DAY 7 Trial of Carrie Neighbors
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Transcript of DAY 7 Trial of Carrie Neighbors
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
117
UNITED STATES DISTRICT COURTDISTRICT OF KANSAS
UNITED STATES OF AMERICA, Docket No. 07-20124
Plaintiff, Kansas City, KansasDate: 9/21/10
v.
CARRIE NEIGHBORS,
Defendant....................
TRANSCRIPT OFJURY TRIAL - DAY SEVEN
BEFORE THE HONORABLE CARLOS MURGUIA,UNITED STATES DISTRICT JUDGE.
APPEARANCES:
For the Plaintiff: Mari etta ParkerAsst. US Attorney360 US Courthouse500 State AvenueKansas City, KS 66101
For the Defendant: John Duma
Attorney at Law303 E Poplar StreetOlathe, KS 66061
Court Reporter: Nancy Moroney Wiss, CSR, RMR, FCRROfficial Court Reporter558 US Courthouse500 State AvenueKansas City, KS 66101
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
117
I N D E X
GOVERNMENT'S WITNESS:Henry Herron
Direct Exam by Ms. Parker 1176
Motion - Directed Verdict 1222
Stipulation RE: Anthony 'Tony' Reyes 1227
DEFENDANT'S WITNESS:Lois Jackson
Direct Exam by Mr. Duma 1228Cross Exam by Ms. Parker 1238
Renewed Motion - Directed Verdict 1262
Jury Charge Conference 1265
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09:06:51
USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
117
I N D E X
EXHIBITS: OFFERED RECEIVED
Govt's 16.1 1174 1175Govt's 17.1 1174 1175Govt's 18.1 1174 1175
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
117
MS. PARKER: Your Honor, just so we don't
surprise anybody, we have these large summary exhibits.
There is a copy of a smaller version of this on the
bench for the court. But I will be asking the court's
permission to allow Agent Herron to step off the stand,
and we would set it up here in front of the jury, and
then we would go through the information that's on here,
but I will tell the court that the copy that the court
and the parties have shows Count 2 and Count 10 on the
top, but we've changed that on these to show overt act
rather than the counts, because we won't be charging
those as counts, and we will start with Count 3 and go
down in the order of the number of th e count we're --
so, this Count 2 on the top really wo n't be discussed
until we get to Count 16.
THE COURT: All right. Any comment?
MR. DUMA: No comments. Miss Parker has
assured me that nothing in the charts is there that
hasn't all ready been admitted into evidence, so I have
no objection to proceeding like that.
MS. PARKER: And the exhibit itself has all
of the exhibit stickers with the numbers that rel ate to
each of the boxes on each chart.
THE COURT: Thank you. We'll call the jury
in.
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
117
MS. PARKER: Your Honor, we have three
exhibits that have been stipulated to that we were going
to put in with this witness, but Mr. Duma indicates we
could just put them in now, I could offer them and he
would not object, which might make things go more
smoothly.
THE COURT: Okay.
MS. PARKER: So, with the court's
permission, the government would offer Government's
Exhibit 16.1, which is a bank statement from Intrust
Bank. Government would offer Government's Exhibit --
THE COURT: Hold on, Jennifer. Hold on.
Excuse me, sir. I'm sorry. I apologize. If you just
wait just a couple minutes. I'm sorry.
MS. PARKER: I'm sorry. We asked for a last
minute --
MS. WALTON: Judge, would you like me to
take them back into the room?
MS. PARKER: This will just take a second.
THE COURT: It won't take very long.
MS. PARKER: Government has offered
Government's Exhibit 16.1, the Intrust Bank record,
government now offers 17.1, which is another Intrust
Bank record relating to Professional Delivery Services
account, and government offers Government's
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
117
Exhibit 18.1, which is a Commerce Bank statement related
to an account of Guy and Carrie Neighbors at that bank.
THE COURT: Government has identified three
exhibits that it is offering at this time. They also
represented that they believe there's no objection from
defendant in regards to these exhibits. Mr. Duma?
MR. DUMA: That's correct, Your Honor.
THE COURT: At this time, court is going to
admit Exhibits 16.1, 17.1, and 18.1. Anything else
before we bring the jury in?
MS. PARKER: No, Your Honor.
MR. DUMA: Nothing else. Thank you.
THE COURT: Call the jury, please.
(Jury returned at 9:10 AM.)
THE JURY: Good morning.
THE COURT: Thank you. Hopefully, everybody
had a good night's rest. Apologize about your little
stop and go right there. That was the court having to
do something. I'm sorry. I did ask Miss Walton to
bring you in, and then I'm sorry, something came up, but
we're here in the courtroom now. So, again, as you've
been doing throughout the trial, please be alert, please
be attentive to everything that's being presented to
you. Thank you. Miss Parker?
MS. PARKER: Thank you, Your Honor. Your
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
117
Honor, as its final witness, the United States would
call Special Agent Henry Herron.
THE COURT: Before you take your seat, I
need for you to raise your right hand.
(Witness sworn.)
THE WITNESS: I do.
THE COURT: Please take your seat. Careful
as you get in there. If you would, as you give your
answers to the questions you're asked, please speak up
loud and clear and speak into the microphone.
THE WITNESS: Yes, sir.
THE COURT: Have you start with you stating
your name.
THE WITNESS: My name is Special Agent Henry
Herron, H E R R O N.
THE COURT: And your first name please.
THE WITNESS: Henry, H E N R Y.
THE COURT: Thank you. Miss Parker.
MS. PARKER: Thank you, Your Honor.
HENRY HERRON,
Called as a witness on behalf of the government, having
been first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MS. PARKER:
Q. Agent Herron, where a re you employed?
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
117
A. I 'm employed with the Internal Revenue Service,
criminal investigation.
