29:18
09:29:21
09:29:24
09:29:26
09:29:29
09:29:31
09:29:36
09:29:38
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
50
Mrs. Neighbors knew that she's imparting to this witness
in the phone call would have no bearing on any kind of
impeachment or cross-examination. So, we would just
request that the portion that you play be limited to
that portion which you feel is impeachment, which I
think is the first part of it.
MR. DUMA: That's going to be almost
impossible for me to do, 'cause I -- I think -- I mean,
just because I really have had relatively recent
exposure to it. I -- if the government feels
comfortable in having their technical people stop it at
an appropriate time, but I think that -- that -- if
we're not going to play at all, then let's just not play
any of it, because I don't -- I don't have it
transcribed, I don't have a way to -- to -- to do that
on a short notice. So, if the government -- I thought
Miss Parker said she wasn't opposed to having it played.
I can't redact it at this late date, so I'll just not
play it at all if the government has the objection.
MS. PARKER: Well, we object, as I said, to
the part that basically tells her story of the shoes
without opening her up to cross-examination on it, and
this witness has no idea what happened between
Mr. Neighbors and the person who sold him the shoes.
So, there's no way it can impeach his testimony, and I
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
7/168
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
09:29:41
09:29:46
09:29:48
09:29:52
09:29:56
09:29:59
09:30:02
09:30:03
09:30:04
09:30:07
09:30:10
09:30:15
09:30:17
09:30:17
09:30:19
09:30:22
09:30:25
09:30:27
09:30:32
09:30:35
09:30:43
09:30:48
09:30:50
09:30:51
09:30:54
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
50
think the portion that you -- the defendant believes is
the most telling is the one where he says he got two
cartons of shoes back, when in fact the police report
says there were 12 cartons returned, and once we get
past that, I don't think there is any other portion of
that tape-recording that is anything other than
self-serving.
MR. DUMA: I would agree, and as long as the
government is responsible for stopping it after that
with their technical people, because I don't have the --
I'm not set up to play it. It's relatively short.
MS. PARKER: Yeah, that's the first four or
five minutes.
MR. DUMA: Thank you. I mean --
THE COURT: Anything else? Let me -- let me
mention this to the parties in regards to this, and it's
a couple things here that have been brought to the
court's attention. Let me take up the last one first
and then get back to the late disclosure of this
evidence. In regards to the playing of the CD, for our
record, what would you mark that as, Defense Exhibit --
MR. DUMA: It would be Defense Exhibit 1.
THE COURT: Defense Exhibit Number 1 -- I
think we say 401, don't we, Jennifer?
MS. WALTON: Yes.
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
8/168
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
09:30:55
09:30:58
09:31:00
09:31:03
09:31:06
09:31:08
09:31:10
09:31:13
09:31:15
09:31:18
09:31:19
09:31:21
09:31:22
09:31:26
09:31:30
09:31:31
09:31:33
09:31:33
09:31:37
09:31:39
09:31:43
09:31:47
09:31:49
09:31:51
09:31:51
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
50
THE COURT: Defense Exhibit 401, it's been
represented to the court that this exhibit is a
tape-recording that took place between the defendant
Carrie Neighbors and the government's witness that's
going to be called, Anthony Reyes.
MR. DUMA: No, sir, this gentleman here.
THE COURT: And what's his name?
MR. OAKLEY: John Rea.
MS. PARKER: And I may have said Reyes. I'm
sorry, it's John Rea.
THE COURT: John Rea, and I've heard the
arguments in regards to whether or not this should be
played. Let me comment in the following way. If it's
being offered as impeachment evidence -- is that
correct, Mr. Duma?
MR. DUMA: Impeachment and clarification,
yes, sir.
THE COURT: For impeachment and maybe even
for clarification which would be brought in with that
impeachment argument, what I would first suggest is that
the witness -- he's in the courtroom. Do you mind if
he's in the courtroom? Do you need him to leave?
MS. PARKER: I don't mind. He listened to
the tape.
THE COURT: Well, I'm going to ask that he
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
9/168
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
09:31:52
09:31:53
09:31:54
09:32:04
09:32:08
09:32:10
09:32:16
09:32:18
09:32:20
09:32:25
09:32:28
09:32:30
09:32:34
09:32:38
09:32:43
09:32:46
09:32:49
09:32:52
09:32:55
09:33:01
09:33:04
09:33:07
09:33:10
09:33:14
09:33:18
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
51
leave the courtroom for a second.
MS. PARKER: All right.
THE COURT: Sorry, sir. If it's being used
for impeachment, possibly even clarification, it's
almost -- if it's clarification, almost something to
refresh his memory, but for impeachment, what the court
believe -- would believe would be proper would be for
counsel to ask him specifically, first, on the witness
stand, did he say whatever you think he said on that CD.
If he in fact does acknowledge that was said, then to
the court, that would eliminate the necessity of having
to play that for impeachment purposes. If he denies it
or if he doesn't recall, then at that point, I'd be more
inclined to let that be played at that point. In the
manner in which it's to be played, I don't know if we're
set up to actually have it stop, start, stop, start, for
the jury's benefit. I think if there's no objection
from the government, which there is partly, but we just
play that initial portion, and if anything, the parties
can ask for possibly a limiting instruction, and that's
also what Miss Parker is saying is argument in regards
to the weight the court should -- the jury should give
this evidence, but the court could instruct them that
it's being offered for purposes of clarification, and
what the court -- the jury should focus on would be his
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
10/168
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
09:33:21
09:33:26
09:33:30
09:33:33
09:33:37
09:33:43
09:33:48
09:33:51
09:33:55
09:33:58
09:34:01
09:34:03
09:34:07
09:34:10
09:34:14
09:34:19
09:34:23
09:34:26
09:34:29
09:34:33
09:34:37
09:34:41
09:34:46
09:34:48
09:34:49
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
51
statements and not necessarily the comments from Miss
Neighbors. That's a suggestion. In -- so, that's where
the court believes that it is in -- regarding the
playing of the Defendant's Exhibit 401. In regards to
the late disclosure, there were rules in effect
regarding discovery, reciprocal discovery. I'm not
going to say at this point that there's any showing to
the court that this was done deliberately, Miss
Neighbors, or you did it in bad faith. That's not
before the court. I'm not going to make any ruling on
that. I'll give the benefit of the doubt at this point
to defendant. This was something just there and that
now has been discovered, but I do believe that if
there's anything in the future of this nature, the court
might have to look at it more closely, and at that
point, after argument and review, I may end up deciding
it may or may not come in. So, one of the ways I think
that could be possibly addressed by the parties before
it comes to the court is if in fact there is anything
else out there, that both sides immediately let the
other side know about that so that that could be
reviewed and then brought to the court's attention, if
necessary.
MS. PARKER: And Your Honor, if I haven't
made it clear, the government believes that Mr. Duma has
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
11/168
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
09:34:53
09:34:57
09:35:02
09:35:04
09:35:05
09:35:06
09:35:07
09:35:09
09:35:11
09:35:12
09:35:14
09:35:16
09:35:19
09:35:22
09:35:24
09:35:28
09:35:31
09:35:33
09:35:35
09:35:37
09:35:40
09:35:42
09:35:45
09:35:50
09:35:54
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
51
been forthcoming and been timely in his disclosures. We
do not mean to infer that the late disclosure is in any
way attributable to Mr. Duma.
