DAY 5 Trial of Carrie Neighbors

USA V CARRIE NEIGHBORS 669
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UNITED STATES DISTRICT COURT DISTRICT OF KANSAS UNITED STATES OF AMERICA, Plaintiff, v. CARRIE NEIGHBORS, Defendant. ................... TRANSCRIPT OF JURY TRIAL - DAY FIVE BEFORE THE HONORABLE CARLOS MURGUIA, UNITED STATES DISTRICT JUDGE. APPEARANCES: For the Plaintiff: Marietta Parker Asst. US Attorney 360 US Courthouse 500 State Avenue Kansas City, KS 66101 John Duma Attorney at Law 303 E Poplar Street Olathe, KS 66061 Nancy Moroney Wiss, CSR, RMR, FCRR Official Court Reporter 558 US Courthouse 500 State Avenue Kansas City, KS 66101 Docket No. 07-20124 Kansas City, Kansas Date: 9/17/10
For the Defendant:
Court Reporter:
NANCY MORONEY WISS, CSR, RMR, FCRR
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I N D E X GOVERNMENT'S WITNESSES: Jay Bialek - cont'd Cross Exam by Mr. Duma Re-Direct Exam by Mr. Oakley Michael Riner Direct Exam by Mr. Oakley Norma Payne Direct Exam by Ms. Parker Cross Exam by Mr. Duma Re-Direct Exam by Ms. Parker Wesley Bateson Direct Exam by Ms. Parker Cross Exam by Mr. Duma Re-Direct Exam by Ms. Parker Marcus Crawford Direct Exam by Mr. Oakley Cross Exam by Mr. Duma Re-Direct Exam by Mr. Oakley Lewis Parsons Direct Exam by Ms. Parker Cross Exam by Mr. Duma Re-Direct Exam by Ms. Parker Re-Cross Exam by Mr. Duma Michael Aldridge Direct Exam by Mr. Oakley Cross Exam by Mr. Duma Re-Direct Exam by Mr. Oakley
672 682 686 690 704 707 717 764 775 782 805 819 821 855 861 865 868 893 899
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 EXHIBITS: Govt's 2.1 Govt's 4.1 Govt's 5.1 Govt's 7.1 Govt's 7.4 Govt's 18.1 Govt's 202.1 Govt's 202.2 Govt's 202.3 Govt's 202.4 Govt's 202.5 Govt's 241.1
I N D E X OFFERED 880 883 852 695 703 697 738 762 741 752 722 800 RECEIVED 880 883 852 696 703 697 739 762 741 752 722 800
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. DUMA: Q.
(9:15 AM, court and jury returned.) THE COURT: THE JURY: THE COURT: Good morning. Good morning. Thank you. Hopefully everybody
had a good night's rest, alert today as you've been throughout the trial, attentive to everything that's being presented to you. We'll continue where we left
off which was the witness testifying and being ready to testify on cross-examination I believe. At this time,
I'll just remind you, sir, you're still under oath to tell the truth. Do you understand that? Yes, Your Honor. Mr. Duma. Thank you.
THE WITNESS: THE COURT: MR. DUMA:
CROSS EXAMINATION
Officer Bialek, during the course of this
investigation, you took statements from several of the different people that will eventually cooperate, is that correct? A. Q. Correct. Okay. And I think you took statements from a guy Do you remember that?
named Raymond Everett. A. Q. I do. Okay.
Apparently, you had known Mr. Everett
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prior to the time that you took his statement because he was a known shoplifter in Douglas County? A. Q. That's correct. All right. And you questioned him generally
about Yellow House? A. Q. Correct. Is -- had you found some checks in -- in some of
the things that you had recovered that had Raymond Everett's name on it? A. I do believe we found a few checks. I don't have
that report in front of me to tell you how many. Q. Okay. But -- but that's probably how you found
him, correct? A. Q. Correct. And the reason you went to talk to him is 'cause
he was a known shoplifter? A. Q. That is correct. All right. Now, did you also take the statement
of Laura Helm? A. Q. Along with Officer Rantz, yes. Okay. I notice that Laura Helm is one of the --
I think she's one of the pictures that we have up there, is down there in the middle? A. Q. Yes. Correct? Okay. And you questioned her about her
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connection with Yellow House? A. Q. We did. Okay. And you took statements from several of
these other people, correct? A. Q. Some of them, yes. All right. Now, one of the things that -- that
came up during the search warrant is that you found, and it's been identified and admitted as Government's Exhibit 158, a two-page document that had the listing of bikes that were stolen from the University of Kansas, correct? A. Correct, we did find two pages in amongst other
documents at the business. Q. Okay. And I would assume that you went through
the documents that you had recovered in that business fairly carefully? A. Q. Yes. And all you found was just two -- a two-page
document listing stolen bikes from the University of Kansas, correct? A. Q. That is correct. Now, on this two-page document -- and you and I
had a discussion about this off the record ahead of time, didn't we? A. Yes.
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Q.
All right.
On this two-page document, the one
that you actually found at Yellow House, none of the bikes that are listed as being stolen from the University of Kansas were found either at the business or the residence of the Neighbors; would you agree with that? A. Q. I would agree, not on those two pages. Okay. And would you also agree that of the bikes
that were recovered at either the Neighbors' house or their business, that those appeared to be used bikes? A. Q. That is correct. Okay. Now, gift cards. You're familiar with
generally how gift cards work in a retail situation? A. Q. Yes, sir. Okay. So, as you walk through, let's say, and
I'm not a shopper, but I have a wife who is who takes me along a lot of the times, so as I go through Target and this, if this is not your experience, advise me, I see these gift cards that are there hanging up, but they're not worth anything until somebody at the cash register punches some money into 'em. A. Q. That's correct. Okay. So -- so, if somebody gives me a gift Is that generally correct?
card, it's not worth anything unless it's gone through some process at the store to validate it and put some
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money on it? A. Q. That's correct. All right. The -- the seller's forms, the one we
saw, that one that Joey Cadenhead signed where it says I promise the property's not stolen, and it lists the property on there, I think it lists the amount that's paid for it, you had a list of those that were admitted yesterday, correct? A. Q. That's correct. All right. Did you take each one or go through
that and compare that with the names of the -- of the cooperators that -- that are going to testify for the government? A. Q. Not sure I understand your question. Well, and that's a terrible question. Let's say
you did go through there and look to see if there was a seller's form for, let's say, Michael Aldridge? A. Q. We would note that, yes. Okay. And that would be noted -- is that also
noted in all these -- all of these documents? A. Q. I don't know the answer to that. Okay. I --
I guess my question is, can you sit here
right now and tell us of the cooperators that are going to testify which ones had not signed seller's forms? A. I -- I cannot tell you exactly which ones, no.
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Q. A. Q.
Okay. Not without having looked at all those forms. Some -- we know that some people did, because
Joey Cadenhead testified that he did, correct? A. Q. That's correct. Okay. Now, is -- and I'm holding up Exhibit 192. May I
Is this -- what's this little dealie right here? approach please? THE COURT: BY MR. DUMA: Q. A. Q. A. Q. A. That's an evidence -That's an evidence label that's places -No, this one, I'm sorry. This here -Evidence label. Yes.
-- is an evidence label that's placed on it by
the officers in order to track the item. Q. A. Q. And then what's this little label on the bottom? That appears to be a UPC code. Okay. I mean, on -- looks like on some of this
stuff that you found in the Neighbors' house, specifically Exhibit 192, I don't know if it was in the house or the store, UPC code was still on it? A. Q. Correct. Okay. Now, also, and I'm holding up Exhibit 196,
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it's been admitted, and it looks like a Guardian trainer -- some kind of dog collar trainer, and it looks like on the bottom of it, that the UPC code is still there, correct? A. Q. Correct. So, on some of this stuff, and the jury can look
at and see how much of it, the UPC codes were still in tact when you recovered it from both the Neighbors' house and/or the Neighbors' store? A. If you're referring to items that in that
particular instance came from the second search warrant, yes. Q. Okay. Right. And I think most of what you
admitted was the second search warrant, correct? A. It was probably 50/50, I would imagine, what
we're looking at here between the first and second. Q. All right. Okay. So -- and that brings up
another point.
The first search warrant occurs in -- in
December of '05, correct? A. Q. Yes. And I think there was testimony there were five
or eight or 10 police officers that came into Miss Neighbors' house and went through her house with a fine tooth comb and her business with a fine tooth comb pursuant to a search warrant issued by a judge, correct?
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A. Q.
Correct. So, it would have been pretty obvious as of
December of 2005 that the police were interested in the business of the Neighbors, the Yellow House and their house as it relates to criminal activity? A. Q. That's correct. Okay. But when you came back at the second
search warrant, the second time, you found these exhibits that I've talked about, and this one is 190.1, and it still had the UPC label on it, correct? A. Q. That's correct. Okay. I mean, if the reason to take those labels
off is to hide that from the government, that it was stolen or that you -- -- so you couldn't trace it back, at least as to some of the property, that was there on the second search warrant, the UPC labels were still there, correct? A. Q. That's correct. Even after the Neighbors were really, really put
on notice that the police were very interested in their operation. A. Q. Yes. And I'm going to pick up Exhibit 190.1. There's Would you agree with that?
a -- there's a number written on front of that, that 604 number. Can you see that?
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A. Q.
Yes. Okay. Now, that -- is that the number that you
think somebody from the Yellow House wrote on there as kind of their internal monitoring system? A. I don't have any idea who would have written that
number on there. Q. Okay. But was it consistent with kind of the
yellow tabby things that you saw that were placed on the other boxes? A. Q. It is. Okay. Now, is there -- is there a serial number
that's also on property like this, something besides the UPC number? A. number. Q. Okay. And on any of the property that you saw, Generally, with electronics, there is a serial
did you see any of the serial numbers obliterated or otherwise altered? A. Q. Not to my recollection. Okay. And could you please tell the jury what
you can determine, if you know, I don't even know if this is in your area, if you can determine from a serial number like where the property came from or -- or who -who manufactured it, etcetera? A. Umm, generally with serial number alone, it's
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pretty difficult to -- to trace back unless it's entered into the NCIC system. You know, just looking at a
serial number and trying to figure out its origin is pretty tough. Q. Well, if I -- if I purchased a -- let's say the
security camera, if I purchased it from Target, whoever, Radioshack I think where this one's from, and I sent in to them a warranty, something that would show that I purchased it, then the serial number probably would be on what I sent into the company to -- to kind of activate that warranty, would you agree with that? A. Q. That's probably so. Okay. So, at least as to some of the property,
it's possible that if you trace those serial numbers, you could find out where the property came from? A. So long as somebody would have sent in their
warranty form. Q. Right, exactly. Exactly. It probably isn't true
of every -- all of the property, but at least that's a possibility. A. Q. Yes. Thank you. MR. DUMA: Thank you, Your Honor. THE COURT: Any redirect? I have no further questions. Would you agree with me?
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MR. OAKLEY:
Yes, Your Honor.
RE-DIRECT EXAMINATION BY MR. OAKLEY: Q. Officer, let me talk to you about UPC codes. UPC
codes, based upon your training and experience, are not unique to the particular item that's in here, is that correct? A. Q. No, I don't believe so. So, in other words, if -- this came from
Radioshack, or at least has a Radioshack item on it because that's the brand that made it, so we can assume that this one was purchased at Radio -- or was obtained from Radioshack, correct? A. Q. Correct. Let's talk about something that's not store
specific, however, and I'm going to show what you's been marked as Government's Exhibit 170. is still on here, correct? A. Q. Yes. But this UPC label isn't store specific. In Now, the UPC label
other words, if you -- if you obtain this from Wal-Mart or if you obtain this from Target, it still has the same UPC? MR. DUMA: Your Honor, I'm going to object
to that as a leading question.
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THE COURT: BY MR. OAKLEY: Q.
Sustained.
Do you know whether or not UPC labels are unique
to individual stores? A. I don't know enough about UPC codes to know that
for sure. Q. Do you know whether or not the items that are
missing from exhibits such as 148.2, whether those were UPC labels, or whether those were some other sort of -- sort of shipping code? A. I don't know. I mean, that could be any number
of identifiers that was removed. Q. For instance, on Government's Exhibit 234, when
you're talking about a UPC, that's the bar code number that is scanned, correct? A. Q. Correct. And you don't know whether or not that's
different from other labels that are put on higher end merchandise such as tools? A. I really don't know enough about the UPC code as One could
far as, I mean, you saw two in that picture.
certainly be store specific, the other one could just be the product specific. Q. A. You don't know. I don't know. You don't have that information?
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Q.
Okay.
You were asked on direct about your
knowledge of the gift card process, and Mr. Duma pointed out that in order to get that gift card -- card activated, it has to go through the register or through customer service, correct? A. Q. That's one method of obtaining a gift card, yes. Now, does that mean that someone, in order to get
that gift card for return, had to show a receipt demonstrating that they purchased the property that they are returning? A. Typically, yes, you have to have a receipt in However, with some stores,
order to return merchandise.
if you're without a receipt, I know Target and Kohl's will honor in store credit or a gift card in lieu of giving cash back for return -- for returning an item. Q. Well, based upon your experience, if someone has
a receipt for an item that they actually purchased, doesn't the receipt show the method that they used to purchase it, such as credit card or cash? A. Q. Correct. And so, if the store has that receipt, wouldn't
they be able to put the money back onto the credit card that was used? A. Q. That's correct. And wouldn't have to give a gift card?
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A.
Yes. MR. OAKLEY: Your Honor, I have no further
questions. THE COURT: MR. DUMA: THE COURT: Any re-cross? No. Thank you, Your Honor.
If there's nothing else of the
witness, was he subpoenaed to testify? MR. OAKLEY: THE COURT: Yes, Your Honor. Are you asking that he be
released from his subpoena? MR. OAKLEY: THE COURT: MR. DUMA: THE COURT: Yes, Your Honor. Any objection? No objection. At this time, sir, you are You are excused. The only
released from your subpoena.
thing that I'll ask is that you not discuss your testimony with anyone else as you leave. THE WITNESS: MR. OAKLEY: calls Mike Riner. THE COURT: Come right up here. Before you Yes, Your Honor. Your Honor, the United States
take your seat, need for you to raise your right hand. (Witness sworn.) THE WITNESS: THE COURT: I do. Please take your seat. Careful
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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. Speak into the microphone. Yes, sir. Have you start with you stating
THE WITNESS: THE COURT: your name. THE WITNESS: THE COURT: THE WITNESS: THE COURT:
Michael Riner. Please spell your name. M I C H A E L. Thank you. R I N E R.
Mr. Oakley.
MICHAEL RINER, Called as a witness on behalf of the government, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MR. OAKLEY: Q. A. Q. A. Q. Sir, how are you presently employed? I'm currently retired. Where are you retired from, sir? The University of Kansas Police Department. And how long were you employed with the police
department? A. Q. 32 years. And at the time that you retired, what position
did you hold with the KU Police Department? A. I was a detective.
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Q.
As a detective with the KU Police Department, did
you have any involvement in the investigation of stolen bicycles from campus or KU owned property? A. Q. Yes, sir, I did. Did you have -- as part of your involvement,
would you ever prepare a list that would set out descriptions of bicycles that were reported as stolen? A. Q. Yes. I'm going to hand you what's been admitted as Do you recognize that?
Government's Exhibit 158. A. Q. A. Yes, sir. What is that?
This would be a -- a copy of a list of case
numbers and stolen bicycles with any descriptions that they had that I would have circulated to local pawn shops and places that dealt in used bicycles in the Lawrence area. Q. And so, that type of list, you would personally
give out to pawn shops or used stores? A. Q. Yes. Yes, sir.
Did you also provide a similar list to law
enforcement? A. Q. Yes, I did. Could I have that list back for just a second?
Now, Government's Exhibit 158, on this form, there's a
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column for case number and description, and those are filled in. But the location, the date and time of loss, On the form that you
and the lock are all left blank.
would provide to law enforcement, would that information be contained? A. Q. Yes, it would. But the information that you provided to
merchants would not? A. Q. No, sir. Is that because you -- the other information, you
considered to be law enforcement sensitive? A. Yes, and that information really would not be
relevant to the -- to the merchants. Q. Okay. MR. OAKLEY: questions. THE COURT: MR. DUMA: you. THE COURT: testify? MR. OAKLEY: THE COURT: Yes, Your Honor. Are you asking that he be Was the witness subpoenaed to Cross-examination? No questions, Your Honor. Thank Your Honor, I have no further
released from his subpoena? MR. OAKLEY: Yes, Your Honor.
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THE COURT: MR. DUMA: THE COURT: from your subpoena. go.
Any objection? No objections, Your Honor. At this time you are released You're free to
You are excused.
The only thing that I'll ask is that you not
discuss your testimony with anyone else as you leave. THE WITNESS: THE COURT: MS. PARKER: Yes, sir. Thank you. Your Honor, as its next
witness, the United States will call Norma Payne. THE COURT: Before you take your seat, I
need for you to raise your right hand. (Witness sworn.) THE WITNESS: THE COURT: as you get in there. Yes. Please take your seat. Careful
answers to the questions you're asked, please speak up loud and clear and speak into the microphone. start with you stating your name. THE WITNESS: THE COURT: THE WITNESS: THE COURT: MS. PARKER: My name is Norma Payne. Can you spell your name please? N O R M A. Thank you. P A Y N E. Miss Parker. Have you
Thank you, Your Honor.
NORMA PAYNE,
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Called as a witness on behalf of the government, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MS. PARKER: Q. A. Q. Miss Payne, what town do you live in? Lawrence, Kansas. Do you know a person by the name of Carrie
Neighbors? A. Q. A. Q. please? A. She's wearing a white shirt, I think it's a blue Yes, I do. Do you see her in the courtroom? Yes. Would you describe what she's wearing today
sweater. Q. And do you know -- are you familiar with a
business in Lawrence called the Yellow House? A. Q. A. Yes. And how are you familiar with the Yellow House? Umm, my sister used to go there years ago to get
her appliances. Q. A. Q. Your sister did? Yes. Did you ever have any dealings with the Yellow
House yourself?
09:34:50 09:34:51 09:34:54 09:34:54 09:34:59 09:35:00 09:35:02 09:35:05 09:35:09 09:35:11 09:35:18 09:35:24 09:35:27 09:35:31 09:35:33 09:35:34 09:35:41 09:35:46 09:35:51 09:35:51 09:35:56 09:35:58 09:35:59 09:36:02 09:36:05
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A. Q.
Yes, I did. And what kind of dealings did you have with the
Yellow House? A. Q. A. Q. I would take old used Levi's in there. You took Levi's in there? Used Levi's. All right. And how about other items, did you
take anything besides old used Levi's? A. Q. I don't recall. All right. Do you remember having a conversation
with some law enforcement officers back in 2006 where they told you that if you would cooperate with their investigation, they would not use any of your statements against you? A. Q. I don't remember, ma'am. All right. Do you recall giving Officer Rantz an
interview in 2006 at the Lawrence police station? A. Umm, I believe so. I don't know who Officer Rams
(sic) is. Q. Do you remember speaking with a police officer at
the Lawrence Police Department in 2006? A. Q. Yes. All right. And when you spoke with the officer,
did you tell him the truth? A. Yes, I believe I did. I'm not for sure. It's
09:36:08 09:36:09 09:36:11 09:36:15 09:36:16 09:36:16 09:36:20 09:36:24 09:36:29 09:36:33 09:36:35 09:36:38 09:36:39 09:36:41 09:36:45 09:36:46 09:36:49 09:36:51 09:36:53 09:36:58 09:37:00 09:37:01 09:37:03 09:37:04 09:37:04
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been a long time. THE COURT: Move a little bit closer to the
microphone or pull the microphone closer to you please. Thank you. BY MS. PARKER: Q. Now, Miss Payne, isn't it true that you have been
convicted of the misdemeanor offense of criminal deprivation of property in Lawrence, Kansas in -- on August the 13th of 2002? A. Q. A. Q. For what? Criminal deprivation of property? I don't know what that is. All right. Were you convicted of what you
understand to be a charge arising from a theft, from stealing something? A. Q. A. Q. I've had several charges of theft, ma'am. All right. When were those?
I don't remember. Now, I want -- but you have been convicted of
crimes of theft, correct? A. Q. them? A. Q. Yes. How long? In the past, yes. Did you ever spend any time in jail for any of
09:37:05 09:37:06 09:37:08 09:37:09 09:37:14 09:37:19 09:37:19 09:37:22 09:37:26 09:37:27 09:37:27 09:37:33 09:37:44 09:37:50 09:37:57 09:38:01 09:38:07 09:38:08 09:38:09 09:38:14 09:38:18 09:38:19 09:38:22 09:38:25 09:38:30
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A. Q. A. Q.
I'm not for sure. All right. No, I don't. Going to hand you what's been received as Do you see that? You remember when that was?
Government's Exhibit Number 119. A. Q. Yes. All right.
I'm going to show you this.
These
are copies of checks that were written that have your name on 'em. A. Q. Yes. All right. And in the front here are three pages Now, I want to show Do you see that?
that summarize those checks, okay?
you, and this is a copy of Government's Exhibit 117 -I'm sorry, 119, the checks that are in your book, and do you see here that this shows that on January the 6th of 2004, you received a check in the amount of $25 for film? A. Q. Yes, I do see that. All right. Do you remember selling film to
Carrie Neighbors in January of 2004 or selling Mrs. Neighbors anything? A. Q. I don't recall, ma'am. But you do see that there are a number of checks There's this whole page of checks,
in that book?
there's this whole page of checks, second page of that
09:38:33 09:38:37 09:38:39 09:38:39 09:38:43 09:38:46 09:38:46 09:38:53 09:38:58 09:38:58 09:39:01 09:39:05 09:39:06 09:39:10 09:39:17 09:39:21 09:39:21 09:39:25 09:39:28 09:39:29 09:39:39 09:39:47 09:39:51 09:39:51 09:39:58
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exhibit, and then there's almost a full page of checks on the third page. A. Q. Yes. And do you see how in each and every case, these Do you see that?
checks were made out to you? A. Q. Yes. All right. So, do you remember how often you
went in to Carrie Neighbors' store? A. Q. No, I don't. Okay. Do you have any reason to doubt the
accuracy of the dates on those checks? A. Q. No. Do you remember who you dealt with when you went
in to the Yellow House Store in 2004 and 2005? A. I want to say Carrie, but I really don't remember
a lot of stuff. Q. All right. I think you told me before you came
in, you have a memory loss, is that right? A. Q. Yes, I do. Do you -- let me show you Government's
Exhibit 7.1, and I'm specifically concentrating on the middle check in this page. A. Q. Yes. All right. I'm going to hand you Government's Do you see that?
Exhibit 7.1 so you can look at that while we do, and
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that is a check written to you, correct? A. Q. Yes. All right. Do you have any reason to doubt that
this is a check that you received on 7/25 of '05? A. Q. Yes, has my name on it. All right. MS. PARKER: Your Honor, at this time
government would offer Government's Exhibit 7.1. THE COURT: MS. PARKER: Any objection? And this is among the checks
contained in Government's Exhibit -BY MS. PARKER: Q. There are two other checks on that page I just
hand you -- handed you, correct? A. Q. Yes. And you don't know who these other two people
are, right? A. Q. No, I don't. And at this time the government is only asking That's Check Number
you about the middle check there.
13209 that was written to Norma Payne? A. Q. there? A. Yes. Yes. Correct? All right. And you recognize your name
09:41:05 09:41:07 09:41:09 09:41:13 09:41:14 09:41:15 09:41:17 09:41:19 09:41:19 09:41:21 09:41:24 09:41:24 09:41:27 09:41:33 09:41:37 09:41:38 09:41:43 09:41:43 09:41:44 09:41:47 09:41:47 09:41:49 09:42:05 09:42:09 09:42:18
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Q.
All right.
And you remember getting checks from
Carrie Neighbors? A. Q. Umm, I don't really remember. All right. MS. PARKER: Well, Your Honor, at this time
government offers Government's Exhibit 7.1. THE COURT: MR. DUMA: THE COURT: Exhibit 7.1. BY MS. PARKER: Q. Now, putting Government's Exhibit 7.1 back up on Any objection? No objections. At this time the court admits
the overhead, do you see in the memo section of this check, it says toothbrushes? A. Q. Yes. Do you remember selling toothbrushes to Carrie
Neighbors? A. Q. just -A. Q. I do not remember. Okay. Show you Government's Exhibit 18.2 and ask I don't recall. Do you recall if you did or if you didn't or
you if -- again, do you see a check made out to you, Norma Payne, that was dated 11/19/05, Check Number 13981 in the amount of $250, correct?
09:42:21 09:42:22 09:42:24 09:42:27 09:42:28 09:42:30 09:42:31 09:42:33 09:42:34 09:42:35 09:42:37 09:42:39 09:42:39 09:42:42 09:42:44 09:42:45 09:42:50 09:42:58 09:42:59 09:43:02 09:43:05 09:43:16 09:43:27 09:43:30 09:43:33
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A. Q.
Yes. All right. Do you have any reason to question
the fact that this check was made out to you and you received it? A. My name is on it. MS. PARKER: Your Honor, at this time
government offers Government's Exhibit 18.2. THE COURT: MR. DUMA: THE COURT: Exhibit 18.2. BY MS. PARKER: Q. Now, this check is a check written in the amount Do you see that? Any objection? No objections. At this time court admits
of $250. A. Q.
Yes. And what was the -- what's the note there on the Can you read that? Does it say laptop?
memo page? A. Q. Yes.
Where did you get a laptop that you sold to
Carrie Neighbors on that date for $250? A. Q. I don't recall. Do you remember during your interview with the
Lawrence Police Department telling them that you had been selling property to Carrie Neighbors at Yellow House for approximately five years?
09:43:36 09:43:38 09:43:41 09:43:44 09:43:47 09:43:50 09:43:53 09:43:55 09:43:58 09:44:01 09:44:03 09:44:05 09:44:09 09:44:13 09:44:14 09:44:15 09:44:22 09:44:26 09:44:29 09:44:33 09:44:35 09:44:39 09:44:42 09:44:44 09:44:47
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A. Q.
I don't recall. All right. Did you tell the officers that you
had sold hundreds of items to Mrs. Neighbors? A. Q. I don't recall. Did you tell the officers that you learned about
Yellow House through other people? A. Q. I don't recall. Did you tell the officers that Mrs. Neighbors
never asked if any of the items that you were selling to her were stolen? A. Q. I do not recall any of this. Do you remember that -- telling the officers that
Mrs. Neighbors was always the person who purchased the items from you? A. Q. I don't recall. Do you remember telling the officers that the
defendant -- Mrs. Neighbors would either call -- I'm sorry, that you would either call or take items to Yellow House and that the defendant would bid on them? A. Q. I don't recall. Do you remember telling the officers that you
took meat to sell to Mrs. Neighbors? A. Q. No, I do not remember saying that. All right. Do you remember ever taking meat to
Mrs. Neighbors?
09:44:48 09:44:50 09:44:58 09:45:01 09:45:04 09:45:05 09:45:06 09:45:08 09:45:09 09:45:10 09:45:13 09:45:15 09:45:17 09:45:25 09:45:29 09:45:31 09:45:33 09:45:37 09:45:40 09:45:44 09:45:45 09:45:46 09:45:48 09:45:49 09:45:50
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A. Q.
I don't recall. Did you remember telling the officers that you
knew several people who had Vision cards, and you would sell the meat that they purchased so that they could have cash? A. Q. A. Q. A. Q. A. Q. I don't recall. What's a Vision card? A Vision card? Uh-huh. It's a card that has food stamps on it or cash. All right. Yes, I do. All right. You recall that? I have a Vision card of my own. Now, do you remember telling the
officers that you were -- that you were selling electric Oral B toothbrushes to Mrs. Neighbors? A. Q. I don't recall. Do you remember telling the officers that you
were getting the toothbrushes from other people who were shoplifting them and then giving them to her to sell at Yellow House? A. Q. I don't recall. You don't recall if you said that, or you don't
recall if that happened? A. Q. I do not remember any of this stuff. All right.
09:45:52 09:45:54 09:45:54 09:45:54 09:46:06 09:46:06 09:46:10 09:46:13 09:46:19 09:46:24 09:46:27 09:46:31 09:46:34 09:46:36 09:46:40 09:46:43 09:46:45 09:46:49 09:46:51 09:46:54 09:46:56 09:47:00 09:47:05 09:47:08 09:47:13
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Your Honor. bench?
MS. PARKER:
Your Honor, may we approach the
THE COURT:
Yes.
(Proceedings held at the bench, outside the hearing of open court.) MS. PARKER: I just wanted to double-check.
I can continue to go through the questions and the answers that were given by her at her interview to set up impeachment, or if Mr. Duma thinks we have sufficiently established her lack of recollection, we can move right into playing her interview as a -- as a past recollection recorded. MR. DUMA: That would be my preference also,
I have no objection, and I -- I -- I know She's
she's going to say she doesn't remember anything. made that clear.
So, I think the government is in a
position to play her previously recorded statement. MS. PARKER: And what we would like to do is
excuse her temporarily, just sit, you know, in the courtroom so that she can be recalled for cross-examination, but put the officer on, Micky Rantz, to establish the circumstances of the tape-recording and that the information that she gave at the time was reliable based upon the other evidence that they had, unless you want to waive that?
09:47:15 09:47:17 09:47:20 09:47:22 09:47:24 09:47:27 09:47:30 09:47:34 09:47:38 09:47:41 09:47:44 09:47:47 09:47:50 09:47:53 09:47:55 09:47:56 09:47:57 09:47:58 09:48:12 09:48:15 09:48:15 09:48:17 09:48:24 09:48:26 09:48:29
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 at all.
MR. DUMA: just play the tape.
As far as I'm concerned, you can I've seen it. I know what it says.
We've seen it many, many times. MS. PARKER: And I will let the court know We have double-checked There's only
there -- it's in its entirety. it.
There's no reference to drugs.
reference to her selling items to the Yellow House, but there is a five-minute compression of the tape. The
officer left the room for about five minutes, and rather than all of us sit here staring at the screen, we have basically taken the part where she's just sitting in the room alone out so that we go from him leaving the room to him almost immediately coming back in, but that's the only change that's been made to the tape. MR. DUMA: And I have no objection to that
THE COURT: MS. PARKER:
What exhibit is it? Oh, Your Honor, it's
Exhibit 7.4, and that will not be on your list, and I apologize. THE COURT: In regards to the government's
request, at this time, take a break with the witness's direct examination. The government believes they've
laid sufficient foundation at this point to present Exhibit 7.4 to impeach her. What they are requesting is
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that they be allowed to do so and have the witness wait in the courtroom, be able to be called back for cross-examination. Now, they've offered also to have
Officer Rantz take the witness stand to relate to the jury the circumstances involved with Exhibit 7.4. My
understanding is, defendant counsel does not believe that's necessary in light of the evidence presented to this point, and also defense counsel's previous review of this exhibit, and his familiarity with this witness's testimony. Is that fair and accurate, Mr. Duma? MR. DUMA: MS. PARKER: Yes, Your Honor. And Your Honor, we're also
offering this besides her impeachment as substantive evidence under the exception to the hearsay rule as a past recollection recorded. THE COURT: the government. And that was also mentioned by
Any objection to that? No objections. At this time in light of the