Q. And in the course -- well, f irst of a ll , how long
have you been employed with the IRS?
A. I t w il l be 23 years in December.
Q. All r ight . And how long have you been with the
criminal investigation division of the IRS?
A. 13.
Q. All r ight . What is the IRS interest in this case
that you were brought in to investigate?
A. Basical ly, we investigate viola tions of Tit le 26,
which is tax, Title 18 which is fraud, and Title 31
which is the bank secrecy -- bank secrecy act.
Basically, that's just a long winded way of saying that
our theory is that if you follow the money, it will take
you to the individuals committing the crime, and that's
what I do is follow the money.
Q. All r ight . And are you experienced in the
investigation of money laundering offenses?
A. Yes.
Q. All r ight . Now, in the course o f your
employment, have you prepared some summary charts
relating to the evidence that has been received in this
case?
A. Yes, I've -- I 've reviewed summary charts that
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
117
were prepared and analyzed those.
Q. All r ight . And made changes as necessary?
A. Correct.
Q. And verif ied that the information in the summary
charts is in fact a correct and accurate reflection of
the evidence that has been entered so far?
A. Yes.
Q. All right.
MS. PARKER: Your Honor, we have some
summary charts prepared, and the government would
request leave of court for Agent Herron to leave the
witness stand so that we can set the easel up here, and
he can explain each of the summary charts to the jury in
a way that everybody can see what he's referring to.
THE COURT: Permission granted.
MS. PARKER: Thank you, Agent Herron.
(Witness stepped down.)
BY MS. PARKER:
Q. Here's a laser pointer in case you need i t. And
where would be most comfortable for you to stand?
A. Jus t r ight the re . I 'l l s tand here.
Q. All r ight . And I want to show you what has been
marked for purposes of identification as Government's
Exhibit 210. Do you recognize that?
A. Yes.
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
117
Q. All r ight . And is this a fair and accurate
summary chart of the evidence as it relates to Count 3?
A. Correct.
Q. All r ight . The government is offer ing this for
demonstration purposes only and identification purpose.
Now, Agent Herron, Count 3 in the indictment relates to
this Check Number 10717, correct?
A. Correct.
Q. All r ight . And that was a check that was wri tten
to whom?
A. That check was wri tten to a Mr. Pat Nieder here.
Q. All r ight . And whose s ignature appears on that
check?
A. Miss Carrie Neighbors.
Q. And does that show what that check was writ ten
for?
A. Yes, it s ta tes in the memo sect ion that th is is
for a drill sharpener.
Q. All r ight . And then there are photographs here
from Government's Exhibit 1 of Patrick Nieder and one of
Carrie Neighbors, correct?
A. That's correct.
Q. And then the eBay posting. Would you tel l the
jury what that square on this summary chart refers to?
A. This is basical ly how the information was
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
118
presented on eBay when this item went up for sale.
You'll see listed here the seller as Yellowhair
Bargains, which is the screen name for Miss Neighbors.
You'll see the item number that references the drill bit
or the product itself.
Q. I' m sor ry, I 'm al l over there.
A. That' s okay. And you 'l l see I tem Number
4333168308, and that again references -- references the
particular product. The next thing you'll see is the I
P address, and that I P address basically identifies
that transaction through eBay. For those of you that
are familiar with the internet, you know that basically
what happens is the computer sends out this information
to identify what computer that's coming from.
Q. And before you go on, I would like to re-publish
to the jury some information contained in Government's
Exhibit 101 where the parties stipulated and agreed that
between January 2004 and July 2006, e-mail messages sent
to or from the eBay servers through the following I P
addresses traveled in interstate commerce between the
states of Kansas and California. And for Sunflower
Broadband, the I P number of 24.124.56.37 is one of
those numbers that indicates if an electronic signal was
sent from that number, it traveled between Kansas and
California?
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
118
A. Correct.
Q. All r ight . And is that e-mail t ransmission
advertising this drill sharpener, the basis for the wire
fraud count in Count 3?
A. Yes, it is.
Q. All r ight . And where did you get the information
that's there on that eBay posting square?
A. This information came from information that we
received from sources like eBay.
Q. Those came from the eBay records themselves?
A. Correct.
Q. All r ight . And does the eBay record a lso show
who purchased that item?
A. Yes, it does.
Q. Who was that?
A. They showed that this auction star ted on
October 26th of '04, on 11/2 of '04, that item was
purchased by a Mr. Jay Whitmore for the gross purchase
price of 141.50. He was the winning bid.
Q. So, for an art icle that Carrie Neighbors paid $50
for, she was actually able to sell it for $141.50?
A. That's correct.
Q. All r ight . And underneath each of these squares ,
where there's information, there is a yellow sticker
that shows government exhibit. Do you see that?
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
118
A. Yes.
Q. And are those the actual exhibi t numbers of each
of those exhibits?
A. Yes, each one of these numbers beneath identifies
the exhibit that proves or contains this information.
Q. And several of these have exhibi t numbers that
start with 3, 3.1 and 3.2. Do you see that?
A. Correct.
Q. Were the exhibi ts that were marked beginning with
the 3, 3.1, 3.2, did they relate to Count 3?
A. Absolutely.
Q. So, as the jury is looking through the exhibi ts
later on when it's their turn to look at it, they would
look for exhibits starting with the number 3 to
determine which ones relate to that count?
A. Exact ly. I f they were looking for this check,
they'd go to Exhibit 3, and then it woul d be 3.1, and
you'd see a copy of that check.
Q. And then if there was anything else that was
admitted into evidence relating to Count 3, it would
also start with a number 3 like this does, the eBay
record starts with 3.2?