THE COURT: Anything else?
MR. DUMA: Nothing.
MS. PARKER: Nothing from the government.
THE COURT: So, are the parties then clear
on what the court has found to be in regards to this
exhibit?
MR. DUMA: Judge, I think what -- I think
what will happen is I think I will ask this gentleman,
do you remember a conversation you had with Miss
Neighbors. Since he just heard it, I'm sure he will. I
will ask him what might appear to be a discrepancy
between what he said and what he'll probably testify to,
and just from talking to him, I think he has a pretty
reasonable explanation. Then there won't be any
necessity to play that tape.
THE COURT: We'll see what takes place on
the witness stand, but that would probably be along the
lines of what I am recommending to be the appropriate
way to address this. If there's nothing else, we'll
call the jury back.
MS. PARKER: Thank you, Your Honor, for
giving us the time to take that up.
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
12/168
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
09:38:50
09:38:50
09:38:53
09:38:54
09:38:56
09:39:00
09:39:05
09:39:09
09:39:12
09:39:16
09:39:18
09:39:23
09:39:28
09:39:31
09:39:35
09:39:37
09:39:38
09:39:40
09:39:43
09:39:56
09:39:58
09:40:01
09:40:02
09:40:04
09:40:10
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
51
(Jury returned to court at 9:35 AM.)
THE COURT: Good morning.
THE JURY: Good morning.
THE COURT: Thank you. Hopefully everyone
had a good night's rest. As you know, we're having the
day's full of the evidence. So, need for you once again
to be alert, to be attentive to everything that's being
presented to you. And I will apologize for our delay
this morning. That's solely the decision of the court,
and not that you would, it's not to be held against the
parties. There are just times that things arise, and I
have to review certain things or do certain things, and
again, it's the court and not the parties. So, again,
thank you for your patience, your cooperation, and we'll
continue with the presentation of the evidence. Thank
you.
MR. OAKLEY: Your Honor, the United States
would call as its next witness John Rea.
THE COURT: Please come forward. Sir, if
you'll please raise your right hand.
(Witness sworn.)
THE WITNESS: I do.
THE COURT: Please take your seat. Careful
as you get in there. If you would, as you give your
answers to the questions you're asked, please speak up
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
13/168
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
09:40:13
09:40:16
09:40:18
09:40:21
09:40:21
09:40:23
09:40:26
09:40:26
09:40:26
09:40:26
09:40:26
09:40:29
09:40:29
09:40:29
09:40:30
09:40:33
09:40:33
09:40:34
09:40:34
09:40:36
09:40:36
09:40:41
09:40:41
09:40:45
09:40:47
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
51
loud and clear and speak into the microphone. And you
may want to move that microphone down a little bit.
There you go. Thank you. We'll start with you stating
your name.
THE WITNESS: John Rea, R E A.
THE COURT: R E A?
THE WITNESS: Uh-huh.
THE COURT: Thank you. Mr. Oakley.
JOHN REA,
Called as a witness on behalf of the government, having
been first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. OAKLEY:
Q. Sir, how are you employed?
A. I'm employed at Asay Sportsman Store. I'm the
owner.
Q. You own the --
A. Yes.
Q. -- the sporting goods store?
A. Yes.
Q. And it's probably clear by its name, but what's
Asay's do?
A. Mr. Asay is the original owner. That's who I
used to work for and who I bought the company from.
It's a just a family name.
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
14/168
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
09:40:48
09:40:50
09:40:51
09:40:53
09:40:55
09:40:58
09:40:58
09:41:01
09:41:04
09:41:08
09:41:12
09:41:13
09:41:15
09:41:16
09:41:18
09:41:22
09:41:24
09:41:30
09:41:30
09:41:32
09:41:33
09:41:34
09:41:37
09:41:37
09:41:43
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
51
Q. All right. And it's a sporting goods store?
A. Right.
Q. How long have you owned the store?
A. I bought it in 1999.
Q. Prior to buying it in 1999, did you work at the
store?
A. Yeah, I started there in '82.
Q. Sir, I'd like to direct your attention to the
first part of February of 2006. At that time, were you
contacted by Lawrence police officers?
A. Yes.
Q. And did they discuss with you some shoes that
they believed might belong to you?
A. Yes.
Q. Prior to February 2006, did you have some cases
of shoes stolen from you?
A. In that February, we had a break-in in our mini
warehouse.
Q. Okay. At your warehouse?
A. Yeah.
Q. And where is that located?
A. It's on 8th, 8th Street about two miles from our
store.
Q. Okay. Were these -- you say warehouse. Did you
also have some storage units?
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
15/168
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
09:41:44
09:41:47
09:41:50
09:41:56
09:41:59
09:42:01
09:42:03
09:42:07
09:42:10
09:42:13
09:42:16
09:42:17
09:42:20
09:42:23
09:42:25
09:42:28
09:42:30
09:42:32
09:42:36
09:42:36
09:42:39
09:42:41
09:42:43
09:42:46
09:42:48
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
51
A. It was a single storage unit that we had that we
put outdated shoes and merchandise in.
Q. Do you know how many cases of shoes that you had
in the storage unit at the time it was broken into?
A. I don't know an exact number how many we had.
Q. Okay. And what did you keep in there?
A. We kept outdated shoes. It could have been some
racks and some other -- other clothing and stuff that
was just outdated or we couldn't sell anymore.
Q. Okay. When you say outdated shoes, were these
shoes that you no longer wanted?
A. Well, it's not that we wanted them. They were
just older shoes, and they didn't -- didn't seem like
they were selling. We tried selling 'em for a long
time. So, we only have limited space in our store to
keep so much merchandise. And so, when it becomes
older, we move it to the warehouse.
Q. Okay. What did you intend to do with those
shoes?
A. What we normally do is we donate 'em to rescue
mission or boys' clubs or somebody like that.
Q. Okay. And do you ever have sales where you try
and get rid of some of your clearance items?
A. We generally have a sidewalk sale we call it in
the summer, one time during the summer, and try to get
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
16/168
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
09:42:51
09:42:53
09:42:55
09:42:57
09:43:01
09:43:03
09:43:04
09:43:08
09:43:11
09:43:13
09:43:15
09:43:18
09:43:21
09:43:23
09:43:24
09:43:25
09:43:27
09:43:28
09:43:31
09:43:37
09:43:40
09:43:40
09:43:42
09:43:44
09:43:46
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
51
rid of some of the old obsolete merchandise.
Q. Okay. And sometimes if it's summer --
A. Sometimes those will come back, yeah.
Q. Did you indicate to the police officers that,
yes, you did in fact have some shoes stolen from you?
A. Yes.
Q. And did the officers return the shoes to you?
A. They returned 'em to my bookkeeper. I wasn't at
the store at the time when they brought 'em back.
Q. And did you determine that those shoes did in
fact belong to Asay Sports?
A. Yes, they had our price sticker labels on 'em.
Q. Okay. We talked about where the storage unit was
located. I think you said it was in Topeka?
A. Uh-huh.
Q. I assume the sporting goods store itself is
located in Topeka?
A. Right, yeah, downtown Topeka, uh-huh.
Q. Okay. When the officers talked to you, did they
call you on the phone or did they come to your place of
business?