MR. DUMA: THE COURT:
circumstances, fact there's no objection, the court is going to at this time allow the government to interrupt her direct testimony and play Exhibit 7.4 to the jury. MS. PARKER: And since we don't have to call
Officer Rantz to the stand, I'm proposing leaving Miss Payne where she is right now to listen to the tape.
09:49:57 09:49:58 09:50:00 09:50:02 09:50:03 09:50:09 09:50:24 09:50:24 09:50:26 09:50:30 09:50:34 09:50:38 09:50:39 09:50:43 09:50:48 09:50:50 09:50:51 09:50:52 09:50:54 09:50:55 09:50:57 09:50:59 09:51:00 09:51:02 10:41:22
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 7.4.
MR. DUMA: MS. PARKER:
That's fine. And watch it. She will be able
to see it on her monitor. MR. DUMA: THE COURT: No objection. Anything else? Please continue.
(Proceedings continued in open court.) BY MS. PARKER: Q. Miss Payne, do you remember being in the Yellow
House on December the 2nd of 2005 when the police came in and served a search warrant? A. I don't remember that far back, I'm sorry. MS. PARKER: Your Honor, at this time the
government offers Government's Exhibit 7.4 which is the audio and videotape of the interview of Miss Payne by the Lawrence Police Department. THE COURT: MR. DUMA: THE COURT: Any objection? No objection. At this time court admits
MS. PARKER:
And at this time the government
would request permission to publish the contents of Government's Exhibit 7.4. THE COURT: Yes.
(Exhibit being played.) BY MS. PARKER:
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Q. A. Q.
Miss Payne, did that refresh your recollection? Yes. All right. And was everything that you said that
day true? A. Q. Yes. I don't have any other questions. THE COURT: MR. DUMA: Cross-examination? Yes, sir. Thank you.
CROSS EXAMINATION BY MR. DUMA: Q. Miss Payne, previously, you testified that you
remembered bringing in some old used Levi's to Miss Neighbors. A. Q. Yes. All right. And would it be fair to state that Is that correct?
you and Miss Neighbors were on a friendly basis? A. Q. Yes. Okay. You kind of got to know her, and then
other people that apparently were stealing stuff, kind of using you to get to her because they knew you were friends with her, right? A. Q. Yes. And she -- Miss Neighbors trusted you because you Would you agree with that?
were her friend. A. Yes.
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Q.
Okay.
Now, you told -- you just said that you
saw the statement, and that you told the US attorney that what you just testified to was true, or what was on that statement was the truth, correct? A. Q. Yes. On that statement, you said that the majority of
property that you sold to Miss Neighbors was not stolen, correct? A. Q. A. Q. Yes. And that's the truth? Yes. And you said that you got a lot of it from
dumpster diving, correct? A. Q. A. Q. Yes. And that is the truth? Yes. And that's where you go to stores and you go to
dumpsters and you look through there, and sometimes you find brand new stuff in the box, would you agree? A. Q. Yes. Okay. And that -- that's -- that's a fairly Would you agree?
common occurrence. A. Q. Yes.
Now, you said that Miss Neighbors never asked if That was true, correct?
it was stolen.
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A. Q. A. Q.
Yes. But you never told her it was stolen, did you? No. And you said at one point in time, she didn't That's exactly what
know she was buying stolen stuff. you said, correct? A. Q. A. Q. Yes.
And that's the truth, isn't it? Yes. Now, Officer Rantz kept trying to insinuate that
if you didn't change your story or come off of that, that you might go to prison for lying, didn't he? A. Q. A. Q. Yes. Multiple times, he tried that, didn't he? Yes. And he kept trying to give you information and --
and give you his opinion of what the case should be to try to get you to change your statement. you took it? A. Q. A. Q. Yes. But you never did change your statement, did you? No. You told -- you stuck with the story that she Is that how
didn't know she was buying stolen stuff, correct? A. Right.
10:44:10 10:44:13 10:44:16 10:44:19 10:44:20 10:44:23 10:44:24 10:44:29 10:44:31 10:44:33 10:44:33 10:44:33 10:44:36 10:44:39 10:44:41 10:44:43 10:44:45 10:44:47 10:44:51 10:44:54 10:44:55 10:44:58 10:45:03 10:45:08 10:45:10
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Q.
Now, when Officer Rantz told you that Miss
Neighbors was going to make you a witness, as it turns out, that just wasn't true, is it? A. Q. No. Who -- who subpoenaed you here today, the United
States Government or Miss Neighbors? A. The government. MR. DUMA: THE COURT: MS. PARKER: No further questions. Any redirect? Yes, sir. Thank you.
RE-DIRECT EXAMINATION BY MS. PARKER: Q. Can you tell me where those dumpsters are that
you could get all that property out of? A. Q. A. Q. Any dumpster in Lawrence. Well, tell me. Tell me where.
Mainly, where the KU students live at. All right. So that, you would go to the
dumpsters on the campus of KU, correct? A. Q. Yes. And in that -- in those dumpsters, you'd find
lots and lots of electric toothbrushes in the packages? A. Find more stuff in dumpsters. KU students -- KU
students throw stuff away everyday. Q. All right. Now, that wasn't my question. My
10:45:13 10:45:15 10:45:17 10:45:21 10:45:22 10:45:23 10:45:24 10:45:25 10:45:28 10:45:29 10:45:31 10:45:33 10:45:35 10:45:38 10:45:41 10:45:41 10:45:48 10:45:51 10:45:54 10:45:54 10:45:56 10:45:57 10:46:01 10:46:06 10:46:08
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
question was, when you went to the dumpsters on the KU campus, is it your testimony that that's where you found all those new in the package toothbrushes you were selling to Carrie Neighbors? A. Q. A. Q. Not all. Well -A few of 'em, ma'am. A few of them. All right. And where did you
find the other ones? A. Q. A. Q. People would bring 'em to me. And who would those people be? I can't recall their names right now. But people would bring you those toothbrushes
over and over and over again, correct? A. Q. Yes. And you told Officer Rantz in your recorded
interview that you believed that the ones that people were bringing to you were stolen, didn't you? A. Q. A. Q. Yes. All right. Is that the truth?
I imagine so. All right. So, you knew because you kept getting
those toothbrushes over and over and over again -A. Q. I was homeless. Let me finish my question, okay? You knew when
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these people kept bringing you these new in the package toothbrushes over and over and over again that they were stolen, correct? MR. DUMA: question. THE COURT: BY MS. PARKER: Q. A. Where did you think they were getting those? I have no idea. I did not care. I was homeless. Sustained. Objection, Judge, leading
I did not care. Q. stolen? A. Q. A.
I was homeless, ma'am.
But you told Officer Rantz you believed they were
Yeah, which they probably were. And how did you figure out they were stolen? I just kind of guessed. It didn't matter. I didn't figure out I was homeless. I have
anything. three kids. Q. A. Q.
And I understand. Okay. And nobody is questioning, you know, that you You did need money, didn't
needed money at the time. you? A. Q. family? Yes. All right.
And you were trying to support your
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A. Q. A. Q.
Yes. Any way you could? Any way. All right. And do you remember ever going to
Carrie Neighbors with an item to sell her that she didn't buy it from you? A. Couple of times, umm, she didn't want the item.
I'm not for sure what it was. Q. But the new stuff that you were able to bring in,
she always bought that, didn't she? MR. DUMA: question. THE COURT: BY MS. PARKER: Q. down? A. Q. When I -When you brought in new in the box items, if you All right. Did she -- how often did she turn you Sustained. Object to that as a leading
remember it? A. Q. A. Q. She would turn me down a few times. All right. She wouldn't always buy stuff from me. But again, going back to Government's
Exhibit 119, these types of items that I'm showing you now, film, meat, film, toothbrush supplies, household
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
goods, groceries, bathroom supplies, toothbrushes, she bought all that from you, correct? A. Q. Yes. And she bought all of that from you over and over
and over again, right? A. Yes. MS. PARKER: THE COURT: MR. DUMA: THE COURT: testify? MS. PARKER: THE COURT: She was, Your Honor. Are you asking that she be Nothing further. Any re-cross? No, thank you, Your Honor. Was the witness subpoenaed to
released from her subpoena? MS. PARKER: THE COURT: MR. DUMA: THE COURT: from your subpoena. go. Yes, we are. Any objection? No objection. At this time you are released You're free to
You are excused.
The only thing that I'll ask is that you not
discuss your testimony, what you said in here, with anyone else as you leave. THE WITNESS: THE COURT: Okay. Thank you. We'll go ahead and
take our morning recess at this time, jury members.
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Please remember your admonition. you about the case.
No one's to talk to
And even among yourselves, you 15-minute recess. Thank
can't speak about the case. you.
(10:50 AM, jury left.) THE COURT: Court stands in recess. Proceedings
(Whereupon court took a recess. then continued as follows:) THE COURT: please?
Hey, counsel, can you come up
(Proceedings held at the bench, outside the hearing of open court.) THE COURT: Just Miss Parker. I want to
take something up in regards to Exhibit -- oh, 7.4 which was the DVD that was just played right now. MS. PARKER: THE COURT: Yes, sir. When I was mentioning the reason
why the court was going to admit the exhibit, I first started out with saying about impeachment, and then the government actually has also made the basis that it's a hearsay exception based on 803, Paragraph 5, which is a recorded recollection, and I'll summarize what the rule states, that it's a record about a matter which a witness once had knowledge, insufficient recollection now, but correct account made or adopted when memory was
10:51:06 10:51:10 10:51:14 10:51:16 10:51:21 10:51:27 10:51:30 10:51:33 10:51:37 10:51:40 10:51:42 10:51:46 10:51:50 10:51:54 10:51:56 10:51:59 10:52:00 10:52:01 10:52:03 10:52:03 10:52:05 10:52:05 10:52:06 10:52:08 10:52:10
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fresh.
The rule goes on to say that it can be read into There's a Tenth Circuit case that
the evidence.
actually says, if it is presented through the form of a video DVD, that could be played. So, into the evidence
through the playing of the DVD, but not to be an exhibit unless the opponent offers it. government offered it. The government -- the
It's been played and everything.
So, I'm considering about setting aside my ruling about admitting it as an exhibit unless -MS. PARKER: What the government would be
willing to do is to propose that it be withdrawn and re-offered only for purposes of identification, so that it would then not -- but if you -- if you want to leave it in as it is, we have no objection to that, too. THE COURT: offers it. MR. DUMA: THE COURT: want. MR. DUMA: second. THE COURT: MR. DUMA: Okay. What happens is that I don't want I'll just think out loud for a Umm, Judge -You can think about it if you The rule says unless an opponent
a question to come back from the jury that says because we didn't get the recording of this particular thing,
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can we not consider it?
So, I -- I would offer it.
My -- my hesitancy is, I don't particularly want the jury to think that they need to go back up and re-listen to all these tapes either. about that for a second? THE COURT: You let me know. We'll come back on the recess. Could I please just think
And again, all I would be doing is
actually either leaving the ruling alone, but making it clear that the opponent now is offering it, and so, it should be admitted as an exhibit, or if not, then I would set aside court's previous ruling, have it not admitted as an exhibit, but actually identified for purposes of the record since it was in fact received into the record as evidence, and it was played for the jury. MS. PARKER: And that was my error. I
really meant to offer -- I should have offered it only for identification purposes, so I apologize. THE COURT: That's fine. Just let the court
know when we come back from our recess. (Whereupon court took a recess. then continued as follows: continued in open court.) MR. DUMA: Your Honor, did you want to put Proceedings
Proceedings
that one issue about the -- on the record real quick?
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 me.
THE COURT:
Yes.
Yes.
Thank for reminding
The court had brought something up at the time of
our recess regarding Exhibit 7.4, and the court read to counsel its interpretation of the rule under 803, Paragraph 5. Having done so, I did ask counsel to think
about what their position was going to be in regards to the exhibit. Mr. Duma, at this time. MR. DUMA: Your Honor, I would as the I think that would be the
opponent offer the exhibit.
proper -- probably the safest way not to cause juror confusion. THE COURT: For it to be admitted at this
time, the court would find that upon review of 803, Paragraph 5, the recorded recollection which was identified as Exhibit 7.4 does appear to be a record about a matter which the witness Norma Payne once had knowledge about. today. She had insufficient recollection
It appeared that there had been a correct The
account made or adopted when her memory was fresh.
exhibit was played for the jury, and the court noted, the rule states that it's not an exhibit offered to the jury unless an opponent offers it, and here, the court would find that Mr. Duma on behalf of Miss Neighbors has actually offered the exhibit. MR. DUMA: Is that correct?
Yes, sir.
11:11:17 11:11:19 11:11:23 11:11:29 11:11:29 11:13:22 11:13:23 11:13:25 11:13:27 11:13:29 11:13:31 11:13:33 11:13:34 11:13:36 11:13:39 11:13:41 11:13:44 11:13:46 11:13:47 11:13:48 11:13:53 11:13:53 11:13:53 11:13:53 11:13:55
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THE COURT:
The court at this time again
stands by its earlier ruling with the supplementation the court has made regarding Exhibit 7.4. back. (11:11 AM, jury returned.) THE COURT: now calling whom? MS. PARKER: THE COURT: raise your right hand. (Witness sworn.) THE WITNESS: THE COURT: as you sit down there. I do. Please take your seat. Careful Wesley Bateson. Mr. Bateson, I need for you to For the record, the government's Call the jury
answers to the questions you're asked, please speak up loud and clear and speak into the microphone. start with you stating your name. THE WITNESS: THE COURT: THE WITNESS: THE COURT: Wesley Bateson. Please spell your name. W E S L E Y. Thank you. B A T E S O N. Have you
Miss Parker.
WESLEY BATESON, Called as a witness on behalf of the government, having been first duly sworn, testified as follows: DIRECT EXAMINATION
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BY MS. PARKER: Q. A. Q. Mr. Bateson, how old are you? 29. And you're here today because you've been --
indicated that you would like to cooperate with the government in an investigation that you have some knowledge of, correct? A. Q. Yes, ma'am. All right. What I want to start is I want to go All
over with you your prior convictions, all right? right.
Isn't it true that on January the 15th of 2003,
you were convicted of the misdemeanor offense of obstruction in Johnson County, Kansas? A. Q. Yes, ma'am. On March the 13th, 2003, were you convicted of
the misdemeanor offense of theft in Lawrence, Kansas? A. Q. Yes, ma'am. On August the 12th of 2004, were you convicted of
the felony offense of manufacturing methamphetamine in Douglas County, Kansas? A. Q. Yes, ma'am. On November the 19th of 2003, were you convicted
of the misdemeanor offense of theft in Germantown, Tennessee? A. I was.
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Q.
On November the 19th of 2003, were you convicted
of possession of drug paraphernalia, a misdemeanor, in Germantown, Tennessee? A. Q. Yes, ma'am. On August the 12th of 2004, were you convicted of
the felony offense of criminal use of a financial card in Douglas County, Kansas? A. Q. Yes, ma'am. On August the 28th of 2005, were you convicted of
the felony offense of possession of methamphetamine in Douglas County, Kansas? A. Q. Yes, ma'am. On August the 28th, same day, were you also
convicted of the felony offense of theft, again in Douglas County, Kansas? A. Q. Yes, ma'am. On the same date, August the 28th of 2005, were
you convicted of seven counts of misdemeanor theft in Douglas County, Kansas? A. Q. Yes. Same day, August the 28th, 2005, were you
convicted of three counts of forgery, each a felony conviction in Douglas County, Kansas? A. Q. Yes, ma'am. Same day, August the 28th, 2005, were you
11:16:32 11:16:37 11:16:37 11:16:38 11:16:42 11:16:47 11:16:49 11:16:51 11:16:55 11:16:59 11:17:03 11:17:03 11:17:03 11:17:11 11:17:17 11:17:18 11:17:23 11:17:28 11:17:34 11:17:34 11:17:34 11:17:42 11:17:45 11:17:49 11:17:49
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
convicted of the felony offense of burglary in Douglas County, Kansas? A. Q. Yes, ma'am. Same day, August the 28th, 2005, were you
convicted of three counts of criminal use of a financial card in Douglas County, Kansas? A. Q. Yes, ma'am. On August the 28th of 2005, were you again
convicted, this time of four counts of breach of privacy, each a felony offense, in Douglas County, Kansas? A. Q. Yes, ma'am. On June the 1st of 2007, were you convicted of
two felony counts of burglary in Johnson County, Kansas? A. Q. Yes, ma'am. On October the 20th of 2008, were you convicted
of the offense of -- the felony offense of being a felon in possession of a firearm in federal court in Kansas City, Kansas? A. Q. Yes, ma'am. And on the same date, October 20th of 2008, were
you convicted of the federal felony offense of aggravated identity theft here in the courthouse in Kansas City, Kansas? A. Yes, ma'am, I was.
11:17:51 11:18:00 11:18:03 11:18:06 11:18:11 11:18:14 11:18:17 11:18:19 11:18:21 11:18:22 11:18:24 11:18:24 11:18:27 11:18:31 11:18:32 11:18:34 11:18:38 11:18:41 11:18:43 11:18:49 11:18:51 11:18:55 11:18:56 11:19:02 11:19:04
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Q.
Now, directing your attention to 2004 and 2005
and 2006, where were you living? A. Q. Umm, I was living in Lawrence. All right. Now, after August the 28th of 2005,
when you picked up all these convictions, where were you living? A. Q. A. Q. A. Q. A. 2006. Q. A. Q. Do you remember when in 2006 you got out? Yeah, I believe it was in April, April or May. All right. And you would have gone in sometime Umm, could you repeat the question? Did you go to jail for the -Yes. Yes, I did.
-- offenses that you committed in Douglas County? Yes, I did. And what period of time were you in jail? From 2005 to 2006, and then I was -- I got out in
in 2005? A. 2005. Q. You're here today why? Why have you agreed to Yes, ma'am, it was -- I believe it was Easter of
testify in this case? A. Q. A. Umm, to hopefully help myself. How would this help you? Well, umm, just --
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Q. yet? A. Q.
Have you been sentenced on your federal offenses
No.
No, ma'am.
And are you hoping that if you provide
substantial assistance, that the judge who sentences you will give you some sentencing consideration for your cooperation? A. Q. That's what my hopes were, yeah. All right. Do you know a person named Carrie
Neighbors? A. Q. A. Q. A. Q. Yes, ma'am, I do. All right. Yes, ma'am. Where? At the Yellow House in Lawrence. I'm going to hand you what's been marked Ask you to take a look at Do you And do you know where she worked?
Government's Exhibit 202.5. that exhibit.
It consists of three pages.
recognize those items? A. Q. A. Yes, ma'am. What are they? Umm, they are the checks that I received from
Miss Neighbors. Q. All right. MS. PARKER: Your Honor, at this time United
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States would offer Government's Exhibit 202.5. THE COURT: MR. DUMA: THE COURT: Exhibit 202.5. BY MS. PARKER: Q. Now, going to the first check here on this Any objection? No objections. At this time the court admits
three-page exhibit, this shows that on November the 9th of 2004, you received a check from Carrie Neighbors for $225 for a table saw, correct? A. Q. That's right. Now, do you remember if this was the first time
you ever went in to Carrie Neighbors' shop, or had you been there before? A. Q. store? A. I remember going there in 2003, umm, maybe I had been there before. Do you remember when you started going to her
possibly even 2002. Q. And what was your purpose in going to Carrie
Neighbors' store? A. cash. Q. A. All right. And why did you want cash? To sell some items that I had for cash. I wanted
Umm, for -- I was -- I'm a drug addict, so I
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was -Q. A. it. Q. Do you have -- or at that time when you first You're a drug addict? Yes, ma'am. So, I was going to buy drugs with
went to see Carrie Neighbors, did you have a particular drug of choice? A. Q. A. Q. Yes, ma'am. What was it? Methamphetamine. All right. And how much did you need per day to
support your habit, if you remember it? A. Quite a bit. I'd say probably, you know, a gram
to -- a gram to two grams a day. Q. And do you remember how much one gram of
methamphetamine cost when you first started going to Carrie Neighbors? A. Q. Yes, ma'am, it was about $120. All right. And you said you took some things to
Carrie Neighbors to sell because you needed the money? A. Q. A. Right. What did you take to her? I took her -- I took a number of things there. I
took a lot of used things. Q. Where did you get the used things?
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A. Q. A.
From burglaries. All right.
I stole 'em.
What else did you take?
Umm, that's -- that's what I took there -- I took
there first. Q. A. At first? Used items, yeah. In like 2002, 2003, I wasn't
really -- I was into the methamphetamine stage of my -my life, and so, I was -- I was doing the manufacturing of methamphetamine thing, and then later on, after I got busted doing that, I still needed to supply my habit, so I started stealing is what I started doing. So, I was
taking used stolen items there is what I was taking. Q. often? A. Q. Yeah, I'd say so, yeah, very often. All right. Were you taking them in -- how many Were you taking items that were used into her
times in a week, let's say, in 2002 or 2003 did you take those used items in to Carrie Neighbors? A. week. Q. A. Q. A. Q. Once or twice a week? Yeah. And how was she paying you? Umm, cash or check, you know. All right. And these checks that you have there, 2002, 2003, I'd say maybe just once or twice a
11:23:10 11:23:18 11:23:24 11:23:27 11:23:28 11:23:28 11:23:29 11:23:31 11:23:34 11:23:36 11:23:37 11:23:41 11:23:43 11:23:48 11:23:49 11:23:54 11:23:57 11:24:01 11:24:03 11:24:04 11:24:09 11:24:13 11:24:15 11:24:16 11:24:18
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
Government's Exhibit 202.5, those are the only checks we have for you for 2004 and 2005, but did she pay you in cash and in check during those years? A. Q. A. Q. In 2004, 2005? Yes. Yes, ma'am. All right. At some point in time, did you ask
her to begin just to pay you by cash? A. Q. A. I had asked -- I had asked for that, yeah. Why? Umm, just to avoid the hassle of having to go to
the bank and cash the check, and so -Q. A. Q. All right. -- it was quicker. Now, when you first started selling items to
Carrie Neighbors, could you describe the process when you would take something in? I mean, would you be
ushered right up to the desk, would you stand in line, how did it work? A. At -- at first, I would stand in line, and then
later on, I would -- I would take 'em -- take 'em around back is what I would do, take 'em to the back of the store. Q. All right. Well, let me stop you here. How soon
after you began to sell to her did you stop going into
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the store and began to take the items around to the back? A. Q. I'd say in 2004, 2005, I started doing that. And why did you start taking them around to the
back rather than going into the store? A. That's what she told me. She told me to just
take 'em around back, that's what. Q. How many items were you taking to the Yellow
House at any one time in 2004 and 2005? A. Oh, I mean, I -- I've walked in there with a
number of tool sets and -- tool sets and cameras at the same time. Usually, a lot of times, I'd just go in
there with one item, but there was -- there was a number of times I probably went in there with two or three different items. Q. A. back -Q. A. Q. A. All right. -- umm, like later on in 2004 and 2005. Why would you drive around to the back? Well, she -- she had asked me -- she'd asked me Into the store or drive around the back? Into the -- into the store. I would drive around
to go around back, and then -- so that, that way, I could just load -- help load the stuff into her vehicle, I guess is what it was.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Q. A. Q. A. Q.
Were you walking to the back of the store? No, I drove. With stuff in your arms? No, I drove around back. All right. And where were the items that you
were taking? A. Q. A. Q. A. Where in? Were they in your car? In -- yes. In the back seat, where were they? I had a number of different cars. In the back of
the truck, or in the back seat, or in the trunk. Q. And would she come out then to the back and would
you do your negotiating for price out back, or how would that work? A. Umm, well, the price had all ready been I would just -- it was -- I was receiving
negotiated.
$0.50 on the dollar for the new items that I'd bring to the store. Q. All right. Now, you had originally said when you
started, you were stealing -- you were bringing -bringing her used items that you had stolen in burglaries, correct? A. Q. Right. Now you're talking about new items. When did you
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begin to bring Carrie Neighbors new items? A. Q. items? A. Because that was -- that's what I was doing then Beginning in 2004. All right. And why did you begin to bring new
at that time, I was stealing credit cards and checks and I was using stolen credit cards and checks to -- to buy these new items, 'cause I knew I could get more money for the newer items. Q. And how did you know you'd get more money for the
new items? A. Umm, initially, because I took one in there to
her and to see what I could get for it, and I received $0.50 on the dollar. Q. All right. On the used items that you took in,
did you receive $0.50 on the dollar? A. Q. A. No. How was the price determined for the used items? She'd look it up on the computer. She'd do her
little computer thing and look it up on there, and then I guess determine what the brand name of it was, and somehow come up with a price. Q. All right. Wasn't very much usually.
Now, when you started bringing the
new items to her and would drive around to the back of the store, how would she know you were there?
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A.
I'd pull up front.
I'd pull up front and go in, She'd just tell
tell her that I had some stuff for her. me to pull around back. Q. A. Did she have a nickname for you?
I don't know if she necessarily did, but the
store -- the store did when I'd walk in. MR. DUMA: Judge, I'm going to object to
that as being non-responsive to the question. THE COURT: BY MS. PARKER: Q. A. Q. Did you have a nickname around the Yellow House? Yes. What was it? MR. DUMA: Judge, I'm going to object to That's clearly hearsay. Sustained. Sustained.
that lack of foundation. THE COURT: BY MS. PARKER: Q.
Did anybody use a nickname to describe you,
excuse me, when Carrie Neighbors was in the store? A. Yes, ma'am. MR. DUMA: Judge, I'm going to again object
to that as hearsay, anybody. MS. PARKER: May we approach?
(Proceedings held at the bench, outside the hearing of open court.)
11:28:15 11:28:19 11:28:21 11:28:25 11:28:28 11:28:29 11:28:33 11:28:35 11:28:36 11:28:39 11:28:43 11:28:45 11:28:46 11:28:49 11:28:52 11:28:54 11:28:56 11:29:00 11:29:03 11:29:10 11:29:13 11:29:15 11:29:16 11:29:18 11:29:21
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 was made.
MS. PARKER:
Your Honor, she's present and
the nickname is used, it's in the course of the conspiracy when she is buying items from him, and I think it's absolutely proper as part of the res gestae of this offense. MR. DUMA: I don't know about on res gestae,
but it is not a statement by a co-conspirator clearly, and it's hearsay. MS. PARKER: Wait a minute, Patrick Stanwix,
Lois, and the other people in there are co-conspirators. Just because they weren't charged doesn't mean they're not co-conspirators. MR. DUMA: Except he hasn't identified
anybody as who supposedly is saying this stuff. THE COURT: Well, that's where the objection
The question was, did anybody use the
nickname to describe you when Carrie Neighbors was in the store. And he said yes. And you objected.
Depending on who he says used a nickname, it might be -the court might be inclined at that time to either allow him to continue with that testimony or not. MS. PARKER: THE COURT: I'll go back and clarify. So, you need to ask that
question, and make your objection based on what he said. MR. DUMA: Is there a ruling at this time
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
that Mr. Stanwix and Miss Jackson are co-conspirators in this case? THE COURT: I haven't made that ruling, but
sounds like it may be an argument government's going to make, so I don't know who he's going to say used this nickname. So, he may say someone, and then not be able
to remember the name of the person, so I'll wait to hear the testimony. (Proceedings continued in open court.) THE COURT: MS. PARKER: BY MS. PARKER: Q. Now, I had asked you about a nickname. Did Please continue. Thank you.
somebody have a nickname for you in the store there? A. Q. A. Yes, ma'am. You know who that was? Umm, it was a gentleman with dark hair. Umm, he
was -- he was in the store. Q. A. Q.
He was just a helper.
He was an employee of the store? I believe so, yes. All right. And would he say something to Carrie
when you came in, Carrie Neighbors? A. Q. A. Yeah, he would kind of make a joke. All right. What was his joke?
Make a joke about --
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MR. DUMA: previous objection. THE COURT:
Judge, again, I would renew my
Come forward please.
(Proceedings held at the bench, outside the hearing of open court.) MR. DUMA: My objection is that Miss Parker
indicated she was going to have that person identified as Patrick Stanwix who she claimed was a co-conspirator. Now we don't even know who the person is. MS. PARKER: Well, I'll show him the picture The people on that board
and ask him to pick him out.
except for Reyes who came forward and actually became a confidential informant about what was going on, the government contends are all co-conspirators. We did not
charge them, but there is sufficient evidence before this court right now based upon the testimony of the officer and the other people who've been in there that Stanwix packed for her, Cale did odd jobs, Mrs. Jackson was there. We've got her on tape answering the phone And all of this is openly going on in
taking orders.
the store when this activity's going on, so I believe all of them, there's sufficient evidence for this to be evidence that was developed in the course of the conspiracy by co-conspirators, and this goes -- this statement in her presence, whether she says it or
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
somebody else does, clearly indicates that she is aware that this -- this witness is not -MR. DUMA: Marietta. They can almost hear you,
They can almost hear you. MS. PARKER: All right. Indicates that
this -- the witness repeated use of the term warehouse man clearly put her on notice that even her employees believed that this fellow was a very prolific seller to the Yellow House. of the conspiracy. MR. DUMA: identified. A person who said it hasn't been It's a statement made in the course
I disagree that there's been any evidence
at all to show that there has been an -- any illegal actions done by Patrick Stanwix or Lois Jackson. Clearly, they were there. THE COURT: That's all that's been shown. A couple things
Anything else?
in regards to the objection.
At this point, the court The
would find that the objection should be sustained.
witness has not identified whoever it was in the store that had a nickname for him, so I'll sustain the objection. There's insufficient foundation laid at this
time for this witness to testify about this matter, and would be hearsay. The government has now indicated that
they would then show the witness the exhibit that contains the photographs, and government believes that
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he would in fact identify Patrick Stanwix. MS. PARKER: not sure. THE COURT: As John Cale as the person who Either that or John Cale, I'm
called him this nickname, and they believe that Mr. Stanwix or Mr. Cale are un-indicted co-conspirators in this case, and as such, this statement made by these un-indicted co-conspirators should be allowed in. Defendant objects. They don't believe that there's been
a sufficient showing at this time to have the court determine whether or not Mr. Stanwix, Mr. Cale are, in fact, co-conspirators. Usually, this is a subject of a Court sometimes takes it
James hearing prior to trial. up during trial.
If I were to consider the request by
the government at this time, I don't believe there's been sufficient evidence for the court to make a James hearing type of ruling. I don't believe there's been
sufficient showing for -- this time, for the court to find that these individuals are in fact co-conspirators. As such, this is a little, you know, anticipatory on the court, even if the government would identify -- have this witness identify one of those two individuals, at this time court does not believe it would be proper to allow that evidence in. sustained. It would be hearsay. Objection
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(Proceedings continued in open court.) BY MS. PARKER: Q. When you went to the Yellow House to sell items,
did Carrie Neighbors ever use a nickname for you herself? A. Q. No, ma'am. All right. Now, you would go poke your head in