A. Yes.
Q. All r ight . Anything else about this exhibit?
A. No , I th ink we co ve red i t a ll .
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
118
Q. Show you what 's been marked for purposes of
identification Exhibit 2 -- 211?
A. Yes.
Q. All r ight . And does this relate to Count 4?
Does this relate to the information that's been admitted
as to Count 4?
A. Yes, it does.
Q. All r ight . And that says r ight up there , Count 4
summary?
A. Yes.
Q. All r ight . And who -- check contained in
Exhibit 4.1, who was that written to?
A. That was writ ten to Mr. Michael Aldridge.
Q. All r ight . And there 's a date there of 11/15 of
'04?
A. Correct.
Q. And then here we have --
A. Actua lly, I bel ieve that 's 11 /18.
Q. 11/18. All r ight . And we have a pic ture of
Mr. Aldridge?
A. Yes.
Q. All r ight . And who wro te tha t check?
A. Miss Carrie Neighbors.
Q. And af ter th is check was writ ten on the 18th,
does it show whether or not it was posted on eBay?
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
118
A. Yes, the star t date again of this auct ion showed
that it was posted on eBay on 11/21/2004.
Q. And again, did it use an I P address that has
been stipulated to as belonging to Carrie and Guy
Neighbors?
A. Yes.
Q. That would be I P address 24.124.100.192?
A. That's correct.
Q. What does that indicate about where those
electronic signals went?
A. These e lectronic signals would have init ia ted in
the state of Kansas and then were transmitted to eBay's
servers in the state of California.
Q. And in order to sell those i tems on eBay, that
transmission would have been required to get the
information to California for posting?
A. Absolutely.
Q. All r ight . Now, this shows that there were four
item numbers here?
A. Yes.
Q. They were a ll Bushnell b inoculars, right?
A. Correct.
Q. Were there four postings, or were there -- was
there one posting for four binoculars?
A. There 's one posting for four binoculars.
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
118
Q. And then it shows there that these were actual ly
purchased?
A. Yes.
Q. And purchased by whom?
A. They were purchased by Mr. Lawrence Fukuba,
Mr. William Garbett, Mr. Robert McCarty, and Mr. Earl
Sellers.
Q. All r ight . And I don 't see a gross price there .
Do you remember what that was?
A. No, I don' t remember the gross pr ice that i t was
sold -- that each one was sold for.
Q. Agent Herron, I 'm not sure you' re going to be
able to see what's on the monitor, but I want to put up
for you Government's Exhibit 4.2. Turn this on. And if
you -- yeah, or even better, you can come around here,
and this has been identified as an eBay record,
specifically E B 64 which has been admitted as
Government's Exhibit 4.2. Do you see that?
A. Yes.
Q. All r ight . And do you see here we have what
appears to be four postings?
A. Yes.
Q. All r ight . And this shows what they were -- what
was posted?
A. Yes.
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
118
Q. Binoculars?
A. Yes, Bushne ll binocu la rs .
Q. All r ight . Four o f them, cor rect?
A. Yes.
Q. All r ight . And they show that they were a ll
posted on 11/21 of 2004?
A. Correct.
Q. All r ight . And then we go over to the -- these
are the I P numbers, all the same, the one I P address
ending in 100.192?
A. Yes.
Q. And then th is li st s the purchasers?
A. Right.
Q. All r ight . But this page does not have the
amount of money that each binocular sold for, correct,
or does it?
A. I t' s showing the -- the current pr ice of each
item.
Q. So, that shows that to have the high bidder, that
current price had to be the final price?
A. Yeah, that would indicate that was the winning
bid, and it's itemized by each bidder.
Q. So , one bidde r paid $40.01?
A. Correct.
Q. One bidder paid $19.40?
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
118
A. Correct.
Q. One bidder paid $32?
A. Correct.
Q. And one bid de r paid $6 3. 01?
A. Correct.
Q. Okay. So, does tha t help ref resh your
recollection?
A. Yes, it does.
Q. All r ight . So, when you said there was one
posting for four binoculars, what did you mean?
A. By one posting for four binoculars, mean that
there weren't four separate screen shots for those
binoculars. It was all put up as one in -- I'm sorry,
in one single listing, and then the four were purchased
by these four individuals.
Q. All r ight . And I think that the highest price
that we just read was $60.01, $62.01?
A. Correct.
Q. All r ight . And Mrs. Neighbors purchased all four
binoculars for $70, correct?
A. Correct.
Q. So, she made a pret ty heal thy profit on those
items as well?
A. I would say so.
Q. Show you Government' s Exhibi t -- assume this is
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
118
212?
A. 212.
Q. Okay. This is for purposes of ident if icat ion.
Are these -- is this a summary of the exhibits that
relate to Count 5?
A. Yes.
Q. All r ight . And this shows that on 5/16 of '05, a
check was written to Lewis Parsons?
A. Yes.
Q. All r ight . And i t was made out for how much
money?
A. $1,040.
Q. All r ight . And this was for too ls?
A. Yes.
Q. This is a photograph of Lewis Parsons here?
A. Yes.
Q. And do you recognize the s ignature on that check?
A. Yes, Carrie Neighbors.
Q. And that 's he r pho tograph there?
A. Yes.
Q. All r ight . And this check is admit ted as
Government's Exhibit 5.1?
A. Yes.
Q. Again, it has a number s tart ing with 5, because
it relates to Count 5?
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
118
A. That's right.
Q. Now, what do the eBay records show about whether
or not there was any electronic transmission related to
this item?
A. Again, we have the same information here star ting
with the I P address showing that the electronic
transmission occurred, the start date of this particular
posting was 5/16 of 2005, the seller being Yellowhair
Bargains, which is again the screen name used by the
defendant Miss Neighbors.
