day 6 trial of carrie neighbors

8/6/2019 DAY 6 Trial of Carrie Neighbors

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USA V CARRIE NEIGHBORS

NANCY MORONEY WISS, CSR, RMR, FCRR

90

UNITED STATES DISTRICT COURTDISTRICT OF KANSAS

UNITED STATES OF AMERICA, Docket No. 07-20124

Plaintiff, Kansas City, Kansas

Date: 9/20/10v.

CARRIE NEIGHBORS,

Defendant....................

TRANSCRIPT OFJURY TRIAL - DAY SIX

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


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90

I N D E X

GOVERNMENT'S WITNESSES:Bradley Byrne

Direct Exam by Ms. Parker 910Cross Exam by Mr. Duma 927

Re-Direct Exam by Ms. Parker 930John Neal Bers, Jr

Direct Exam by Ms. Parker 935Cross Exam by Mr. Duma 944

Patrick D NiederDirect Exam by Mr. Oakley 946Cross Exam by Mr. Duma 965Re-Direct Exam by Mr. Oakley 973Re-Cross Exam by Mr. Duma 974

Jerry GreeneDirect Exam by Mr. Oakley 976Cross Exam by Mr. Duma 981

Anthony 'Tony' ReyesDirect Exam by Ms. Parker 984Cross Exam by Mr. Duma 1041Re-Direct Exam by Ms. Parker 1058Re-Cross Exam by Mr. Duma 1059

Matthew McNemeeDirect Exam by Mr. Oakley 1061

Paula Keller SmithDirect Exam by Mr. Oakley 1070

Stacy Lynn Barnes-CatlettDirect Exam by Ms. Parker 1082

Cross Exam by Mr. Duma 1122James LudwigDirect Exam by Ms. Parker 1138Cross Exam by Mr. Duma 1163


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90

I N D E X

EXHIBITS: OFFERED RECEIVEDGovt's 3.1 960 961Govt's 6.3 1099 1099Govt's 8.1 1072 1072

Govt's 8.2 1077 1078Govt's 8.3 1075 1075Govt's 8.2 1077 1078Govt's 8.4 1068 1068Govt's 8.5 1064 1064Govt's 8.6 1065 1065Govt's 8.7 1066 1067Govt's 8.8 1079 1079Govt's 9.1 1113 1113Govt's 14.1 920 920Govt's 14.4 939 939Govt's 14.5 923 923Govt's 14.6 939 939Govt's 15.1, 15.2 1159 1159Govt's 16.2 1161 1161Govt's 151.1 978 978Govt's 231 979 979


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90

(9:10 AM, jury returned.)

THE COURT: Good morning.

THE JURY: Good morning.

THE COURT: Thank you. Had a long weekend.

UNIDENTIFIED JUROR: Short.

THE COURT: So, short for some, but we're

back here again in the courtroom. So again, just as a

reminder, as you've been doing throughout the trial,

please be alert, please be attentive to everything

that's being presented to you. We'll continue with the

evidence and the government's evidence, and Miss Parker,

if you're ready to proceed.

MS. PARKER: We are, Your Honor. At this

time the United States would call Bradley Byrne.

THE COURT: Please come forward. Before you

take your seat, I need for you to raise your right hand.

(Witness sworn.)

THE WITNESS: I do.

THE COURT: Please be careful as you sit

down. And as you give your answers, please speak up

loud and clear. Speak into the microphone. I'm sorry,

maybe no one has said, and I don't want to get you

nervous a little bit. Unless you're taking something

for a sore throat or something, usually if it's just

gum, we ask that you remove it during your testimony.


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That's okay.

THE WITNESS: Sorry.

THE COURT: That's okay. That's fine.

THE WITNESS: Sorry.

THE COURT: That's fine. It's only because

that way, your answers are probably a little bit

clearer. In any case, again, please speak into the

microphone, speak up loud and clear. Have you start

with you stating your name.

THE WITNESS: Name is Bradley Byrne.

THE COURT: What I'll ask, Mr. Byrne, if you

can move that microphone, just grab the base and move it

closer to you. There you go. Please spell your name.

THE WITNESS: B R A D L E Y. B Y R N E.

THE COURT: Thank you. Miss Parker.

MS. PARKER: Thank you, Your Honor.

BRADLEY BYRNE,

Called as a witness on behalf of the government, having

been first duly sworn, testified as follows:

DIRECT EXAMINATION

BY MS. PARKER:

Q. Mr. Byrne, you're here under subpoena, correct?

A. Yes.

Q. All right. And you're here because you have

agreed to cooperate in the investigation and the


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2009, you were convicted in Douglas County, Kansas of

the offense, felony offense of possession of opiates?

A. Correct.

Q. And opiates are drugs, correct?

A. Yes.

Q. And on July 2nd, 2009, in Douglas County, Kansas,

you were convicted of the felony offense of forgery?

A. Yes.

Q. And on January 28th of 2010, you were again

convicted of the felony offense of forgery, this time in

Johnson County, Kansas?

A. Correct.

Q. All right. Now, I'd like to direct your

attention to the year 2005, okay? In 2005, did you meet

an individual by the name of Michael Aldridge?

A. Yes.

Q. Where did you meet him?

A. County jail.

Q. And which county was that?

A. Douglas.

Q. Douglas County?

A. Yes, ma'am.

Q. All right. And were you in Douglas County for

those 2002 convictions you've just talked about?

A. Yes.


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Q. All right. And how long were you and

Mr. Aldridge in the county jail together?

A. About 30 days.

Q. You're going to have to lean forward and speak

into the microphone.