A. When they brought back the equipment or --
Q. When they asked you about the stolen shoes.
A. They asked me about stolen shoes, they just
called, yeah.
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
17/168
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
09:43:47
09:43:51
09:43:53
09:43:59
09:43:59
09:44:00
09:44:04
09:44:06
09:44:07
09:44:07
09:44:10
09:44:12
09:44:12
09:44:13
09:44:16
09:44:17
09:44:18
09:44:20
09:44:24
09:44:32
09:44:34
09:44:34
09:44:34
09:44:38
09:44:45
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
51
Q. I'm going to hand you some photographs that have
been marked, and first I'd like to hand Government's
Exhibit 225.1. Sir, do you recognize that photograph?
A. Yes.
Q. What's that a photograph of?
A. It's photograph of the boxes of shoes.
Q. And are those the boxes of shoes that were stolen
from your warehouse?
A. Yes.
Q. Is that photograph a fair and accurate depiction
of the boxes that were stolen from you?
A. Yes.
MR. OAKLEY: Your Honor, at this time I'd
offer Government's Exhibit 225.1.
THE COURT: Any objection?
MR. DUMA: No objection, Your Honor.
THE COURT: At this time the court admits
Exhibit 225.1.
BY MR. OAKLEY:
Q. Sir, those were the boxes that were returned to
you?
A. Yes.
Q. And just looking through here, appears there's
one, two, three, four, five, 10, 11, 12 boxes, is that
correct?
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
18/168
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
09:44:45
09:44:49
09:44:51
09:44:55
09:45:00
09:45:01
09:45:05
09:45:06
09:45:10
09:45:12
09:45:16
09:45:19
09:45:19
09:45:19
09:45:21
09:45:24
09:45:24
09:45:25
09:45:26
09:45:28
09:45:29
09:45:30
09:45:32
09:45:39
09:45:39
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
51
A. Yes.
Q. Next going to hand you what's been marked as
Government's Exhibit 225.2. Do you recognize that?
A. Yes, it's a shipper label from the manufacturer
into our store.
Q. And was that label on -- typically on the outside
of the boxes?
A. Yes, we -- we very rarely ever took the shipping
labels off unless we were going to use 'em to re-ship.
Q. And was that a label that was affixed to one of
the boxes that was returned to you by the Lawrence
Police Department?
A. Yes.
Q. Is that photograph a fair and accurate depiction
of the way that label appeared when you received
those -- that item back?
A. Yes.
MR. OAKLEY: Your Honor, I'd offer
Government's Exhibit 225.2.
THE COURT: Any objection?
MR. DUMA: No objection.
THE COURT: At this time court admits
Exhibit 225.2.
BY MR. OAKLEY:
Q. Sir, it appears that this particular box with the
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
19/168
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
09:45:43
09:45:46
09:45:46
09:45:47
09:45:51
09:45:53
09:45:58
09:46:01
09:46:04
09:46:08
09:46:11
09:46:13
09:46:15
09:46:15
09:46:18
09:46:20
09:46:21
09:46:24
09:46:25
09:46:25
09:46:26
09:46:27
09:46:29
09:46:30
09:46:32
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
52
label came from Nike to your store located there in
Topeka, is that correct?
A. Yes.
Q. Were all of these cases of shoes Nike's or were
there different manufacturers in there?
A. No, there was -- there was Nike, Converse, Asics,
Spotbilt, various manufacturers.
Q. Next I'm going to hand you what's been marked as
Government's Exhibit 225.3 and ask you to take a look at
that. Could you tell us what that is?
A. It's another shipper label.
Q. And that's a photograph of the shipping label?
A. Yes.
Q. Is that photograph a fair and accurate depiction
of the way that the label appeared?
A. Yes.
Q. And is that -- was that label affixed to one of
the boxes that you got back from the Lawrence Police
Department?
A. Yes.
MR. OAKLEY: Your Honor, I'd offer
Government's Exhibit 225.3.
THE COURT: Any objection?
MR. DUMA: No objection.
THE COURT: At this time the court admits
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
20/168
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
21/168
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
09:47:40
09:47:41
09:47:44
09:47:47
09:47:51
09:47:52
09:47:52
09:47:55
09:47:56
09:47:56
09:47:58
09:48:05
09:48:06
09:48:09
09:48:10
09:48:10
09:48:12
09:48:15
09:48:19
09:48:22
09:48:22
09:48:24
09:48:26
09:48:27
09:48:28
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
52
A. Right.
Q. Now, you said that there were 12 boxes that were
returned to you by the Lawrence Police Department, but
did you have more than 12 cases of shoes in that storage
unit?
A. Yes, we did.
Q. So, there were additional cases that were not
returned to you?
A. Yes.
Q. In February of 2006?
A. Correct.
MR. OAKLEY: I have no further questions of
this witness, Your Honor.
THE COURT: Cross-examination?
CROSS EXAMINATION
BY MR. DUMA:
Q. Mr. Rea, you'd indicated that these particular
shoes that were returned to you were older shoes that
you had placed in the store but hadn't been able to
sell, is that correct?
A. Placed in the storage unit, yes.
Q. I mean, had they been in --
A. Originally, they were in the store for sale
retail-wise, yes.
Q. Okay. And then once they sat there in the store
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
22/168
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
09:48:31
09:48:33
09:48:35
09:48:38
09:48:41
09:48:43
09:48:45
09:48:47
09:48:51
09:48:53
09:48:53
09:48:58
09:49:00
09:49:02
09:49:04
09:49:05
09:49:06
09:49:07
09:49:10
09:49:12
09:49:19
09:49:21
09:49:23
09:49:23
09:49:24
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
52
long enough, you thought, well, they're not moving, so
I'm going to take those out and put 'em in a storage
unit and put some newer stuff in to try to get it sold?
A. What we do is we try to sell 'em through the
summer sidewalk sale first, and then after that, then
move 'em to the warehouse.
Q. Okay. So, these particular shoes had not sold on
the store floor, had not sold on the summer sidewalk
sale, and then were sent to that storage unit?
A. Correct.
Q. Okay. And then from there, they normally went to
some donation through a mission or something?
A. Correct, we tried to donate 'em.
Q. Did you ever throw any of 'em away?
A. No, huh-uh, never.
Q. Just donated 'em if you could?
A. Yes.
Q. All right. Do you know when those -- when that
original theft occurred?
A. I believe it was in February of -- no, July 24th
of '03.
Q. July 24th of '03?
A. Uh-huh.
Q. Was the original theft?
A. Yeah.
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
23/168
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
09:49:25
09:49:33
09:49:35
09:49:38
09:49:38
09:49:39
09:49:40
09:49:41
09:49:42
09:49:48
09:49:54
09:49:59
09:49:59
09:50:02
09:50:02
09:50:03
09:50:05
09:50:06
09:50:11
09:50:14
09:50:17
09:50:19
09:50:21
09:50:23
09:50:24
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
52
Q. Okay. And so, those 12 boxes were returned to
you after the police recovered 'em, is that correct?
A. They were returned to my bookkeeper, yes, to the
store, yes.
Q. All right. Do you remember when that was?
A. It was in February.
Q. Of '06?
A. Yes.
Q. Okay. Now, the -- the labels there on the -- on
the boxes, they clearly show that they tie those boxes
of shoes in with your store, I think is what we saw, is
that right?