Q. Now, this shows that there were two i tems that
were posted, correct?
A. Correct.
Q. Were each of the i tems that were posted described
as Husky 254-piece mechanics tool sets?
A. Yes.
Q. All r ight . So, i t would appear that this
thousand and $40 check was for two Husky tool sets?
A. That's correct.
Q. All r ight . And who purchased those?
A. A Mr. Jay Langer and a Mr. Hoang Le .
Q. Can you spell Hoang Le for the court reporter
please?
A. I t' s H O A N G, and it 's Le wi th one E , L E.
Q. And Government' s Exhibi t 101, does that indicate
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
119
that that I P address 24.124.124.135 is a Sunflower
Broadband I P address that would have originated at --
electronic signals from there would have originated in
Kansas?
A. Absolutely.
Q. And would have traveled to eBay in California?
A. Yes.
Q. And was that an e lectronic transmission that was
required to post these items for sale on eBay?
A. Yes.
Q. Anything el se about th is ?
A. I think that's it.
Q. Okay. Show you Government' s Exhibit 213.
A. Yes.
Q. All r ight . And what does this exhibit rela te to?
A. Count 6.
Q. All r ight . And the check that 's depicted here is
the check from Government's Exhibit 6.3, correct?
A. Yes.
Q. And i t w as wh ich check n umber?
A. Check Number 12700 in the amount of $52.
Q. All r ight . And i t says i t was for what?
A. Levi jeans.
Q. Does it say Levi?
A. I t jus t says jeans here. I 'm sor ry.
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
119
Q. And then again, we've got Stacy Barnes-Catlet t' s
photograph and Carrie Neighbors' photograph?
A. Yes.
Q. All r ight . And where -- was there an eBay
posting, or was there a transmission to eBay about that?
A. Yes. Yes. Again, you have the I P address
identifying the electronic transaction, the start date
of July 2nd of '05.
Q. And what 's the date on this check?
A. The date of the check is July 1st of '05.
Q. All r ight . So, the next day, this is posted?
A. Correct.
Q. All r ight . And again , I see two i tem numbers?
A. Yes.
Q. All r ight . How many jeans were pos ted?
A. Two.
Q. Okay. And then i t shows that somebody actually
purchased that?
A. Yes.
Q. All r ight . And then the I P address there of
24.124.91.191 is another of those I P addresses t hat has
been stipulated to as an -- a location in Kansas where
if a message was received at that address or sent from
that address, it would have gone from Kansas, correct?
A. Correct.
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
119
Q. And if i t' s received at eBay, i t' s received in
California?
A. That -- yes.
Q. And aga in , that i s ano ther e lect ronic
transmission that was necessary to the sale of these
jeans on eBay?
A. Correct.
Q. Show you Government' s Exhibi t 2. - - I 'm sorry,
just 214. This relates to which count?
A. This relates to Count 7.
Q. All r ight . And Government' s Exhibit 7 .1 , what
was that?
A. That is a check writ ten by Carrie Neighbors to
Norma Payne in the amount of $100, Check Number 13209.
Q. And what does the memo section say that check was
for?
A. Toothbrushes.
Q. All r ight . And again , the s ignature on that is
whose?
A. The defendant Car rie Neighbors .
Q. All r ight . And her pic ture and Norma Payne 's
picture are also contained on this?
A. Correct.
Q. All r ight . The eBay posting, would you tel l the
jury what the eBay posting was?
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
119
24450 with bow and case from eBay seller Yellowhair
Bargains. And do you know who Yellowhair Bargains --
who that web site name screen name is owned by?
A. Yes, that is screen name used by the defendant
Carrie Neighbors.
Q. Anything el se about th is ?
A. That's it.
Q. Show you summary chart marked Government' s
Exhibit 216 relating to Count 9. There are again two
photographs here?
A. Yes, the same two individuals as with the las t
count, Miss Stacy Barnes and the defendant Carrie
Neighbors.
Q. All r ight . And was there an eBay posting
relating to a silver flute?
A. Yes. Again, the I P address here shows that
there was an electronic transmission to post this item
for sale on eBay. This again -- this transmission
originated in the state of Kansas and was transmitted to
the state of California where it was posted on eBay's
servers.
Q. So, what was the s tart date for th is post ing?
A. 8/29/05.
Q. And we talk about s tart date. What exact ly do we
mean?
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
119
A. That' s the date that the item f irst was opened
for sale where a bid could be placed.
Q. And somebody bought it?
A. Yes.
Q. And that was who?
A. Mr. John Dudley.
Q. All r ight . And i t shows a gross purchase price
of how much money?
A. $187.50 , and that was 9 /5 of '05.
Q. Show you Government 's Exhibi t 216 .
A. 218.
Q. 218. I 'm behind. All r ight . And this relates
to what?
A. This re la tes to the Compaq Presar io Desktop PC.
Q. Which count?
A. I'm sorry, Count 11.
Q. All r ight . And there 's a check there . Who is
that check written by?
A. This check is wri tten again by the defendant
Carrie Neighbors.
Q. Whose p ic tu re appears on this?
A. Yes.
Q. All r ight . As does Nicol le Beach?
A. Nicolle Beach, yes.
Q. All r ight . Who 's the check wri tten to?
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
119
A. I t' s wri tten to Nicol le Beach .
Q. All r ight . And i t was wri tten on what date?
A. I t shows here i t was wri tten 9/19/2005.
Q. All r ight . What was i t for? What in the memo
section indicates that check was for?
A. The memo sect ion specif ies a Compaq computer.
Q. And then the eBay posting -- was there an eBay
posting?
A. Yes. Excuse me. Again, there was an eBay
posting here with an I P address showing the electronic
transmission to get the items posted on eBay, start date
again being 9/19/2005.