or wave or let 'em know you were there how? A. I would -- I would pull up in front and I would
-- I would walk in. Q. A. Q. All right. Walk in the store. And then you'd catch her eye. How would she know
you were there? A. Q. Yeah, she would. All right. She would see me walk in.
And then at some point in time, she
had directed you to take your car around to the back? A. Q. A. Right. Did she tell you why? Umm, no, she didn't ever say why. She -- I just
-- no, she never said why. Q. How many items at a time were you taking in to
Carrie Neighbors when you put 'em in your -- when you brought 'em in the car? A. When I brought 'em in the car, anywhere from one
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
to -- one to three items -- one -- maybe even, yeah, one to three items, I'd say. Q. And what kind of items were you bringing to
Carrie Neighbors in 2004 and 2005? A. Q. Brand -- brand new items. Just anything in particular or just anything you
could get your hands on? A. No, particular -- particular items. De Walt tool
sets, saws, name brand De Walt, you know. Q. How did you -- why did you pick De Walt tools to
bring to her? A. Q. A. She had asked me for De Walt tool sets. Okay. Yes. Can you describe that conversation please? Yeah. I just -- well, I'd went in with
a -- with a camera and -Q. A. Q. A. New camera? Yeah, it was a -- it was a new camera. All right. And I didn't really get the feeling that she
really wanted to, you know, give me the cash that I wanted for the camera, $0.50 on the dollar. Q. A. What did she give you, do you remember? I think she gave me $0.50 on the dollar is what
she gave me, but I kind of sensed that she didn't really want to. So, I asked her if there was items that she
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wanted me to -- wants in particular.
I told her I could
get anything -- anything she would want, and I brought in tool sets before. Q. A. Q. A. De Walt tool sets or other kinds? Right, De Walt tool sets. All right. And she told me that -- she told me that the De
Walt tool sets would be fine, and that's what she would -- if it was up to her, that's what she would want. Q. All right. And so, then did you begin to
concentrate on any particular kind of item to bring to her? A. I did. Yeah, I really concentrated on the -- on
the tool sets. Q. All right. At some point in time, did Carrie
Neighbors begin to pay you more in cash than in checks? A. Q. A. Q. Yeah, I'd say -- I'd say she did. Do you remember when that was? Umm, probably early 2005, I would say. And did Carrie Neighbors ever write you checks in
somebody else's name, not in Wesley Bateson's name? A. Q. A. Yes. When was that? Umm, that was -- that was all the time, really.
11:38:15 11:38:22 11:38:25 11:38:28 11:38:30 11:38:31 11:38:32 11:38:36 11:38:39 11:38:40 11:38:42 11:38:46 11:38:48 11:38:51 11:38:56 11:38:57 11:38:58 11:38:59 11:39:02 11:39:02 11:39:03 11:39:04 11:39:08 11:39:09 11:39:09
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Umm, I'd say late 2004, early 2005, again, umm, yeah, I'd use -- I'd use a number of different ID's. Q. All right. Whose idea was it for her to write
checks in a name other than your own? A. Q. A. It was mine. Why? Umm, because I didn't want to write -- I didn't
want to write my name down on the paper that she was wanting me to sign. Q. A. Would that be a seller's form? Umm, not real sure what it was. I just know that
I had to sign a paper, umm -Q. Let me hand you what's been marked Government's
Exhibit 202.1, and ask you if you are familiar with that? A. Q. A. form. Q. All right. MS. PARKER: Your Honor, at this time Yeah. That's --
What is that? That's -- that's the form, that's the seller's
government offers Government's Exhibit 202.1. THE COURT: MR. DUMA: THE COURT: Any objection? No objection. At this time court admits
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Exhibit 202.1. BY MS. PARKER: Q. All right. Now, do you see up at the top where
it says it's a seller's form? A. Q. A. Q. that? A. Umm, no, I don't remember signing that. I don't -- I don't recall, though. Did you cross your signature out? Judge, I'm going to object to I'm -- I Right. All right. Okay. And there's a signature there. Did you sign And it has your name on it?
may have. Q.
All right.
MR. DUMA:
that as a leading question. THE COURT: BY MS. PARKER: Q. A. Q. What happened to that signature, do you know? I don't -- I don't recall that day. But this shows that you were paid both by cash Sustained.
and by check for a tool set and a camera, correct? A. Q. Right. All right. And after you signed this one, did
you sign any other seller's forms? A. Q. Not -- not -- not in my name, no. Why not?
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A. Q. A. Q. A.
Umm, because I knew she was in trouble. How did you know? She -- she had told me. What did she tell you? Well, she had told me that -- she told me that I don't specifically remember what
she got in trouble.
she did to get in trouble, I don't remember what she said to me to get, but she said that she has to -- we have to fill out these forms now. Q. Now, this form is signed in May, May 19th to be
exact of 2006, correct? A. Q. this? A. Q. That was -- that was right after I got out. So, when you got out of jail from all those Right. How long after you got out of jail did you sign
convictions that you picked up in Douglas County, what were you doing to make a living? A. Q. A. Q. Same -- same thing, I was stealing. Went right back to stealing? Right back to stealing. All right. Did you ever tell Carrie Neighbors
that you'd been in jail when you showed back up again? A. Q. I believe I mentioned it, yeah. All right. And did she ever refuse to buy
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anything after that, that you brought in? A. Q. No. Now, attached there, if you turn that exhibit
over, the 202.1, do you see some cash register receipts there? A. Q. A. Q. Yes, ma'am. Do you know where those came from? Umm, probably -- probably from me. Well, let me show you Government's Exhibit 202.3
and ask you -- let me show you this, ask you whether the contents of this envelope are the same as the receipts on the bottom of that seller's form? A. Yeah, these are the same. MS. PARKER: Your Honor, at this time
government offers Government's Exhibit 202.3. THE COURT: MR. DUMA: Your Honor. Thank you. THE COURT: Exhibit 202.3. BY MS. PARKER: Q. And at some point in time, you were arrested, At this time the court admits Any objection? Is that the -- yes, no objection,
were you not? A. Q. Yes, ma'am. All right. After this May the 19th sale at
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Yellow House? A. Q. Yes. And your car was impounded and items were taken
-- were seized from your car, correct? A. Q. Yes, ma'am. All right. And Exhibit 202.3, which is -- you
have the original receipts, correct, in that envelope in front of you? A. Q. A. Q. Yes. All right. And were those seized from your car?
Yes, they were. Where did you get the wherewithal to buy things
at Home Depot and Wal-Mart? A. Q. Umm, I'm not sure I understand the question. Well, these receipts show that something was Do you see that?
purchased at Home Depot. A. Q. Right.
And then it also shows that something was It looks like about $728 worth Did you -- did you
purchased at Wal-Mart.
of goods were purchased at Wal-Mart. sometimes go in and buy things? A. Q. Oh, yeah. Yeah.
And where did you get the money to buy $700 plus
at Wal-Mart? A. Oh, credit cards and checks.
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Q.
When you stole the new in the box items that you
were taking to Carrie Neighbors in 2004 and 2005, where did you get 'em? A. Q. A. Q. From the stolen credit cards and checks. And where did you get those credit cards? Burglaries. Burglaries. All right. Did you ever have any
burglaries of homes or other types of -A. Q. A. Q. A vehicle, vehicle burglaries. Vehicle. Right. Did you have places that you preferred to go to Okay. So, you were breaking into cars?
break into cars? A. Q. A. Yeah. Where? We -- I would go to fitness centers, tanning
salons, umm, shopping center -- behind the shopping centers, wherever there was a potential for a woman to leave her purse alone. Q. All right. And in your experience, women going
into a gym would leave their purse in the car? A. Q. A. Q. 90 percent of the time, yeah. Same thing with tanning salons? Yes, ma'am. All right. And how would you know which cars to
11:44:57 11:44:58 11:45:00 11:45:00 11:45:01 11:45:05 11:45:06 11:45:14 11:45:17 11:45:19 11:45:20 11:45:20 11:45:23 11:45:26 11:45:30 11:45:31 11:45:32 11:45:33 11:45:34 11:45:37 11:45:39 11:45:44 11:45:46 11:45:49 11:45:52
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break into? A. leave. Q. A. Q. A. Who's we? Umm, me and my accomplice, me and a female. Who was that? Accomplice. Jennifer Upton, Kate Alexander, umm, We would -- we would watch 'em -- watch 'em
that's -- that's it. Q. purse? A. Q. A. Q. Right. And then you'd find what in the purse? ID's and credit cards and the checks. Okay. Now, could you use a woman's credit card So then, you would break into the car and steal a
yourself to buy things? A. Q. A. Q. I have. You have? Yes, ma'am. And under what circumstances have you used a
woman's ID to buy things? A. Umm, I just walked into the store, and then they
would ask -- they would ask for ID, but they would never look at the picture, so -- or a lot of times, they wouldn't look at the picture, or I'd just cover it up with my thumb. I've used -- I've used a woman's ID a
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couple times. Q. All right. Did the ladies that you've just
described as your -- being accomplices also use those stolen credit cards? A. Q. Yes, ma'am. Now, after -- let's say, you stole a credit card
from a purse, a lady's purse parked in front of the gym at 10 o'clock in the morning, how long would it take you to begin using that stolen credit card to buy things? A. Just depends how far away the next store was. I
mean, immediately. Q. And why did you head out immediately to use that
stolen credit card? A. Because as soon as they would find that their
purse was missing, they would call and cancel the credit cards. Q. All right. So, did you have in your head any
kind of a time line about when it was safe to use it and when you should stop? A. Umm, it was safe to use it right after we got it,
and then at some point in time, when they -- when they cancel 'em, it will say, please see cashier on the -- on the -Q. A. When you swipe it? On -- when you swipe it, and then you know it's
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not -- it's not good anymore. Q. When you were swiping those cards yourself, were
you doing it at self-checkout or with a cashier? A. Q. Cashier. All right. And so, when that would come up, what
would the cashier do? A. Umm, they would ask if we had another -- another
form of payment or another card. Q. All right. But never stopped you and said this
is stolen, I'm calling the police? A. Q. Never happened. All right. So, when that would happen -- when
that would occur, what did you do? A. Umm, usually, we'd -- we'd leave the store is
what we usually did, but I recall a couple times bringing out the check, umm, using a checkbook. Q. Now, would that be your own checkbook or another
checkbook? A. person. Q. So, when the card was swiped and it said, you No, it would be theirs, the same -- the same
know, see cashier, sometimes you'd offer to pay by check? A. Q. Yes. Using the stolen checks?
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A. Q.
Yes.
Yeah.
And how long were you able to use stolen checks
to buy merchandise? A. Q. A. Q. They would -- they were always good, I mean. Until you used all the checks up? Sometimes, yeah, yeah. Were there certain times of the day that you
preferred to use the checks? A. Q. A. Yeah, after banking hours. Why is that? Umm, well, the only potential -- really the only
potential for getting caught would be for them to call the bank. If you -- if you walk in there and give 'em a
check, and if they're suspicious of anything, they could call the bank right then and ask if the -- if you're using a stolen check or not. Q. All right. Now, these receipts that are attached
here to the seller's form, do you remember giving receipts like that to Carrie Neighbors? A. Q. A. Yes, ma'am. Why? Umm, for the -- for the tax purposes, umm, is why
I did it to let her -- to show her the actual -- how much the items actually were. Q. So you could get your 50 percent without an
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argument? A. Q. A. Q. Right. I wanted the 50 percent on the tax, too.
Did you get it? Yeah. Now, did you alter these credit card receipts in
any way? A. Umm, no. Sometimes -- sometimes, umm, would tear
the bottoms off of 'em. Q. A. Q. Why would you tear the bottom off of 'em? Well, just to get rid of the name on there. Sometimes then, the name of the real credit card
holder would be on the bottom? A. Q. Right. And as you took these receipts in -- and you took
the items as well, correct? A. Q. Yes. Yes. I'm -- and as you took the items in
All right.
with the receipts, how many times did Carrie Neighbors say, why don't you take this back and get what you paid for it? A. Q. I don't think she ever said that to me. And how much would she give you on -- she'd give
you the 50 percent? A. Q. Right. All right. Did you ever take her gift cards?
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A. Q. A.
No.
No.
Did she ever ask you if you were a cop? She had -- she had said that one time that, umm,
for all she knew, I could be a cop. Q. A. What did you say? I -- I expressed that there's no way that's
possible, that I'm definitely not a cop. Q. All right. Was there any time when she would
make specific requests about what she wanted you to bring in? MR. DUMA: Judge, I'm going to object to
that as leading question. THE COURT: BY MS. PARKER: Q. How many times, if ever, did Carrie Neighbors Sustained.
ever give you a specific order to bring something to her? A. Just -- umm, just that one time, really is when I
asked her, and she -- she told me to bring in the -- she liked the De Walt tool sets. Q. All right. Did she tell you how many De Walt
tool sets she could take -- she would like? A. Q. No, she never -- she never said. Do you remember giving a -- an interview to some Do
police officers on March 11th of 2009 in this case?
11:51:44 11:51:45 11:51:47 11:51:49 11:51:50 11:51:50 11:51:53 11:51:55 11:52:02 11:52:09 11:52:11 11:52:15 11:52:19 11:52:21 11:52:27 11:52:32 11:52:36 11:52:39 11:52:42 11:52:45 11:52:46 11:52:48 11:52:48 11:52:51 11:52:53
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you remember a debriefing? A. Q. Oh, yeah. Yes, ma'am.
And at that debriefing, you told the truth,
correct? A. Q. Yes, ma'am. I want to show you a copy of that report and ask
you to read a sentence and see if that refreshes your recollection about -- does that refresh your recollection? A. Q. Yeah. Yeah. Let me ask you again, did Carrie
All right.
Neighbors tell you how many De Walt tool sets she would take? A. Yeah. She -- she said -- she said that, umm, There -- there wasn't I
there wasn't really any number.
really any number that she couldn't take, you know. wouldn't just -Q.
What you said that day was -- on March the 11th
was correct, right? A. Q. Right. All right. And what did you tell the officers
that day? A. I told -- I told 'em that there wasn't any number
that she couldn't take. Q. That's what she said?
11:52:54 11:52:54 11:53:05 11:53:10 11:53:16 11:53:23 11:53:24 11:53:25 11:53:25 11:53:26 11:53:30 11:53:34 11:53:37 11:53:41 11:53:44 11:53:47 11:53:56 11:53:57 11:53:58 11:54:07 11:54:11 11:54:15 11:54:15 11:54:16 11:54:17
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A. Q.
Right. About how many times, if you know, do you think
you went in and sold Carrie Neighbors items between 2004 and July of 2006? A. Q. A. Q. A. Q. How many times did I go in there? And if you don't know, you don't know. I don't know. All right. A lot. Now, besides the money that you were getting from
Carrie Neighbors for the items you were taking in, did you have any other source of income during this period of time? A. Q. No. Now show you what's been marked Government's Do you recognize that?
Exhibit 202.4. A. Q. A. Yes.
Yes.
What is that? That is the receipt for a bicycle that we got
from Kate Alexander's -- Kate Alexander's house. Q. A. Q. All right. Right. Okay. MS. PARKER: Your Honor, at this time And this is dated 5/16 of '06, right?
government offers Government's Exhibit 202.4.
11:54:20 11:54:21 11:54:23 11:54:25 11:54:27 11:54:27 11:54:30 11:54:30 11:54:33 11:54:34 11:54:35 11:54:36 11:54:37 11:54:45 11:54:50 11:54:53 11:54:55 11:54:56 11:54:57 11:55:00 11:55:03 11:55:03 11:55:04 11:55:07 11:55:07
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THE COURT: MR. DUMA: THE COURT: Exhibit 202.4. BY MS. PARKER: Q. A. Q.
Any objection? No objection. At this time the court admits
And I'm going to put this up on the overhead. Okay. You can either use the exhibit to follow along or
the screen in front of you. A. Q. A. Q. Okay. But this is a pawn receipt? Yes, ma'am. Okay. And this shows that on this date, 5/16 of
'06, you pawned something? A. Q. A. Q. A. Q. Kate Alexander and I did, yes. All right. Right. Was that a correct address? No. It's -- that's my mom's address. And it has your address, correct?
That's your mom's address, but that's the address
you gave 'em, correct? A. Q. A. Q. Yes, ma'am. And did you have to show ID? Yes, ma'am. And that at one time had your driver's license
11:55:13 11:55:15 11:55:18 11:55:21 11:55:23 11:55:24 11:55:26 11:55:31 11:55:33 11:55:35 11:55:36 11:55:38 11:55:41 11:55:43 11:55:47 11:55:51 11:55:52 11:55:55 11:55:56 11:55:59 11:56:05 11:56:10 11:56:10 11:56:13 11:56:21
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number in it; can you tell? A. Q. Yeah, it looks like that. All right. So, the pawn shop would have required
you to show your driver's license, your picture ID? A. Q. A. Right, yeah. All right. And what did you sell?
We sold Kate's -- I believe it was Kate's Might have been her son's bicycle.
bicycle. Q. A. Q.
And that was not a stolen item, right? No, not a stolen item. Why didn't you take some of those items that you
were taking to Carrie Neighbors to the pawn shop like you took that bike? A. Because -- because I didn't want to take any --
any stolen items somewhere where I had to turn in my ID for it. Q. All right. And did you ever have to show ID to
Carrie Neighbors? A. Q. No. And why did you hesitate to have your ID out
there for items like you were taking to Carrie Neighbors? A. Because they were stolen. I didn't -- I knew --
I knew other pawn shops were pretty adamant about ID, and you know, receipts, and umm, paper trails and stuff
11:56:25 11:56:27 11:56:30 11:56:34 11:56:39 11:56:43 11:56:47 11:56:48 11:56:49 11:56:54 11:56:58 11:56:58 11:57:01 11:57:02 11:57:03 11:57:06 11:57:06 11:57:09 11:57:16 11:57:18 11:57:19 11:57:23 11:57:24 11:57:25 11:57:26
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like that. Q. Now, I think I might have forgotten to ask you,
but I want to go back to the times when you would drive your car around to the back of Carrie Neighbors' store, okay? What would you do after you got the car and the
goods you were selling her into the back of the store? A. Q. A. What would I do? Yeah. Umm, lot of times, I'd get my money and leave.
Umm, a couple times, umm, put 'em in the back of her car. Q. A. Q. A. All right. Right. And do what with them? Help load 'em into the back of her -- her You would take them out of your car?
vehicle. Q. A. Who were you helping to load? Umm, sometimes her; couple times, umm, umm, a
gentleman that was at the store. Q. A. Q. A. Q. A. All right. What did he look like?
Umm, he was tall, African American male. Do you know his name? Guy. Guy? Yeah.
11:57:26 11:57:28 11:57:31 11:57:33 11:57:36 11:57:38 11:57:41 11:57:46 11:57:49 11:57:53 11:57:56 11:57:57 11:58:00 11:58:04 11:58:10 11:58:12 11:58:13 11:58:14 11:58:15 11:58:17 11:58:18 11:58:19 11:58:21 11:58:24 11:58:27
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Q. A.
Were you ever introduced to him? Just -- just at the -- just at the store when he
was helping me unload the stuff. Q. All right. And you always put them in Carrie's
car, or did you put 'em someplace else, too? A. Umm, a couples times put 'em under -- she had --
behind the store, there's this little awning, and couple times put 'em underneath, like I helped -- I helped put 'em underneath a tarp, helped another guy, umm, a white guy with black hair, put 'em underneath the tarp out there in the back, underneath the awning. Q. Can you turn around and look at that board right
behind you, which I think is Government's Exhibit 130, but let me make sure. No, it's Exhibit 131. Do you see
first of all the fellow you know as Guy? A. Q. A. Q. Yes. And where is he? He's right there. All right. You're pointing to the gentleman on
the top row, correct? A. Q. Correct. All right. And then do you see anybody else --
or do you see the person you just testified would sometimes help you put stuff under the tarp? A. Yes.
11:58:27 11:58:28 11:58:29 11:58:32 11:58:33 11:58:34 11:58:38 11:58:41 11:58:42 11:58:46 11:58:49 11:58:51 11:58:53 11:58:54 11:58:59 11:59:00 11:59:02 11:59:04 11:59:04 11:59:08 11:59:11 11:59:11 11:59:12 11:59:14 11:59:17
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Q. A. Q.
Which one is he? Right here. And is that the one under -- whose the name under
that is John Cale? A. Q. That's right. And he would help you put it -- was he there when
you and Carrie were negotiating or when she was paying you? A. Q. Umm, yeah, yeah, he was. Did he ever participate in any of the
discussions? A. Q. A. Yeah, I mean, he'd -- yes. How did he participate? Umm, he'd -- he'd called me wholesale man is what
he called me. Q. With Carrie -- wait a minute. MR. DUMA: bench? THE COURT: Come forward. Wait a minute.
Judge, may we please approach the
(Proceedings held at the bench, outside the hearing of open court.) MR. DUMA: Would you please ask the jury to That clearly wasn't
disregard that response?
responsive, and you've all ready ruled on that objection.
11:59:18 11:59:21 11:59:25 11:59:30 11:59:33 11:59:38 11:59:40 11:59:46 11:59:49 11:59:52 11:59:54 11:59:58 12:00:01 12:00:02 12:00:03 12:00:04 12:00:08 12:00:10 12:00:12 12:00:17 12:00:21 12:00:24 12:00:26 12:00:29 12:00:33
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MS. PARKER:
I was not asking that.
I was
expecting another answer, but after his comment that John Cale helped to load, unload and hide the items under a tarp in the back of the store, and that he was there for the discussions between Carrie Neighbors and this witness, I think there is sufficient evidence now to determine that he is a co-conspirator, so I just -MR. DUMA: Nothing's changed in that regard, All he said is he
Your Honor, as to a co-conspirator. placed it under a tarp. hiding anything.
There was no evidence that he's
That's just the spin the government's
trying to take off that's just not supported by evidence. THE COURT: MS. PARKER: Anything else? It's reasonable inference, and
I think we are entitled for this purpose to the reasonable inference, but that's all I have. THE COURT: the objection. A couple things in regards to
The court would find that the witness's
response that he gave was non-responsive to the question. I am going to direct the jury to strike it
from the record and ask them to disregard it in regards to the evidence. In regards to the government's
argument that now there's been sufficient foundation laid for the court to make a finding about Mr. Cale
12:00:37 12:00:40 12:00:45 12:00:48 12:00:54 12:00:57 12:00:59 12:01:01 12:01:02 12:01:03 12:01:04 12:01:06 12:01:08 12:01:10 12:01:13 12:01:16 12:01:19 12:01:20 12:01:21 12:01:31 12:01:33 12:01:35 12:01:38 12:01:40 12:01:43
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being a co-conspirator, up to this point, court would find the government has not met its burden, and as such, this evidence would not be allowed under the co-conspirator exception for statements during the trial. That's the court's ruling. I have a question in
regards to your time. MS. PARKER: I'm almost finished.
Especially now, I'm almost finished. THE COURT: MS. PARKER: THE COURT: MR. DUMA: THE COURT: Five minutes? Not even that. How much cross-examination? He's going to take a little time. I'm going to take our recess. I have to take I
actually have something else coming up. a plea.
I think you'll be okay if you just move your
material back, if you want. MR. DUMA: THE COURT: Sure. Okay. Thank you.
(Proceedings continued in open court.) THE COURT: In regards to the last answer
this witness gave, court would find that that answer he gave was non-responsive to the question he was asked, and so, at this time, in regards to that last -- very last response, the court is going to strike it from our record and tell the jury to disregard it in regards to
12:01:47 12:01:52 12:01:53 12:01:54 12:01:55 12:01:57 12:02:01 12:02:02 12:02:03 12:02:06 12:02:11 12:02:11 12:02:12 12:02:18 12:02:20 12:02:23 12:02:23 12:02:25 12:02:25 12:02:26 12:02:26 12:02:28 12:02:28 12:02:29 12:02:34
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your evidence you're receiving in this case. Miss Parker? MS. PARKER: THE COURT: MS. PARKER: were breaking now. minute or two. BY MS. PARKER: Q. We're back in back of the store. You've taken Yes, Your Honor. Any other questions? Oh, I'm sorry, I thought you
It will just take me I think just a
your car back there, and who do you deal with to get the money? A. Q. Carrie. All right. And did the -- did you remember ever
seeing the merchandise that came out of your car go back in that store, or did it mostly go in her car and under the tarp? MR. DUMA: question. THE COURT: BY MS. PARKER: Q. store? A. Q. No. All right. And when you were taking merchandise All right. Did you ever see it go back in the Sustained. Object to that as a leading
in your car around to the back of the store, what was
12:02:37 12:02:41 12:02:42 12:02:45 12:02:45 12:02:49 12:02:50 12:02:52 12:02:53 12:02:56 12:02:59 12:03:01 12:03:05 12:03:08 12:03:11 12:03:14 12:03:16 12:03:58 12:04:03 12:04:06 12:04:08 12:04:08 12:04:10 12:04:12 12:04:14
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the dollar value on the average of that merchandise? A. Q. what -A. Oh, oh, the items, how much were they? In the $0.50 on the dollar. No, I understand that's what she paid you. But
500 plus range. Q. A. Q. All right. Right. All right. Thank you. I have nothing further. In light of our That 500 or more?
THE COURT:
Excuse me.
time, we'll go ahead and take our lunch recess at this time, jury members. Please remember your admonition,
which is that no one's to talk to you about the case, and even among yourselves, as you take your lunch, you can't talk about it between yourselves. back 1 o'clock. Thank you. Have everybody
(12:03 PM, jury left.) THE COURT: Court stands in recess. Please
go back at this time, marshal, and have him brought back at 1 o'clock. UNIDENTIFIED MARSHAL: THE COURT: MS. PARKER: Thank you. Your Honor, I'm sorry, I forgot May we do that right Yes, Judge.
to have one exhibit identified. after lunch?
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Yes. I'm sorry, that's -Proceedings
(Whereupon court took a recess. then continued as follows: and jury returned.) THE COURT: session, jury members.
1:20 PM, court
Getting ready for our afternoon Oops.
(Juror lost pen.) THE COURT: Getting ready for our afternoon
session, so again please be alert, please be attentive to everything that's being presented to you. Continuing
where we left off, is there anything more of the witness by the government? MS. PARKER: BY MS. PARKER: Q. I just have one other area to go into. Yes, Your Honor.
Mr. Bateson, on the screen in front of you is a copy of Government's Exhibit 202, which you've all ready identified as the seller's form that you signed there on May the 19th of 2006, correct? A. Q. Yes, ma'am. All right. And this shows that you were paid by
what means? A. Q. Cash and check. Both cash and check?
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A. Q.
Yes, ma'am. All right. And then there's a notation up here,
Check Number 2532, correct? A. Q. A. Q. Right. All right. No. I want to show you what has been marked as Did you write that on there?
Government's Exhibit 202.2, and ask you, does that appear to be the check stub for Check Number 2532? A. Q. A. Q. Yes. Yes, ma'am. And whose name is on there?
All right. It's mine. All right.
MS. PARKER:
Your Honor, at this time
government offers Government's Exhibit 202.2. THE COURT: MR. DUMA: THE COURT: Exhibit 202.2. BY MS. PARKER: Q. Now, Mr. Bateson, Government's Exhibit 202.2, Any objection? No objection, Your Honor. At this time court admits
I've got on the overhead that shows the check number, correct? A. Q. That's right. All right. And that check number matches the
13:21:38 13:21:41 13:21:41 13:21:46 13:21:47 13:21:47 13:21:50 13:21:51 13:21:55 13:21:56 13:22:00 13:22:01 13:22:02 13:22:06 13:22:09 13:22:10 13:22:13 13:22:17 13:22:22 13:22:24 13:22:27 13:22:27 13:22:39 13:22:40 13:22:42
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
check number on the seller's form? A. Q. Yes, ma'am. All right. And the notation here is tools. You
see that? A. Q. That's right. What kind of tools were you taking to the Yellow
House at that time? A. I believe they were the De Walt -- the De Walt
variety, the tool set. Q. And this shows that the check was for $150,
correct? A. Q. Yeah. All right. But your seller's form shows that you
were paid $550, is that right? A. Q. That's right. So, do you know how you would have gotten the
other $400? A. Q. Umm, cash, I would assume. All right. All right. Cash.
And it was not unusual
for you to get cash from Carrie Neighbors, was it? A. Q. No. All right. MS. PARKER: Thank you, Your Honor. That's
the last of my questions for this witness. THE COURT: Cross-examination?
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. DUMA: Q.
MR. DUMA:
CROSS EXAMINATION
Mr. Bateson, you pled guilty to your federal
case, it looks like back in 2009 -- strike that. October of 2008, right? A. Q. That sounds about right. Okay. And I just got that off the docket sheet,
so I think that's accurate. A. Q. Okay. That sounds -- it sounds pretty right, pretty
close to right? A. Q. Sounds pretty right. All right. And it looks like that your attorneys
have filed multiple continuances of your sentencing from that period of time, and now your current sentencing is set for I think November 15th of this year, correct? A. Q. That's right. And the reason that your case kept getting
continued was so that you could cooperate with the government in this case, and then at that point in time in November, the government and the court will determine how much time to take off of your sentence as the result of your cooperation. A. Yeah. Is that a fair statement?
13:23:56 13:23:59 13:24:02 13:24:06 13:24:10 13:24:11 13:24:13 13:24:15 13:24:17 13:24:19 13:24:19 13:24:22 13:24:25 13:24:28 13:24:31 13:24:34 13:24:38 13:24:39 13:24:42 13:24:43 13:24:45 13:24:46 13:24:53 13:24:59 13:25:01
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Q.
Okay.
And your attorney, when he filed the
motion the last time, he even said that you -- the reason he asked for the continuance was because that you had to fulfill your obligations is what the motion says, correct? A. Q. I haven't seen the motion. Okay. I'm sorry, I assumed your attorney was
sending you those copies of those motions. A. recall. Q. Okay. All right. But in any event, the reason I didn't -- I don't think I seen it. I don't
that your sentencing has been continued is so that you could complete your cooperation in this case, and then have -- at the time of your sentencing have the judge make a determination how much you get cut off your sentence as a result of your cooperation? A. Q. Umm, yeah. Right? I mean, that's kind of the 5 K thing that
you're after, right? A. Right, that's what I was -- that's what I was
hoping for, yeah. Q. Okay. Did you -- did you cooperate in any other
cases besides this one to try to help you get your sentence reduced in that sentencing that's going to occur in November?
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A.
No, I talked about other -- other stuff, but this
is the only case, yeah. Q. Okay. So, you -- you talked, and I'm not going I'm not going to
to ask you about what you said, okay.
compromise you in that regard, but you went in and talked to some governmental agents on some other cases, but this -- this is the case that you're basically cooperating in exchange to reduce your sentence, correct? A. for. Q. All right. Now, when you first approached the They That's what I was -- that's what I was hoping
government about cooperating, you approached them. didn't approach you. A. Q. A. right. Yes. Okay. Would you agree with that?
And you did that through your attorney?
Yes, I think -- I think that's -- think that's I think I wrote a letter to -- to the
prosecutor, I think is what I did. Q. All right. But in any event, when you came and
gave your statement to the agents for the government, your attorney was present, I believe? A. Q. Yeah. Okay. Yeah, he was. All right. And you're basically
cooperating to try to help yourself to get your sentence
13:26:11 13:26:12 13:26:12 13:26:25 13:26:28 13:26:32 13:26:35 13:26:35 13:26:38 13:26:41 13:26:43 13:26:46 13:26:48 13:26:50 13:26:53 13:26:54 13:26:56 13:27:00 13:27:05 13:27:08 13:27:12 13:27:15 13:27:18 13:27:21 13:27:25
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knocked down. A. Q. Yeah. Okay.
Would you agree with that?
Now, you indicated that you testified, and
you asked -- at some point in time, you -- you asked to receive cash from Miss Neighbors, because you wanted to avoid the hassle of going to the bank? A. Q. Right. Okay. 'Cause if you had a check, you had to go
to a bank and show your ID and put your thumb print on the check, etcetera, correct? A. Umm, I don't think we had to -- we just went I don't remember if we had to
through the drive-thru.
put our thumb print on it or anything like that. Q. Okay. But didn't you have -- did you have to
show ID at the bank to cash it? A. Q. Right. And you were trying to avoid the hassle of having
to mess with checks, and that's why you asked Miss Neighbors to give you cash, correct? A. Umm, I asked her to give us cash to avoid the