A. They're boxes that were shipped to our store,
yes.
Q. Right, and those are the boxes that were returned
to you that had been previously stolen?
A. Yes.
Q. All right. So, if I -- if I saw that box, let's
just say government brought it in here and -- as an
exhibit, and they put it on the ground, and those labels
would be on the outside of the box, so that if I looked
at it, I could tell that it was supposed to have been
shipped to your store originally, correct?
A. Originally, yes.
Q. All right. Thank you. No further questions.
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
24/168
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
09:50:27
09:50:29
09:50:29
09:50:31
09:50:33
09:50:36
09:50:39
09:50:42
09:50:45
09:50:45
09:50:50
09:50:52
09:50:52
09:50:53
09:50:54
09:50:58
09:50:59
09:51:00
09:51:02
09:51:03
09:51:04
09:51:05
09:51:07
09:51:07
09:51:08
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
52
THE COURT: Any redirect?
RE-DIRECT EXAMINATION
BY MR. OAKLEY:
Q. Just a follow-up on the last question that
Mr. Duma asked. So, anyone receiving those boxes of
shoes, just by looking at the outside, would know that
they at least at one point belonged to your store?
A. Correct, at some point, they were shipped to us
originally.
Q. And these were all boxes with brand new shoes;
may have been outdated, but they were brand new shoes?
A. Yes, all new.
MR. OAKLEY: No further questions, Your
Honor.
THE COURT: Any re-cross on that?
MR. DUMA: No, Your Honor. Thank you.
THE COURT: If there's nothing else of the
witness, was the witness subpoenaed to testify?
MR. OAKLEY: Yes, Your Honor.
THE COURT: Are you asking that he be
released from his subpoena?
MR. OAKLEY: Yes, Your Honor.
THE COURT: Any objection?
MR. DUMA: No objections.
THE COURT: At this time, sir, you are
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
25/168
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
09:51:09
09:51:12
09:51:14
09:51:17
09:51:18
09:51:19
09:51:23
09:51:46
09:51:47
09:51:51
09:52:04
09:52:06
09:52:10
09:52:11
09:52:13
09:52:18
09:52:20
09:52:22
09:52:23
09:52:24
09:52:25
09:52:28
09:52:29
09:52:32
09:52:34
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
52
released from your subpoena. You are excused. You're
free to go. The only thing that I'll ask is that you
not discuss your testimony, what you said in here, with
anyone else as you leave.
THE WITNESS: Okay.
THE COURT: Thank you.
THE WITNESS: Thank you.
MS. PARKER: Your Honor, as its next
witness, the government will call Joey Cadenhead.
THE COURT: Come forward. Before you sit
down, I need for you to raise your right hand.
(Witness sworn.)
THE WITNESS: Yes, sir.
THE COURT: Please take your seat. Careful
as you get in there. If you would, as you give your
answers to the questions you're asked, please speak up
loud and clear and speak into the microphone.
THE WITNESS: Yes, sir.
THE COURT: Have you start with you stating
your name.
THE WITNESS: Joey Ray Cadenhead.
THE COURT: Will you spell your name?
THE WITNESS: C A D E N H E A D.
THE COURT: Thank you. Miss Parker.
MS. PARKER: Thank you, Your Honor.
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
26/168
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
09:52:34
09:52:34
09:52:34
09:52:35
09:52:35
09:52:38
09:52:40
09:52:41
09:52:43
09:52:43
09:52:47
09:52:51
09:52:52
09:52:53
09:52:58
09:53:03
09:53:05
09:53:08
09:53:08
09:53:11
09:53:15
09:53:19
09:53:20
09:53:23
09:53:23
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
52
JOEY RAY CADENHEAD,
Called as a witness on behalf of the government, having
been first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MS. PARKER:
Q. Mr. Cadenhead, what town do you live in?
A. Lawrence, Kansas.
Q. And you're here today under a subpoena, correct?
A. Yes, ma'am.
Q. All right. And you're here today because you
are -- agreed to cooperate with the government in an
investigation, correct?
A. Yes, ma'am.
Q. All right. And were you promised anything to
cause you to agree to testify and to participate in this
prosecution?
A. No, ma'am, other than not to be indicted in the
case.
Q. All right. In other words, you were told that
your statements would not be used against you in any
attempt to charge you as a conspirator in this case?
A. Yes, ma'am.
Q. But no other promises were made?
A. No, ma'am.
Q. Now, you have a criminal record, do you not?
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
27/168
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
09:53:26
09:53:27
09:53:33
09:53:37
09:53:38
09:53:39
09:53:44
09:53:47
09:53:47
09:53:48
09:53:50
09:53:52
09:53:53
09:53:54
09:53:57
09:54:02
09:54:02
09:54:03
09:54:05
09:54:06
09:54:11
09:54:16
09:54:16
09:54:17
09:54:22
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
52
A. Yes, ma'am.
Q. All right. Isn't it true that on July 18th,
2006, you were convicted of a misdemeanor theft in
Emporia, Kansas?
A. Yes, ma'am.
Q. And July 18th of 2006, that's about the time you
were cooperating in this case, right, or shortly after
that?
A. Yes, ma'am.
Q. All right. Did anybody from law enforcement in
this case do anything to help you get out of that
misdemeanor theft?
A. No, ma'am.
Q. All right. You were convicted on July the 11th
of 2006 of another misdemeanor theft from Lawrence,
Kansas, correct?
A. Yes, ma'am.
Q. No help from anybody to get you out of that?
A. No, ma'am.
Q. On November the 27th of 2006, you were convicted
of another misdemeanor theft, again in Lawrence, Kansas,
correct?
A. Yes, ma'am.
Q. On September 26th of 2007, you were again
convicted of a misdemeanor theft in Douglas County,
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
28/168
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
09:54:25
09:54:26
09:54:27
09:54:30
09:54:31
09:54:31
09:54:38
09:54:42
09:54:42
09:54:42
09:54:47
09:54:50
09:54:51
09:54:52
09:54:55
09:54:58
09:55:00
09:55:00
09:55:06
09:55:11
09:55:11
09:55:12
09:55:15
09:55:18
09:55:20
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
52
Kansas?
A. Yes, ma'am.
Q. And Douglas County is the county Lawrence is
located in, correct?
A. Yes, ma'am.
Q. On July -- or in July of 2010, you were convicted
of the felony of burglary, again, in Douglas County,
Kansas?
A. Yes, ma'am.
Q. And on July the -- in July of 2010, you were also
convicted of the -- of misdemeanor theft, again, in
Douglas County?
A. Yes, ma'am.
Q. All right. And any of those cases, did anybody
in law enforcement associated with this case do anything
to help you get out of it?
A. No, ma'am.
Q. All right. Now, I'd like to direct your
attention to the early summer of 2006. Where were you
living then?
A. Lawrence, Kansas.
Q. All right. And how were you making a living?
A. Stealing.
Q. All right. Stealing from where?
A. Businesses.
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
29/168
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
09:55:21
09:55:24
09:55:25
09:55:27
09:55:30
09:55:32
09:55:33
09:55:35
09:55:38
09:55:42
09:55:45
09:55:45
09:55:52
09:55:54
09:55:58
09:56:03
09:56:04
09:56:06
09:56:07
09:56:08
09:56:09
09:56:10
09:56:12
09:56:12
09:56:16
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
53
Q. Why were you stealing things to make a living?
A. Support my drug habit.
Q. What drug habit did you have?
A. Crack cocaine.
Q. You needed cash to buy drugs?
A. Yes, ma'am.
Q. Were you working at a regular job?
A. At first, yes. Then I got fired from my job.
Q. All right. So, after a while, by June and July
of 2006, were you unemployed?