Q. Same date the check was wr it ten?
A. Same date the check was wr it ten.
Q. All r ight . What was i t adver ti sing?
A. I t was advert is ing a Compaq Presar io Desktop PC.
Q. Did somebody buy that?
A. Yes.
Q. And how - - wha t d id they pay for it?
A. Mr. Joseph Matukonis was the successful bidder,
and he paid $415.
Q. What was the amount of the check here?
A. The amount of the check here i s for 475.
Q. All r ight . I f Miss Neighbors purchased this
computer for 475 and sold it for 415, in this case, she
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
119
would have lost money?
A. It would appear that w ay.
Q. Anything el se about th is ?
A. No.
Q. But that post ing again was necessary to the
marketing or the sale of that item?
A. Absolutely.
Q. On eBay. Show you Government' s Exhibi t 4 -- 219.
What is this?
A. This i s the exhibi t for Count 12.
Q. All r ight . And there 's a check there l is ted
under Government's Exhibit 12.1. What -- who was that
check written to?
A. I t' s wri tten to a Miss Nico lle Beach .
Q. All r ight . And what was the i tem that that was
written for? What's in the memo section?
A. This was a check wri tten to her by the defendant
Carrie Neighbors for the purchase of a Dyson vacuum.
Q. Wel l, what does the memo sec tion say?
A. I' m sor ry, s ays sweeper.
Q. All r ight . And how much was tha t check?
A. $300.
Q. And that was writ ten on September the 18th of
2005?
A. Actually think that says September 28th.
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
119
Q. I 'm sor ry, you 're - - i t does. I t says
September 28th. And then was there an eBay posting of a
related item?
A. Yes.
Q. What was that?
A. Again, you have the I P address, and i t shows
that the start date of this was 9/28, and that should be
separated there, but 9/28/2005.
Q. And is that another transmission that or iginated
in the state of Kansas and was received in California?
A. Yes, it was.
Q. And i t was necessary to the sale of that i tem on
eBay?
A. Absolutely.
Q. And what was the eBay post ing for?
A. A Dyson vacuum.
Q. Show you Government 's Exhibi t 220 .
A. Yes.
Q. All r ight . What does tha t relate to?
A. T hi s r el at es t o Co un t 13.
Q. All r ight . And what was Government' s
Exhibit 13.1?
A. I t is a copy of a check writ ten by the defendant
Carrie Neighbors to Nicolle Beach.
Q. All r ight . And what was tha t for?
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
120
A. In the memo section, it references a sweeper and
a mixer.
Q. All r ight . And the date o f the check?
A. September 29th, 2005.
Q. And was there a post ing a t about the same t ime?
A. Yes.
Q. When was the pos ting ac tual ly se t up?
A. The posting went up September 29th, 2005 as well.
Q. Same date as the check?
A. Same date as the check.
Q. And w ha t w as be ing pos ted?
A. A Dyson vacuum.
Q. All r ight . Same deal, an e lectronic t ransmission
from Kansas to California to get this in the eBay system
for sale?
A. Absolutely.
Q. Now get ting a l i tt le more complicated. There are
two counts listed on Government's Exhibit 221.
A. Yes.
Q. All r ight . The f ir st count i s wha t?
A. The f ir st coun t i s C ount 14 .
Q. And the second count?
A. Count 18.
Q. And Count 14 is an a llegat ion of a violat ion of
the wire fraud statute, correct?
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
120
A. Correct.
Q. Just like the rest of these that we've a ll ready
talked about?
A. Yes.
Q. And then Count 18, what 's the a llegation in that
count?
A. Count 18 is a money laundering count that is
based on the predicate offense here of wire fraud.
Q. Let 's talk about the predicate offense, the wire
fraud. We have Michael Aldridge and Bradley Byrne?
A. Yes.
Q. Correct? But who's the check wri tten to?
A. This part icular check is wri tten to Mr. Byrne.
Q. All r ight . Does i t say what i t' s wri tten for?
A. Says fish finder.
Q. All right. And how much?
A. 215 -- I'm sorry, $275.
Q. Is there a da te on that check?
A. Yes, it looks l ike 10/26 /0 5.
Q. All r ight . Now, there 's an eBay posting?
A. Yes.
Q. Re la ting to th is fi sh find er?
A. Yes.
Q. And what was that?
A. Again, you have the I P address showing the
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
120
electronic transmission from the state of Kansas to the
state of California, the start date was November 2nd,
2005, and the seller in this case being Bargain Guy 44
as the screen name being used, which is one of the
screen names used by the defendant.
Q. All r ight . And by the defendant, or by her
husband?
A. Her husband.
Q. All r ight . And who s igned this check ,
Government's Exhibit 14.1?
A. I t' s signed by Miss Carr ie Neighbors .
Q. All r ight . But i t' s put on her husband 's eBay --
A. Correct.
Q. -- account . All r ight . And Government' s
Exhibit 101 indicates that AT&T internet service
provider number 6568101.178 is yet another I P address
where messages sent from that address would originate in
the state of Kansas?
A. Correct.
Q. And that would have been received in the s ta te of
California?
A. Correct.
Q. And that' s -- so, i t' s another in terstate wire
transmission?
A. Absolutely.
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
120
Q. To get t he p rope rty sold?
A. Yes.
Q. All r ight . And who bought tha t i tem?
A. A Mr. Rober t Jeff Redden, R E D D E N.
Q. All r ight . And how much did he buy that for?
A. Purchase price of $310.
Q. All r ight . And nex t i s Government' s
Exhibit 14.3, and it relates to PayPal. Can you explain
to the jury what kind of information you were able to
obtain from your review of the PayPal records? In this
case, Government's Exhibit 14.3?