hassle, yeah, to avoid the hassle of -- 'cause we used different ID's sometimes for the -- for the checks, and I didn't want to have to go through the bank with the false ID's and take the chance of, you know, something going wrong at the bank from my cash that was supposed
13:27:29 13:27:29 13:27:32 13:27:34 13:27:35 13:27:35 13:27:39 13:27:42 13:27:45 13:27:46 13:27:47 13:27:51 13:27:55 13:27:58 13:28:02 13:28:08 13:28:10 13:28:13 13:28:14 13:28:17 13:28:19 13:28:19 13:28:20 13:28:24 13:28:26
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to be mine. Q. Okay. But in terms of what you told her, you
just said, I want cash because I don't want to hassle with the bank, correct? A. Q. Right. Okay. Now, you indicated that -- that sometimes,
you would take property into the front door, and sometimes you would take property into the back of the store, correct? A. Q. Right. All right. And the times that you took the
property around back, in the back of that store, it's a relatively open parking lot. A. out. Would you agree with that?
No, it's -- it's -- it's a one way in, one way I mean, it's -- I wouldn't say it was, I mean, I don't know what you mean by open.
real -- real open. Q.
Well, it's not -- it's not otherwise closed to
the public, is it? A. Q. right? A. Q. Right. Okay. Mr. Bateson, honestly, I'm not trying to Okay? Just -- I'm just asking the No, anybody can pull into the parking lot. Sure. And even around back, anybody can pull in,
trick you. questions.
Some of these things might be inane, but I'm
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not trying to trick you. A.
Okay? I'm not trying to
Yeah, I'm just nervous.
confuse anything. Q. I know, I can tell you're nervous, and I'm not Okay?
trying to trick you. A. Q. Okay. All right.
Now, my understanding is that the
stuff that you took in to Carrie Neighbors was for the most part stuff that you had purchased through either stolen credit cards or stolen checks? A. Q. Right. Okay. And so, you would -- you would perpetrate
a crime or a fraud on the store by having a -- a credit card that was stolen or a check that was stolen, correct? A. Q. Right. But -- but as far as the transaction at the store
occurred, it occurred as if a totally legitimate sale? A. Q. Right. Except for the fact that you were using a stolen
credit card or a stolen check, right? A. Q. Right. Okay. Now, there was a period of time where you
sold Miss Neighbors used stuff? A. Right.
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Q.
And then you -- you moved to new stuff on your
own because you brought something in there new one time and you were just able to get more money for it? A. Q. A. Q. Right. I think is what you testified to, right? Right. Okay. And as you continued to bring new stuff
in, you would sometimes show Miss Neighbors the -- the receipts to -- to show her, hey, it's A, number one, I've bought it, and number two, I want to show you what I got for it so you don't cheat me on the -- on what you're paying for it, right? A. Q. A. Q. Yeah. I mean, that's the truth, right? Right. Okay. That's right. And then -- okay. You sometimes were
slick enough to -- to -- in the store to use a woman's credit card and a woman's like driver's license to -- to have stuff purchased? A. Q. On a couple occasions. Okay. And you do that by just putting your thumb
over the -- I guess the part of the woman's face or something when you showed the ID? A. Q. Right. Okay. So, when you brought the -- the receipts
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in to show Miss Neighbors, it would be pretty easy to kind of put your thumb over the bottom of the receipt where the person's name was and just say, hey, I bought this, and here's what I want, right? A. Q. You could. Okay. Now, you indicated there was only one time
that Miss Neighbors ever spoke to you about buying, De Walt tools, correct? A. Q. A. Q. Right. I think that's what your testimony was? Right. Okay. And you apparently brought that up, and
you said to her, would you like some more De Walt tools or something like that? A. I asked her if there was anything in particular
that she wanted me to get. Q. A. Q. Okay. To pick up. All right. And Miss Neighbors indicated to you
that De Walt's sell quickly and I like 'em, so would you please look for those, correct? A. Q. A. Q. Tool sets, yeah. Right, the De Walt tool sets, right? Yeah. Okay. Now, you -- you did fill out at least one
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of these -- of these forms -- these seller's forms that says on there the property's not stolen, correct? A. Q. A. Q. I filled out a few of 'em. So, you filled out a couple of 'em? Yeah. All right. Do you know how many totally that you
might have filled out of the seller's forms? A. Q. A. Q. Umm, maybe a total of three, I think. All right. Three or four. All right. Now, you never had a direct
conversation with Miss Neighbors where you said, this is stolen or she said this is stolen. statement? A. Q. That's correct. Okay. Now, sometimes Mrs. Neighbors' mom was Is that a correct
also there, is that right? A. Q. I believe that was her mom. Just an elderly lady that kind of helped her out
a little bit? A. Q. her? A. Q. Yeah. Would you please look around at -- Judge, I Yeah. Okay. Would you recognize that woman if you saw
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can't -- may I please move forward to see the number on the exhibit? THE COURT: BY MR. DUMA: Q. Thank you. Exhibit Number 131. And you're Yes.
pointing to this Lois Jackson? A. Q. Yes. Okay. And that's -- that's the woman that you
identified as the person you thought was Carrie's mom, and she was sometimes there with you? A. Q. Right. Okay. Now, I thought you testified on direct
that you never showed Miss Neighbors any identification. Is that a true statement? A. Q. I don't -- I don't recall. Okay. Is it possible that you showed Miss
Neighbors identification sometimes? A. It's a possibility. I don't -- I don't really
remember. Q. Okay. Let me ask this. Did you have a drug
problem back then? A. Q. A. Q. Yeah. Was it meth? Yeah. Okay. So, you were just -- you probably don't
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look -- let me start over. you did then. A. Q. A. Q. Yes.
You look different now than
Would you agree?
You probably strung out back then? Oh, yeah. Okay. And so, a lot of what you're talking about
happened three, four years ago, right? A. Q. A. Q. A. Q. Yes. Even further than that? Even further than that, yeah. Six and seven years ago, right? Right. And at the time you were using drugs, so some of
it's just hard to remember, correct? A. Q. I -- I remember -- I remember most of it. Okay. Well, the only reason I was asking about
the ID is, is that on Government's Exhibit 202.1, the seller's form that you said you signed, you put on there your social security number? A. Q. Okay, yeah. Okay. So, sometimes you showed her or gave Miss
Neighbors identification and sometimes you did not. Would that be a fair statement? A. Q. Yeah. Okay. I don't -- yeah. Mr. Bateson, thank you very much. I have
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no further questions. THE COURT: MS. PARKER: Any redirect? Yes, sir.
RE-DIRECT EXAMINATION BY MS. PARKER: Q. Mr. Bateson, I'm going to put back up this
Exhibit 202.1 that has a social security number on it. A. Q. A. Q. Right. All right. No, ma'am. And do you remember whether or not you had a Is that your social security number?
social security card with that number on it that you showed Mrs. Neighbors when you filled this out? A. Q. I don't recall. It's a possibility, though.
But if you showed her one, it would have been a
phony one? A. Q. Yeah. It wouldn't have been mine.
Do you ever remember showing her a social
security card in -- that's yours or anybody else's? A. I don't -- I've never really -- I don't think
I've ever had a social security card. Q. Now, you said that you were on meth and strung
out back then, correct? A. Q. Right. The things that you're testifying about here
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today, are those things you actually remember, or are you just making them up? A. Q. No, I remember them. All right. So, it's fair to say you may not
remember everything that happened, but you remember what you're talking about today? A. Yeah. I don't remember some little -- little But for the most part,
details, I guess we call 'em.
I'm pretty aware of what I was doing. Q. What did Mrs. Neighbors call you when you'd come What did she call you? Objection, asked and answered. I'm asking -- you asked
in to sell her stuff. MR. DUMA: MS. PARKER: about -MR. DUMA:
Judge, I -- I understand, but
this question has been asked and answered. MS. PARKER: MR. DUMA: answered, Your Honor. THE COURT: Come forward. No, not in this context. This question has been asked and
(Proceedings held at the bench, outside the hearing of open court.) MR. DUMA: Previously, counsel for the
government asked, did Miss Neighbors have a name that she called you by when you came in? He said no, not
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really.
It would be very curious after the break that
all of a sudden he remembered that she called him the wholesale man. MS. PARKER: not going there. No. No, no, no, no, no, no, we're All I want to say -- I'm not
asking -- I haven't talked to him, I haven't been anywhere near him over the lunch hour. MR. DUMA: But he's been in the courtroom
while that's been bandied about. MS. PARKER: I don't recall, but let me just
tell you where I'm going, if it's all right that I will lead him through this. But what I am looking for him
and what I'm expecting him to say is that she knew his true name, she knew him as Wes or Wesley Bateson. MR. DUMA: If you just ask that question, I
would have no objection. MS. PARKER: Yeah, I'll be happy to do it.
I just don't know what you're going to object to as leading and what you're not going to object to as leading. MR. DUMA: objection. (Proceedings continued in open court.) BY MS. PARKER: Q. When you went in to the store, did Mrs. Neighbors If you just ask that, I have no
13:38:09 13:38:15 13:38:16 13:38:18 13:38:18 13:38:21 13:38:25 13:38:30 13:38:33 13:38:33 13:38:43 13:38:46 13:38:50 13:38:53 13:38:53 13:38:54 13:38:57 13:38:59 13:39:00 13:39:00 13:39:10 13:39:16 13:39:19 13:39:19 13:39:21
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address you as Wes or Wesley or by your true name? A. Q. A. Q. She -- she did. All right. Yeah. When you asked her to write you checks in other So, she knew who you were?
people's names, what did she say? A. Q. A. Q. She -- she just -- she did it. Never asked you why? No. You were asked about the using the stolen credit I don't --
cards and using the stolen checks at the store, and about how the store was actually able to sell you stuff, and that was a legitimate sale in the sense that they got paid, correct? A. Q. Right. Did you have the permission of the owners of the
checks and the owners of the credit cards to use them in that manner? A. Q. No. You also testified that after a question from
Mr. Duma about how you voluntarily came forward and offered to provide information. A. Q. Right. And you said you wrote a letter to the Remember that?
prosecutor?
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A. Q. A. Q. A. Q.
Yeah. Who did you write that letter to? Terra Morehead. All right. No. All right. And who do you understand is going to But not to me?
make the decision on whether or not you get a lesser sentence? A. Q. (Shrugged.) The judge. I believe the judge probably would. That's right. What do you understand
will happen to your hope to get a lesser sentence if you're caught intentionally telling a lie or inflating your testimony here? A. I probably definitely wouldn't -- wouldn't get I -- probably perjury charge,
anything for that. probably. Q.
Now, one last series of questions.
You were
talking about that parking area behind the Yellow House store. A. Q. Right. If you were standing in front of the store,
you're standing at a main street, correct? A. Q. Right. All right. From that vantage point, from the
main street, or from that front parking lot, could you
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see what was going on behind the store? A. Q. lot? A. Q. Yeah. So, it was fenced. So, how many sides was it No. Were there any fences around that back parking
fenced on? A. Q. A. Q. Three. Three sides? Or no, two, and one was the store. All right. So, it was -- there was only one side
that was open? A. Q. right? A. Q. No. Did you have to drive behind other stores to get Right. You couldn't see that from the main street,
back there? A. yeah. Q. All right. Was that a more private place than Yeah, the store that it's attached to, there's --
the front of the store? A. Yeah. MS. PARKER: THE COURT: Thank you. Re-cross? Nothing further.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 seat. Crawford. testify? Your Honor.
MR. DUMA:
No further questions.
Thank you,
THE COURT:
Was the witness subpoenaed to
MS. PARKER: THE COURT:
He -- yeah -- yes, he was. Are you asking that he be
released from his subpoena? MS. PARKER: THE COURT: MR. DUMA: THE COURT: from your subpoena. from the courtroom. Yes, Your Honor. Any objection? No objections. At this time, you are released
At this time, you'll be excused The only thing that I'll ask is
that you not discuss your testimony, what you said in here, with anyone else as you leave. THE WITNESS: THE COURT: MR. OAKLEY: Yes, sir. Thank you. United States calls Marcus
THE COURT:
Before you sit down, if you'll
please raise your right hand. (Witness sworn.) THE WITNESS: THE COURT: Yes, sir. Thank you. Please take your If you would, as
Careful as you get in there.
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you give your answers to the questions you're asked, please speak up loud and clear and speak into the microphone. THE WITNESS: THE COURT: your name. THE WITNESS: THE COURT: THE WITNESS: THE COURT: Marcus Crawford. Please spell your name. M A R C U S. Thank you. C R A W F O R D. Okay. Yes, sir.
Have you start with you stating
Mr. Oakley.
MARCUS CRAWFORD, Called as a witness on behalf of the government, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MR. OAKLEY: Q. A. Q. Mr. Crawford, obviously you're in custody? Yes, sir. Sir, are you serving a federal -- excuse me, a
federal sentence? A. Q. of? A. Q. Intent to distribute crack cocaine. I'd like to talk to you about some of the other In 1980, were you Yes, sir. And what federal crime have you been convicted
crimes that you've been convicted of.
13:44:33 13:44:36 13:44:39 13:44:42 13:44:42 13:44:42 13:44:47 13:44:48 13:44:49 13:44:54 13:44:56 13:44:56 13:45:00 13:45:02 13:45:04 13:45:04 13:45:09 13:45:10 13:45:11 13:45:18 13:45:21 13:45:21 13:45:21 13:45:28 13:45:32
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convicted of four counts of residential burglary and felony theft, four counts residential burglary, three counts of felony theft in Sedgwick County District Court? A. Q. Yes, sir. And in 1980, were you also convicted of theft and
burglary in Sedgwick County? A. Q. Yes, sir. That same year, 1980, was there another
conviction for burglary and theft? A. Q. Yes, sir. And again in 1980, were you convicted of
burglary, theft, and assault of a law enforcement officer, again in Sedgwick County? A. Q. Yes, sir. In 1982, were you convicted of aggravated battery
in Sedgwick County? A. Q. Yes, sir. And in 1991, were you convicted of aggravated
burglary and aggravated battery, again in Sedgwick County? A. Q. Yes, sir. And in 1995, were you convicted of two counts of
battery against a law enforcement officer in Reno County District Court?
13:45:32 13:45:32 13:45:42 13:45:43 13:45:45 13:45:51 13:45:54 13:45:54 13:45:57 13:46:01 13:46:01 13:46:04 13:46:05 13:46:10 13:46:11 13:46:11 13:46:15 13:46:17 13:46:17 13:46:22 13:46:23 13:46:28 13:46:33 13:46:35 13:46:37
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A. Q.
Yes, sir. Sir, the sentence that you're currently serving,
how long of a sentence did you receive? A. Q. 92 months. And as part of that sentence, did you agree to
cooperate in another case that is not related to this? A. Q. Yes, sir. And that 92 months, is that the sentence that you
received after your cooperation? A. Q. A. Q. Yes, sir. And have you agreed to cooperate in this case? Yes, sir. Now, has anyone told you or promised you that
your sentence would be reduced? A. Q. No, sir. But are you hoping that by cooperating in this
case, that that may happen? A. Q. A. Q. Yes, sir. And no other promises have been made to you? No, sir. Sir, I'd like to talk to you about a period of Thinking back to that
time around the summer of 2005.
period of time, where were you living? A. Q. Lawrence, Kansas. And during that period of time, sir, were you
13:46:40 13:46:41 13:46:42 13:46:45 13:46:47 13:46:48 13:46:56 13:46:57 13:46:57 13:47:01 13:47:04 13:47:11 13:47:14 13:47:15 13:47:16 13:47:19 13:47:22 13:47:29 13:47:31 13:47:31 13:47:32 13:47:34 13:47:40 13:47:43 13:47:44
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using any drugs? A. Q. A. Q. A. Q. A. Q. Yes, sir. And what type of drugs were you using? Crack cocaine. When did you start using crack cocaine? About around July, July of '05. Of 2005? Yes, sir. And around that period of time, how much crack
were you using on a daily basis if you remember it? A. Q. Anywhere from a 16th to an 8-ball. And you say an 8-ball, is that slang for an 8th
of an ounce? A. Q. Yes, sir. And so, approximately how much would that cost
you on a daily basis to feed your crack habit? A. Q. time? A. Q. A. Q. A. Q. Off and on. What were you doing off and on? Driving a cab, working construction. Is that how you got the money to buy your crack? No. How did you get the money that you used to buy Anywhere from 100 to $300 a day. Now, were you employed during this period of
13:47:46 13:47:47 13:47:50 13:47:52 13:47:53 13:47:55 13:48:00 13:48:03 13:48:06 13:48:06 13:48:08 13:48:09 13:48:10 13:48:13 13:48:15 13:48:16 13:48:17 13:48:20 13:48:21 13:48:26 13:48:29 13:48:30 13:48:30 13:48:33 13:48:35
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
your crack? A. Q. A. Q. A. By acquiring hot items. When you say hot items, what do you mean? Stolen items. And how would you get these stolen items? I would get 'em -- sometimes I would steal 'em,
or I would get 'em from other people and take 'em to places and sell 'em, and get the money, and we'd buy dope. Q. Okay. Said that you would take 'em to places.
Where would you take 'em? A. Q. A. Q. A. Q. To Yellow House. And where's the Yellow House located? On Massachusetts, 19th. And is that in Lawrence, Kansas? Yes, sir. And when you took the stolen items to the -- to
the Yellow House, who would you sell it to? A. Q. today? A. Q. Yes, sir. Would you please identify her by telling us where Sell 'em to a woman named Carrie. Do you see that woman in the courtroom here
she's seated and describe what she's wearing? A. Seated over there. She has on a white and blue
13:48:39 13:48:39 13:48:45 13:48:45 13:48:45 13:48:48 13:48:51 13:48:53 13:48:58 13:49:01 13:49:04 13:49:06 13:49:12 13:49:16 13:49:18 13:49:20 13:49:21 13:49:24 13:49:24 13:49:28 13:49:30 13:49:32 13:49:36 13:49:40 13:49:41
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
outfit. Q. Was she the only person that you dealt with at
the Yellow House? A. Q. Yes, sir. Now, you said that you would deal in property What -- what types of property did you
that was stolen. deal with? A. Q.
What types of stolen property?
Bicycles, drum sets, guitars. Let me talk to you about the bicycles for a Where would you get the -- the bicycles?
little bit. A.
At first, I was getting 'em from friends that
didn't have ID, and I'd take 'em up there, and you know, trade 'em for -- get a check and then go cash it. Q. Okay. So, the friends that you were getting the
bicycles from, you said they didn't have ID? A. Q. A. Q. Yes, sir. And they would give you the bicycles to sell? Yeah. Now, did you need ID to -- to sell the bicycles,
or was there a reason -- another reason why they would give you the bicycles? A. I needed the ID -- they needed the ID to cash the She would
check, because she only would write checks. never give out cash. Q. Okay.
Did the defendant require ID when you sold
13:49:44 13:49:44 13:49:45 13:49:47 13:49:47 13:49:48 13:49:49 13:49:49 13:49:55 13:49:58 13:49:59 13:50:06 13:50:08 13:50:08 13:50:09 13:50:14 13:50:16 13:50:18 13:50:21 13:50:22 13:50:24 13:50:30 13:50:33 13:50:34 13:50:37
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the items? A. Q. that -A. Q. A. Q. Yeah. -- ID was needed? Yes, sir. You said that at first, you got the bicycles from Who else would you get the bicycles from, No, sir. It was -- so, it was just to cash the checks
other people.
or who did you get the bicycles from? A. Q. from? A. Q. A. Q. Stealing from KU campus. And you would sell those to the defendant? Yes, ma'am. Now, at some point, did you have a conversation A guy named Sly, and dude named Louie Galloway. Do you know where they were getting the bicycles
with the defendant concerning the types of bicycles that she wanted? A. Well, she didn't -- she didn't like those
Wal-Mart bicycles, those Mongooses, things like that. She just was preferring Trek bicycles. Q. A. How do you know that? Because every time when we brought something, she
didn't want 'em, but she always wanted Trek's.
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Q. A. Q.
And did she tell you that? Around about way, not -- directly, no. Now, you said initially, you would receive the At some point, did you
stolen bikes from other people. start stealing bicycles yourself? A. Q.
Yeah, as my habit escalated. When you talk about your habit, you mean your
drug habit? A. Q. A. Yes, sir. When you say escalated, what do you mean? At first, I was a little bit -- you know, I'd do
like a 20 or a 40 a day, but then when it got up to the hundred dollars plus, 'cause I had other mouths to feed. Q. Say 20 or 40, that's the amount of money you'd
have to spend for the crack? A. Q. Yes, sir. And so, first you started off small, but then it
got worse? A. Q. Yeah. You said as it got worse, you would start How did you do that?
stealing the bicycles. A. wanted. Q.
Go around town, find a bicycle that I thought she
You say you thought she wanted.
Who are you
referring to?
13:51:33 13:51:34 13:51:38 13:51:38 13:51:42 13:51:43 13:51:46 13:51:48 13:51:49 13:51:50 13:51:52 13:51:55 13:52:01 13:52:03 13:52:05 13:52:05 13:52:06 13:52:07 13:52:09 13:52:11 13:52:13 13:52:14 13:52:20 13:52:23 13:52:37
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 do?
A. Q.
Carrie Ann. And once you found those bicycles, what would you
A.
Bolt cut it, put it in the back of my truck and
take it up there. Q. When you took it up there, when you take these
bicycles in, did the defendant ever ask you where you got the bicycles from? A. Q. A. No, we would play a little game. What do you mean you'd play a little game? Like I would come in, and she'd look at me, and
I'll look back at her, and oh, I won it in a poker game. Q. You would tell her that you won the bicycle in a
poker game? A. Q. A. Q. A. Q. game? A. You know, to be frank, among criminals, you know, Yeah. How many times would you play that game? Whenever I came in. What did she say in response to that? Nothing. Why do you refer to that as you played a little
you just don't go in, say I got something, you know, stolen or whatever, you know. Q. It was just implied.
Were bicycles the only thing that you sold to the
13:52:40 13:52:40 13:52:41 13:52:43 13:52:43 13:52:46 13:52:49 13:52:52 13:52:53 13:52:58 13:53:00 13:53:02 13:53:04 13:53:04 13:53:06 13:53:09 13:53:11 13:53:15 13:53:16 13:53:18 13:53:19 13:53:23 13:53:26 13:53:28 13:53:32
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defendant? A. Q. No, sir. What other types of items would you sell to the
defendant? A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. Guitars, drums. Guitar and drums. Yes. Where would you get those? I got it from the guitar store. And was it used or was it new? I couldn't be sure. Okay. But you bought it from the guitar store? Were these used items?
Yes, sir. What guitar store? Downtown Lawrence. And how did you get the bicycle? You say that
you bought it. excuse me? A. Q. A.
What did you use to buy -- the guitar,
Hot check.
A hot check.
When you say a hot check, what do you mean? Like some of the guys that be doing dope come up
with check books and stuff, and I give 'em a 20 or 40 for it, and will write checks. Q. And so, you used a -- one of these hot checks to
buy a guitar?
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A. Q.
Yes, sir. I'm going to show you what's been admitted as --
into evidence as Government's Exhibit 178, and ask you, in that photograph, there appears to be a guitar case. Does that look familiar to you at all? A. Q. Yes, sir. Let me next show you Government's Exhibit 179,
which is a lady -- which has been admitted into evidence, and is a photograph of a lady holding the guitar along with the case. you as well? A. Q. That would appear to be it. Say it would appear to be it, what are you Does that look familiar to
referring to? A. Q. there. to? A. Q. check? A. Q. A. Q. Looks like it. You said you also sold a set of drums? Yes. Where did you get the drums? Yellow House. Is that the one that you bought with the hot The guitar that I took up there. That appears to be the guitar that you took up When you say up there, what are you referring
13:54:31 13:54:37 13:54:37 13:54:38 13:54:39 13:54:46 13:54:48 13:54:50 13:54:52 13:54:54 13:54:58 13:55:01 13:55:06 13:55:10 13:55:10 13:55:12 13:55:15 13:55:21 13:55:22 13:55:23 13:55:23 13:55:27 13:55:27 13:55:28 13:55:31
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A. Street. Q. A. Q.
From an apartment complex over on Michigan
Were those used drums? Yes, sir. You said that your crack use began in the summer Is that when you started selling to the
of 2005. defendant? A. Q. A.
Around about that time. When did you stop selling to the defendant? When I got -- well, no, I stopped selling
basically to her when she had -- one day, I came in there with a bicycle, and she was warning us that she was -- officers had been coming around asking about bicycles and stuff. Q. A. Do you remember when that was? I don't remember exactly. Around -- I believe it
was around late November or December or early December, around in there. Q. A. Q. Of 2005? Yeah. So, was it around the six-month period that you
were selling to the defendant? A. Q. Yes, sir. Now, let me back up to talk to you about You said that the
something that you just said.
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defendant warned you about police coming in asking about bicycles. A. What did she tell you?
She said that the people had came in asking
questions about stolen items. Q. A. Q. And she specifically mentioned bicycles? Yes, sir. And after she told you that, did that cause you
concern? A. I just didn't bring stuff no more. I went --
well, I went directly to the dude that was sending me over there. Q. Okay. The person that was sending you over there
with bicycles? A. Q. A. Yeah. Why did you go to him? Because you know, usually, he -- he wouldn't take
items, he just wanted money, for the dope. Q. Okay. I'm confused. She told you that she
wouldn't take bicycles anymore, and you went to another person. A. Q. A. Q. A. Who did you go to? Dude named Johnnie Williams. Okay. Who was Johnnie Williams?
My dope man. He was the man that was giving you dope? Yes.
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Q. A.
Okay.
What did he have to do with the bicycles?
Well, you know, he would buy stuff that, whatever
he didn't want, I take to her, 'cause he would buy stuff directly. Q. A. Q. Okay. Who would he buy those things from?
Me and everybody else in town. Would he -- would he give money in exchange for
those items or something else? A. Q. you? A. Q. A. Q. items? A. Q. Several things. What type of stuff did you get from your dope Yeah. And you would sell to the Yellow House? Yes. Now, were any of those items new in the box He would give drugs. And then some of those items, he would give to
supplier that you would sell to the defendant? A. Q. A. Q. A. Q. I believe a laptop. How did you know it was new in the box? Just 'cause we had stolen from Wal-Mart. Oh, you yourself had stolen the laptop? Yeah. We'll get to that in a second. You said that you
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sold bicycles and musical instruments, and now you're mentioning laptops. the defendant? A. Q. Yes, sir. And other than the computers, we've talked about You would sell electronic items to
those, what other types of electronic items would you sell? A. There was -- there was drums, guitars, bicycles.
That was basically the majority of the stuff. Q. Okay. Let me talk to you about the electronic
stuff, and specifically, let's talk about the computers. Where did you get those -- the computer? A. Q. A. Q. A. Some of the stuff was stolen. Did you only sell one computer? I believe so. Where did you steal the computer from? Well, I didn't steal it. My wife and her -- one
of our roommates stole it from a neighbor. Q. A. Q. A. Q. A. TV's. Okay. But it was a new computer?
Basically. Would you ever steal items from Wal-Mart? Yes, sir. What type of items did you steal from Wal-Mart? Uh, PSP's, Symphonic 15-inch flat screen color
13:58:34 13:58:37 13:58:38 13:58:38 13:58:40 13:58:40 13:58:43 13:58:46 13:58:49 13:58:49 13:58:52 13:58:56 13:59:00 13:59:01 13:59:03 13:59:05 13:59:10 13:59:10 13:59:11 13:59:13 13:59:14 13:59:14 13:59:17 13:59:17 13:59:20
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Q.
Let me talk to you about the PSP.
Is that a
handheld video game? A. Q. A. Q. A. Q. Yes, sir. And you said the flat screen televisions? Yeah. How would you get those items from Wal-Mart? Well, they had a lapse in their security. What do you mean by that, that they had a lapse
in their security? A. It went from regular Wal-Mart to a Super
Wal-Mart, and the back part, they didn't have eye in the skies and stuff, and you could basically just walk out the door with it. Q. Okay. Which Wal-Mart is this that you're
referring to went from regular to super? A. Q. A. Q. One on 33rd or 31st Street, I believe. There in Lawrence? Yes, sir. And you knew that they didn't have cameras back
in the electronics? A. Q. A. Q. Yes, sir. So, you just walk out the door with them? Basically. Were those items still new and in the box when
you took 'em out the door?
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A. Q.
Yes, sir. Would you go out the front door or was it a
different door that you'd go out? A. Q. It was out the -- the garden ware door. Okay. Once you took these -- these brand new
items out the garden ware door at Wal-Mart, what did you do with them? A. We'd store 'em and then take 'em where who ever
wanted 'em, take 'em to either Johnnie or her. Q. When you say her, you're referring to the
defendant? A. Q. Carrie Ann. Now, when you took the items, the new items to
her, did you tell her where you got 'em? A. Well, we bragging about it, she's laughing, so
she -- you know, evidently, she knew 1 1 1. Q. Okay. Let me back you up. You said you were
bragging about it. A.
What do you mean?
How -- how we walked out of the place with 'em
and stuff and wasn't nobody around. Q. A. Q. A. You said that in her presence? Yes, sir. How much would you receive for these new items? She look on the computer, and which I later found
out she was looking on eBay and finding out how much
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worth, and she would give us half. Q. A. Q. Half of what they were worth? Yes, sir. Was there any negotiating, or she just would give
you half? A. Q. A. Q. Basically, she just give us half. How did the defendant pay you? Majority of the time, she paid in checks. Okay. You said a majority of the time.
Sometimes would you receive cash? A. Very rarely, but she did at times, but it was
very rare. Q. Okay. I'm going to hand you a series of
documents that I've marked as Government's Exhibit 241.1. That appears to be a -- a photocopy of
some checks, is that correct? A. Q. Yes, sir. And sir, I'd ask you to look at the front page.
Do you see an item that has a copy of a check with your name on it? A. Q. A. Q. Yes, sir. And is that photocopy familiar to you? Yes, sir. Let me ask you to look at the remaining pages and
see if you see other copies of checks that appear to be
14:01:44 14:01:47 14:01:48 14:01:50 14:01:52 14:01:54 14:01:56 14:01:57 14:01:58 14:02:05 14:02:06 14:02:07 14:02:08 14:02:11 14:02:14 14:02:17 14:02:21 14:02:27 14:02:30 14:02:31 14:02:32 14:02:35 14:02:35 14:02:36 14:02:38
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
written in your name. A. Q. Yes, sir, I do. And are those copies of the checks that you
received from the defendant? A. Q. A. Some of 'em. I don't see all of 'em.
Those are some of the checks you received? Yes, sir. MR. OAKLEY: Your Honor, at this time I'd
offer Government's Exhibit 24-- excuse me, 241.1. THE COURT: MR. DUMA: THE COURT: Exhibit 241.1. BY MR. OAKLEY: Q. Now, you said that -- that you received checks, Any objection? No objections. At this time court admits
and let me direct your attention to the very first check, the very first page of that exhibit, and specifically, the second check that's written to Marcus Crawford. A. Q. check? A. Q. A. That's what I told her. Did you show her ID? No, sir. That's you?
Yes, sir. Now, how did she know in what name to write the
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Q.
Would -- she would write checks in the name that
you gave her? A. Q. Yes, sir. Did you ever give her a name that wasn't your own
and ask her to write a check in that name? A. I believe several times I did, but I don't I was using all kind of names, so --
remember. Q. A. Q. A. Q.
You don't specifically remember the names? No, sir. But you did give her names other than your own? I believe so. Okay. This first check, do you recall -- it says Do you recall that specific
down here for a bike. transaction? A. Q. A. Q. Vaguely.
Do you know what kind of bike that was for? A Trek. And it appears that there is a -- a -- on that Do you know where you
photocopy, there's a thumb print. cashed that check at? A. Q. Umm, I believe at Dillon's.
Were you required to put a thumb print on the
check when you cashed it? A. Q. Yes, sir. And there also appears to be some writing. Is