A. About 30 days.

Q. All right. Do you remember when that was?

A. August, September of '07.

Q. Of '07?

A. Or '0 -- well, '09 or -- not -- I'm sorry.

Q. I was directing your attention to --

A. I was out in '06. I believe it was '06.

Q. All right. Well, I was directing your attention

to 2005.

A. Okay.

Q. All right. And I'll tell you what --

A. My release date was, yeah, August 12th from DOC

of '05.

Q. All right.

A. And they took me on detainer to Douglas County.

Q. I'm sorry?

A. And they took me to Douglas County on detainer.

That's how I met Mr. Aldridge.

Q. All right. And when did you actually get out of

custody?


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A. 30 days. So, sometime the beginning of

September.

Q. Do I have to turn this on? Now, I want to show

you --

THE COURT: Are the jurors' monitors all on?

THE JURY: Yes.

THE COURT: Thank you.

BY MS. PARKER:

Q. I wanted to show you what's been marked

Government's Exhibit 121 which is all ready in evidence,

and it's a summary of checks that were written to you by

various individuals at the Yellow House. All right?

A. Okay.

Q. And I want to show you here, this first line

shows that on September 23rd of 2005, you received a

check for $230 for a flat screen and some tools. Do you

see that?

A. Yes, ma'am.

Q. Now, I wanted to ask you about that

September 23rd date.

A. Okay.

Q. September 23rd of 2005.

A. Okay.

Q. All right. Is this about the time you got out of

prison?


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A. Yes, out of --

Q. Out of jail?

A. Yes.

Q. I'm sorry, out of jail. And after you got out of

jail, did you re-associate yourself with Michael

Aldridge?

A. Yes.

Q. And when was that?

A. Within two weeks of getting released.

Q. And did you and Michael Aldridge form a

partnership of sorts to make money?

A. Yeah, you could say that.

Q. All right. And what did you and Michael Aldridge

agree to do?

A. I would agree to drive him to Topeka, and he

would get items, and I would -- because I had the legal

ID, I would return 'em.

Q. Where would he get the items that he was picking

up in Topeka?

A. Wal-Mart, Office Depot, Radioshack.

Q. How did he -- what did he use to pay for 'em?

A. Oh, I don't believe he paid for 'em at all.

Q. All right. He was stealing them?

A. Yes, ma'am.

Q. All right. And so, you would drive Michael


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Aldridge to Topeka, and he would tell you what store to

go to?

A. Yes, ma'am.

Q. All right. He'd go in with his arms empty,

correct?

A. Yes.

Q. He'd come out with new items?

A. Yes.

Q. And then where would you go with the new items?

A. Yellow House in Topeka.

Q. The Yellow House in Topeka. And who would go in

to sell the items?

A. I would.

Q. Why didn't Michael Aldridge go in?

A. Not sure why. There was a dispute, but he never

elaborated why, but he wouldn't go.

Q. All right.

A. Plus he didn't have ID.

Q. But you did have ID?

A. Yes, ma'am.

Q. All right. Now, let's go over some of these

checks. This first check here on September the 23rd of

2005, that was for flat screen and tools. Do you

remember whether either of those items belonged to you

or Michael Aldridge, or whether they were stolen?


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A. Flat screen I know didn't belong to me. The

tools I believe did.

Q. So, was the flat screen stolen?

A. Yes.

Q. All right. And then the next item down here is

on October the 12th of 2005. It was for radio and

camera. Do you see that?

A. Yes, ma'am.

Q. And were those stolen items?

A. I would believe so, yes.

Q. All right. When you took items to the Yellow

House, either did you sometimes go to the Yellow House

in Lawrence as well?

A. Yeah, there were times.

Q. And when you took stolen items in --

A. Uh-huh.

Q. -- were they usually -- were they always new in

the box items?

A. Usually not in the box. In the plastic

sometimes.

Q. All right. And do you know why they weren't in

the box?

A. Well, my assumption would be is because it's

harder for Mike Aldridge to get 'em out of the store.

Q. In the box?


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October 14th, and that's for night vision security

cameras?

A. Yes, ma'am.

Q. Where did you get those?

A. Radioshack.

Q. Did you get 'em or did Michael Aldridge?

A. No, Michael Aldridge did.

Q. New?

A. Yes.

Q. Stolen?

A. Yes.

Q. The next one is October 24th. It's an Easy Share

camera and surveillance camera. Do you see that?

A. Yes, ma'am.

Q. All right. Were those new and stolen?

A. Yes.

Q. And these checks are all written to you?

A. Yes, ma'am.

Q. Correct? Did you ever get paid any way except by

check?

A. Not to my knowledge, no.

Q. The next item here on 10/26 of '05 is a fish

finder. Do you see that?

A. Yes, ma'am.

Q. Where did you get the fish finder?


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A. Went to Cabela's one day. I was --

Q. Now, I'd like to show you Government's

Exhibit 14.1, ask you if you'd take a look at that

please. What's that?

A. Three checks.

Q. All right. I just wanted you to look at the one

in the middle that has your name on it. Do you see

that?

A. Yes, ma'am.

Q. All right. Is that a check you got at the Yellow

House?

A. Yes, ma'am.

Q. All right.

MS. PARKER: Your Honor, at this time

government offers Government's Exhibit 14.1.

THE COURT: Any objection?

MR. DUMA: No objection.

THE COURT: At this time the court admits

Exhibit 14.1.

BY MS. PARKER:

Q. I'm going to put this Government's Exhibit 14.1

on the overhead, and you can either look at the actual

exhibits in your hand or on the screen. But this shows

that this check was written, looks like 10/20 of '05.

Correct?


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A. Yes, ma'am.