A. Yes, ma'am.
Q. And prior to June of 2006, how long had your drug
habit been active?
A. A few months.
Q. So, you started using crack cocaine sometime in
the first part of 2006?
A. Yes, ma'am, I had got back on it.
Q. All right. You had used it before?
A. Yes, ma'am.
Q. Are you using it now?
A. No, ma'am.
Q. How long has it been since you've had crack
cocaine?
A. I've been sober off drugs for 25 months.
Q. 25 months. All right. What effect did your
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
30/168
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
09:56:20
09:56:21
09:56:23
09:56:24
09:56:28
09:56:30
09:56:33
09:56:37
09:56:38
09:56:41
09:56:43
09:56:44
09:56:53
09:56:54
09:56:54
09:56:55
09:56:58
09:56:59
09:57:00
09:57:01
09:57:03
09:57:05
09:57:07
09:57:08
09:57:10
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
53
crack habit have on your life?
A. Lost everything I had.
Q. Like what?
A. My family, my job, anything that means anything.
Q. All right. When you were stealing items, what
kind of items were you stealing?
A. Like power tools, stuff that I could get some big
money for.
Q. And what stores? You said you were stealing 'em
from stores. Do you remember the names of the stores
you were stealing from?
A. Kohl's, JC Penney's, Home Depot, Ace Hardware,
Westlake's.
Q. All right.
A. Grocery stores.
Q. What did you steal from grocery stores that were
expensive items?
A. Meat.
Q. What did you do with the meat?
A. Sold it.
Q. On the street?
A. Yes, ma'am, on the street as well.
Q. As well as what?
A. Yellow House.
Q. So, Yellow House would buy meat from you?
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
31/168
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
09:57:12
09:57:13
09:57:16
09:57:19
09:57:20
09:57:21
09:57:24
09:57:24
09:57:28
09:57:30
09:57:32
09:57:33
09:57:36
09:57:38
09:57:39
09:57:47
09:57:47
09:57:50
09:57:53
09:57:58
09:58:01
09:58:05
09:58:09
09:58:11
09:58:15
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
53
A. A couple times.
Q. All right. The other items that you mentioned
that you stole, the more expensive items, what did you
do with those?
A. Sold 'em to Yellow House.
Q. All right. How did you know about the Yellow
House?
A. Friend of mine had told me that.
MR. DUMA: Judge, I'm going to object to
anything the friend had specifically told him.
MS. PARKER: Your Honor, we're not offering
it for the truth of the matter. We're offering it only
to explain why he went to the Yellow House.
THE COURT: Come forward.
(Proceedings held at the bench, outside the
hearing of open court.)
THE COURT: In regards to the objection, I'm
going to sustain the objection regarding the hearsay
statements that he may have been told by another third
party. If in fact the government is not offering it for
that reason, I think it would be appropriate at this
time for the government just to ask the witness that his
knowledge was based on communications with some other
person, but not the exact nature or specific nature of
the communication, if you're using that just for
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
32/168
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
09:58:19
09:58:22
09:58:22
09:58:23
09:58:26
09:58:28
09:58:30
09:58:31
09:58:32
09:58:33
09:58:38
09:58:41
09:58:43
09:58:44
09:58:44
09:58:47
09:58:48
09:58:51
09:58:55
09:58:56
09:58:58
09:58:59
09:59:03
09:59:03
09:59:04
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
53
background for his knowledge in regards to the Yellow
House.
MS. PARKER: Yeah, and that is all we're
using it for, Your Honor. I'll just rephrase the
question and ask him if somebody told him about the
Yellow House and if he went there.
MR. DUMA: No objection to that.
THE COURT: Please continue.
MR. DUMA: Thank you.
(Proceedings continued in open court.)
BY MS. PARKER:
Q. Now, Mr. Cadenhead, you said somebody told you
about the Yellow House?
A. Yes, ma'am.
Q. And was that Lee House?
A. Laura Helm and Lee House.
Q. All right. And who, first of all, is Laura Helm?
A. She's acquainted to me through my children's
mother which is her aunt.
Q. All right. And who is Lee House?
A. Her brother.
Q. All right. Were you living with them at the
time?
A. Kind of, yes.
Q. And did you and Laura Helm have some kind of
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
33/168
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
09:59:08
09:59:09
09:59:12
09:59:14
09:59:17
09:59:19
09:59:23
09:59:27
09:59:30
09:59:32
09:59:35
09:59:37
09:59:38
09:59:43
09:59:44
09:59:45
09:59:46
09:59:48
09:59:49
09:59:52
09:59:56
09:59:56
09:59:58
10:00:00
10:00:02
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
53
partnership?
A. Yeah, for the most part, you could say that, yes.
Q. All right. And what did your partnership do?
What did you and Laura Helm do together?
A. Well, we would go in, for instance, like Kohl's,
and I would go to steal something, and she would act
suspicious, and then I would tell somebody that worked
at the store she was stealing, so they would watch her,
and then I would walk out the door.
Q. Okay. So, she was like a decoy for you when you
wanted to go in and steal something?
A. Yes, ma'am. Yes, ma'am.
Q. All right. And you said that you would go tell
the security people?
A. Yes, ma'am.
Q. What would you tell them?
A. That I seen some lady stick something in her
pants.
Q. All right. And then based upon your
observations, you saw the security people go follow her?
A. Yes, ma'am.
Q. And then what would you do?
A. Walk out the store with what I had.
Q. All right. I'm going to hand you what's all
ready in evidence as Government's Exhibit 116, and I'm
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
34/168
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
10:00:05
10:00:13
10:00:15
10:00:17
10:00:18
10:00:19
10:00:22
10:00:27
10:00:30
10:00:31
10:00:33
10:00:34
10:00:36
10:00:39
10:00:42
10:00:43
10:00:43
10:00:48
10:00:51
10:00:52
10:00:53
10:00:56
10:00:57
10:00:58
10:01:01
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
53
also going to show it up here on the monitor for you.
Mr. Cadenhead, have you had a chance to look through
that book, and you know those are checks that were
written to you, correct?
A. Yes, ma'am.
Q. All right. And just as an example, this first
check in here is a check written to you on June 14th of
2006 for $285. Do you see that?
A. Yes, ma'am.
Q. All right. And that's for a what?
A. A vacuum.
Q. All right. And who signed that check?
A. Miss Neighbors.
Q. And when you went to Yellow House, you went there
more than once, correct?
A. Yes, ma'am.
Q. And before June the 14th of 2006, had you been to
Yellow House? Were you going there in June as -- I
mean, in May as well?
A. About that time, yes, ma'am.
Q. All right. And who did you deal with at the
Yellow House?
A. Carrie Neighbors.
Q. All right. And when you went in to sell
something, would you describe how that process worked?