14:03:41 14:03:44 14:03:45 14:03:47 14:03:48 14:03:50 14:03:52 14:03:54 14:03:56 14:03:58 14:03:59 14:04:00 14:04:02 14:04:03 14:04:06 14:04:06 14:04:10 14:04:12 14:04:15 14:04:19 14:04:22 14:04:25 14:04:26 14:04:28 14:04:30
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that a driver's license, do you know? A. Q. Yes, sir. Is that your driver's license, or was that your
driver's license at the time? A. Q. Yes, sir. Yes, sir.
And did the defendant write that on there, or was
that written on there when you cashed it at Dillon's? A. Q. That's written on there at Dillon's. Other than Dillon's, would you ever cash these
checks at any other places? A. Q. A. Q. that? A. Q. A. A little convenience store called The Fast Lane. Okay. You refer to it as the Habib store, why? Yes, sir. Where else would you cash these checks? At the Habib store. The Habib store. What -- what kind of store is
Well, I don't mean to sound racist or anything. Just that that's what we called the Arabs. The person that worked at that convenience
I'm not. Q.
Okay.
store was Arab? A. Q. A. Q. Yeah. Okay. What was the true name of that store?
Fast Lane. Why did you go to The Fast Lane to cash checks?
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A.
One time when I didn't have no ID, she had
directed us over to the store saying that he would cash 'em for her. Q. A. Q. Who directed you to the store? Miss Carrie Ann did. And so, when you went to The Fast Lane to cash
these checks, were you required to show ID? A. Q. A. Q. you? A. Q. on it? A. Q. Yes. Is that a -- a check that you cashed at Dillon's Yep. And that one again appears to have a thumb print No, sir. Let me direct your attention to the second page. Yep. The check at the bottom, that's one written to
or another store? A. Q. Looks like Dillon's. That was -- was it -- that wasn't a check that
you cashed at The Fast Lane? A. Q. I don't believe so. Were you ever required to give a thumb print at
The Fast Lane -- Fast Lane in order to cash a check? A. Yeah.
14:05:32 14:05:34 14:05:35 14:05:37 14:05:39 14:05:43 14:05:45 14:05:46 14:05:48 14:05:48 14:05:52 14:05:53 14:05:54 14:05:56 14:05:57 14:05:58 14:06:06 14:06:09 14:06:10 14:06:11 14:06:34 14:06:38 14:06:43 14:06:44 14:06:47
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Q. A. Q.
At The Fast Lane, you were? Yeah, I believe so. I thought you said earlier that you went there
because you weren't required to show ID? A. No, like on my driver's license, I know that by
heart, so he would just let me write it up there on the check. Q. A. Q. Oh, at the -- at The Fast Lane? Yeah. Okay. Were you ever required to give a thumb
print at The Fast Lane? A. Q. I'm not for sure. Okay. But you didn't have to physically show the
ID to cash the check? A. Q. No. No.
Again, directing your attention to the third
check, again, that's the check written to you in the amount of $120? A. Q. Right. You mentioned you stopped selling bicycles after
the defendant mentioned that the police were in asking about bicycles. Did she tell you whether or not she
wasn't buying bicycles because of that? A. Q. She said she wasn't taking nothing at this time. You say at this time. What else, if anything,
14:06:51 14:06:52 14:06:55 14:06:57 14:07:01 14:07:01 14:07:04 14:07:06 14:07:08 14:07:11 14:07:16 14:07:24 14:07:26 14:07:27 14:07:38 14:07:39 14:07:39 14:07:39 14:07:41 14:07:55 14:07:57 14:08:01 14:08:04 14:08:04 14:08:04
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did she say? A. Basically said she wasn't taking no bicycles
right now until things cool down, that she would let us know if and when she was going to start taking 'em again. Q. Okay. So, she didn't tell you to stop bringing
'em in, just that she'd let you know when it was okay? A. Q. A. That's the perception I had received. And what gave you that -- that perception? Just, you know, the rapport that we had gotten
from bringing other items in and stuff. THE WITNESS: MR. OAKLEY: questions. THE COURT: MR. DUMA: Cross-examination? Thank you. Cold in here. Your Honor, I have no further
CROSS EXAMINATION BY MR. DUMA: Q. Mr. Crawford, you have been at CCA for quite some
time, is that correct? A. Q. while? A. Q. Yes, sir. All right. And you -- did you say your No, sir. Okay. I'm at Leavenworth.
Prior to that, were you at CCA for quite a
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sentence -- I couldn't hear what you said on your sentence, and apologize. sentence? A. Q. A. Q. 92 months. 92 months? Yes, sir. Okay. And you have cooperated in -- against What's your controlling
other people in other cases to try to get your sentence down? A. No, sir. I cooperated because my name -- my name And I came
came up on checks, so I got to answer to it.
up on a video buying some drugs from a dope dealer, so I got to answer to it. Q. Okay. That's -- the only two items.
Well, you're not here today because you're
a good citizen? A. I'm not here because I'm choir boy. I'm here to
tell the truth and that's it. Q. You're really here to try to get your prison Would you agree with that? I'm here to be truthful. But you
sentence cut down. A. Q. Not really.
You know, I want you to be truthful.
know what a con is, right? A. Q. A. Yes, sir. Because you live with a bunch of 'em, right? Right.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Q.
And cons sit around all day long trying to think Would you agree
about ways to get their sentences down. with that? A. Q. A. Sir, let me -Just answer my question. Yes. MR. OAKLEY: object. answer. MR. DUMA:
Your Honor, I'm going to
He's not giving the witness an opportunity to
It's a yes or no question.
I'm
trying to keep him from pontificating. THE WITNESS: MR. DUMA: But I got an explanation. Would you please
Just a second.
instruct this witness to listen to my question and just answer my question? I think that will make this easier. I'll do that, but also there's If he starts
THE COURT:
something to what the government said.
answering more than just one word, I need to know what it is he's answering before you can say he's not answering your question. point. But I'll do that at this
Please listen to the question. THE WITNESS: THE COURT: Yes, sir. Try to answer the question. If
the government believes they need to ask you any follow-up questions, they will.
14:09:45 14:09:46 14:09:49 14:09:50 14:09:53 14:09:58 14:09:58 14:10:04 14:10:07 14:10:09 14:10:12 14:10:13 14:10:14 14:10:26 14:10:29 14:10:30 14:10:30 14:10:35 14:10:38 14:10:39 14:10:42 14:10:45 14:10:47 14:10:49 14:10:56
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. DUMA: Q.
THE WITNESS:
Okay.
Thank you.
Now, wouldn't you agree with me that the people
that are up at the penitentiary spend a lot of time trying to figure out ways to get out of jail; yes or no? A. Q. Yes, sir. Thank you. And one of the ways that people talk
about when they're up there about reducing their sentences and getting out of jail is to cooperate with the government to get a 5 K to get their sentence reduced. A. Q. Yes or no?
Yes, sir. At the time this occurred, you were using quite a
bit of crack on a daily basis I think was your testimony, correct? A. Q. Yes, sir. All right. And would you agree with me that when
you do crack cocaine, it affects your ability to function normally? A. Q. Affects different people in different ways. Well, I'm asking specifically you. When you took
crack cocaine, didn't it make you be a person that is different than the person you are today? A. It heightened my senses about it. I'm no doctor,
so I'm only -- I can only speak on how it made me feel.
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Made me feel good. Q. Okay.
That was about it.
But you were stealing and using $0.99 on
the dollar of what you stole on crack cocaine, I think is what your testimony was, right? A. Q. Yes, sir. Okay. And so, if you weren't using crack
cocaine, you probably wouldn't take $0.99 of every dollar you had and use it on drugs, right? A. Q. Not all of it. Okay. And you said you had some children to
feed, too? A. Q. A. Q. A. Q. No, I said I had mouths to feed. Oh, mouths to feed. Were those mouths children? Groupies.
Other grown-ups that hung around. Okay. Yeah. All right. Groupies. Drug groupies?
Now, when you first went in to talk
to Officer Rantz, you told him that you had not stolen any of the items yourself, but instead had been given the items by other people? A. Q. A. Q. A. Yes, sir. Correct? Yes, sir, I did say that. And that -- was that the truth? No.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 me.
Q. A. Q. A.
You lied to Officer Rantz? At the time, I did. Okay. Because I could -- charges could be brought up on
Q.
Well, but -- but before that, Officer Rantz spent
quite a bit of time explaining to you that charges were not going to be brought upon you, didn't he? A. Yeah, at the end, I came clean, but at the
beginning, I did not. Q. Okay. So, you lied a little bit, you lied at the
beginning to Officer Rantz? A. lying. Q. Okay. Well, let me read the statement and tell It said, Didn't lie. I withheld. Withheld. That's not
me if this is what you remember, okay?
Mr. Crawford was quick to point out that he had not stolen the items himself, but instead had been given the items by other people who either owed him money or who wanted him to sell the items to Miss Neighbors because he had a good rapport with her? A. Q. A. Q. Right. You remember saying that? Yes, sir, I did. Now, that's not withholding, that's just saying I
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didn't steal the items? A. The items that they was questioning me about, I See, you're twisting it. I
did not steal. Q.
Well, let me -- let me read the question then. I think --
don't mean to twist it. A. Q. Okay.
I don't think I'm twisting it at all.
I think
you're just avoiding. A. Q. No. Okay. Let me read the entire question, okay? It
says, the reporting officer asked Mr. Crawford if he had ever taken any stolen items in to Yellow House to sell Mr. -- Miss Neighbors. Mr. Crawford stated that he had
sold several items to Miss Neighbors in the past that he knew was stolen. However, Mr. Crawford was quick to
point out that he had not stolen the items himself, but instead had given the items -- had been given the items by other people who either owed him money or who wanted him to sell the items to Miss Neighbors because he had a good rapport with her. A. Yes, sir, the stuff that I was being questioned
about by the officer. Q. Well, but the officer said ever taken any stolen He didn't -- he didn't narrow
items into Yellow House. it down.
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A. Q.
Well, I didn't recognize that, any. Okay. Okay. So, this is -- it's not because It's just because the
you're changing your story.
officer was kind of asking the question in a bad way. Is that the deal? A. I don't know if he was asking it in a bad way.
Probably I didn't understand at the time what he was meaning when any was put in there. Q. Well, okay. Now, did you tell the officer also
that Mrs. Neighbors never encouraged you to go out and steal items? A. I told him she didn't outright tell us to go get She didn't -- she didn't stop us either from
something.
bringing stuff. Q. I understand. My question -- I know -- I know
you're trying to help yourself. A. No, I'm not trying to help myself. I'm trying to
be truthful. MR. OAKLEY: Honor. THE COURT: BY MR. DUMA: Q. Did you specifically say that Miss Neighbors Yes or Sustained. I object as argumentative, Your
never encouraged him to go out and steal items? no?
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A. Q.
Yes. Thank you. Now, at one point in time, Miss
Neighbors told you that Trek bikes were easier to sell than Wal-Mart bikes, and that's why she wanted you to bring those in, correct? A. Q. Yes, sir. This guitar and drums -- or strike that. Well,
let's go back to the guitar and drums.
When you stole
the guitar and drums, you actually had credit cards and checks for those? A. Q. No. I had stolen checks for -You had stolen checks, and
That's what I meant.
purchased the credit cards -- guitar and drums with stolen checks? A. Q. Yes, sir. All right. And then you brought that purchased
property in to Miss Neighbors' store? A. Q. A. Correct. Was it new or used property? I -- the drums wasn't new. I don't -- the guitar
was I guess used. Q. All right. Now, you were -- you were going
through a lot of crack cocaine back then, right? A. Q. Yes, sir. And it was a long time ago, right?
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A. Q.
Yes, sir. Okay. I'm going to show you again Exhibit 179.
And you have absolutely no way of knowing if that particular guitar is something that you brought in to the Yellow House, do you? A. That guitar specifically, I do, because the girl
that was with me, she wanted that guitar, but we had to get drugs for it, because that's why we got it. that one I remember specifically. don't. Q. A. Okay. Because of the grain on it, because you know, we So,
The second one, I
messed with guitars all the time. Q. And what about this -- this guitar case, are you
telling this jury that you can say for sure that this particular guitar case, you brought into Yellow House? A. Q. No. Okay. Now, Miss Neighbors just wrote you checks,
correct, never gave out cash? A. She gave me cash on two occasions. There was low
numbers, like to go over next door, because I was low on gas, to go over next door to the Quik Shop to get gas. Q. So, when the -- when she was giving you cash,
that was just to try to help you out because you were down on your luck?
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A. Q.
Yes, sir. And you actually kind of became friendly with Would you agree with that?
Miss Neighbors. A. Q.
Yes, sir, I did. And you kind of used that friendly relationship
to get in close to her so that other people were stealing, would give you stuff, and then you would go in there and sell to her? A. I was turned on by other people that was all
ready stealing the stuff. Q. That's what I meant. That's what I -- other
people would steal the stuff, give it to you, and because you kind of knew Miss Neighbors and had become friendly with her, then you went in and sold it, right? A. Q. A. Q. A. No, because I had ID. You had ID? Yeah. Okay. And you -Most of the people that I
Some of 'em didn't.
dealt with was homeless people that didn't have ID's and stuff. Q. Now, you had to give the people at The Fast Lane
your driver's license number, correct? A. Yes, sometimes. Sometimes I didn't, because one
of these checks, I vaguely remember where he didn't even
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ask for no ID. she, a woman.
It was a -- it wasn't a he, it was a She reach up under the counter and
grabbed out a tobacco -- a cigar box and paid me out of it after they called and verified that she had wrote the check, Miss Carrie Ann. Q. Okay. But it looks like on three of the checks
anyway, that your driver's license number was on there. Would you agree with that? A. Q. Yes, sir. And you thought that sometimes, you had to put
your thumb print on the check at The Fast Lane and also the bank, correct? A. Q. A. I thought. Sure. Sure. I'm not for sure on --
Because mainly, Dillon's was the one that
required the -- the thumb print and the -- the number on -- the license number. Q. All right. Now, prior to today, did you have a
conversation with the government's agents about your testimony, what you were going to testify to? A. Q. Yes, sir. Did they ask -- did they tell you the questions
that they were going to ask you? A. Q. No, sir. They didn't go over with that -- they did not go
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over what they were going to question you about? A. No, they just asked me about what happened, and They told me to do one thing and one
told me one thing. thing only. Q. A. Q. A. Q.
To tell the truth? Yes, sir. You have a long criminal history, correct? Yes, sir. I'm no choir boy.
No choir boy, and you also have a long drug
addiction history, correct? A. No. I don't have no -- I didn't start using
drugs actually 'til I came to Lawrence, Kansas when I met my wife. Q. All right. But you had a drug addiction problem
during the period of time that you're testifying about? A. Q. Yes, sir. All right. And then you also have a pretty
serious mental illness history, don't you? A. No. I -- I got beat up where I sustained an I
upper orbital fracture and an occipital fracture. have plates in my head. Q.
But didn't you go to the El Dorado Correctional
Facility for mental illness? A. Q. El Dorado? No.
Are you denying that you went to -- that you
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were -- that you were -- well, let me -- how about Larned? A. no. Q. I apologize. I'm one witness in front. I Did you go to Larned for mental illness? No, sir, I've never been to Larned except for --
apologize.
Have you been sentenced on any state cases
previously prior to this time? A. Q. also? A. Q. Yes, sir. Okay. And how much longer do you have to serve What do you mean? Have you served time in state penitentiaries
in your -- on your federal case? A. Q. 37 months. Okay. Do you know when your sentencing is
scheduled for your federal case? A. Q. months? A. Q. Possibly. Okay. And it's been continued for the last No, sir. It's -- it's sometime in the next couple of
couple of years so you could cooperate in this case, and then they could take that into consideration? A. Q. Correction, I've all ready been sentenced. Okay. But you're hoping that a 5 K motion gets
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filed and that you get a reduction in your sentences? A. Q. It's possible. Sure. Anything's possible. No further questions. Any redirect?
Thank you. THE COURT:
RE-DIRECT EXAMINATION BY MR. OAKLEY: Q. You told Mr. Duma that the government told you to
do one thing, and that was to tell the truth? A. Q. truth? A. Q. A. Yes. What's that? Perjury. MR. OAKLEY: THE COURT: MR. DUMA: THE COURT: No further questions. Any re-cross? No re-cross. If there's nothing else of the Correct. Do you know what happens if you don't tell the
witness, was the witness subpoenaed to testify here? Was he subpoenaed? MR. OAKLEY: THE COURT: Yes. Yes, Your Honor.
Are you asking that he be
released from his subpoena? MR. OAKLEY: THE COURT: Yes, Your Honor. Any objection?
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 your name. get in.
MR. DUMA:
No. Uh-uh. Can I say one thing?
THE WITNESS: THE COURT:
I would just tell you right now You're
that you have been released from your subpoena. excused from the courtroom.
And at this time, I would
just tell you that you're not to disclose the testimony, what you said in here, with anyone else as you leave. THE WITNESS: THE COURT: MS. PARKER: Okay. Okay. Thank you.
Your Honor, as its next witness
the government will call Lewis Parsons. THE COURT: Before you sit down -- before
you sit down, need for you to raise your right hand. (Witness sworn.) THE WITNESS: THE COURT: I do. Take your seat. Careful as you
If you would, as you give your answers to the
questions you're asked, if you'll please speak up loud and clear and speak into the microphone. THE WITNESS: THE COURT: Okay. Have you start with you stating
THE WITNESS: THE COURT: THE WITNESS:
Lewis Parsons. Please spell your name. L E W I S. P A R S O N S, the
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
II. THE COURT: MS. PARKER: Thank you. Miss Parker.
LEWIS PARSONS, Called as a witness on behalf of the government, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MS. PARKER: Q. Mr. Parsons, you're here in an orange suit. Why
is that? A. Q. Because I'm in camp at Englewood, Colorado. And you're here because you have pled guilty to
some crimes that arose from your association with Yellow House? A. Q. Yes. That is not the only crime that you've been
convicted of, correct? A. Q. That's correct. Okay. Isn't it true that on August the 28th of
1998, you were convicted of the municipal offense of theft in the municipal court of Olathe, Kansas? A. Q. It is. Isn't it true that on July 3rd of 1999, you were
convicted again of the municipal offense of theft, this time in Overland Park, Kansas from the Overland Park
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Municipal Court? A. Q. It is. Is it true that on August the 7th, 1999, about
four days later, you were convicted of some equipment violations for your truck? A. Q. Yes. Isn't it true that on July the 3rd of 2000, you
were convicted of the misdemeanor offense of disorderly conduct in the municipal court of Olathe, Kansas? A. Q. It is. Isn't it true that on March 24th of -- I'm sorry,
on August the 7th of 2001, you were convicted of the misdemeanor offense of battery in Johnson County District Court there? A. Q. Yes. Isn't it true that on November the 30th of 2001,
you were convicted of the misdemeanor -- the municipal offense of theft in the municipal court of Olathe, Kansas? A. Q. It is. Isn't it true that on November 3rd, 2002, you
were convicted of the offense of attempting to remove a theft detection device in the District Court of Wyandotte County, Kansas? A. It is.
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Q.
Is it true that on December 12th of 2002, you
were convicted of the offense of stealing without consent by coercion or deceit in the -- in the Circuit Court of Jackson County, Missouri? A. Q. A. Q. Yes. And that was a felony offense? Yes. True that on January 3rd, 2003, you were
convicted of criminal trespass in the municipal court of Paola, Kansas? A. Q. Yes. Were you convicted on February 1st of 2000 -- I'm
sorry, on November 1st of 2003 of the offense of theft in Overland Park, Kansas at the municipal court there? A. Q. Yes, it is. On November 30th of 2003 -- I'm sorry, on January
27th of 2008, were you convicted of the offense of theft in the municipal court of Ottawa County, Kansas? A. Q. A. Q. A. Q. Franklin County. Oh, in Ottawa Kansas, in Franklin County? Yes. But it was the municipal court? Yes, it was. All right. And on March the 8th of 2009, were
you convicted of the misdemeanor of theft of property
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under a hundred thousand dollars again in the municipal court, this time in Topeka, Kansas? A. Q. A. Q. Yes. And were you on pretrial release at that time? Yes. And then finally, I think you've said you've been
convicted of the federal felony offense of conspiracy to commit wire fraud and money laundering arising from your conduct with the Yellow House? A. Q. case? A. Q. A. Q. A. Q. A. Q. Yes, I have. What was your sentence? 27 months. All right. Yes, I am. And you're here testifying today why? Well, I just want to try to right a wrong. All right. But there's more -- a little more to And you're serving that now? Yes, ma'am. All right. And have you been sentenced in that
it than that, correct? A. Yes, there's a chance I could get my sentence
reduced. Q. All right. And who's going to make that
decision?
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
A. Q.
I believe you are or the judge. All right. Do you know whether or not I have the
power to re-sentence you? A. Q. No, you don't. All right. So, who's going to make that
decision? A. Q. Be the judge. All right. And you have agreed to testify
truthfully? A. Q. A. Q. Yes, ma'am. That's what's required of you, correct? Yes, ma'am. I'm going to hand you what's been all ready Ask
received into evidence as Government's Exhibit 118.
you to take a look at that and see if you recognize that as a book of checks that you received when you sold things at the Yellow House? checks written to you? A. Q. Yes, they do. All right. And they have so been identified, so Those all appear to be
I'd like you to go back to the summary pages in the very first. A. Q. Do you see those summary pages? Right here? Yes. All right. I'm going to put the first page And do you see the dates and
of this summary page up.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
the check numbers and the memo sections there? A. Q. Yes, ma'am. All right. And we have the first page that's On the second page, do you see there
completely full. under amount? A. Q. Yes, I do. All right.
And what is the total amount of
checks that were written to you according to this? A. Q. $32,000, $32,494. All right. And that's the amount that you pled
guilty to, correct? A. Q. Yes, ma'am. Now, prior to -- well, how did you make a living
say in the late nineties, early 2000's? A. Well, I was driving a truck for Transom Trucking Plus I was marking down and
out of Olathe, Kansas.
getting De Walt tool sets from -Q. A. Q. Oh, go ahead. -- from places like Lowe's and Home Depot. When you say you were marking down tool sets,
what do you mean? A. Well, what I would do is, I don't know if one of
them tool sets over there has a UPC number on it or not, but I would take my pocket knife, and take the point of the blade, and I'd cut around the UPC number, the black
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
border, and I'd take the blade and I'd pull the UPC off, and then I'd go to -- like I say, De Walt corded tool set for 39, 49, $59, something like that, and I would do the same on it, and peel it off take a glue stick and put glue on the back of it, and I would stick it over where the original UPC would be, and then I would take -- yeah, like -- and I'd take it through -- like a Home Depot would have self-checkouts. I'd take it through a I'd
self-checkout and scan it, and it would ring up. pay for it and leave the store with it.
At Lowe's, I
would go through like a young girl working there or an older person. Usually, most of them people didn't care You know how
as long as they got a pay check, you know. that is. leave. Q.
And they just ring it up, I pay them, and
Let me show you what's all ready in evidence as
Government's Exhibit 228. A. Q. Yes. Now, I don't know that you ever sold a Guardian
dog collar. A. Q. A. Q. No, ma'am. But let me show you the end of this package. Uh-huh. Do you see here how there is the UPC code that's
actually printed on the box?
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A. Q. A.
Yes, ma'am. And then what's over that? Somebody stuck a sticker over it to cover up the
tag, which I've done that before, too. Q. All right. And so, when this was run through, it
would ring up the -A. Q. A. Q. Whatever was this cheaper price. Whatever's on top? Yes, ma'am. So, this would be the same type of scheme that
you used to get these tools from the -A. Q. A. Q. A. Basically, yes. -- hardware stores? Yes. And when did you start doing that? Oh, gosh. See, this is what, 2010? Been about
six years ago. Q. A. Q. All right. About 2004?
Something like that, yes, ma'am. All right. Now, after you got those tools out of
the store, what did you do with them? A. home. Q. All right. And after you took 'em home, did you Put 'em in the trunk of the car and take 'em
just keep 'em, did you stock pile 'em in your garage?
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A.
I didn't keep very many.
I keep maybe three,
four at a time. Q. A. All right. What would you do with it?
And then I would call Yellow House and ask her if
she would be interested in buying those. Q. A. Q. A. Q. Which Yellow House Store did you call? The one in Lawrence, Kansas. All right. And who did you speak to?
Carrie Neighbors. All right. Now, had you known Carrie Neighbors
before you started taking her the tools? A. Previously, from selling, I believe was a printer
and a police scanner previously, that was on the up and up. Q. All right. So, those were legitimate items that
you owned or you bought? A. Q. Yes, ma'am. And you had taken them to Carrie Neighbors. Do
you remember when that was? A. Yeah, if I remember right, it was -- seems to me
like it was around the first or middle part, something of '04. Q. I'm not real sure of the -All right. Let me direct your attention to the
screen here. A. Okay.
14:36:14 14:36:19 14:36:25 14:36:26 14:36:29 14:36:29 14:36:34 14:36:36 14:36:37 14:36:39 14:36:42 14:36:42 14:36:45 14:36:45 14:36:46 14:36:49 14:36:50 14:36:52 14:36:54 14:36:56 14:37:00 14:37:03 14:37:05 14:37:13 14:37:16
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Q.
And do you see on the screen the summary chart,
and this shows that at least by January 5th of 2004 -A. Q. A. Q. Yes. -- you received a check for $118? Yes. All right. The next entry there is a date of Do you see that?
April 13th of 2004. A. Q. Yes, I do.
And shows that you were the payee, and that you
took her a printer and a DSL? A. Q. about? A. Q. A. Q. Yes, they are. All right. And these were legitimate items? Yes. All right. Are those the items you're talking
Yes, they were. All right. Do you know what you sold her on that
first entry where it just says Lewis? A. I believe that was the police scanner. That was
a unit and 358. Q. And then on June the 7th of 2004, for the first
time we have an entry of tools? A. That would be 254 or 56-piece tool set that would
come from Home Depot. Q. How do you remember that all this time ago?
14:37:18 14:37:24 14:37:28 14:37:31 14:37:34 14:37:34 14:37:35 14:37:40 14:37:43 14:37:47 14:37:49 14:37:52 14:37:54 14:37:57 14:37:58 14:38:01 14:38:01 14:38:07 14:38:12 14:38:16 14:38:23 14:38:24 14:38:25 14:38:30 14:38:32
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A.
Because they were black chrome with gold I would get them for I think it was
lettering on 'em.
like $19 something, some odd cents. Q. A. Q. A. Q. Using that scheme you just described? Yes, ma'am. And how much were they worth retail? 200 -- $259, I believe. And if you had a job driving as a truck driver,
why did you steal to make extra money? A. Q. Make extra money. Did you have any kind of -- of a habit or a vice
you were trying to -A. Nope, I've never taken drugs. I've never even
smoked marijuana in my life. Q. A. Q. All right. Yes. All right. Now, this summary sheet goes on to You just doing it for the money?
show that for the most part, about everything you took in to Carrie Neighbors during this period of time, and this goes all the way down through November of 2005, were tools, correct? A. Q. Yes. At some point in time, did you and Carrie
Neighbors ever have a discussion about where you were getting those tools?
14:38:33 14:38:34 14:38:35 14:38:41 14:38:46 14:38:47 14:38:48 14:38:49 14:38:52 14:38:54 14:38:54 14:38:57 14:38:57 14:39:01 14:39:02 14:39:05 14:39:08 14:39:14 14:39:15 14:39:17 14:39:17 14:39:20 14:39:23 14:39:27 14:39:31
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A. Q. A.
Yes, we did. When was that? Oh, it was -- it was something like six months I
think after I started, she asked me if they were stolen. Q. A. Q. A. Q. A. Q. A. Q. And what did you say? I said yes. What did she say? She really didn't say nothing. Did she direct you to get out of the store? No. Did she refuse to buy your tools? No, she did not. Did the subject ever come up any other time while
you were selling to her? A. Q. A. Yeah, she had asked several other times and -When you say she had asked, what did she say? She just asked, sure, the tools are hot, you
know, where do they come from. Q. What did you say when she would make those
comments? A. Well, I told her about the stolen part. I said
once that they were, and I wasn't going to say it again, and as to where they come from, I would say that I'd be out for Transom and I'd go to a store that was going out of business, and I would go in and buy, you know, X
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number of tool sets for X number of dollars. Q. A. Q. So, you started making up things? Yes. All right. But she would ask you several other
times if they were stolen? A. Q. A. Q. A. Q. Yes. And your response was, I've all ready told you? Yes. So, you only repeated it the one time? Yes. When you took the items to Carrie Neighbors, was
it always expensive tool sets? A. Q. her? A. Q. She always wanted De Walt. When you say she always wanted that, how do you Yes, it was. Was there any one particular brand that you took
know she always wanted that? A. Q. please. A. Well, she wanted to know if I could get any more 'Cause that's what she asked for. Okay. Tell the jury about that discussion
De Walt tool sets, the cordless ones, 18 volt, and I said yeah, I could. I also got some six-piece De Walt
tool sets as well, and I believe I got one De Walt tool
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set that was a 36 volt, I think it was 34 or 36 volt, I can't remember which. She bought all the De Walt
cordless tool sets that I could bring in, and I brought in, oh, my God, I don't know, a bunch. Q. A. Q. A bunch.
Mr. Parsons, we're going to show you -That's one of 'em. My colleague is going to carry that for me. Can
you read the number on that -- on that evidence sticker? A. Q. Says Exhibit 166. Exhibit 166. All right. And you said that's the
one, or that's one? A. Q. A. Yes. All right. And how are you able to say that?
Well, for one thing, you can see where I cut
the -- the white sticker off showing what store it was mailed. Q. Let me turn this around so that as you're
describing that -A. Q. Yes. -- the jury can see it as well. MS. PARKER: come around? THE COURT: THE WITNESS: BY MS. PARKER: Yes. Okay. Your Honor, may he stand and
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Q. A. Q.
If you'll come around this way. Yeah. All right. Now, you were pointing at something.
What's that? A. All right. This is where the store would have a
sticker showing that it came from a certain Home Depot with the store number on it, and where it would be mailed from, trucked in by freight truck, semi truck. Q. So, that kind of information was readily apparent
from this sticker? A. Q. A. Yes. Yes, it was. And you removed that?
All right. Yes.
And you see where I took the point of my
knife blade and went around it right there and peeled it off. Q. A. Q. A. Q. Why did you do that? So they wouldn't identify it. Why did you care? I didn't want to get caught. All right. Now, there is a yellow sticky note Do you see that
that you probably can't see from there. on the top? A. Q. A. Yes, I do. Did you put that on there? No, I did not.
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Q. A.
Do you know what that is? That looks like a UPC number that used to be
right here. Q. A. Q. All right. No. All right. And is the UPC number different than But you don't know that?
the label you've just described? A. Q. A. Yes. How is it different? The UPC label has a bar code on there that they
scan that pulls up the price of the merchandise. Q. Doesn't necessarily identify the location that