A. As a resul t of this sa le , a review of the PayPal
records shows that a deposit of $325, which is the
proceeds of this sale plus any shipping or -- or other
fees, etcetera, into the PayPal account for Bargain Guy
44, who you'll see here is also the seller. So, this
was money that was paid to Bargain Guy 44 as a result of
the sale of that fish finder.
Q. So, that would be money from Jeff - - Robert Jeff
Redden to pay for the shipping and the purchase of that
fish finder?
A. Correct.
Q. All r ight . And then there 's another PayPal
number here, another PayPal piece of information, and
that came from Government's Exhibit 18.3. Would you
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
120
A. It was received at the bank 11/14 of 2005.
Q. And it 's the same $900 that' s ref lected in
Government's Exhibit 18.3?
A. Yes.
Q. All r ight . I t went into the bank account ending
in 0223 at Commerce Bank?
A. Yes.
Q. And that is an account held jo int ly by Guy and
Carrie Neighbors?
A. Yes.
Q. Now, you just mentioned the word co-mingling.
What do you mean by co-mingling?
A. Basical ly -- well , it k ind of helps understand in
the world of white collar crime that these transactions,
basically, if it don't make dollars, it don't make
sense. So, each one of these transactions, what we
believe were designed in some way to either facilitate,
conceal or enhance the scheme. In this case, when I
mentioned co-mingling, it's just what the name implies.
It's the taking of -- in this case, it's taking two
things and mixing them together. In this case, what
we're mixing together is dirty money and clean money.
Q. All r ight . And the dir ty money is this 325?
A. Correct.
Q. Okay. That we know is dir ty money because we
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
120
keep this scheme going, she's using proceeds that were
derived from SUA, specified unlawful activity; in this
case, wire fraud to buy more items to sell on eBay to
continue the scheme.
Q. Okay. So, i t' s the co-mingling of the proceeds
from the wire fraud that are received in her bank on
11/14 that made it possible for her to buy new
merchandise?
A. Yes.
Q. At least in part?
A. In part.
Q. What i s the number on th is exhibi t?
A. Exhibit 222.
Q. All r ight . And this relates to which count?
A. Count 15.
Q. All r ight . Now, there 's just one count on this
chart, correct?
A. Yes.
Q. All r ight . And i t relates to Government' s
Exhibit 15.2. There was a check written, correct?
A. Yes.
Q. And what was the da te of the check?
A. 11/5/2005.
Q. A nd w ho w as i t w rit ten to?
A. Mr. James Ludwig.
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
120
Q. And h is pic tu re appear s here?
A. Yes.
Q. All r ight . And how much was the check wri tten
for?
A. $200.
Q. All r ight . And what does i t say i t was wri tten
to buy?
A. In the memo sect ion, it states mixer.
Q. Okay. And then was there an eBay posting?
A. Yes.
Q. And what was the date of the eBay post ing?
A. The date of the eBay post ing in this case is
November 5th, 2005.
Q. Same day the check was wr it ten?
A. Same day the check was wri tten .
Q. And what was posted?
A. They posted a Kitchen Aid Professional 600 ser ies
mixer.
Q. All r ight . And again , that posting originated
from the state of Kansas and was received in the state
of California?
A. Yes.
Q. Somebody buy it?
A. Yes.
Q. What d id - - who b ought i t?
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
121
A. Mr. Sam Davison, D A V I S O N, purchased i t on
the 11 -- I'm sorry, on November 8th, 2005.
Q. All r ight . And how much did she sel l that i tem
for?
A. The gross purchase p rice was $320.
Q. And how much d id she pay for it ?
A. Show s here she paid $200.
Q. And again, th is was an e lectronic transmission in
furtherance of the scheme to sell things on eBay?
A. Yes.
Q. G overnmen t' s E xh ib it 222?
A. 209.
Q. 209. Oh, a ll r ight . This relates to an overt
act?
A. Yes.
Q. All r ight . And would you explain what an overt
act is?
A. An overt act is - - as far as when there is a
conspiracy going on, an overt act is just about anything
that either of the parties of the conspiracy engage in
that's in furtherance of the conspiracy.
Q. All r ight . So, this is not charged as a count ,
but it's charged as an overt act in furtherance of the
conspiracy?
A. Yes.
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
121
Q. Correct? And that overt act is - - s tarts with
Government's Exhibit 2.1 which is a Check Number 1037,
correct?
A. Correct.
Q. And w ho sig ned that check?
A. This check appears to be signed by -- I'm sorry,
is signed by Guy Neighbors.
Q. All r ight . And what was the amount of the check?
A. $150.
Q. And w ha t w as it wr it ten for?
A. I t says in the memo section here computer. Oh,
I'm sorry, computer monitor.
Q. Okay. And i t was -- the date of that check?
A. And the date of that check shows 1/23/04.
Q. All r ight . And then i t has a pic ture of Michael
Aldridge?
A. Yes.
Q. All r ight . And is that who the check was wri tten
to?
A. Yes.
Q. A nd signed by Guy N eighbo rs?
A. Yes.
Q. And then was tha t pos ted on eBay?
A. Yes. You have the same information with the I P
address referencing the electronic transaction start
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
121
date of January 24th, '04, and seller being Bargain Guy
44 screen name used.
Q. So, th is was posted a day af ter the check was
written?
A. Yes.
Q. All r ight . And the s tipulation indicates that
that I P number 65.68.101.14 is one provided by AT&T
internet services, and it was located in the state of
Kansas?
A. Yes.
Q. So again , the transmission would have been from
Kansas to California?
A. Correct.
Q. All r ight . D id somebody buy tha t?
A. Yes, it was purchased by Mr. Andy Sheldon, S H E
L D O N, on January 29th, 2004.