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
35/168
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
10:01:04
10:01:08
10:01:09
10:01:12
10:01:17
10:01:17
10:01:18
10:01:19
10:01:20
10:01:23
10:01:24
10:01:25
10:01:26
10:01:29
10:01:29
10:01:31
10:01:33
10:01:35
10:01:35
10:01:38
10:01:41
10:01:43
10:01:47
10:01:51
10:01:54
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
53
A. Well, depend-- I just walk in there with whatever
I had and --
Q. Let's say you had a vacuum on this occasion. You
walked in with a vacuum. What kind of vacuum would you
have taken?
A. A Dyson.
Q. Why a Dyson?
A. 'Cause it's expensive.
Q. And where did you get your Dyson vacuum cleaners?
A. Kohl's Department Store.
Q. All right. You got 'em all at Kohl's?
A. Yes, ma'am.
Q. Using that little diversionary trick with Laura
Helm?
A. On one, yes. On the other, no.
Q. How did you get the other one out?
A. I just got it and walked out of the store with
it.
Q. Okay. So, you'd walk -- when you walked in with
this Dyson vacuum that you've just stolen from Kohl's,
what -- how did the transaction occur then?
A. I told 'em that I had something to sell, that I
was trying to get rid of it, that I'd got it for a gift,
and that I wanted to sell it, and she asked what I
wanted, and I offered her a price, and she told me she
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
36/168
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
10:01:58
10:01:59
10:02:00
10:02:04
10:02:06
10:02:07
10:02:08
10:02:09
10:02:11
10:02:13
10:02:18
10:02:21
10:02:21
10:02:24
10:02:27
10:02:29
10:02:29
10:02:33
10:02:35
10:02:39
10:02:40
10:02:42
10:02:44
10:02:46
10:02:48
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
53
wouldn't give me that.
Q. Do you remember what price you asked for?
A. I want to say, I'm not hundred percent sure, but
it was like 350 or something like that.
Q. Do you know what the retail value of that Dyson
was?
A. About $500.
Q. All right. You asked for 350, she said no, and
then what happened?
A. She said she would give me 285, and I said yes.
Q. All right. And so, then she wrote the check out?
A. Yes, ma'am.
Q. How did you cash that check?
A. At the Shell Gas Station about a block away.
Q. All right. And why did you go to the Shell Gas
Station?
A. Because it was close and I know they cash checks.
Q. How did you know they cash checks?
A. Laura and them had told me that I could cash the
check down there.
MR. DUMA: Judge, I'm going to object.
MS. PARKER: Somebody told you.
MR. DUMA: Your Honor, I'd appreciate it if
-- I don't think -- I think this witness needs to be
made aware that he can't say what other people told him,
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
37/168
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
10:02:50
10:02:53
10:02:54
10:02:58
10:03:03
10:03:06
10:03:09
10:03:12
10:03:15
10:03:19
10:03:19
10:03:20
10:03:21
10:03:24
10:03:24
10:03:25
10:03:26
10:03:28
10:03:32
10:03:35
10:03:37
10:03:37
10:03:39
10:03:43
10:03:44
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
53
at least until I've had a chance to make an objection.
THE COURT: There is an objection being made
to hearsay, which is statements that a witness from the
witness stand may say based on what others have said to
them, and in regards to that, that's not allowed under
our rules, at least not unless there's an exception, and
in this instance, I would find the objection should be
sustained in regards to the witness's prior testimony
about what someone told him specifically. Please
continue.
MS. PARKER: Yeah. Thank you, Your Honor.
BY MS. PARKER:
Q. Laura Helm directed you to the gas station?
A. Yes, ma'am.
Q. All right. And did you have to use
identification?
A. Yes, ma'am.
Q. Okay. And you used your -- you look here,
there's some spaces that are blacked out. Would that
have been your driver's license number?
A. Yes, ma'am.
Q. All right. Now, did Carrie Neighbors put that
driver's license number on there or did they do that at
the Shell Station?
A. At the Shell Station.
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
38/168
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
10:03:44
10:03:53
10:03:58
10:04:04
10:04:05
10:04:06
10:04:08
10:04:08
10:04:10
10:04:10
10:04:13
10:04:13
10:04:15
10:04:17
10:04:18
10:04:21
10:04:23
10:04:26
10:04:28
10:04:30
10:04:32
10:04:35
10:04:37
10:04:40
10:04:41
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
53
Q. All right. And going back to the summary page,
go down here to the column here that says check date,
6/1, June 1st of 2006, a check was made out to you for a
generator. Do you see that?
A. Yes, ma'am.
Q. Where did you get the generator?
A. Home Depot.
Q. Steal it?
A. Yes, ma'am.
Q. All right. Did you take it in -- was it in the
box brand new?
A. No, it was on the shelf.
Q. All right. And how did you get a generator out
of Home Depot?
A. I asked the store worker to help me get it off
the shelf, and then I rolled it to the front and got a
sticker that I had all ready had, put it on it, and took
it to return it.
Q. All right. Let's talk about that sticker. What
kind of a sticker did you put on it?
A. It's just a little green sticker. It comes in
sets of four. It says the Home Depot on it, and like
when you return something, they peel a little edge of it
off and put it on the item.
Q. Is that when you're walking in with an item that
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
39/168
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
10:04:44
10:04:47
10:04:47
10:04:50
10:04:50
10:04:51
10:04:53
10:04:54
10:04:55
10:04:57
10:04:59
10:04:59
10:05:02
10:05:02
10:05:05
10:05:05
10:05:06
10:05:08
10:05:10
10:05:11
10:05:12
10:05:14
10:05:15
10:05:16
10:05:17
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
54
you want to return, somebody usually --
A. Yes, ma'am.
Q. -- puts that green sticker on?
A. Yes, ma'am.
Q. All right. So, anybody in the store looking at
it will know you're returning an item?
A. Yes, ma'am.
Q. And you said you had gotten some of those. Where
did you get 'em?
A. Off a counter, off the desk where the cashiers
are at.
Q. How did you get them when -- from the cashiers'
desk?
A. There was no cashier there, and I seen 'em, so I
snatched 'em.
Q. How many did you take?
A. A whole roll.
Q. Okay. So, you would walk in with some of those
little green stickers?
A. Yes, ma'am.
Q. In this case, you did, and you went to the
generator aisle?
A. Yes, ma'am.
Q. And why did you pick a generator?
A. Just 'cause it was worth a lot of money.
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
40/168
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
10:05:19
10:05:22
10:05:22
10:05:24
10:05:25
10:05:26
10:05:28
10:05:30
10:05:34
10:05:37
10:05:41
10:05:44
10:05:46
10:05:48
10:05:50
10:05:52
10:05:53
10:06:00
10:06:02
10:06:04
10:06:07
10:06:09
10:06:12
10:06:14
10:06:18
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
54
Q. All right. And -- but it wasn't in a box?
A. No, ma'am.
Q. All right. And then you put one of those green
stickers on it?
A. Yes, ma'am.
Q. And then where did you go?
A. To the returns center at the other end of the
store by where the flower department's at, and told 'em
I needed to return it. They said that the store can't
return it because it comes from a manufacturer and you
have to call the manufacturer, so I knew they would tell
me that, and then they tell you just to call the
manufacturer and they send you out the door with it.
Q. They send you out the door with what they believe
was an item you'd all ready brought in with you?
A. Yes, ma'am.
Q. All right. And then after you got that generator
out of the store, what did you do with it?
A. I rolled it across the parking lot to the trailer
park next door and took it down to Yellow House.