the merchandise came from? A. Q. A. Q. No, it does not. It's just a price? Yes. All right. Thank you. Take your seat again.
Now, you may have said this and I just don't remember, but what stores were you stealing these tool sets from? A. Q. Sears? A. Q. No. All right. How much did Carrie Neighbors pay you From Home Depot and Lowe's. All right. Did you ever steal anything from
for these tool sets you were bringing in?
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A.
On the four-piece sets, I would get $300 apiece.
On the six-piece, I would get $400 apiece. Q. You know what the retail value of the -- of the
four-piece set was? A. Q. A. Q. $499. All right. Yes. All right. And on the six-piece set, do you know So, you got more than 50 percent?
what the retail value was? A. Q. A. Q. If I remember right, it was 799; 699 or 799. So, that might have been closer to half? Yeah. All right. Excuse me. And according to this
list, you were still selling items to Carrie Neighbors in November of 2005? A. Q. Yes. All right. Did you sell her anything in 2006, do
you remember? A. Q. I can't remember off-hand. Do you remember why you stopped selling things at
Yellow House? A. Yeah. She had called me and said the police had
raided her, served a search warrant on her store and they went through her house. Q. All right. And she just told you about that
14:44:44 14:44:46 14:44:46 14:44:51 14:44:53 14:44:53 14:44:55 14:44:58 14:44:59 14:45:00 14:45:01 14:45:05 14:45:06 14:45:11 14:45:12 14:45:16 14:45:22 14:45:25 14:45:26 14:45:28 14:45:30 14:45:31 14:45:33 14:45:34 14:45:36
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happening once? A. Q. Twice. All right. So, two different search warrants on
both the house and on the store? A. Q. Yes. All right. And after she said they'd been there
the second time, is that when you stopped selling? A. Q. A. Q. Yeah. All right. She had -How come you didn't stop selling to her the first
time she told you about it? A. I didn't really take it too seriously at the time
on the first time. Q. All right. Now, after you stopped selling to
Carrie Neighbors, did you sell to someone -- sell stolen items to someone you knew as Russ Williams? A. Q. Yes, I did. All right. Have you later found out that Russ
Williams was not that person's real name? A. Q. Yes. All right. And how many tool sets did you sell
to Russ Williams? A. You know, I can't remember off-hand. I believe
it was three.
14:45:37 14:45:39 14:45:39 14:45:43 14:45:46 14:45:48 14:45:50 14:45:53 14:45:54 14:45:58 14:45:59 14:46:00 14:46:02 14:46:06 14:46:09 14:46:13 14:46:15 14:46:19 14:46:22 14:46:25 14:46:27 14:46:29 14:46:36 14:46:40 14:46:45
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Q. A. Q.
All right. Yes. All right.
Were those stolen?
And after you sold those stolen tool
sets to Russ Williams, were -- the person you knew as Russ Williams, were you arrested? A. Q. tools? A. Q. A. Q. A. Yes, I sold him an AR 15. What's that? What, ma'am? What is an AR 15? It's a -- basically, a military assault rifle, a It's semi-automatic, not fully Sold The last time, yes, I was. All right. Did you sell him anything besides
civilian model. automatic. him that. Q.
There's no way you could convert it.
Now, before you sold tools to Russ Williams, did
you ever sell anything to Guy Neighbors? A. Q. Yes, I did. All right. One tool set. And you recall approximately when
that was? A. Oh, no, not right off-hand, I can't say exactly.
It was for 160 some dollars, I believe; 166 maybe. Q. And how are you able to remember with that kind
of detail?
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A. Q. A. Q.
Basically, I remember looking over notes. Oh, all right. Yes. All right. Let me show you a check from Checks?
Government's Exhibit 118; that the book of checks? A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. 165, yeah. All right. Yes. And it was dated August the 10th of 2005? Yes, it is. All right. Yes. And did you take the tools up to Guy? Yes, at the Lawrence store. All right. At the Lawrence store? And it's for $165? This is Check Number 1482?
Yes, I first took 'em to the store in Topeka. All right. And how did you happen to go to
Topeka when you apparently usually dealt with the Lawrence store? A. Well, Carrie wasn't in, and I know she said they
had a store in Topeka, so I thought I'd go to Topeka, and he didn't want to buy it right then until he said he talked to Carrie. Q. A. All right. So --
14:47:46 14:47:47 14:47:48 14:47:50 14:47:53 14:47:54 14:47:57 14:47:57 14:48:00 14:48:00 14:48:03 14:48:04 14:48:05 14:48:07 14:48:07 14:48:12 14:48:14 14:48:18 14:48:20 14:48:23 14:48:28 14:48:31 14:48:34 14:48:34 14:48:36
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Q. A. Q.
And so, did you take the tools home? Yes, I did. All right. And did you see Guy -- when was this
in relation to the date of this check, 8/10 of '05? When would you -A. The day after would have been the 11th, I went
back up to Lawrence. Q. A. Q. Now, wait a minute, the check is dated the 10th. Yes. You said he didn't buy the item the first time
you took it up to him in Topeka? A. Q. Right. So, you would have gotten the check after your
first visit? A. No. Yeah, beyond -- I went up on the 9th in
Topeka, and got paid on the 10th, yes, ma'am. Q. All right. How did you know to go and meet Guy
at the Lawrence store on the 10th? A. Well, he said he'd probably talk to Carrie that
night, and he would know something, and I took -- I took, oh, little -- little more than half of what I usually took for 'em 'cause I needed the money at the time. Q. A. All right. Okay. Let's take this a step at a time.
14:48:36 14:48:39 14:48:39 14:48:42 14:48:45 14:48:45 14:48:48 14:48:48 14:48:49 14:48:51 14:48:51 14:48:52 14:48:54 14:48:55 14:48:55 14:48:59 14:48:59 14:48:59 14:49:02 14:49:02 14:49:04 14:49:05 14:49:08 14:49:11 14:49:12
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Q. A. Q. A. Kansas. Q.
You take the tools back from Topeka? Yes. And then you went where the next day? I went up to Yellow House Store in Lawrence,
All right.
Did you have an appointment to meet
Guy on the 10th? A. Q. No. All right. Were you just going back to see if
somebody there would buy it? A. Q. with? A. Q. sale? A. Q. Yes. And you said he paid you less than what you With Guy. All right. And did you and he negotiate this Yes. Yes.
And when you got there, who did you have contact
usually got? A. Q. A. Q. A. Q. Yes, 'cause I needed the money. What did you need it for? I had a bill that I had to get paid. And so, you agreed to accept $165 from Guy? Yes, I did. All right. And what did you usually get from
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Carrie for a set like that? A. Q. A. Q. $300. All right. Yes, I did. All right. Any other dealings with Guy So, you took a big discount?
Neighbors? A. Q. No. When you had this transaction, when you conducted
this transaction with him, was Carrie anywhere around? A. Q. I don't remember. I really don't.
Now, you said that she told you about the search
warrants that had been conducted? A. Q. Yes. The searches that had been conducted at her
business and her home? A. Q. Yes. Did she give you any instructions during that
phone call? A. Yeah, she told me that if the police were to come She gave me her
down, that I was to call her attorney.
attorney's name and phone number, and I don't have it anymore, and tell her that they had been down, and you know, what they done, and so forth. Q. All right. Did she tell you why she wanted you
to call her attorney?
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A.
She thought it had to do with the police
harassment that she'd been saying that she's been getting. Q. All right. Now, the attorney's name that she
gave you was a woman's name, right? A. Q. A. Q. house? A. Q. Oh, yeah. Yeah. Yes, it was. It wasn't Mr. Duma's name? No, it was not. And did the police ever come to search your
And that was after you sold the gun and the tools
to Russ Williams? A. Q. Yes, it was. All right. Did you call the lawyer that Carrie
Neighbors told you to call? A. Q. A. Yes, I did. All right. Why?
Well, I didn't really -- I guess I didn't know
any better. Q. Okay. Now, after that phone call that you got,
did you ever sell anything to her again? A. Q. No, I did not. Okay. Did Carrie ever call you and ask you if
you had tools?
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A.
Yeah, she did.
There are a couple of times that
she had called the house and wanted to know if I had any more De Walt tool sets. Q. A. All right. What would you tell her?
Sometimes, I'd -- one time, I did have I think Another time, I told her I had to see about
one or two. getting some. Q.
All right.
And were you able then to get the
tools that she wanted? A. Q. Yes. Did she tell you specifically what kind of sets
she wanted or -A. Q. A. Q. A. Q. A. Q. She just wanted De Walt. Just De Walt. Yeah. All right. As long as they were cordless. How do you know she only wanted cordless? 'Cause she told me she wanted cordless. All right. Now, after the second -- after the So, any kind you could bring?
first search warrant, did she tell you about the first search warrant? A. Just that they went into the store and
confiscated some stuff, went to her house and searched it and I guess confiscated some stuff there.
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Q. A. Q.
All right. No. All right.
You didn't stop selling to her then?
And did she begin, though, to change Did she
the way that she'd conducted her transactions? have you sign something different? A. Q. A. Yes, she did. What did she have you sign?
I can't remember what it was called, but it was a
paper stating that what I was selling was not stolen and -Q. A. Q. A. Q. Was that -- did you sign some of those? I signed one. All right. And why did you only sign one?
Well, that's all I was ever given. And let me show you what has been received as
Government's Exhibit 191, and ask you, this is not one in your name, but does that look familiar? A. Q. Yeah. Yes, it does.
I'll put this up on the overhead because it is
all ready admitted into evidence. THE COURT: MS. PARKER: What is the exhibit number? This is Exhibit 191, and it's And
previously identified as a stack of seller's forms. this is the type of form that she had you sign once? THE WITNESS: Yes.
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BY MS. PARKER: Q. more? A. Q. No, I didn't. Is that because you wouldn't sign 'em or she All right. After that, did you have to sign any
didn't ask you? A. Q. A. I was never given any more. Did she tell you why she wanted you to sign that? Yeah, so that if the police came in and searched
again, she could show 'em that this was signed showing that the tools weren't stolen. Q. All right. Then you said that you stopped
selling to her after she told you about the second search warrant? A. Q. Yes. All right. Why did you stop then when you didn't
stop after the first one? A. Q. A. Q. Well, it kind of dawned on me the jig was up. Police were serious about looking at her? Yes. Yes. And then you then started to sell
All right.
your stolen tools to Russ? A. Q. here? To the undercover, yeah. All right. You recognize him in the courtroom
14:53:54 14:53:54 14:53:56 14:53:56 14:53:58 14:54:00 14:54:03 14:54:10 14:54:11 14:54:11 14:54:14 14:54:15 14:54:15 14:54:18 14:54:22 14:54:22 14:54:24 14:54:25 14:54:26 14:54:28 14:54:32 14:54:37 14:54:37 14:54:40 14:54:41
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A. Q. A. Q.
Yes, I do. All right. No. Did he look like that back there, that guy He didn't look like that at the time?
standing in the back, that dummy? A. Q. Yeah, similar to it, yeah. I should say mannequin. And then you were
arrested? A. Q. Yes. All right. After you were arrested, you were
interviewed? A. Q. Yes, I was. When you were interviewed, did you tell the
police the truth about your association with Carrie Neighbors? A. Q. A. Q. A. No, I did not. First two times? Yes, ma'am. What did you tell 'em that was a lie? I told 'em that I'd gotten the stuff from a The first two times, I did not.
fictitious person up on Front Street in the west bottoms. Q. So, you said you were buying it from some guy off
the street? A. Yes, ma'am.
14:54:41 14:54:41 14:54:42 14:54:44 14:54:45 14:54:49 14:54:57 14:55:00 14:55:05 14:55:10 14:55:14 14:55:14 14:55:16 14:55:17 14:55:20 14:55:22 14:55:23 14:55:26 14:55:26 14:55:27 14:55:34 14:55:37 14:55:41 14:55:44 14:55:48
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Q. A. Q.
That wasn't the truth? No, it wasn't. All right. Tell 'em anything else that wasn't
the truth? A. Oh, gosh, yeah, quite a little bit. That I'd go
up to Fly -- Flying J Truck Stop, or the -- oh, heck, QuikTrip on Front Street, and I would get on the CB radio and get hold of this fictitious guy's name, CB handle Midnight Gambler or Moonlight Midnight Gambler, I think, and then something about a Mexican -- the Mexican or something. Q. A. Q. So, you made -- you spun some tall tales? Yes, ma'am, I did. All right. And at some point, did you decide not
to tell any more lies? A. Q. Yes, ma'am. All right. And after that, have you been
truthful? A. Q. Yes, ma'am, I have. Now, the -- the Midnight Gambler, is that
anything that you've ever used that kind of a name? A. Yeah, it was a CB handle I used back when I first
started driving a truck back in 1969. Q. And when you started driving a truck back in
1969, how long did you drive that truck?
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A.
Oh, my God, well, I drove with my cousin, because He us-- was teaching me. I drove with
I was only 16.
him for, oh, at least a couple of years, 'cause back then, didn't have DOT, had the ICC, and they didn't check you, didn't mess with you like DOT does. Q. And from your years of driving a truck, do you
know that truck drivers can't take stuff off the back of their truck, get away with it for very long? A. Yeah. Well, now, if you go in to some warehouses
where I've taken loads of meat and a box is broken down, say its heavy weight has broken the corner of the box or whatever, they a lot of times will turn that box down and then you have to -Q. A. Meat, that's a food item? Yes, ma'am. They would turn that box down. Then
you'd have to call dispatch and tell dispatch that this box was turned down. Well, what they'll do is, they'll
call like IBP at the time which is now Tyson, and tell 'em they got a box that was rejected. Well, Tyson would
call around and try to find a buyer for that particular box of meat, and sometimes I'd drive 3,500 miles just to take one lousy load of, you know, 80-pound box of meat. And other times, if you just set on it and they'd say, well, tell the driver they'll sell it to him for 20 bucks. Well, if you set on it, and they'll just give it
14:57:16 14:57:17 14:57:22 14:57:26 14:57:26 14:57:27 14:57:28 14:57:28 14:57:30 14:57:39 14:57:41 14:57:43 14:57:44 14:57:46 14:57:50 14:57:52 14:57:55 14:57:58 14:58:00 14:58:54 14:58:55 14:58:57 14:59:00 14:59:03 14:59:03
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to you. Q. Did you ever know of any company or any trucking
line that would give somebody a box of De Walt tools because -A. Q. A. Q. A. No, ma'am. All right. No, ma'am. You're just talking about meat? Just meat, yeah. MS. PARKER: Thank you, Mr. Parsons. That's
all the questions I have for you right now. THE WITNESS: THE COURT: Okay. In -- I don't know about the
length of your cross exam, but I'm ready to take our afternoon recess, jury members. Please remember your
admonition, that no one's to talk to you about the case, and even among yourselves, you can't talk about the case. 10 to 15 minutes. Thank you.
(3:00 PM, jury left.) THE COURT: MS. PARKER: I did it again. Court stands in recess. Your Honor, one clarification, So, if
I forgot to put the exhibit in.
I may go back to that just for that only -- only that purpose. THE COURT: All right.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
(Whereupon court took a recess. then continued as follows: and jury returned.) THE COURT: MS. PARKER: BY MS. PARKER: Q. Please continue.
Proceedings
3:20 PM, court
Mr. Parsons, I indicated I was finished with my Would you
questions, but I did forget to do one thing.
look at that exhibit that's on the bench in front of you marked Government's Exhibit 5.1. A. Q. Yes. Going to the middle check there on that page, Do you see that?
Check Number 12238, do you recognize that as a check you received from Carrie Neighbors? A. Yes, I do. MS. PARKER: Your Honor, at this time
government offers Government's Exhibit Number 5.1. THE COURT: MR. DUMA: THE COURT: Any objection? No objection. At this time court admits
Exhibit 5 -- excuse me, 5.1. BY MS. PARKER: Q. And now Mr. Parsons, I'm displaying that check on This shows
the overhead so the jury can see it as well. that you received this check on what date?
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A. Q.
5/16 of '05. All right. And how much money was this check
written for? A. Q. A. Q. $1,040. All right. Yes, I do. In the memo section. Do you recall how many sets And it says tools. Do you see that?
of tools you would have had to have taken Carrie Neighbors to get a check for a thousand and $40? A. Well, there was a combination of the Husky Pro
tools and De Walt tool sets. Q. A. Q. And you would sometimes take in that combination? Yes, ma'am. All right. And would you typically get the
thousand and $40? A. Q. A. Q. Not always, no. All right. Yes. All right. What would determine whether or not But in this occasion, you did?
you got a thousand 40 dollars for these tools or another figure? A. Q. A. Q. Well, it would depend on how many I brought in. Oh, all right. How many I would bring in. Do you know how many sets of tools you would have
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
had to bring in for a thousand and $40, I guess is my question. A. Well, there was -- there's maybe three De Walt's
four-piece and a Husky 254-piece. Q. So, as many as four sets of tools would have to
be brought in to make this kind of money? A. Q. Yes. There's a thumb print on there. Where did that
come from? A. That came from the bank. That was required to
cash a check. Q. All right. Did you ever take these checks
anyplace but to the bank? A. Q. A. No, ma'am, I did not. And which bank did you take them to? Whichever bank she wrote 'em on. This one was
for Commerce, and there was another bank, I can't off the top of my -- Intrust, I believe. Q. All right. And then this driver's license number
across the top, did she write that on there? A. Q. A. Q. No, ma'am. All right. Yes. Thank you. Now I really don't have any more I did. Again, at the bank to cash the check?
questions.
15:20:51 15:20:52 15:20:53 15:20:53 15:20:56 15:21:01 15:21:04 15:21:06 15:21:06 15:21:11 15:21:16 15:21:19 15:21:21 15:21:21 15:21:24 15:21:24 15:21:26 15:21:28 15:21:31 15:21:32 15:21:34 15:21:35 15:21:38 15:21:38 15:21:43
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. DUMA: Q.
THE COURT: MR. DUMA:
Cross-examination? Thank you, Your Honor.
CROSS EXAMINATION
Mr. Parsons, to be -- to be clear, you're
cooperating today in a chance to get your prison sentence reduced. A. Q. Yes. All right. And you have got a really long Would you agree with that?
criminal record, so I suspect that you're not here because you're a good citizen, but because you want to serve less time in prison. statement? A. yes. Q. Okay. And we know you're a good citizen because Well, that, and I'm trying to be a good citizen, Would that be a fair
of your lifelong criminal conviction history? A. Well -- well, yeah, I mean, nobody's perfect.
I'm far from it. Q. A. Q. A. Q. I know they're not. I'm far from it. I appreciate that, sir. Yes. All right. And as a trucker, you knew about You were a trucker?
overstocks or -- or -- or property that would be placed
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
on the truck that you could get access to, correct? A. Yeah, but drivers usually didn't have ready
access to that stuff. Q. Okay. Now, when you've first talked to the
police about this case, you -- you gave three or four different statements. A. Q. A. Q. I gave two. Two statements? Two incorrect statements that were lies. All right. And let's go over those incorrect Would you agree with that?
statements, okay? A. Q. All right. On those incorrect statements, you told the
police that Carrie Neighbors didn't know a single thing about the property being stolen, correct? A. Q. Yes. And you told them that you were getting them from
some trucking place in the bottoms, is that right? A. I was getting 'em from truck stops and -- truck
stops and over the CB radio in the west bottoms. Q. A. Q. All right. And --
From different individuals. Okay. And you told the police that you were
getting that stuff legally from those people down there. They were kind of selling it off the side?
15:22:49 15:22:49 15:22:54 15:22:58 15:23:00 15:23:03 15:23:03 15:23:03 15:23:06 15:23:07 15:23:08 15:23:16 15:23:20 15:23:22 15:23:24 15:23:24 15:23:29 15:23:31 15:23:34 15:23:36 15:23:39 15:23:43 15:23:44 15:23:44 15:23:52
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
A. Q.
Yes, I did. Okay. So, you told the police that there was
this kind of story that there was overstock on these trucks, and these truckers would get it and then sell it to you, and then you would sell it to Miss Neighbors, correct? A. Q. Yes. All right. And you told them that in the first
two interviews, is that right? A. Q. Yes, it is. Okay. Now, do you remember telling Miss
Neighbors the very same story at any point in time, that -- that you got the stuff and it was overstock, and that's how were you getting that? A. Q. Yes, I do. Okay. And you also told that to Mrs. Neighbors'
mother, Lois Jackson, when she was there, correct? A. I could have. I could have very well. I don't
remember, but there's very well I could have. Q. Okay. Okay. So, that was kind of a con just
to -- just to explain that you were getting the stuff legitimately, correct? A. Q. Right. Now, Mr. Parsons, when you came in to see Miss
Neighbors, you came in there as -- as kind of the good
15:23:55 15:23:58 15:24:00 15:24:00 15:24:04 15:24:08 15:24:11 15:24:14 15:24:14 15:24:17 15:24:20 15:24:20 15:24:21 15:24:27 15:24:29 15:24:32 15:24:33 15:24:36 15:24:36 15:24:40 15:24:40 15:24:46 15:24:48 15:24:49 15:24:51
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
old boy family man that you're trying to portray yourself as today, correct? A. Q. Yes, I am. All right. Yeah. Well, I appreciate that. And as a
good old boy family man, you say that you knew that you were selling all this -- or stealing all this property and then selling it to Miss Neighbors, correct? A. Q. Yes. All right. And you had a wife and two children
that you would take in to Miss Neighbors' store with you, wouldn't you? A. Q. Yes. Okay. And that would -- I mean, if I was buying
something from you, and you brought in your wife and two children, that would make you look more legitimate. Would you agree with that? A. Q. A. family. Q. Okay. Well, interestingly enough, many of the I would suppose. Sure. Everywhere we -- everywhere we went, we went as a They just wanted to go along.
checks were written out to your wife and children in this case, weren't they? A. Q. Not children, child. Okay. Well, I apologize. Many of the checks
15:24:55 15:24:58 15:24:59 15:25:00 15:25:04 15:25:05 15:25:07 15:25:08 15:25:08
1 2 3 4 5 6 7 8 9 10 11 12 13 14
that Miss Neighbors wrote out were written out to your wife and to your child? A. Q. Yeah, my oldest son. Did you involve your family in this criminal
enterprise? A. Q. A. Q. Not intentionally. Well -Well, I did and I didn't. Let's walk back through it. (Whereupon the court reporter admonished counsel and the witness to speak one at a time.) BY MR. DUMA: Q. A. Q. A. Q. A. Q. Just listen to my question. Uh-huh. All right. Right. You knew it was stolen? Right. You had your one child and wife take that stolen So, you received the stuff, right? Okay?
15:25:16 15:25:19 15:25:19 15:25:20 15:25:21 15:25:25 15:25:28 15:25:28 15:25:33 15:25:35 15:25:36
15 16 17 18 19 20 21 22 23 24 25
property at the Yellow House and sell it? A. Q. Yeah. Right? So, you had involved them in your Would you agree with me?
criminal activity. A. Q.
Yes, I -- yes, I would. Well, that kind of makes you less than the
15:25:38 15:25:40 15:25:41 15:25:42 15:25:45 15:25:45 15:25:47 15:25:47 15:25:49 15:25:50 15:25:50 15:25:52 15:25:56 15:26:00 15:26:03 15:26:05 15:26:07 15:26:09 15:26:15 15:26:20 15:26:22 15:26:24 15:26:28 15:26:30 15:26:31
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
perfect family man that you're trying to portray yourself as here? A. Q. Well, hell, I never said I was perfect. Well, you're so far from it that I can't
believe -A. I agree. MS. PARKER: argumentative. THE COURT: BY MR. DUMA: Q. I apologize. I do apologize. It's late. I'm Sustained. Objection, Your Honor,
sorry for saying that.
But you would agree that as the
evidence has unfolded, with your long criminal history and with you using your wife and children to further your criminal activity, it just doesn't look like you were much of a family man, does it? A. Q. No, I suppose not in your point of view, no. Yeah. And on multiple occasions, and I counted
15 just in 2005, your wife and your child would -- would receive money from Miss Neighbors, correct? A. Q. I suppose. Okay. I don't know the exact number.
Well, I mean, there are -- it's on this So, I think it's 14, but
check ledger that we have.
that's an approximate number. A. Okay.
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Q. A. Q. they? A. Q. A. Q. A. Q.
You have no qualms with that, do you? No. Okay. They didn't know what you were doing, did
No. You conned your wife and your children, right? I suppose. Sure. No. All right. MR. DUMA: I don't have any further You didn't tell 'em the truth?
questions, Judge.
Thank you. Any redirect. Yes, Your Honor.
RE-DIRECT EXAMINATION BY MS. PARKER: Q. Now, when you went in to the Yellow House and you
were saying things like you were getting it off the back of the truck, why did you do that? A. Q. At first, to make it look legitimate. And how many times did you say that before you
had the discussion with Miss Neighbors where she asked if it was stolen and you said it was? A. Q. Maybe three, maybe four times. So, at some point in time fairly shortly into
15:27:36 15:27:39 15:27:41 15:27:41 15:27:42 15:27:44 15:27:45 15:27:46 15:27:47 15:27:49 15:27:51 15:27:51 15:27:52 15:27:53 15:27:55 15:27:56 15:27:57 15:27:58 15:27:59 15:28:00 15:28:01 15:28:03 15:28:05 15:28:06 15:28:09
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
your relationship with her and the tools, she just came right out and said, are these stolen? A. Q. A. Q. A. Q. A. Q. time? A. Q. A. Q. A. Q. A. Q. A. Q. A. She did. What did she say? She asked me if the tools were stolen. And what did you say? I said yes. Did she ask you again after that? Several times. Several times? Yes, ma'am. And you told her what? I told her once. MR. DUMA: objection. testimony. That was enough. Just a second, please. I have an Yes. And you said what? No. All right. Yes, I did. When was that? It was about six months in, I believe. All right. And who brought the subject up that Did you ever tell her that they were?
All this is, is a re-hash of the previous It's not in response to my
15:28:11 15:28:12 15:28:14 15:28:17 15:28:20 15:28:24 15:28:25 15:28:28 15:28:41 15:28:43 15:28:46 15:28:48 15:28:48 15:28:50 15:28:52 15:28:54 15:28:55 15:28:56 15:28:57 15:28:57 15:28:57 15:29:00 15:29:02 15:29:03 15:29:04
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
cross-examination. MS. PARKER: I believe it is. He
cross-examined him on the times he told her that the items were from the back of the truck. This is
clarifying the sequence of those statements. MR. DUMA: Every one of these questions has
been asked and answered, Your Honor. THE COURT: In light of the
cross-examination, court is going to give the government some leeway in regards to this follow-up line of questioning. BY MS. PARKER: Q. A. Q. A. So, she did continue to ask you whether or not -Yes, she did. Indicating she was assuming they were? Yes. MR. DUMA: question. THE COURT: BY MS. PARKER: Q. child. name? A. Q. Patricia Parsons. All right. And what's your son's name? Now, you were asked about your wife and your What was your wife's name? What is your wife's Sustained. Objection as to the leading Objection overruled.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
A. Q.
My oldest son is Clinton Wayne Parsons. All right. And is it your older son that you
would take into the Yellow House? A. Q. Yes. Sometimes -- or would he -- would he or your wife
always be with you when you had checks put in their names? A. Q. Not always, no. So, sometimes you just asked Carrie Neighbors to
put it in their name, and they weren't there? A. Q. Right. All right. You also mentioned that you and your
wife and your children went -- you -- you went everywhere together, and you went as a family. remember that? A. Q. Yes. When you were going to these stores and stealing Do you
these tools, did you take your wife and your son with you? A. Yes. My son. At that time, I had been hurt on
the job, and my back, I couldn't pick up anything very heavy, but I never told 'em what I was doing with the tools. Q. A. I just had 'em put 'em in the cart, and then -Would they go into the store with you? Yes.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Q. A. Q. A.
Would they see how you got the tools? No. How were you able to keep them from seeing that? I just told 'em I wanted to do something by
myself for a little bit, and I'd go off someplace, and then when they'd leave, I'd come back and go to the -the corded like grinders, drills, anything that was De Walt that was corded that was cheap, I would take the UPC off of 'em, put on those tools there. Q. So, if your wife or your child -- how old was
Clint at the time? A. Q. Oh, God. He's 25 now. Be about 19, 20.
If your wife or your son saw you leaving the
store with those tools, they would have seen you leave from a checkout stand, correct? A. Q. Yes. All right. Thank you. I have nothing further.
Any re-cross? Yes, I do, Your Honor.
RE-CROSS EXAMINATION BY MR. DUMA: Q. So, you actually had your son and your wife help
you carry that stuff out of the store that -A. myself. No, they didn't help me carry it. I took it out
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Q.
All right.
And they were just in the car waiting
for you? A. Q. Yeah, they were sitting outside. Okay. So, on -- it looks like on a bunch of
occasions, you would out of a store bring new in the box De Walt tool sets out, correct? A. Q. Right. And then they would see you put that into your
car, right? A. Well, my son would put it in the car because I
couldn't pick 'em up. Q. All right. All right. And then you guys would
go sell the stuff, correct? A. Q. Yeah, I -- I would. I'd see about selling 'em.
And just in 2005, it looks like this happened 30
or 40 times? A. Q. It could have. And you guys were always together, so do you
think your family suspected you were stealing, since you had new in the box stuff that came directly out of the store, and then you went right and sold it to somebody for half price? A. Q. A. Well, they never said anything to me about it. So, they didn't suspect you were stealing? Not to my knowledge, no.
15:32:20 15:32:23 15:32:23 15:32:24 15:32:25 15:32:27 15:32:29 15:32:30 15:32:31 15:32:31 15:32:33 15:32:34 15:32:38 15:32:39 15:32:40 15:32:41 15:32:42 15:32:44 15:32:48 15:32:49 15:33:12 15:33:14 15:34:11 15:34:16 15:34:17
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Q. right? A.
Because you were pulling the con off really well,
Yes. MR. DUMA: I don't have any further
questions. THE COURT: MS. PARKER: THE COURT: testify? MS. PARKER: THE COURT: He was -- yes, he was. Are you asking that he be Any further examination? No, Your Honor. Was the witness subpoenaed to
released from his subpoena, from the government? MS. PARKER: THE COURT: MR. DUMA: THE COURT: from your subpoena. You're free to go. Yes. Yes, sir.
Any objection? No objections. At this time, you are released
You are excused from the courtroom. At this time the only thing that I'd
ask is that you not discuss your testimony, what you said in here, with anyone else as you leave. MR. OAKLEY: Thank you.
Your Honor, as its next witness
the United States calls Michael Aldridge. THE COURT: Before you sit down, I need for
you to raise your right hand. (Witness sworn.)
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THE WITNESS: THE COURT: get in there.
Yes. Take your seat. Careful as you
If you would, as you give your answers to
the questions you're asked, if you'll please speak up loud and clear and speak into the microphone. THE WITNESS: THE COURT: stating your name. THE WITNESS: THE COURT: THE WITNESS: THE COURT: My name is Mike Aldridge. Please spell your name. M I K E. Thank you. A L D R I D G E. Mr. Oakley. Okay. I'll have you start with you
MIKE ALDRIDGE, Called as a witness on behalf of the government, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MR. OAKLEY: Q. A. Q. A. Q. A. Q. Mr. Aldridge, you're currently incarcerated? Yes. And where are you incarcerated at? I'm at CCA. And are you serving a state sentence? Yes. Prior to being transported -- let me back up.
Are you at CCA in your role as a witness in this case?
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A. Q. A. Q.
Right. So, you were brought from state custody to CCA? Yes. And what are you -- where are you incarcerated at
on the state charges? A. Q. Larned Correctional Facility. And what conviction are you serving at -- what's
the state conviction you are serving at Larned State Correctional Facility? A. Q. Burglary of an auto, theft and criminal threat. Okay. I'd like to talk to you about your You have convictions other than those
criminal history.
you've just described, correct? A. Q. Correct. In fact, were you convicted of two counts of
misdemeanor theft on May 28th, 2002 in Douglas County court? A. Q. Yes. Were you convicted on August 26th, 2003 of two
counts of misdemeanor theft in Lawrence? A. Q. Yes. Were you convicted on September 2nd, 2003 of one
count of misdemeanor theft? A. Q. Yes. And were you convicted the following day, on
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September 3rd of another count of misdemeanor theft? A. Q. Yes. Were you convicted about 20 days later of a third