Q. How much?
A. The gross purchase pr ice be ing $400 .
Q. All r ight . When you say gross purchase price ,
what do you mean?
A. By that, I s imply mean this is what he paid for
the item. There may be some additional charges tacked
on later, as you see there for shipping and taxes,
etcetera.
Q. And he pa id $400 for a computer that Guy
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
121
Neighbors bought for $150?
A. Yes.
Q. All r ight . And then we go over to Government' s
Exhibit 2.3, and what does that show?
A. This shows the deposit into the PayPal account
for Bargain Guy 44, Mr. Guy Neighbors, of the 400 --
$430, which is proceeds from this sale plus any fees
that were tacked on.
Q. How about shipping?
A. Shipp ing would be one of the fees .
Q. Okay. And then the next exhibit is PayPal
Exhibit 16.3. And it's marked 16.3 because this relates
to Count 16?
A. That's correct.
Q. All r ight . And what did that exhibit show?
A. Basical ly, th is is showing the transfer of $700
out of the PayPal account belonging to Bargain Guy 44 to
the personal bank account of Guy and Carrie Neighbors at
Intrust Bank ending in 4286 -- or account ending in
4286.
Q. Okay. Then going to Government' s Exhibit 16.1,
what information -- first of all, what was tha t exhibit?
A. This basical ly confirms the receipt of th is
transfer, and that's an exhibit -- a bank statement from
Intrust Bank, the recipient bank.
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
121
Q. All r ight . And that shows i t went into Account
4286?
A. Correct.
Q. All r ight . And i t' s - - this 430 that' s seen in
Government's Exhibit 2.3 is part of the $700 that's
reflected in 16.3 and in 16.1?
A. Yes.
Q. All r ight . And then the date that that was
actually received and available for use by the bank
account owners was what date?
A. February 5th, 2004.
Q. Again, were these funds co-mingled with money
that was all ready in there?
A. Yes.
Q. All r ight . And then we have Government' s
Exhibit 16.2. Would you tell the jury what that exhibit
is?
A. This is a check writ ten by the defendant Carrie
Neighbors to Mr. Jim Ludwig for a tool set.
Q. What was the date on tha t check?
A. The date of this check is February 12th, 2004 in
the amount of $500.
Q. All r ight . And so, within a week of receiving
this $700, which included $430 of what we're calling the
dirty money?
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
121
A. Yes.
Q. That money was then -- part of that money was
used to fund this check?
A. Yes.
Q. All r ight . What was that check -- the amount of
that check?
A. $500.
Q. All r ight . And i t was wri tten by whom?
A. It was writ ten by the defendant Carrie Neighbors.
Q. And would you tel l me again what that was -- what
the memo section says she purchased from Jim Ludwig?
A. A tool set.
Q. All r ight . And again , is that an instance where
the defendant was purchasing more items to sell as part
of her wire fraud scheme?
A. Absolutely.
Q. And did that faci li ta te or promote the scheme
to --
A. Yes.
Q. -- commit wire fraud?
A. Yes, it did.
Q. Let me just -- I'm not sure i f I have read the
stipulation that indicates that this I P address
65.68.101.14 is an AT&T internet provider number that
originates in Kansas.
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NANCY MORONEY WISS, CSR, RMR, FCRR
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A. Correct.
Q. Final ly, what 's the government' s exhibi t here?
A. Exhibit 217.
Q. All r ight . And again , this relates to an overt
act, correct?
A. Yes.
Q. And i t also rela tes to the money laundering count
in Count 17?
A. Yes.
Q. All r ight . Let 's talk about the overt act .
Government's Exhibit 10.1 is a check to whom?
A. This check is to Mr. Travis Kaiser, K A I S E R.
Q. What's the date?
A. The date of the check is August 22nd, 2005.
Q. What's it for?
A. And i t' s in the amount of 300. What' s - -
Q. Yeah.
A. The amount of $300.
Q. And what item does the memo sect ion indicate was
being purchased?
A. Yes, vacuum.
Q. All r ight . And who s igned tha t check?
A. That check is signed by Mr. Guy Neighbors.
Q. All r ight . And then was this i tem posted on
eBay?
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USA V CARRIE NEIGHBORS
NANCY MORONEY WISS, CSR, RMR, FCRR
121
A. Yes.
Q. A nd w ha t' s t he I P nu mb er?
A. 6893195176.
Q. All r ight . And under Government' s Exhibit 101,
that is yet another number provided by AT&T internet
services?
A. Yes.
Q. That is located in the s ta te of Kansas?
A. Correct.
Q. So, a transmission to or f rom that number, to or
from California would be an interstate wire --
A. -- transmission?
Q. Uh-huh.
A. Absolutely be.
Q. I 'm sorry, yes , t ransmission. All r ight . And
what was actually advertised?
A. Here, they 're put ting up for sale a Kirby
Ultimate G series vacuum.
Q. What was the date of that check, Government' s
Exhibit 10.1?
A. The date of the check was August 22nd of '05.
Q. What' s the date of the s tart date for that
auction?
A. And the date of the post ing is August 23rd, 2005.
Q. All r ight . And d id somebody buy tha t?
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121
A. Correct.
Q. All r ight . And again , that went into bank
account -- Intrust Bank Account 4014?
A. Yes.
Q. All r ight . And we have another check here , 17.2.
Do you see that?
A. Yes.
Q. All r ight . And who was tha t wri tten to?
A. That was again writ ten to Mr. Travis Kaiser.
Q. For what?
A. And it states here that th is was for a --
Q. Range and st ove hood?
A. Range and sto ve hood , y es .
Q. All r ight . And again , this would have been
property that would have been inventory for Guy or
Carrie Neighbors to sell in their store?