Q. Did you live across the road from the store?
A. It's like -- it's not in the same parking lot,
but they're kind of next to each other.
Q. And was it obvious from looking at that generator
that even though it wasn't in a box, it was new?
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
41/168
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
10:06:20
10:06:21
10:06:23
10:06:26
10:06:29
10:06:31
10:06:32
10:06:33
10:06:33
10:06:35
10:06:35
10:06:37
10:06:39
10:06:40
10:06:41
10:06:46
10:06:50
10:06:50
10:06:52
10:06:59
10:07:02
10:07:05
10:07:06
10:07:12
10:07:14
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
54
A. Yes, ma'am.
Q. And how could you tell it was new?
A. There was no scratches, no nothing on it. It
just had a little bit of dust from sitting on the shelf.
Q. Did you prefer to take items like that that were
a little bit dusty?
A. Yes, ma'am.
Q. Why?
A. Less questions.
Q. From whom?
A. The store people.
Q. All right. Looked like maybe something you'd had
in your garage at home?
A. Yes, ma'am.
Q. And this is the generator that that first check
was written to you for, for $285?
A. Yes, ma'am.
Q. Well, not the one we looked at before, but the
first one for June the 14th was the one we looked at.
But the check for this one is the second one in the
book, which was written on 6/1 of '06, correct?
A. Yes, ma'am.
Q. Now, using the summary chart again, going -- you
were there on June the 3rd, correct?
A. Yes, ma'am.
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
42/168
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
10:07:14
10:07:17
10:07:22
10:07:23
10:07:25
10:07:26
10:07:29
10:07:33
10:07:34
10:07:37
10:07:38
10:07:39
10:07:42
10:07:43
10:07:47
10:07:51
10:07:55
10:07:59
10:07:59
10:08:01
10:08:02
10:08:03
10:08:03
10:08:07
10:08:08
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
54
Q. And again, the check was written to you. It was
a $200 check, and it was for a Dyson. What's that?
A. That's a vacuum.
Q. Where did you get the Dyson, if you recall?
A. Kohl's.
Q. All right. And did you use the method that you
described with Laura Helm as a decoy on this occasion?
A. Yes, ma'am, I believe it was this one.
Q. And when you got the Dyson vacuum cleaner out of
the store, what did you do with it?
A. Took it to Yellow House.
Q. You've all ready described the transaction there.
A. Yes, ma'am.
Q. Correct? All right. Now, you were in -- back in
the Yellow House on the 3rd after having been in there
on the 1st selling a new expensive generator. Did
Mrs. Neighbors ask you anything about where you got the
vacuum?
A. No, she just asked if it was stolen.
Q. And what did you say?
A. I said no.
Q. Why?
A. Because if I told her it was stolen, she might
not buy it.
Q. All right. Did she ask you to sign any forms
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
43/168
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
10:08:10
10:08:12
10:08:13
10:08:16
10:08:19
10:08:21
10:08:24
10:08:25
10:08:26
10:08:27
10:08:27
10:08:30
10:08:32
10:08:33
10:08:39
10:08:42
10:08:44
10:08:46
10:08:49
10:08:50
10:08:53
10:08:55
10:08:58
10:08:59
10:08:59
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
54
when you were selling her items?
A. Yes, ma'am.
Q. What kind of forms would she have you sign?
A. It was an -- I think it was a seller's form
saying that it's not stolen.
Q. All right. Did you ask her why you wanted -- why
she wanted you to sign that?
A. No, ma'am.
Q. Did you sign 'em?
A. Yes, ma'am.
Q. Weren't you worried about putting your name on
something?
A. At that point, no.
Q. Next time -- the next check that was written was
one written on June the 6th, again to you for a pressure
washer. Where did you get the pressure washer?
A. It was Westlake's.
Q. How did you get the pressure washer out of
Westlake?
A. Just went and got it off the shelf, took it up to
the register and told 'em I wanted to return it.
Q. Did it have any sticker or anything like that on
it to identify it?
A. No, ma'am. No, ma'am.
Q. All right. You just wheeled it up to a cashier
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
44/168
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
10:09:02
10:09:04
10:09:04
10:09:06
10:09:07
10:09:08
10:09:10
10:09:13
10:09:14
10:09:18
10:09:19
10:09:20
10:09:24
10:09:25
10:09:29
10:09:30
10:09:33
10:09:33
10:09:36
10:09:41
10:09:46
10:09:47
10:09:47
10:09:51
10:09:53
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
54
or to the customer service desk?
A. Cashier.
Q. And what did the cashier tell you?
A. They can't return it.
Q. Why not?
A. No receipt, manufacturer.
Q. All right. And then what did you do?
A. Walked out with it.
Q. Again, cashier believing that this was something
you brought in with you?
A. Yes, ma'am.
Q. You took that where?
A. To the Yellow House.
Q. All right. And on this occasion, you got $350?
A. Yes, ma'am.
Q. What were you doing with all the money you were
getting?
A. Smoking crack.
Q. The next day, June the 7th, you were in there
again getting a check. This time it's a check for $460.
Do you see that?
A. Yes, ma'am.
Q. All right. And that was for how many items?
A. It was a two, I believe.
Q. All right. A chop saw and a welder?
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
45/168
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
10:09:55
10:09:55
10:09:57
10:09:58
10:10:00
10:10:04
10:10:07
10:10:09
10:10:12
10:10:14
10:10:15
10:10:16
10:10:19
10:10:20
10:10:20
10:10:23
10:10:26
10:10:27
10:10:28
10:10:31
10:10:37
10:10:39
10:10:42
10:10:42
10:10:43
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
54
A. Yes, ma'am.
Q. Where did you get those items?
A. Home Depot.
Q. How did you get 'em out?
A. The same way, I'd act like I bought it, put the
sticker on it, walk to customer service, ran it down to
'em, they told me to leave.
Q. Now, did you take both items in your cart to
customer service at the same time or did you make two
trips?
A. Same time.
Q. All right. So, then you wheeled 'em out to your
car and you took 'em to Yellow House?
A. Yes, ma'am.
Q. All right. Now, each and every time you went to
the Yellow House, did you ever deal with anyone except
Carrie Neighbors?
A. No, ma'am.
Q. All right. And when you went in there on this
date, the day after you had been in there with an
expensive pressure washer, did Carrie Neighbors ask you
any questions about where you were getting all this new
stuff?
A. No, ma'am.
Q. Then were you in there again the next day, on
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
46/168
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
10:10:47
10:10:49
10:10:50
10:10:53
10:10:54
10:10:56
10:11:01
10:11:03
10:11:07
10:11:07
10:11:08
10:11:09
10:11:10
10:11:12
10:11:16
10:11:17
10:11:17
10:11:18
10:11:19
10:11:20
10:11:23
10:11:23
10:11:27
10:11:29
10:11:31
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
54
June the 8th with tools?
A. Yes, ma'am.
Q. And in that instance, you got a $200 check?
A. Yes, ma'am.
Q. Remember what kind of tools you were selling?
A. It was a --like a power drill set, like a set of
different tools, like a drill and a -- maybe a
flashlight, like there's more than one kind of tool in
there.