Q. All right. And it was for $275?

A. Yes, ma'am.

Q. And what was it for?

A. Fish finder.

Q. All right. And you got that fish finder at

Cabela's?

A. Yes, ma'am.

Q. All right. Now, $275, does that amount indicate

to you how many fish finders you sold that day?

A. More than one.

Q. All right. So, several?

A. Yes, ma'am.

Q. All right. And you got all of those at Cabela's?

A. Yes.

Q. Now, that's the Cabela's that's on the western

part of Wyandotte County out there at the Legends,

correct?

A. Yes, ma'am.

Q. So, where did you take these fish finders when

you bought them? I mean, I'm sorry when you stole them?

A. The Yellow House.

Q. All right. And who did you deal with at Yellow

House?

A. Usually Guy, but on this occasion, I believe it


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was the one in Lawrence.

Q. All right. Well, do you recognize the signature

on that check as Carrie Neighbors?

A. Yeah.

Q. All right. And this shows that the check was

written on a Yellow House Quality Appliance account with

an address on Massachusetts Avenue in Lawrence, correct?

A. Yes.

Q. All right. Do you know Carrie Neighbors by

sight?

A. Yeah.

Q. All right. Do you see her in the courtroom?

A. Yeah, she's sitting over there.

Q. All right. And would you just describe what

color her jacket is?

A. I think it's gray.

Q. When you took the fish -- now, let me just ask

you this. We talking about -- that says fish finder.

Is a fish finder the same thing as a depth finder?

A. Yeah, I believe so.

Q. It's something that --

A. Electronic.

Q. Yeah, fish finder means to find fish?

A. Yeah.

Q. All right. Mr. Byrne, I want to show you what's


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been marked as Government's Exhibit 14.5 and ask you if

that appears to be a fair and accurate photograph of one

of the fish finders or depth finders that you sold to

Carrie Neighbors that day?

A. Yes.

MS. PARKER: Your Honor, at this time

government offers Exhibit 14.5.



THE COURT: At this time court admits

Exhibit 14.5.

BY MS. PARKER:

Q. I'm going to put Government's Exhibit 14.5 on the

overhead. And some of the items in this packet are

still in their plastic, correct?

A. Yes.

Q. And you would have left it like that?

A. Yes.

Q. All right. And that indicates to someone who

looks at that configuration of items that they are what,

new, used?

A. New. New.

MR. DUMA: Judge, I'm going to object to

this as a leading question.

MS. PARKER: Okay. I'll rephrase it.


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BY MS. PARKER:

Q. The -- when you look at this photograph?

A. Yes, ma'am.

Q. Seeing the items that are here in plastic, what

does that indicate to you about whether or not you used

this item?

A. New or fairly new.

MR. DUMA: Object to that as being

irrelevant as to whether it indicates to this particular

person.

THE COURT: Sustained.

BY MS. PARKER:

Q. See, I think I gave you a copy of this. Let me

give you the original. Did Carrie Neighbors ask you

anything about where you got multiple new fish finders?

A. No, ma'am.

Q. Next item here on this summary chart is -- shows

that a check was written to you on October the 28th of

2005, and this time it was for a computer. Do you see

that?

A. Yes, ma'am. Yes, ma'am.

Q. All right. And is that a copy of that check,

says computer?

A. Yes, ma'am.

Q. All right. And that was again written by whom?


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Q. And how was the money split?

A. In half.

Q. All right. What did you do with your half of the

money? How did you spend your money?

A. Well, bills and gas and a habit.

Q. What kind of habit?

A. Smoked cocaine.

Q. You smoked cocaine?

A. Yes, ma'am.

Q. All right. Did you ever smoke it with Michael

Aldridge?

A. Once.

Q. So, you needed money for drugs?

A. Yes, ma'am.

Q. Thank you. I have nothing further.

MS. PARKER: Your Honor, excuse me, if I --

did I offer 14.1, because if I did not --

THE COURT: 14.1?

MS. PARKER: Yes.

THE COURT: Yes.

MS. PARKER: Thank you.

THE COURT: Cross-examination?

MR. DUMA: Thank you, Your Honor.

CROSS EXAMINATION

BY MR. DUMA:


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Q. Mr. Byrne, would it be fair to say that you were

addicted to crack cocaine during the period of time that

you were helping Mr. Aldridge take that stuff to Yellow

House?

A. Yes, ma'am -- or yes, sir.

Q. All right. And you gave a statement to the

police in this case, correct?

A. Yes.

Q. And you actually came in with an attorney, right?

A. Yes.

Q. Randy McCullough?

A. Yes.

Q. All right. And you actually had a -- an

agreement signed by both your attorney, you, and the US

government that whatever you said would not be used

against you, correct?

A. Yes.

Q. And that's why you cooperated, correct?

A. Yes.

Q. All right. Now, you at one time back in the late

nineties sold Carrie Neighbors a couple of things.

Would you agree with that?

A. Yes.

Q. All right. And those things that you sold to her

back then were not stolen. Would you agree with that?


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A. Yes.

Q. All right. And you were asked by the police if

you ever had any conversations with Guy Neighbors about

whether anything of what you was selling was stolen, and

you said no, correct?

A. Yes.

Q. And that's the truth, right?

A. Yes.

Q. All right. And you told them the only thing Guy

asked for was identification which Guy recorded on the

sales receipt ledger?

A. Yes.

Q. Correct?

A. Yeah.

Q. So, Guy always asked for identification when you

came in to sell stuff, right?

A. Yes.

Q. All right. And Guy never seemed suspicious of

the merchandise, and that it was your opinion if Guy

knew that if the property was stolen, he probably would

not buy it, and ask you to leave, correct?

