marietta parker disputing john duma's withdraw in the case against guy and carrie neighbors and the...

8/14/2019 Marietta Parker Disputing John Duma's Withdraw in the Case against guy and carrie neighbors and the yellow house store

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF KANSAS

(Kansas City Docket)

UNITED STATES OF AMERICA ))

Plaintiff, ))

v. )))

CARRIE MARIE NEIGHBORS, ))

Defendant. )

Case No. 07-20124-01-CM

UNITED STATES SUGGESTIONS IN OPPOSITION

TO MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT

Comes now the United States of America, by and through the unders

Acting United States Attorney and herein offers the following suggestions in

to the motions to withdraw as counsel for the defendant filed on April 25, 20

above-referenced case:

Relevant Procedural Background

1. On May 1, 2008, the United States filed a Motion to Revoke Bond

07-20124 (Document [Doc.] 65). The United States moved for the revocatio

defendants bond on the grounds that his publication of false and defamator

of misconduct by case agents, witnesses and the prosecutors in this case co

violations of federal and state criminal statutes including violations of 18 U.S

Case 2:07-cr-20124-CM-JPO Document 169 Filed 05/05/2009 Pa


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Carrie Neighbors in Case No. 07-20124. (Doc. 86). This case along with tw

cases now pending against this defendant are currently set for trial beginnin

October 5, 2009, with the oldest case to be tried first and the others tried se

immediately thereafter. (Doc. 158).

3. On July 18 and July 21, 2008, Magistrate Judge James P. OHara

a hearing on that motion1 but before a decision was rendered on the issues,

submitted an agreed-upon temporary restraining order which specifically pr

parties in this matter from making any statements, other than to members of

defendants immediate family ... in writing, orally or by electronic disseminat

personally or indirectly through any party, including but not limited to any inte

or through any form of communication whatsoever which mentions the name

witnesses, attorneys, potential witnesses or of any persons associated with

investigation or prosecution of Case No. 07-20123 and Case No. 07-20073

p. 1-2).

4. On August 18, 2008, the provisions of the temporary restraining o

made part of the conditions of the defendants bond in the cases styled Unit

Guy and Carrie Neighbors, Case No. 07-20124 (Doc. 132), and Case No. 08

01/02-CM/JPO. (Doc. 27). Each of those orders provided in pertinent part:

of release in the Obstruction Case will track those [which] have been previou

Case No. 07-20124 (the EBayCase) (Docs. 5 and 9). In addition to those



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(Doc. 132 and Doc 27, respectively, at p. 2).

5. The defendant, has repeatedly2

failed to comply with the condition

bond by aiding and abetting her co-defendant, Guy Neighbors, in the continu

publishing of false and defamatory statements about several of the witnesse

the prosecutors. As a result her attorney, John Duma, has filed a motion in

withdraw on the ground that [t]he defendant has been previously examined

determined to be competent to assist her attorney in this matter. According

be presumed that the defendant continues to ignore the advice of her attorn

reasons best known only to her. As the defendant continues to ignore the a

attorney it is impossible for her attorney to continue to represent her in this m

(Doc. 163 at pp. 1- 2).

6. Throughout the pendency of these cases, the defendant and her c

defendant/spouse, Guy M. Neighbors, have been represented by numerous

They have expressed deep dissatisfaction with the quality of their legal repre

(seeExhibit 1, attached) and have consistently demonstrated an unwillingne

subject themselves to the orders of the court. (SeeDoc. 128, Governments

Motion to Revoke Bond, and Doc. 142, Governments Motion to Revoke De

Bond). Additionally, the defendant has filed pro semotions, despite the fact

has been represented by competent counsel since the earliest stage of the p

in this case. (SeeDoc. 143, Motion to Dismiss on the Grounds of Vindictive



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Motion to Change Venue).3

7. The United States respectfully submits that the defendant has rep

demonstrated that she is unwilling to conform her conduct to the requiremen

the court or to follow the advice of counsel. She has complained about the q

her legal representation in internet postings, regardless of which attorney re

her at any given time. (SeeExhibit 1, attached). Should the Motion to Withd

granted, there is little reason to believe that the defendant will be any better

with the representation of yet another attorney or that new counsel will be su

in obtaining the compliance and cooperation of the defendant.

8. Furthermore, the defendants have complained on several internet

the governments alleged failure to address the actual charges filed in this

Exhibit 2, attached). Should the Motion to Withdraw be granted, the parties

to address the actual charges filed in this case will be delayed even further

the defendant and the government of a timely disposition of the allegations.

States requests that the Court deny counsels motion to withdraw because s

granted, there is little reason to believe that new counsel will be any more su

WHEREFORE, for the foregoing reasons, United States respectfully

that this Court deny the motion to withdraw filed in the above-referenced cas



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this case can be tried expeditiously in October, 2009.

Respectfully submitted,

s/ Marietta Parker, KS Dist. Ct. #778Acting United States Attorney500 State Avenue; Suite 360Kansas City, Kansas 66101Telephone: 913-551-6730

Facsimile: 913-551-6541E-mail: [email protected] FILED

Attorneys for Plaintiff

Certificate of Service

I hereby certify that on the 5th day of May, 2009, the foregoing was e

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

electronic filing to the following:

John Duma303 E. PoplarOlathe, KS 66061Attorney for Defendant Carrie Marie Neighbors

Cheryl A. PilateMorgan Pilate LLC142 N. Cherry

Olathe, KS 66061Attorney for Defendant Guy Madison Neighbors

I further certify that on this date the foregoing document and the notic

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



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