A. That's correct.
Q. All r ight . And these -- this $1500, was that
co-mingled with other funds in the account?
A. Yes, it was.
Q. And then it was available to cover this check the
date that check was written?
A. Yes.
Q. And that check was wr it ten when?
A. That check was wri tten September 1st , 2005.
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USA V CARRIE NEIGHBORS
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Q. Tw o days a ft er th is $1500?
A. Yes.
Q. All r ight . And again , i t was wri tten to Travis
Kaiser?
A. Yes.
Q. And did the purchase of the range hood and the
stove promote or facilitate the wire fraud scheme?
A. Yes, it did.
Q. How?
A. Because it -- once again , i t gave him more
inventory to sell, inventory that was purchased from
proceeds from the original SUA or wire fraud.
Q. I th ink we've covered a ll of the counts, so if
you want to resume your seat.
MS. PARKER: And Your Honor, that concludes
my direct examination of this witness.
THE COURT: Cross-examination?
MR. DUMA: No questions, Your Honor.
THE COURT: Was the witness subpoenaed to
testify?
MS. PARKER: No.
THE COURT: At this time are you asking that
he be excused from the witness stand?
MS. PARKER: Yes, sir.
THE COURT: Any objection?
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MR. DUMA: No objection.
THE COURT: Sir, you are excused from the
witness stand.
THE WITNESS: Thank you.
THE COURT: You are free to go and leave the
courtroom. The only thing that I'll ask is that you not
discuss your testimony with anyone else as you leave.
THE WITNESS: Yes, sir.
THE COURT: Thank you.
MS. PARKER: And Your Honor, that is the
government's last witness. Before we actually pass the
case, I would like an opportunity to double-check that
all of the exhibits we believe have been admitted have
actually been admitted. So, if we could have just a few
minutes to check that, I think then we will rest.
THE COURT: Please do so.
MS. PARKER: Your Honor, ladies and
gentlemen of the jury, at this time the United States
rests its case-in-chief.
THE COURT: Counsel, please come forward.
(Proceedings held at the bench, outside the
hearing of open court.)
THE COURT: For the record, the government
has informed the court that they've rested their
case-in-chief. At this time, the court would ask if
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think that the -- if nothing else, the reasonable
inferences from the testimony of those two clearly allow
the jury to deliberate on any of the counts that relate
to Miss Payne or Mr. Byrne.
THE COURT: Anything else?
MR. DUMA: No, thank you.
THE COURT: In regards to the defendant's
motion, at the conclusion of the government's
case-in-chief, defendant is moving for judgment of
acquittal pursuant to Federal Rules of Criminal
Procedure 29, and the court would set out the standard
which is that the court, in deciding this motion, is to
decide whether any reasonable jury viewing the evidence
in the light most favorable to the government could find
the defendant guilty beyond a reasonable doubt of the
charges that are being presented to the -- to the jury.
The court's considered the evidence that's been admitted
up to this point. In regards to the arguments from
counsel, at this time the court would find based upon
the evidence submitted so far, government has submitted
a case through their case-in-chief that the court would
find is submissible at this time to the jury regarding
the charges pending against the defendant. Court would
find that they have met their burden at this point in
regards to that finding. The court would note that the
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USA V CARRIE NEIGHBORS
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on how that goes, if not, at the conc lusion of all the
evidence, I'll then take a recess, and I'll try make an
estimation of how much time the recess is going to be.
Part of that's going to be that I need counsel to meet
with Miss Tourtillott in regards to a pre-charge
instruction conference. I'm going to try to figure out
how long that's going to take with the goal in mind
that -- that if the court doesn't grant any further
motions, that we get together for a charge conference
after your pre-charge, and then after our charge
conference, we come back and instruct the jury and have
you make closing arguments in that order. So, that's
the court's anticipated schedule for today now at this
point.
MS. PARKER: And I did want to clarify. Did
you want to take just a moment to see what Jay Bialek
found out about Tony Reyes?
MR. DUMA: Your Honor, despite the
government's and defense counsel's best efforts off the
NCIC, Mr. Reyes, it appears, had a warrant out for him
for some period of time, and he also has some prior
conviction that we didn't know about until this morning,
and/or at least potentially. So, the -- I asked the
government if they would verify that, and I may present
that evidence just by reading it into the record,
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USA V CARRIE NEIGHBORS
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(Proceedings continued in open court.)
THE COURT: I'm sorry, that is probably very
annoying, but it's necessary at different times, and
jury members, again, I appreciate your patience with the
court. Now, what you've just been told is that the
government has rested in their case-in-chief. At this
time, the court is going to ask the defendant whether or
not they choose to present any evidence at this time,
and that's their choice if they want to or not.
Mr. Duma?
MR. DUMA: Thank you, Your Honor. Your
Honor, initially, a stipulation has been entered into by
the parties that Tony Reyes was convicted of non-support
of a child or a spouse, which is a felony in the state
of Kansas, convicted in Harvey County, Kansas on
May 16th, 2007.
THE COURT: Mr. Reyes was a witness that was
previously called to testify in front of the j ury by the
government, and what Mr. Duma has now set out for you is
this information regarding this prior conviction that
both parties agreed should be presented to the jury at
this time. Any other evidence?
MR. DUMA: Your Honor, I have a witness,
Lois Jackson. I'll go out in the hallway and get her.
Just kind of walk up here and stop. Just stop right
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USA V CARRIE NEIGHBORS
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here, and she'll swear you in.
THE COURT: Please raise your right hand.
(Witness sworn.)
THE WITNESS: I do.
THE COURT: Please take your seat in that
witness chair. Be careful as you get up there. If you
would, as you give your answers to the questio