A. True.

Q. Now, you and Mr. Aldridge were kind of a

partnership I think as the government described it in

terms of stealing -- selling -- or stealing stuff and


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then selling it, correct?

A. Yeah.

Q. Did Mr. Aldridge ever tell you that Carrie

Neighbors gave him a car to go out and steal stuff?

A. No.

Q. Okay. I don't have any further questions. Thank

you. Oh, I do have one more question. This -- you

always got paid by check, right?

A. Yes.

Q. All right. And this sign on the door, no stolen

items, was it -- was it big enough for anybody that

walked in there to see it?

A. At eye level right when you walk in.

Q. All right. Thank you. No further questions.

THE COURT: Any redirect?

MS. PARKER: Just several questions.

RE-DIRECT EXAMINATION

BY MS. PARKER:

Q. You were asked about Guy Neighbors writing your

identifying information on his ledger?

A. Yes.

Q. All right. Did Carrie Neighbors ever take any

identifying information from you?

A. Yes, she did.

Q. What did -- all right. Here we have the check


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that is 13795, which is the one for the -- it's faint,

but it's for the fish finders?

A. Yes.

Q. All right. And it looks like a thumb print

there?

A. Yes.

Q. Where did that come from?

A. Probably the bank.

Q. All right. And there's some things blocked out,

but when you went to the bank, excuse me, to cash the

check, did you have to show ID?

A. Yes.

Q. Which was why Michael Aldridge needed you to

begin with, right?

A. Yes.

Q. All right. So, this information here that's been

blacked out, was that put on there by the bank when you

went to cash the check?

A. Yeah.

Q. All right. So, from looking at the check, if you

take away the things that the bank put on there, Carrie

Neighbors didn't write anything identifying on this

check, did she?

A. No.

Q. Other than your name?


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A. No.

Q. The other Check 13828 for the computer, again,

there's that thumb print. Where was that put on?

A. The bank.

Q. All right. And on this check, Carrie Neighbors

did not record any identifiers, right?

A. No.

Q. When did she ask you for ID?

A. Well, to fill out for my name on the check to

make sure I was who I said I was.

Q. All right. But didn't record anything on this

check?

A. Not on the check itself.

Q. You were also asked about using or smoking crack

cocaine?

A. Yes.

Q. While you and Michael Aldridge were committing

these thefts, right?

A. Yes.

Q. All right. When was the last time you smoked

crack?

A. It's been almost 10 years.

Q. How many?

A. 10 years.

Q. All right. But if this is 2005?


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A. Yeah.

Q. And you were smoking crack in 2005?

A. Right. Well, okay.

Q. This is 2010?

A. You're right, five years --

Q. All right.

A. -- is what it is.

Q. What made you stop smoking crack?

A. Well, trouble.

Q. Going to jail?

A. Yes.

Q. Thank you. Nothing further.

THE COURT: Any re-cross on that?

MR. DUMA: No, Your Honor. Thank you.

THE COURT: Was the witness subpoenaed to

testify?

MS. PARKER: He was, Your Honor.

THE COURT: Are you asking that he be

released from his subpoena?

MS. PARKER: Yes, sir.



THE COURT: At this time you are released

from your subpoena. The only thing that I'll ask before

you leave is that as you leave the courtroom, first of


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all, you are excused, you're free to go. The only thing

is for you not to discuss your testimony, what you said

in here, with anyone else as you leave.

THE WITNESS: Okay.


MS. PARKER: Your Honor, as its next witness

the government would call Jackie Bers.

THE COURT: Before you take your seat, need

for you to raise your right hand.

(Witness sworn.)

THE WITNESS: Yes, I do.

THE COURT: 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: Okay.

THE COURT: Have you start with you stating

your name.

THE WITNESS: My name is John Neal Bers,

Junior.

THE COURT: Please spell your name.

THE WITNESS: J O H N. Last name is Bers, B

E R -- B E R S.

THE COURT: Thank you. Miss Parker.

JOHN NEAL BERS, JUNIOR,


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DIRECT EXAMINATION

BY MS. PARKER:

Q. Mr. Bers, do you have a nickname?

A. Yes, I go by Jackie.

Q. Jackie. All right. And what town do you live

in?

A. Right, now I live in Gardner, Kansas.

Q. I want to direct your attention to late 2005 or

early 2006. Where were you employed at that time?

A. I was employed with Cabela's, Incorporated in

Kansas City, Kansas.

Q. And that's the one that's out in the Legends?

A. Yes, ma'am.

Q. And what was your job title?

A. I was a senior asset protection manager for

Cabela's.

Q. And what are the duties of a senior asset

protection manager?

A. I secure the building and apprehend, prosecute

people who steal from the company, and those things.

Q. All right. In November of 2005, was Cabela's

having a problem with fish finders or depth finders?

A. Yes, we were.


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Q. All right. Now, I use the term fish finders, and

then I said depth finders. Are they the same thing?

A. Yes, they are.

Q. All right. Would you tell the jury what kind of

problems you noticed at that time at Cabela's with fish

finders?

A. Sure. We had had a number of different fish

finders, depth finders that had been stolen, and they

had been removed from their package and carried out of

the building with the packages being left behind, and

so, we were investigating numerous fish finders, depth

finders that were missing from our inventory.

Q. Okay. And you were able to identify the missing

fish finders 'cause you kept finding empty boxes?

A. That is correct.

Q. All right. Were there any identifying -- was

there any identifying information on the boxes about the

fish finders?

A. Yes.

Q. What was that?

A. The type of fish finder that they are as well

as -- okay. The type of fish finder, meaning make and

model as well as serial numbers located on the physical

-- the boxes as well.