count of misdemeanor theft on September 23rd, 2003, in Douglas County court? A. Q. Yes. And were you convicted on February 10th, 2004 of
two more counts of misdemeanor theft in Lawrence, Kansas? A. Q. Yes. And were you convicted April 11th, 2006 of a
misdemeanor obstruction of official duty? A. Q. Yes. Then you mentioned the theft and burglary. Were
those felony convictions in 2008 in Douglas County? A. Q. Yes. Then were you also convicted of possession of a
depressant, a felony conviction on October 28th, 1999 in Douglas County? A. Q. Yes. Sir, you said that you're serving a state At some point, did law enforcement officers
sentence.
talk to you about an investigation into a place -- a store called Yellow House? A. Yes.
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Q.
And did officers agree that if you talked to them
about Yellow House, that they would not use the information that you provided to bring new charges against you? A. Q. Right. Other than that promise not to bring new charges
against you, were you given any other promises? A. Q. No. Has any law enforcement officer helped you out
with any of your prior convictions or with the sentence that you're currently serving? A. Q. No. Sir, you said that you're incarcerated right now At some point during -- during your
at Larned.
incarceration, have you been diagnosed with mental health related illnesses? A. Q. A. Q. A. Q. A. Q. Yes. And what were you diagnosed with? Paranoid schizophrenic. Are you currently on medication for that illness? Yes. And do those medications help you? Yes. Are you able to -- to understand the questions
that I'm asking you?
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A. Q.
Yes. And as you sit here today, is your memory at all
affected by the medication that you're on? A. Q. No. Do you know an individual by the name of Carrie
Neighbors? A. Q. A. Q. Yes. And how do you know her? Through dealings with the Yellow House. And when you talk about dealings with the Yellow
House, these were dealings that you personally had? A. Q. House? A. Q. A. Q. A. Q. A. Q. A. Q. I would bring her stuff and she'd buy it. Was this the Yellow House Store in Lawrence? Right. Do you know someone by the name of Guy Neighbors? Yes. And how do you know him? From the Yellow House Store in Lawrence. Would -- did you ever deal with him? Yes. Who did you deal with most frequently, Carrie Right. And what were your dealings with the Yellow
Neighbors or Guy Neighbors?
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A. Q. A. Q. House? A.
Carrie Neighbors. Do you know how many times you dealt with Guy? No. When did you first begin dealing with Yellow
It's been a long time, probably about -- I It's been a long time.
couldn't even begin to guess. Q.
When you say a long time, has it been within the
last 10 years? A. Q. House. A. Q. That sounds about right. You said that you sold different items to Yellow What types of items would you sell? Computer monitors, drill sets. And where were you getting these items such as
the computer monitors or the drill sets? A. Q. A. Q. Where would I get 'em? Yes, sir. Or how would I get 'em? Well, let's start first with where. Where would
you typically get items like that? A. Q. From stores. What type of stores, and what were the names of
the stores where you would get them? A. Q. HyperMart and Office Depot. Now, would you buy these items that you would get
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at HyperMart and the Office Depot? A. Q. No. Let me talk to you a little bit about HyperMart.
Is that also referred to as Wal-Mart? A. Q. A. Q. A. Q. I don't think so. Where's that store located? On Wanamaker. And is that in Topeka? Topeka, yeah. Is that the -- the store that's just off of I-70
in Topeka off of Wanamaker? A. Q. Right. And at the time you were dealing with them, it
was called HyperMart? A. Q. Yeah. You said that you wouldn't buy these items. How
would you get 'em? A. Q. A. Q. A. Q. I would steal 'em. And typically, how would you do that? I would just go in the store and steal it. Okay. Walk out. Okay. You wouldn't attempt to hide them any way?
You would just walk out of the store? A. Sometimes I would attempt to hide 'em.
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Q.
And the times that you attempted to hide the
items you were stealing, how would you do that? A. Q. I would just put 'em in my jacket. So, you'd -- sometimes you would conceal 'em in
your jacket? A. Q. Yes. Other times, you would just walk out of the store
with them? A. Q. Right. Since you're getting them from the store, were
these -- these were new items? A. Q. A. Q. A. Q. A. Q. Right. And were they in a box typically? Yeah. What would you do with the items that you stole? Go sell 'em to Carrie. That's at the Yellow House Store? Right. Now, you mentioned that some of the items you Would you -- would you
took from HyperMart in Topeka.
sell to the Yellow House Store in Topeka, or did you always deal with the one in Lawrence? A. Q. I'd sometimes sell it in the one in Topeka. When you sold at the one in Topeka, who did you
deal with?
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A. Q.
Guy Neighbors. And the times that you dealt with the one in
Lawrence, the Yellow House Store, who did you deal with? A. Q. Carrie. Do you know how often you were selling items to
Yellow House? A. Q. A. Q. Daily. Every day? Yeah. And why would you need to sell items to Yellow
House Store daily? A. Q. Because I had a drug habit. And so, would you use the money that you got to
support that habit? A. Q. A. Q. Right. What kind of drug were you using at the time? Cocaine. Cocaine. Was it -- was it crack cocaine or
powder cocaine? A. Q. Crack cocaine. And in terms of cost, how much crack cocaine were
you using on a daily basis, and that -- let me rephrase that. How much would it cost you on a daily basis to
support your drug habit? A. Between 1 and $300 a day.
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Q.
You said that you would get the money for your
drug habit by selling the items you stole? A. Q. A. Q. Right. Did you have any legitimate jobs at the time? No. Let me talk to you about your -- your When you brought these
transactions with the defendant.
items in, did you attempt to conceal in any way the fact that they were new items? A. Q. No. Did the defendant ever ask you where you got
these items? A. Q. No. Did you ever tell the defendant where you got
these items? A. Q. No. At some point, did the defendant ever tell you
specific items that she wanted you to bring in? A. Q. She'd hint around to it sometimes. And what do you mean by that, that she would hint
around at it sometimes? A. Q. She said, I could use this or I could use that. When you say that she said, I could use this or I
could use that, would she then describe something specifically?
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A. Q. A. Q.
Yeah. And so, what did that mean to you? To go out and get it. And would you then go out and get the items that
she described? A. Q. I would try. And how would you obtain the items that she Would you get 'em legitimately?
described to you? A. Q. A. Q. A. Q. No.
How would you get them? I'd steal 'em. Did you ever sell the defendant any tools? Yeah. What types of tools did you sell to the
defendant? A. Q. De Walt power tools, cordless power tools. Did you ever -- were these tools that you sold
new and in the box? A. Q. Yeah. Did you ever attempt to sell the defendant a
brand other than De Walt such as Black & Decker? A. Q. I don't think so, no. At some point, did the defendant ever tell you
what types of tools she liked? A. I think she said she liked De Walt tools.
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Q.
And where were you getting the De Walt tools that
you would sell to the defendant? A. Q. A. Q. Home? A. Q. Yeah. And the Home Depot that you would sell those Home Depot. Anyplace other than Home Depot? Yeah, let me think. Orscheln's. Orscheln's.
Is the full name Orscheln's Farm and
items from, what city was that located in? A. Q. A. Q. Lawrence. And the Orscheln's, where was that located? In Lawrence. Let me talk to you, first of all, about the Home Can you
Depot when you would get the De Walt tools. describe how you did that? A. Q. A. Q. A. Q. A. Q. I would just walk out with 'em.
Similar to what you were doing at Wal-Mart? Right. And as far as Orscheln's, how did that work? Same way. You would just walk out with them? Right. Do you know how many times you provided new in
the box De Walt tools to the defendant?
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A. Q.
Quite a few times. You mentioned that one of the items that you
provided to the defendant was a computer monitor, is that correct? A. Q. Right. I'm going to hand you what's been marked as Sir, this is a -- a photocopy
Government's Exhibit 2.1.
of a series of checks, and I would direct your attention to the second check from the top. Would you take a look
at that and tell me if you're familiar with it? A. Q. Yeah, I'm familiar with it. Is that a copy of a check that was written to you
from the defendant? A. Yes. MR. OAKLEY: Your Honor, at this time I
would offer Government's Exhibit 2.1. THE COURT: MR. DUMA: THE COURT: Exhibit 2.1. BY MR. OAKLEY: Q. Mr. Aldridge, there's four other checks on there. Any objection? No objection. At this time court admits
But can we agree that none of those relate to transactions involving yourself? A. No.
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Q.
So, the one that we're concerned with is the
second check, is that fair? A. Q. Yes. And looking at the check, it appears this Is that
transaction occurred January 23rd, 2004. correct? A. Q. Yes.
And it appears that this is for a computer
monitor? A. Q. Right. Do you know where you received that computer
monitor that you sold to the defendant, which particular store? A. Q. No, not -- not which particular store. Do you remember stealing computer monitors from
different stores? A. Q. from? A. Q. Office Depot and HyperMart. So, both HyperMart and Office Depot were sources Yes. What stores would you get your computer monitors
of computer monitors for you? A. Q. Yes. And all the computer monitors that you stole from
those stores, did you sell to the defendant?
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A. Q.
Yes. When you would sell items to the defendant, were
you always paid by check? A. Q. A. Q. Sometimes I get cash. Other times, you would receive checks? Right. Did the defendant require you to provide any sort
of identification when you sold things to her? A. Q. A. Q. No. How did she know what name to write on the check? She just knew me from previous dealings. Would you have her always put the check in your
correct name? A. Q. A. Yes. Where would you cash the checks at? At the bank or at Dillon's or at a check cashing
place right down the street. Q. When you cashed the checks, would you be required
to show identification? A. Q. Yeah. So, on this check, it looks like there's some Do you
information that is blacked out at the top.
know, was that identification information such as a driver's license number or date of birth? A. It could be.
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Q.
And would the defendant require you to provide
that information, or was that put on the check when you cashed it? A. Q. When I cashed it. Next I'm going to hand you what's been marked as
Government's Exhibit 4.1, and I'll take 2.1 back from you. Do you recognize Government's Exhibit 4.1, at
least the very top check? A. It's kind of hard to see. I don't have any
glasses. Q. A.
I could see when it was on the monitor.
Umm -I can't really read it. MR. OAKLEY: Your Honor, I would offer
Government's Exhibit 4.1. THE COURT: MR. DUMA: THE COURT: Exhibit 4.1. MR. OAKLEY: BY MR. OAKLEY: Q. Sir, now that it's admitted, I'm going to go And I'll direct Thank you, Your Honor. Any objection? No objection, Your Honor. At this time court admits
ahead and put it on the screen for you.
your attention -- first of all, this is Government's Exhibit 4.1. check. I'll direct your attention to the first
Are you able to see that better now?
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A. Q.
Yeah. And let me zoom in a little bit more. Is that a
check that was written to you? A. Q. Yes. And can you read what that check was written for,
the memo line? A. Q. No, I can't read that. Okay. I'm going to show you the check that's Does that check appear to be written
right below that. to you? A. Q. A. Q. Yes.
And can you read what that check was written for? Says music something. Did you ever sell any type of music stuff to the
defendant? A. once. Q. A. Q. A. Q. A. Q. A. Do you remember where you got that? Yeah. Where did you get it at? Mass Street Music. Did you buy it legitimately or did you steal it? I stole it. And how did you steal it from Mass Street Music? Concealed it in my jacket. I think I sold an electronic drum kit to her
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Q.
And so, both those checks -- both of those copies
of the checks were checks that you received from the defendant for stolen items? A. Q. Right. At some point, do you recall selling binoculars
to the defendant? A. Q. check. I think I did. Let me direct your attention back to that first Let me zoom in. Now that I've zoomed in to
that, can you see it a little bit better? A. Q. A. word. Q. Okay. But you said that you -- you may have sold Yes. Can you see what that memo line says? I can't read it. I mean, it doesn't look like a
some binoculars to her? A. Q. binocs? A. Q. Yeah. And it appears that you received $70 on that Yeah. Could that be -- word be short for binoculars,
occasion? A. Q. A. Yeah. And that was on November 18th, 2004? Right.
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Q.
The binoculars that you received, do you remember
where you obtained those? A. Q. A. place. Q. A. Q. Yeah. Where did you obtain those binoculars? Trying to think of the place, the name of the Umm, I think it was Westlake Hardware. In Lawrence? Yeah. And did you obtain those legitimately, or are
those binoculars stolen? A. Q. They were stolen. And you sold -- do you remember how many pairs
you obtained? A. Q. A. Q. No. Was it more than one? Yeah. And did you sell all of those binoculars at the
same time? A. Q. Right. And this appears to be the check for those
binoculars? A. Q. Yeah. Typically, when you stole items, would you hold
on to them before selling them to the defendant, or did you do that quickly?
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A. Q.
I did it quickly. And so, if -- directing your attention back to Would
this check, this check was written on 11/18/2004.
you have stole -- excuse me, would you have stole those items about the same time that you sold them to the defendant? A. Q. Right. I'd like to show you something now that's all
ready been admitted into evidence, and it's been admitted as Government's Exhibit 228. And I don't know
if you're familiar with this particular item, but I want to direct your attention to the UPC code. Does it
appear to you that there's two -- actually two UPC codes on that particular item? A. Q. Yes. Are you familiar with a method of stealing items
that involves a scheme consistent with that? A. Q. A. Q. A. Q. Nieder? A. Yes. Yes. Have you ever done something like that? No, I never did it. Have you known others to do that? Yes. Do you know an individual by the name of Patrick
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Q. A.
And how do you know him? Just -- I don't know how I know him. I just --
I've known him for so long, I can't remember how we met. Q. A. Q. Are you friends with him? Yeah. And have you and Patrick Nieder ever stolen items
together? A. Q. Yeah. Have you and Mr. Nieder stolen items on more than
one occasion? A. Q. Yeah. Do you remember you and Mr. Nieder stealing some
items from Cabela's here in Kansas City? A. Q. A. Q. Yeah. What did you steal from Cabela's? I think it was a fish finder. A fish finder. What did you do with that fish
finder that you and Mr. Nieder stole from Cabela's here in Kansas City? A. Q. A. Q. A. Q. Took it to Carrie. At the Yellow House? Yeah. Was that the one in Lawrence? Right. Was that item new and in the box when you stole
15:55:40 15:55:41 15:55:42 15:55:44 15:55:45 15:55:48 15:55:48 15:55:51 15:55:52 15:55:58 15:56:01 15:56:02 15:56:02 15:56:05 15:56:07 15:56:08 15:56:12 15:56:13 15:56:21 15:56:22 15:56:23 15:56:26 15:56:27 15:56:29 15:56:31
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it? A. Q. A. Q. A. Q. No, it was out of the box. It was out of the box, but it was new? Yeah. Could you tell it was new just by looking at it? Yeah. How could you tell that it was new just by
looking at it? A. Q. Still had the cables wrapped in twistie ties. At some point, did you have a falling out with
the defendant? A. Q. Yes. And what -- how did that -- tell us about that How did that occur?
falling out. A. Q.
It was over a car. And tell us about this car. How did you and the
defendant have a falling out over this car? A. Q. A. Q. was? A. Q. It was an -- I think it was a Gremlin. Do you remember how much you agreed to buy it She thinks I still owed her money on it. You agreed to buy it from her? Yeah. Now, did -- do you remember what kind of car this
from, from the defendant?
15:56:32 15:56:34 15:56:35 15:56:36 15:56:39 15:56:39 15:56:41 15:56:44 15:56:46 15:56:46 15:56:50 15:56:51 15:56:56 15:56:57 15:56:59 15:57:02 15:57:03 15:57:03 15:57:06 15:57:06 15:57:06 15:57:09 15:57:10 15:57:10 15:57:20
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A. Q. A. Q. A. Q. A. Q. A. Q.
I think $800. I'm sorry? 800. $800. No. So, how would you pay for the car? I'd bring in merchandise. You would bring in merchandise to her? Yeah. And in exchange for the merchandise, how does Did she require you to pay money up front?
that relate to the car? A. She'd knock off what -- she'd knock off some of
the price. Q. Okay. So, the merchandise you brought in, the
money that you would have received would instead go to what you owed on the car? A. Q. that? A. Q. Yeah. And you said because she thought that you still Right. And so, at some point, you got into a fight over
owed her money? A. Q. Yeah. After she sold you this car, would she sometimes
give you money for gas for the car?
15:57:22 15:57:22 15:57:25 15:57:25 15:57:27 15:57:28 15:57:30 15:57:32 15:57:46 15:57:49 15:57:54 15:57:56 15:57:57 15:57:59 15:58:00 15:58:05 15:58:08 15:58:08 15:58:10 15:58:11 15:58:14 15:58:16 15:58:18 15:58:20 15:58:23
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A. Q. that? A. Q. A. Q. A. Q.
Yeah. Would you have to give her anything in return for
Yeah, I'd have to pay her back. And how would you pay it back? Through merchandise. By selling merchandise? (Nodded.) I think I asked you earlier about -- about Do you know
stealing things with Patrick Nieder. someone by the name of Bradley Byrne? A. Q. A. Q. Yeah.
Would you ever steal items with Bradley Byrne? Yes. And I asked you specifically about stealing an
item from Cabela's, and you said it was a fish finder? A. Q. Right. Do you remember, was that with Patrick Nieder or
with Bradley Byrne? A. Q. A. Q. Could have been with both. Would the three of you ever go out? No. So, you say it could have been with both. If the
three of you would never go out, how could it be with both?
15:58:23 15:58:26 15:58:29 15:58:31 15:58:32 15:58:33 15:58:36 15:58:39 15:58:42 15:58:43 15:58:46 15:58:49 15:58:51 15:58:52 15:58:55 15:58:58 15:58:59 15:59:05 15:59:08 15:59:09 15:59:10 15:59:14 15:59:17 15:59:23 15:59:24
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A.
I'd go, they'd drive me around.
Each one of 'em
had a car. Q. Okay.
I didn't have a car at the time. So, sometimes you would go with Bradley,
sometimes you would go with Patrick? A. Q. Right. I want to ask you specifically about the fish Was there only one
finder that you stole at Cabela's.
time when you stole a fish finder from Cabela's? A. Q. No, it was more than once. More than once? When you stole the fish finders Do you know how
from Cabela's -- well, let me back up.
many times you stole fish finders from Cabela's? A. Q. Five or six times. When you stole the fish finders from Cabela's, In other words, did you
were you always with someone? always have a partner? A. Q. Umm, yes.
Was it always the same partner or was it
sometimes different? A. Q. No, it was sometimes different. Okay. And so, you could have stolen -- when you
said with both, it was on separate occasions? A. Right. MR. OAKLEY: questions. Your Honor, I have no further
15:59:31 15:59:32 15:59:33 15:59:33 15:59:36 15:59:37 15:59:39 15:59:41 15:59:41 15:59:42 15:59:57 15:59:57 15:59:58 16:00:02 16:00:06 16:00:08 16:00:12 16:00:15 16:00:18 16:00:20 16:00:23 16:00:26 16:00:27 16:00:28 16:00:31
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. DUMA: Q. A. Q. okay? A. Q. right? A. Q.
Cross-examination? Thank you.
CROSS EXAMINATION
Mr. Aldridge, how are you? I'm good. All right. You look a little nervous. Are you
Yeah, I'm okay. All right. You sometimes stole with Mr. Nieder,
Right. All right. But you never went with him to Kansas
City to steal stuff, did you? A. Q. Yeah, I think I did. Okay. And at -- at some point in time when the
police first questioned you, they -- they questioned you about whether you and Patrick ever went to Kansas City to steal, and you said no, I never did that. just not true, right? A. I went with so many people so many times, it's That's
hard to remember. Q. Okay. But do you remember telling the police
that I never went with Patrick to Kansas City to steal? A. Yeah, I remember that.
16:00:32 16:00:37 16:00:41 16:00:43 16:00:43 16:00:47 16:00:49 16:00:50 16:00:51 16:00:56 16:00:59 16:01:00 16:01:04 16:01:08 16:01:10 16:01:11 16:01:16 16:01:17 16:01:17 16:01:21 16:01:24 16:01:25 16:01:27 16:01:40 16:01:42
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Q.
Okay.
And that was the truth, right?
I'm not
trying to trick you, I promise. truth in your statement, right? A. Q. Yes. Okay.
You told the police the
And when you told the police that you
didn't go to Kansas City with Patrick to steal, that was the truth, right? A. Q. Right. Okay. Now, some stuff that you sold to Carrie
Neighbors, it wasn't stolen, was it? A. Q. Yeah, all of it was. Okay. Well, one of the things you sold her was
two -- according to the list here, two gas ranges. Okay? A. Q. washer? A. Q. No. Okay. If I showed you a check that she wrote to Do you remember selling her that? Huh-uh. All right. Do you remember selling her a GE
you for a washer or some ranges, would that help you at all? A. Q. I don't -- I don't know. All right. MR. DUMA: Judge, this exhibit has been It might.
admitted previously as -- and I don't know what the
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
number is -- 118 -- 120. BY MR. DUMA: Q. This is one of the checks from Exhibit 120, and What do I need to push? Oh,
I'm off line for a second. thank you. All right.
Mr. Aldridge, do you see this
check, looks like it was written to you on January 14th or 13th, 2004? A. Q. I can't read it. It's too small.
I'll try to get it a little bigger, and if not,
I'll bring it up to you, and I'll give you my glasses. Can you see it now? A. Q. Yeah, I can see it a little better. All right. And looks like it was written to you
on January 13th, 2004? A. Q. Yes. All right. It looks like down there at the
bottom, it says GE washer is what you sold to Miss Neighbors? A. Q. Yeah, that's what it says. All right. Do you remember selling Miss
Neighbors a GE washer? A. Q. A. Q. No. For $50? No. Okay. But it's possible that you did, right? You don't remember that?
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
A. Q.
I think I'd remember. Yeah, I would think so, too, but you don't
remember that? A. Q. No. Okay. Well then, let's go to the check just a
couple of checks down on the exhibit, and can you see that? A. Q. A. Q. A. Q. A. Q. A. Q. A. checks. Q. A. Q. Okay. What it was. Let me ask this. Before you came in here today, Yes. That says to Mike Aldridge for $150, right? Right. And it's for two gas ranges, right? Right. And did you sell that to Guy Neighbors? No. Okay. You don't remember that either?
(Shook head from side to side.) All right. Sometimes they'd put different things on the
did you go over your testimony with the government, kind of what they were going to ask you and what you were going to respond?
16:03:56 16:03:58 16:04:00 16:04:02 16:04:03 16:04:03 16:04:06 16:04:09 16:04:12 16:04:13 16:04:17 16:04:21 16:04:23 16:04:28 16:04:31 16:04:32 16:04:36 16:04:39 16:04:40 16:04:40 16:04:44 16:04:47 16:04:51 16:04:51 16:04:51
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
A. Q.
Umm, yeah. They kind of talked to you about what they
wanted, or what they were going to ask you and what you were going to say, right? A. Q. Right. All right. And if they wouldn't have done that,
you wouldn't have been able to remember all that stuff that you testified about, would you? A. Q. Yeah, that stuff, I would have. Okay. Well, can you explain to the jury why you
can remember some of it, but not others of it? A. Q. It was just so much stuff. Oh, okay. Okay. Now, you also said that you
sold a lot of De Walt tools to Miss Neighbors? A. Q. Right. Okay. And for the most part, when she would
write you a check, she would write on the check what was -- what it was for, correct? A. Q. Right. All right. And so, you sold her -- you sold her
the -- I think the first thing you remember selling her, I thought, was like a computer monitor or something, is that right? A. Q. Say that again. Was the first thing you -- or one of the things
16:04:53 16:04:55 16:04:56 16:04:56 16:04:59 16:05:01 16:05:01 16:05:04 16:05:08 16:05:09 16:05:09 16:05:13 16:05:16 16:05:16 16:05:17 16:05:23 16:05:28 16:05:30 16:05:41 16:05:46 16:05:50 16:05:50 16:05:52 16:05:55 16:05:58
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
you remember selling her was a computer monitor, correct? A. Q. Right. All right. And that was in 2004, according to
the check that we looked at, right? A. Q. Right. Okay. And on that check, it said how much she
paid you and that there was a computer monitor that she sold to you, correct? A. Q. Correct. All right. So, during the year 2004, you would
have sold her a bunch of De Walt tool sets from your memory, correct? A. Q. Right. All right. Again, though, and I know this is
tough, okay, but again, when you go through the list of all the checks the government found in your name for 2004, and they have listed out what was written on the check that was -- that you bought, not a single check in the entire year of 2004 says tools or De Walt tools on it? A. Q. Sometimes I'd get cash. Okay. But I'm -- I'm just talking about what it Is it possible that
says what you actually bought.
maybe you're confused about some of this stuff?
16:06:04 16:06:05 16:06:10 16:06:11 16:06:11 16:06:14 16:06:17 16:06:17 16:06:19 16:06:22 16:06:23 16:06:23 16:06:27 16:06:30 16:06:34 16:06:36 16:06:37 16:06:39 16:06:40 16:06:41 16:06:43 16:06:44 16:06:47 16:06:49 16:06:49
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
A. Q.
I could be a little bit. Sure. You at the time had a pretty serious drug
addiction, right? A. Q. Right. Okay. And you've -- you've been diagnosed as
being paranoid schizophrenic? A. Q. Right. And that's why you're at Larned and not in a
regular prison because Larned's where you kind of get help, right? A. Q. Right. All right. And sometimes, and I'm not going to
go into this very much, and I swear to you, I'm not trying to make fun of you, okay, but sometimes, when you were sick, you would hear voices, right? A. Q. Yes. All right. And sometimes, you would see things
that weren't there? A. Q. Sometimes. All right. MR. DUMA: questions. Thank you. THE COURT: MR. OAKLEY: Redirect? Thank you, Your Honor. Judge, I don't have any further
RE-DIRECT EXAMINATION
16:06:49 16:06:50 16:06:53 16:06:56 16:07:00 16:07:03 16:07:06 16:07:08 16:07:11 16:07:12 16:07:15 16:07:17 16:07:17 16:07:30 16:07:35 16:07:37 16:07:39 16:07:43 16:07:45 16:07:46 16:07:49 16:07:53 16:07:55 16:07:58 16:08:00
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
BY MR. OAKLEY: Q. I'd like to go over some of the checks that And he asked you about The checks that he
defense counsel showed you.
dealing with Carrie Neighbors.
specifically showed you, do you know whether that's Carrie Neighbors' signature or Guy Neighbors' signature? A. Q. I don't know who that is. Let me show you the other one. Do you know whose
signature that is? A. Q. A. Q. Yeah, that looks like Guy's signature. This one, you don't know whose signature that is? No. This is another check written to you that's Do you know
contained in Government's Exhibit 120. whose signature that is? A. Q. Looks like Carrie's signature. All right.
It's -- get it back in focus.
I'm
sorry, whose signature is that? A. Q. It looks like Carrie's. Now, let me ask you this. The items that you
stole, did you always bring them in to Carrie, or did you ever have somebody else bring them in for you? A. Q. Sometimes I -- I have other people bring them in. Who else would bring items in to the defendant
for you?
16:08:01 16:08:02 16:08:03 16:08:03 16:08:04 16:08:05 16:08:13 16:08:20 16:08:24 16:08:26 16:08:26 16:08:30 16:08:32 16:08:33 16:08:40 16:08:40 16:08:43 16:08:43 16:08:46 16:08:46 16:08:52 16:08:53 16:09:00 16:09:01 16:09:04
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
A. Q. A. Q. A. Q.
Brad Byrne. Brad Byrne? Yeah. Anyone else? Norma Payne. Norma Payne. Defense attorney asked you about Did anyone from the
sitting down with the government.
government, myself, Miss Parker, or any of the other agents ever tell you what to say? A. Q. No. The words that you're saying here today, are they
our words or are they your words? A. Q. A. Q. A. Q. A. Q. A. Q. They're my words. You've heard voices in the past? Right. Are you hearing voices today? No. Does the medication help with that? Yes. Do you -- you talked about your drug use? Right. Is your mental health illness the cause of your
drug use? A. Q. No, I think it was the other way around. The other way around, your mental health illness
16:09:07 16:09:10 16:09:11 16:09:15 16:09:17 16:09:17 16:09:20 16:09:21 16:09:24 16:09:26 16:09:28 16:09:29 16:09:47 16:09:48 16:09:48 16:09:50 16:09:52 16:09:52 16:09:53 16:09:54 16:09:55 16:09:56 16:09:58 16:09:59 16:09:59
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
helped you get into drugs? A. Q. A. No. Did I say that right? Why don't you tell me?
I think the drug addiction caused my mental
illness. Q. A. Q. A. Q. The drug addiction caused your mental illness? I think so. And how did you support your drug addiction? By stealing. And the items that you stole, what did you do
with them? A. I sold them to Yellow House. MR. OAKLEY: Honor. THE COURT: MR. DUMA: Honor. THE COURT: testify? MR. OAKLEY: THE COURT: Yes, Your Honor. Are you asking that he be Was the witnesses subpoenaed to Any -- any re-cross? No re-cross, thank you, Your I have nothing further, Your
released from his subpoena? MR. OAKLEY: THE COURT: MR. DUMA: Yes, Your Honor. Any objection? No objection.
16:10:00 16:10:02 16:10:03 16:10:06 16:10:07 16:10:08 16:10:09 16:10:13 16:10:18 16:10:21 16:10:24 16:10:26 16:10:30 16:10:34 16:10:38 16:10:41 16:10:44 16:10:46 16:10:49 16:10:53 16:10:57 16:11:00 16:11:04 16:11:07 16:11:11
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
THE COURT:
At this time, you are released
from your subpoena, which means you're excused from the courtroom. As you leave, I would tell you not to
discuss your testimony, what you said in here, with anyone else. THE WITNESS: THE COURT: MS. PARKER: Okay. Thank you. Your Honor, we're about two
days ahead of where we anticipated that we would be at this time, and we've run out of witnesses for this week. THE COURT: Go ahead and with that Please
information, jury members, stop for today. remember your admonition.
And the admonition is not
only the evening admonition, it's also a weekend admonition. It covers a couple days you're not going to And again, just as a reminder,
be in the courtroom.
which I have to do every time, as I mentioned before, is that no one's to talk to you about the case. do, please let us know. If they
Also, it would be improper for
anyone to do any type of independent research or investigation. That's not allowed. The only place
you're to get the evidence is here in the courtroom. And that would include disregarding anything in the media, if there were to be something in the media, as well as your participation in any form of social media.
16:11:15 16:11:20 16:11:23 16:11:25 16:11:29 16:11:35 16:11:39 16:11:41 16:11:44 16:11:48 16:11:52 16:11:52 16:12:37 16:12:45 16:12:46 16:12:50 16:12:55 16:12:57 16:12:59 16:13:03 16:13:06 16:13:08 16:13:09 16:13:11
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
Please keep that in mind.
And then also, again, as you
head back to your vehicles, even among yourselves, you can't talk about the case. You haven't been told that
you've heard all the evidence or given your instructions of law. So again, please continue to honor that, as
well as at home, if people are interested or curious and want to know or want to comment, please tell them that I -- I said not to do that and for you not to participate with anyone at home as well. If we can have
everyone back on Monday a little bit before 9 o'clock. Thank you. (4:11 PM, jury left.) THE COURT: MS. PARKER: Court stands in recess. Your Honor, would it be all
right if we leave the items here and just clear off the table, but leave the truckload of physical evidence here in the courtroom over the weekend? THE COURT: That's fine with the court, and We don't have anything
we will lock up the courtroom.
scheduled for Monday morning other than our trial, so I would assume everything would be fine to be left where it is. MS. PARKER: Thank you.
(Whereupon, court recessed proceedings.)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 S/_______________________________ Nancy Moroney Wiss, CSR, CM, FCRR I, Nancy Moroney Wiss, a Certified Shorthand Reporter and the regularly appointed, qualified and acting official reporter of the United States District Court for the District of Kansas, do hereby certify that as such official reporter, I was present at and reported in machine shorthand the above and foregoing proceedings. I further certify that the foregoing transcript, consisting of Day Five - Jury Trial - Pages 669-905, is a full, true, and correct reproduction of my shorthand notes as reflected by this transcript. SIGNED March 4, 2011. C E R T I F I C A T E