Q. Do you remember what brand?
A. De Walt.
Q. Why De Walt?
A. 'Cause it's expensive.
Q. And how did -- which store did you take it from?
A. Home Depot.
Q. Same way?
A. Yes, ma'am.
Q. Just walked it out?
A. Yes, ma'am.
Q. All right. You took that to Carrie Neighbors?
A. Yes, ma'am.
Q. She have you sign another one of those seller's
forms that said you didn't steal it?
A. Yes, ma'am.
Q. Then the next check here is the next day, June
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
47/168
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
10:11:37
10:11:40
10:11:43
10:11:45
10:11:45
10:11:46
10:11:46
10:11:48
10:11:52
10:11:52
10:11:59
10:12:01
10:12:02
10:12:03
10:12:05
10:12:08
10:12:09
10:12:10
10:12:11
10:12:14
10:12:17
10:12:20
10:12:23
10:12:25
10:12:28
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
54
the 9th where you took in a window air conditioner unit
and got a check for $275. Where did you get the window
air conditioner unit?
A. Home Depot.
Q. New?
A. Yes, ma'am.
Q. How did you get that out?
A. Same way, put a sticker on it and walked to
customer service.
Q. All right. Now, back in the summer of 2006,
did -- did you look pretty much like you look now?
A. No, ma'am.
Q. How -- how were you different?
A. About 60 pounds difference.
Q. Okay. But your head was shaved, correct?
A. Yes, ma'am.
Q. You wore a goatee most of the time?
A. Yes, ma'am.
Q. All right. Weren't you worried going back and
back and back to the same store with that scheme that
somebody would finally say, wait a minute, buddy, you've
been in here three times, you know, trying to return
items, what's going on? Did you worry about that?
A. Not really.
Q. And nobody stopped you at Home Depot?
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
48/168
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
10:12:33
10:12:34
10:12:36
10:12:39
10:12:41
10:12:44
10:12:45
10:12:46
10:12:47
10:12:50
10:12:54
10:12:54
10:12:55
10:12:58
10:13:01
10:13:31
10:13:34
10:13:39
10:13:40
10:13:47
10:13:48
10:13:51
10:13:54
10:13:57
10:13:58
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
54
A. No, ma'am.
Q. Again, was the window air conditioner in a box?
A. Yes, ma'am.
Q. And then you went into the store on June the 14th
of 2006 with the vacuum cleaner, correct?
A. Yes, ma'am.
Q. Where did you get that vacuum cleaner?
A. Kohl's.
Q. All right. And is that the time you went and
stole the vacuum cleaner, but Laura Helm did not go with
you?
A. I believe so, yes.
Q. Now, you had said earlier that one of the items
that you bought was a chop saw, correct?
A. Yes, ma'am.
Q. We're going to show you an exhibit that's all
ready in evidence.
OFFICER RANTZ: Which one would you like?
MS. PARKER: The chop saw please.
BY MS. PARKER:
Q. Mr. Cadenhead, Officer Rantz just brought up a
big box that says De Walt on it, and it's Government's
Exhibit 240. Do you recognize that?
A. Yes, ma'am.
Q. Is that the type of chop saw and the brand of
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
49/168
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
10:14:01
10:14:03
10:14:04
10:14:07
10:14:08
10:14:09
10:14:12
10:14:15
10:14:17
10:14:20
10:14:55
10:14:56
10:15:10
10:15:13
10:15:15
10:15:19
10:15:20
10:15:21
10:15:23
10:15:25
10:15:27
10:15:29
10:15:29
10:15:30
10:15:30
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
55
chop saw that you sold to Carrie Neighbors?
A. Yes, ma'am.
Q. All right. And did you later see that at the
Lawrence Police Department after it had been
re-purchased?
A. I'm not sure. I'm not --
Q. Okay. But this is consistent with the chop saw
that you sold Carrie Neighbors?
A. Yes, ma'am.
Q. Could I have just one second, Your Honor? We
have another exhibit to show you.
A. Yes, ma'am.
Q. Officer Rantz is bringing up a Dyson vacuum
cleaner, Government's Exhibit 143. Now, is this
consistent with the kind of vacuum cleaners that you and
Laura Helm were stealing?
A. Oh, yes, ma'am.
Q. And how are you able to say that?
A. 'Cause I recognize the blue sticker at the top.
Q. And what's that blue sticker mean to you?
A. I don't know. I just remember it being on the
box.
Q. All right.
A. 'Cause it --
Q. The box that you got from Kohl's?
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
50/168
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
10:15:32
10:15:34
10:15:54
10:16:09
10:16:14
10:16:17
10:16:24
10:16:26
10:16:27
10:16:27
10:16:28
10:16:31
10:16:32
10:16:33
10:16:35
10:16:36
10:16:38
10:16:38
10:16:40
10:16:42
10:16:46
10:16:48
10:16:49
10:16:51
10:16:52
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
55
A. Yes, ma'am, 'cause the officers asked me about
the blue sticker.
Q. Just one minute. I have to pull some exhibits.
Mr. Cadenhead, I want to show you some exhibits that
have all ready been admitted into evidence. I'm going
to start with Government's Exhibit 150.1. Do you
recognize the person in that video in that?
A. Yes, ma'am.
Q. Who is that?
A. Me.
Q. You look pretty much the same this summer as you
do now except you said you were heavier?
A. I was skinnier.
Q. Oh, I'm sorry, skinnier?
A. Yes, ma'am.
Q. Oh, you gained 60 pounds?
A. Yes, ma'am.
Q. All right. And when did you start losing weight?
A. When I got on crack.
Q. Show you Government's Exhibit 150.2. Can you
tell where you were when this was taken?
A. I believe it was Kohl's.
Q. All right. Were you arrested in Kohl's?
A. No, ma'am.
Q. Where were you arrested?
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
51/168
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
10:16:54
10:16:59
10:17:00
10:17:05
10:17:14
10:17:15
10:17:19
10:17:19
10:17:19
10:17:22
10:17:22
10:17:23
10:17:25
10:17:27
10:17:31
10:17:32
10:17:33
10:17:35
10:17:37
10:17:39
10:17:42
10:17:44
10:17:47
10:17:48
10:17:49
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
55
A. I was at home, and the officers wanted to talk to
me. They came by and got me.
Q. Okay. And here we have Government's
Exhibit 150.3. What are you doing here?
A. Putting something in the trunk.
Q. Were you putting a Dyson vacuum cleaner in the
trunk?
A. Yes, ma'am.
Q. Is this the one that you stole by yourself on
June 14th?
A. No, ma'am.
Q. What -- this was when you took it on the 5th?
A. With Laura.
Q. Okay. This is the time that you and Laura went
in and worked together?
A. Yes, ma'am.
Q. Did you and she work on -- work together on other
times when you stole stuff?
A. Sometimes.
Q. And when she worked with you, how did you split
the money?
A. We didn't really split it. We would just go get
some drugs and pretty much just --
Q. Share the drugs?
A. Yeah.
-
8/6/2019 DAY 4 Trial of Carrie Neighbors
52/168
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
10:17:49
10:17:55
10:17:58
10:17:58
10:18:05
10:18:06
10:18:06
10:18:10
10:18:12
10:18:16
10:18:18
10:18:21
10:18:27
10:18:31
10:18:34
10:18:37
10:18:41
10:18:43
10:18:44
10:18:45
10:18:46
10:18:48
10:18:49
10:18:51
10:18:52
USA V CARRIE NEIGHBO