Q. Do you remember what the average retail box of


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the depth finders or fish finders were that you were

finding stolen?

A. Umm, I don't remember an average, but they were

ranging in prices from $200 up to about $700.

Q. Pricey items?

A. Yes.

Q. All right. Were there any security devices on

those boxes?

A. Yes. We placed a -- a sticky electronic article

surveillance device, which set off our alarms at the

front doors.

Q. All right. So, leaving the box behind would also

leave that detection device behind as well?

A. That's correct.

Q. All right. What did you do to try to locate the

missing fish finders?

A. Well, since we had the boxes and we knew after

doing some inventory that our inventory numbers were

incorrect, and we didn't have the units for those boxes,

we did some investigating through the internet, looking

for fish finders that were potentially for sale through

eBay and other avenues like Craig's List and those kinds

of things to determine if somebody had stolen them and

then were trying to sell them.

Q. And were you able to locate on any of the


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internet sites fish finders that matched the

descriptions of the ones you were missing?

A. Yes. We located a fish finder. I believe it was

an X 52 Lorance unit on eBay, and it was for sale there,

and it was -- and it was brand new without the box. So,

all the contents were there except for the box.

Q. Do you remember the e-mail address or the

identifier of the owner of that web site?

A. Yes, it was Bargain Guy -- Bargain Guy 44.

Q. Bargain Guy 44. So, when you found this depth

finder on Bargain Guy 44's site, what did you do?

A. I made contact with my supervisors and made plans

to purchase the sonar unit from eBay, and through --

from Bargain Guy 44 to try and identify the serial

number matching the box that we had.

Q. And were you the successful bidder for that item?

A. Umm, I was not. Our store manager Randy Smiley

was, and yes, we were, we purchased that item.

Q. All right. And let me show you what has been

marked Government's Exhibit 14.4. Can you tell the

court and jury what that exhibit is please?

A. Umm, that is the portion of the box that the

sonar unit came from that Randy Smiley purchased for our

store.

Q. That's the mailing label?


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A. Yes, it is.

Q. Show you Government's Exhibit 14.6. Can you

identify that please?

A. Umm, yeah, that's a photograph of the box

indicating the serial number of the Lorance unit that we

purchased, 050822.

Q. And was this photograph taken before you bought

back the unit?

A. Yes, it was.

MS. PARKER: Your Honor, at this time the

government offers Government's Exhibit 14.4 and 14.6.


MR. DUMA: No objections.


Exhibit 14.4 and 14.6.

BY MS. PARKER:

Q. I'm going to put these up probably in reverse

order, but starting with 14.6. You've identified that

as a photograph of the empty box you found at Cabela's?

A. That is correct.

Q. All right. And the serial number is on this

item?

A. Yes, it is.

Q. Is that this number?

A. No, ma'am, it's in pink.


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Q. Oh, up here?

A. Nope, just down below there.

Q. Oh, there?

A. Right there.

Q. 050822?

A. Yes, ma'am.

Q. All right. Then you said you received the item

back because Randy Smiley was the successful bidder, and

I am putting up Exhibit 14.4 that you've identified as

the mailing label, correct?

A. Yes, ma'am.

Q. And this shows that it went back to Mr. Smiley?

A. Yes, ma'am.

Q. All right. And at an address in Tonganoxie,

Kansas?

A. Yes, ma'am, that was his residence.

Q. All right. And where did the item -- what does

this mailing label show the item came from?

A. From Yellow House Store in Topeka.

Q. All right. Finally, I'm going to show you what's

all ready in evidence as Government's Exhibit 14.5.

A. Yes.

Q. Do you recognize this picture?

A. Umm, yes, it's the contents of the box, the items

that were purchased back from the eBay purchase.


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Q. Now, the box that's visible here, did that box

come in the mailing from the Topeka Yellow House Store?

A. No, ma'am, that was the box that we had in our

possession that was left behind.

Q. All right. And these items, there's -- looks

like three, maybe more, but there are two packages and

then a little square looks like the fish finder itself.

What -- how did those get to you?

A. Umm, those came in the box from the -- with the

Yellow House label on it.

Q. So, they came to you without a box?

A. Yes, ma'am.

Q. Now, is there a serial number actually on the

unit itself?

A. Yes, there is, on the back of the unit.

Q. And after you compared it, you made what

determination?

A. I determined that the serial number on the back

of the unit matched the box that we still had in our

possession.

Q. Did you ever contact anybody at the Yellow House

Store in Topeka to find out where they got your fish

finder or --

A. No, ma'am.

Q. In the course of your employment at Cabela's?


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A. Yes.

Q. Did you come into contact with a person named

James Ludwig?

A. Yes, I did, ma'am.

Q. All right. And do you remember approximately

when that was?

A. It would have been late November of 2005, maybe

early 2006. I don't remember exact dates.

Q. About the same time that all this --

A. Yes, it was actually in reference to the same

time period that this was occurring.

Q. And how did you come into contact with

Mr. Ludwig?

A. Umm, we had had numerous thefts. We had a

firearm that was attempted theft, and we were able to

identify an individual from that, and we started

watching for that individual to come back in the

building, and at a later date, Mr. Ludwig came back into

our building and actually tried to steal a sonar unit.

Q. And what's a -- how's a sonar unit different than

a depth finder?

A. They are -- they are the same, just multiple

different - depth finder, fish finder, sonar unit -

multiple different names for the same item. He picked

one of those items up and attempted to leave our


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94

building without paying for it in its box, and walk out

the doors without paying for it.