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DAY 5 Trial of Carrie Neighbors

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USA V CARRIE NEIGHBORS 669

For the Defendant:

NANCY MORONEY WISS, CSR, RMR, FCRR

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NANCY MORONEY WISS, CSR, RMR, FCRR

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THE WITNESS: THE COURT: MR. DUMA:

Officer Bialek, during the course of this

named Raymond Everett. A. Q. I do. Okay.

Apparently, you had known Mr. Everett

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 673

NANCY MORONEY WISS, CSR, RMR, FCRR

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NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 675

On this two-page document, the one

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 676

I guess my question is, can you sit here

NANCY MORONEY WISS, CSR, RMR, FCRR

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-- is an evidence label that's placed on it by

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 678

The first search warrant occurs in -- in

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 679

Correct. So, it would have been pretty obvious as of

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 680

Yes. Okay. Now, that -- is that the number that you

number on there. Q. Okay. But was it consistent with kind of the

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 681

warranty form. Q. Right, exactly. Exactly. It probably isn't true

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 682

Yes, Your Honor.

to that as a leading question.

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 683

THE COURT: BY MR. OAKLEY: Q.

Do you know whether or not UPC labels are unique

far as, I mean, you saw two in that picture.

NANCY MORONEY WISS, CSR, RMR, FCRR

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You were asked on direct about your

order to return merchandise.

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 685

Yes. MR. OAKLEY: Your Honor, I have no further

If there's nothing else of the

released from your subpoena.

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 686

as you get in there.

If you would, as you give your

Michael Riner. Please spell your name. M I C H A E L. Thank you. R I N E R.

did you hold with the KU Police Department? A. I was a detective.

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 687