Q. So, he used a different method?

A. He did use a different method.

Q. All right. And he didn't get out the door with

his stolen sonar unit?

A. No, the alarm system went off as it was supposed

to. He then turned around and came back into the store

and refunded the sonar -- tried to -- tried to refund

the sonar unit, which at that time, when he did, we

arrested him for theft.

Q. All right. So, if I understand it, he tried to

get out of the store without paying for the device?

A. Yes.

Q. The alarm went off?

A. Yes.

Q. And he did a 180 and came back in and tried to

say he'd bought it and he wanted a refund?

A. Yes, ma'am.

Q. And at that time, while he was waiting to get his

money back, you arrested him, or detained him?

A. Actually, we allowed him to make the refund, and

at the point that he took possession of the -- the funds

for the refund, we actually arrested him at that point.

Q. Thank you, sir. I have no further questions.


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A. You're welcome.

THE COURT: Cross-examination?

MR. DUMA: Thank you.

CROSS EXAMINATION

BY MR. DUMA:

Q. It's my understanding that you were able to look

at the serial number on the stuff that you purchased and

check that with the box to show that was the one that

was stolen out of your store?

A. Yes, sir.

Q. Can you take that serial number just by itself

and trace that back to your store?

A. Yes, we can.

Q. All right. Thank you. No further questions.

THE COURT: Any redirect on that?

MS. PARKER: No, Your Honor.

THE COURT: Was the witness subpoenaed to

testify?

MS. PARKER: He was.

THE COURT: Are you asking that he be

released from his subpoena?

MS. PARKER: Yes, we are.

THE COURT: Any objection, Mr. Duma?

MR. DUMA: No objections, Your Honor.

THE COURT: At this time, sir, you are


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94

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've said in here,

with anyone else as you leave.

THE WITNESS: Okay.


THE WITNESS: Thank you.

MS. PARKER: Your Honor, as its next

witness, Mr. Oakley will be conducting direct

examination on Patrick Nieder.

UNIDENTIFIED JUROR: Excuse me, Your Honor,

could we please have them move that chair so it's not

blocking the exhibits there?

THE COURT: Yes. Yes. Thank you.

UNIDENTIFIED JUROR: Thank you.

THE COURT: Please come forward. Before you

sit down, need for you to raise your right hand.

(Witness sworn.)

THE WITNESS: Yes, Your Honor.

THE COURT: Take your seat, and 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: Can I move it?

THE COURT: Yes.


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94

THE WITNESS: Okay. Is that all right?

THE COURT: Let's see.

THE WITNESS: Is that all right?

THE COURT: Have you start by you stating

your name.

THE WITNESS: Patrick D Nieder.

THE COURT: What I'd ask you do, you move

that microphone, grab that down, closer to your mouth.

Right there, if you would. Can you --

THE WITNESS: Patrick D Nieder.

THE COURT: Can you please spell your name?

THE WITNESS: P A T R I C K. Middle initial

D. Last name N I E D E R.

THE COURT: Thank you. Mr. Oakley.

PATRICK D NIEDER,



DIRECT EXAMINATION

BY MR. OAKLEY:

Q. Mr. Nieder, you're called as witness in this

investigation, correct?

A. Yes, sir.

Q. And did you agree -- agree to cooperate in this

investigation?

A. Yes, sir.


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94

Q. And were you told by law enforcement that in

exchange for your cooperation, that they wouldn't use

anything you said to bring new charges against you?

A. Yes, sir.

Q. Sir, I wanted to talk to you a little bit about

your criminal history. You have a criminal history?

A. Yes, sir.

Q. In 1999, were you convicted in Douglas County of

two counts of aggravated battery?

A. Yes, sir. It was a car accident with my kids in

the car.

Q. And in 2003, were you convicted in Wyandotte

County of misdemeanor obstruction?

A. Yes, sir.

Q. And in 2005, were you convicted in Douglas County

of felony theft?

A. Yes, sir.

Q. And in 2005, were you also convicted in Johnson

County of felony forgery?

A. Yes, sir.

Q. And in 2006, were you convicted in Douglas County

of three counts of felony forgery?

A. Yes, sir.

Q. And in 2006, were you convicted in -- looks like

in El Dorado Correctional Facility of felony theft?


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94

A. No, not in El Dorado Correctional Facility, I

didn't have no charges, sir.

Q. Okay. Did you have a felony theft conviction in

2006 that resulted in you being incarcerated in El

Dorado?

A. Yes.

Q. And then also, did you have a felony theft

conviction again in 2006 in Jefferson County?

A. Yes, sir.

Q. Sir, do you know Guy and Carrie Neighbors?

A. Yes, sir, I do.

Q. And how do you know them?

A. We all grew up in Lawrence, Kansas, and then I

know 'em through Yellow House.

Q. So, you knew them before you began dealing with

Yellow House, because all three of you grew up in

Lawrence?

A. Well, yeah, they were older than I was, but yeah,

we -- they grew up in Lawrence.

Q. Okay. At some point, did you begin selling items

to Yellow House?

A. Yes, sir, I did.

Q. And who -- who did you deal with most frequently,

was it Guy or Carrie?

A. Carrie.


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94

Q. And the Yellow House Store that you sold to, was

it the one in Lawrence?

A. Yes, sir.

Q. When did you start selling things to Yellow House

in Lawrence?

A. '98, '99, right around in there, sir.

Q. Okay.

A. If I remember right.

Q. Okay.

A. Been a while.

Q. Late nineties?

A. Yes.

Q. Okay. And when did you stop selling things to

Yellow House?

A. Probably 2003, something like that, 2004 maybe, I

don't know.

Q. Okay. Sometime in the early to mid 2000's?

A. Yes. Yes, sir.

Q. Now, do you remember the first items that you

sold to Yellow House?

A. It was a bunch of windows I believe, a bunch of

brand new windows.

Q. Where did you get these brand new windows?

A. Traded 'em. I dealt cocaine, and they were

traded to me.


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95

Q. Okay.

A. In -- I mean, you know what I mean, I traded

cocaine for the windows, and then I sold 'em to Carrie.

Q. Okay. Were you a cocaine dealer at the time?

A. Yes, sir, I was.

Q. And did you ever exchange cocaine for items other

than cash?

A. Excuse me, could you -- I'm --

Q. Did you ever trade cocaine for property, for

other property?

A. Did it all the time.

Q. Okay. And you said one of the things you -- you

traded was cocaine for windows?

A. Yeah, windows, tile, all kinds of stuff, sir.

Q. Okay. I want to talk to you specifically about

the first thing that you sold, you said were windows.

You described them as a bunch of windows. Do you

remember how many?

A. 20, 25 to 30 windows, quite a few windows. I

mean, I can't remember exact number right now, but it

was quite a few.

Q. Were these brand new windows?

A. Brand new.

Q. How could you tell they were new?

A. They were still in the package.


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Q. Okay. And where did you receive them? You said

you received 'em from -- in exchange for cocaine?

A. Right.

Q. Do you know where the person that gave them to

you got the windows from?

A. No, I never asked that.

Q. Other than the brand new windows, what other

types of property would you sell to Yellow House?

A. Tile, electric tools, all kinds of stuff, sir,

compressor, I mean, I think the truth be known, I think

they even picked up a compressor from there, Lawrence

police did, I think is one of my Douglas County charges.

Q. Okay. Well, let me talk to you about the

compressor while you're mentioning it. You said they

picked up a compressor from there. Who are you talking

about?

A. I think -- no, actually I think it was Jefferson

County that the compressor -- one of my charges in

Jefferson County was from the compressor, and they went

to Yellow House and picked up the compressor.

Q. So, one of your convictions was for felony theft

out of Jefferson County, and that was a compressor that

you stole?

A. I didn't steal it, but I didn't turn in who did

steal it, sir. Yeah, I took the charge.


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Q. Okay. It was stolen property?

A. Yes, sir, it was.

Q. And that was from -- from someone in Jefferson

County?

A. Yes, sir.

Q. Now, was that a new item or is that a used item?

A. Used item, I believe.

Q. Used. Okay. And so, that one was used?

A. Yes, sir.

Q. Other property that you sold to Yellow House, you

said some of it you received in exchange for drugs?

A. Yes. Most all of it, sir.

Q. Most all of it?

A. Pretty much all of it, yeah.

Q. And was most of the property new or used?

A. Used.

Q. When you first started dealing with the defendant

Carrie Neighbors, did she ever discuss with you the type

of property that she wanted?

MR. DUMA: Judge, I'll object to that as a

leading question.

THE COURT: Any response?

MR. OAKLEY: No, Your Honor. Your Honor, if

it is leading, it's introductory to get the witness

pointed in the right direction so I can ask follow-up


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questions.

THE COURT: Objection overruled. Do you

remember the question you were asked?

THE WITNESS: No. Could you ask me it again

please, sir?

BY MR. OAKLEY:

Q. Did the defendant ever discuss with you the type

of property that she wanted?

A. She said electrical things. I mean, power tools.

I mean, put it this way, I took her a lot of stuff, and

it always sold anyway.

Q. Okay. Do you know how much stuff you took in?

A. A lot.

Q. When you say a lot, how frequently were you

dealing with Yellow House?

A. Everyday.

Q. Everyday?

A. Or ever other day. Let's say three times a week

to be comfortable. How's that.

Q. Okay. Most of the time, were you paid in cash or

by check?

A. Cash.

Q. Cash? Sometimes did you receive checks?

A. Yeah.

Q. I want to hand you what's been admitted into


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evidence as Government's Exhibit 122, and directing your

attention to 122, this is a notebook that contains

copies of checks, and at the beginning is a summary.

Would you look at that and let me know if that appears

to be the checks that the defendant wrote to you?

A. You want me to flip through this and look through

them? Is that what you're saying?

Q. Yes, sir, if you could just look and verify that

those are -- appears to be copies of checks that the

defendant wrote to you.

A. Yeah, they're all my signatures on the back, I

mean, yeah.

Q. And directing your attention to the first page,

does that appear to be a summary of those checks that

follow?

THE COURT: Has that all ready been

admitted?

MR. OAKLEY: It has, Your Honor.

THE WITNESS: Yeah, it's a pretty good track

record.

BY MR. OAKLEY:

Q. Okay. And I'm not going to go through all of

these with you, but for instance, the first check date

appears to be September 13th of 2004?

A. Yes, sir.


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Q. For $100?

A. Yes, sir.

Q. And there's no memo, but looking through the memo

on the checks, it appears there's an edger, a tiller,

trimmer, power washer, lawn mower, fans. Are those the

sort of things that you were selling to the defendant?

A. Yes. Yes, sir.

Q. Now, do you know if the items that you were

receiving in exchange for drugs were stolen?

A. I had a good idea, sir.

Q. Okay. And what makes you --

MR. DUMA: I'm going to object to that as

being non-responsive to the question.


BY MR. OAKLEY:

Q. Okay. Do you know whether or not the items that

you --

A. Yes, they were.

Q. And how do you know that?

A. The people told me so.

Q. Okay. When you sold the items to the defendant,

did you tell her whether or not they were stolen?

A. I can't say I told her -- told her every one was

stolen, but yes, she knew they were stolen, yes.

Q. Did -- you told her some items were?


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A. I mean, didn't go in there and go, here, this is

stolen, you know, when I -- I mean, every time. I mean,

yeah, she had a good idea.

MR. DUMA: Judge, may we please approach the

bench?

THE COURT: Come up.

(Proceedings held at the bench, outside the

hearing of open court.)

MR. DUMA: Your Honor, that last response

was non-responsive. He blurted out that she had a good

idea, and I'd ask that the jury be instructed that that

be disregarded.

MR. OAKLEY: It was non-responsive, and I

don't object to the court telling the jury, and I will

try, and I mean, obviously, I can't control what he

says, but I will instruct him to answer the questions I

ask, if the court wants me to.

THE COURT: Anything else?

MR. DUMA: No, Your Honor.

THE COURT: I'll sustain the objection.

I'll put both counsel on notice, if you ask the witness

a question and then you hear their answer, not knowing

what it is before you actually hear it, and as they're

going through it, hopefully, you interrupt if you know

that that's not responsive to your question, and even


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when they're finished, if it's not responsive, you need

to tell 'em that, and tell 'em to answer the question

that you're actually asking them. Please return.

MR. DUMA: Thank you.

(Proceedings continued in open court.)

THE COURT: Objection sustained. In regards

to the witness's last answer to the question he was

asked at the time of the objection, the court is going

to sustain the objection and strike his response from

the record and ask the jury to disregard his last

answer. Please continue.

BY MR. OAKLEY:

Q. Let me ask you this, Mr. Nieder, and please just

answer the question I'm asking.

A. Okay.

Q. Did you ever tell the defendant that the items

that you were selling to her were stolen?

A. Yes, sir, I did.

Q. And did you say that more than once?

A. Yes, sir, I did.

Q. What was her response to you after you told her

the items that you were selling to her were stolen?

A. Umm, she still took 'em, I mean.

Q. She still bought them from you?

A. Yeah.


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Q. Did you ever tell her that some of the items that

you were selling, you had received in exchange for

drugs?

A. No, I never let her know that part of it, sir.

Q. Okay. Did you ever tell her that you were

selling drugs?

A. I can't say that I did, sir.

Q. Okay. Did you testify in this case in front of

the grand jury?

A. I believe I -- yes, sir, I did.

Q. Okay. Would looking at your grand jury testimony

help you refresh your recollection as far as whether you

could have told the defendant that?

A. It's been a few years, yeah, that might be okay.

Q. Okay. I'm going to hand you a copy of the

transcript, and I want you to read this yourself on Page

8 beginning at Line 14 through Line 24. Read that

yourself.

A. Okay.

Q. Does that refresh your recollection?

A. Yeah. Yeah, it probably does, sir. Yes, it

does.

Q. Okay. Did you tell the grand jury that you --

you may -- that you probably told her?

A. Yes, I probably did, yes, sir.


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Q. Now, as you sit here today, do you remember

whether or not you told her that the items that you sold

her you had received in exchange for drugs?

A. Yes, sir, they probably -- yes, sir.

Q. Okay. Is there any question that -- in your mind

that you told her that the items you sold were stolen?

MR. DUMA: Objection to that, Your Honor.

That's a leading question.


BY MR. OAKLEY:

Q. Did the defendant ever tell you what to say if

you got caught?

A. Yeah, that I wasn't selling 'em there. I wasn't

selling 'em to Yellow House, sir.

Q. She told you to say that?

A. Yes, sir.

Q. What did she tell you to say about the items that

you were -- that you had that were stolen?

A. I can't remember. She told me something, sir. I

can't recollect what it was right off-hand. I don't

want to lie about it either.

Q. Okay. Do you remember -- do you know what she

did with the items that you sold to her?

A. Yeah, she put 'em on the internet and sold 'em,

or on eBay or something. I mean, I'm -- yeah, put 'em


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96

on the internet or something.

Q. How do you know that?

A. Because I was there quite frequently, sir, and

like when I took the windows in, the windows were gone a

few hours, I mean, and she pretty much told me what she

was doing with 'em, so --

Q. Okay. You said that you were in there

frequently. The items that you sold her, did you ever

see them in the shop set out for sale?

A. Very few of 'em, the ladders and a compressor

maybe is all I remember seeing in there after I sold 'em

to her. Been a long time though, could have been more.

Q. Sir, I'm now going to hand you what's been marked

as Government's Exhibit 3.1, and that's a copy of a

series of three checks. I direct your attention to the

last check. Does that look familiar to you?

A. Third one down here, right, or --

Q. Yes, sir. Yes, sir, that last check?

A. Yes, sir.

Q. And does that appear to be a check that was

written to you from the defendant Carrie Neighbors?

A. Yes, sir.

MR. OAKLEY: Your Honor, at this time I'd

offer Government's Exhibit 3.1.



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Exhibit 3.1.

THE WITNESS: Do I set this here?

BY MR. OAKLEY:

Q. Yes, sir. And sir, that's a copy of the check

that you received from the defendant?

A. Yeah.

Q. And --

A. Yes, sir.

Q. Direct your attention to the memo line. Does

that appear that that was for a drill sharpener?

A. That's what it says, sir, yes.

Q. Okay. Now, looking at that check, there appears

that there's a thumb print on it?

A. Yes, sir.

Q. As well as some information that's been

obliterated. When you sold items to the defendant, did

she ever require you to show a driver's license or any

other sort of ID?

A. No, sir.

Q. When you cashed the check, were you required to

provide the thumb print along with the identification?

A. Yes, sir.

Q. And lookin

day 6 trial of carrie neighbors

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