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( 13
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)9:49:44
 Case 2:07-cr-20073-CM Document 195-1 Filed 07/16/10 Page 1 of
15
1
,C""''''44 1
2
' 09:50:00
UNITED STATES DISTRICT COURT
09:50:10 3 DISTRICT OF KANSAS
09:50:18 4 UNITED STATES OF AMERICA, Docket No. 08-20105
No. 07-20073
09:50:22 5 No. 07-20124
09:50:26 6 Plaintiff, Kansas City, Kansas
Date: 2/18/09
09:50:28 7 v.
09:50:30 8 GUY NEIGHBORS, et al.,
09:50:32 9 Defendants.
09:50:34 10
TRANSCRIPT OF
09:50:36 11 MOTIONS HEARINGS
BEFORE THE HONORABLE CARLOS MURGUIA,
09:50:42 12 UNITED STATES DISTRICT JUDGE.
19:50:44 13 APPEARANCES:

C 14
For the Plaintiff: Marietta Parker & Terra Morehead
Asst. US Attorneys
360 US Courthouse
09:50:48 500 State Avenue
Kansas City, KS 66101
09:50:50 15
For the Defendant
09:50:56 16 Guy Neighbors: Cheryl Pilate & Melanie Morgan
Attorneys at Law
09:50:56 17 142 N. Cherry
Olathe, KS 66061
09:51:00 18
For the Defendant
09:51:02 19 Carrie Neighbors: John M. Duma
Attorney at Law
09:51:04 20 303 E. Poplar
Olathe, KS 66061
09:51:06 21
Court Reporter: Nancy Moroney Wiss, CSR, RMR, FCRR
09:51:10 22 Official Court Reporter
558 US Courthouse
09:51:14 23 500 State Avenue
Kansas City, KS 66101
09:51:18 24
Proceedings recorded by machine shorthand, transcript
09:51:24 25 produced by computer-aided transcription.
 Case 2:07-cr-20073-CM Document 195-1 Filed 07/16/10 Page 2
1 of 15 USA V NEIGHBORS, et al.
09:51:28
2
( 09:51:32 2
THE COURT: Let the record show we're here
09:51:38 3
regarding Case Number 07-20124, Case Number 07-20073, and Case
09:51:38 4
Number 08-20105. And these are cases entitled
09:51:40 5 in the case involving United States of America versus
09:51:46 6 Guy Neighbors and Carrie Neighbors. The parties please
09:51:52 7 enter their appearance.
09:51:58 8 MS. PARKER: Your Honor, Marietta Parker and
09:52:02 9 Terra Morehead, Assistant United States Attorneys,
09:52:06 10 appearing on behalf of the government.
09:52:10 11 MS. PILATE: Good morning, Your Honor.
09:52:14 12 Cheryl Pilate appearing for Guy Neighbors in Case 20124,

C'
: '~9:52:18
, ,
09:52:22
13
14
and I'm sorry, I don't remember the number, but the 08-
case.
09:52:26 15
MS. MORGAN: And Melanie Morgan appearing for
09:52:30 16 Mr. Neighbors in 07-20073.
09:52:34 17
MR. DUMA: Your Honor, Miss Neighbors is here
09:52:40 18
personally and by and through her attorney John
09:52:44 19 Duma in all of the cases.
09:52:50 20 THE COURT: Thank you for appearing this
09:52:52 21 morning. Parties are aware of the history of this case,
09:52:56 22 the different things that have taken place, especially
09:52:58 23 over the past year regarding this case. The court had
09:53:02 24 scheduled our appearance this morning as a status
09:53:06 25 conference to have the parties share any information
they wished with the court at this time in light of the

NANCY MORONEY WISS, CSR, RMR, FCRR

Case 2:07-cr-20073-CM Document 195-1 Filed 07/16/10 Page 3
of 15 USA V NEIGHBORS, et al.
3

scheduling of this case for further court appearances or

even trial. So, is one of the parties ready to do that?
Mi ss Pil ate?
MS. PILATE: Your Honor, if I may, I think

everybody is well aware that the proceedings were temporarily

put on hold while certain mental examinations took place, and it
is the finding of the defense expert, Doctor Marylynn
Hutchinson, that I believe both clients are competent to
proceed, and that
is why everyone is here seeking a trial date. I'll let Mr. Duma
address the specifics of his client's situation. I do have a
final report from Doctor
Hutchinson, and would be happy to submit it to the

government with the understanding that my client is certainly

not, you know, waiving any Fifth Amendment
right through the production of this report. I believe the
statute so recognizes, and obviously, requires the production of
the report because it's necessary to assure both the parties and
the court that the case can
proceed and that the defendant is competent to be tried.
So, as I said, I do believe the statute provides for
this, but I just wanted to put on the record that we

were not waiving any Fifth Amendment right by producing the

report. I'm also more than willing to tender a copy of the report
to the court. Obviously, I don't want

NANCY MORONEY WISS, CSR, RMR, FCRR

 Case 2:07-cr-20073-CM Document 195-1 Filed 07/16/10 Page 4 of
15 USA V NEIGHBORS, et al.
4

( 09:53:
08
1 this placed in the public record, but since the court
09:53: 2 ordered these exams to be performed, you know,
12
09:53: 3 obviously, the court has an interest in seeing the
16
09:53: 4 results. So, Your Honor, just seek your further
20
09:53: 5 guidance at this point.
22
09:53: THE COURT: Miss Morgan?
24 6
09:53: MS. MORGAN: I just join in everything that
26
09:53: 8 Miss Pilate said.
28 7
09:53: 9 THE COURT: Mr. Duma?
30
09: 53: 32 MR. DUMA: Your Honor, I have nothing else
10
09:53:3211 to add.
09: 53: 34 THE COURT: Unless there's anything from the
112
(-1 : 09 government in regards to that?
53: 1
MS. PARKER: No, Your Honor, we would just
34 09:53: 3
request that a copy of each of the evaluations conducted by Doctor
~, 42 1
09:53:
09:53:
40
44 4 Hutchinson be made a part of the permanent record. We have no
09:53:48 17 objection to those being filed under
1
09: 53 : 50 seal, but I do believe that it will be appropriate since
18 5
09: 53: 52
1 there is an order directing an evaluation be made that that
19
09:53:56 20 evaluation be made part of the permanent record and that the
6
09:53:58 government be provided with copies. We will
21
09:54:00 22 maintain those copies as a sealed document.
09: 54: 06 MS. PILATE: Your Honor, I think probably
23
09:54:06 24 the easi est thi ng to do is to make the reports exhi bi ts
09:54:10 25 in thi s heari ng, submi t them to the court, the court can

NANCY MORONEY WISS, CSR, RMR, FCRR

 Case 2:07-cr-20073-CM Document 195-1 Filed 07/16/10 Page 5 of
15 USA V NEIGHBORS, et al.

( 09:54:14
1
issue an order sealing them. I will tender a copy to

09:54:18 the government right now, and am prepared to tender one

09:54:22 3 to the court.

2
09:54:22 4 THE COURT: Any objection?

09:54:24 5 MS. PARKER: No, Your Honor. And for the

09:54:26 6 record, I will state that Mr. Duma has previously

09:54:28 7 provided the government with a copy of the evaluation

09:54:32 8 that was conducted on his client, Carrie Neighbors.

09:54:36 9 THE COURT: If there's nothing else in

09:54:38 10 regards to thi smatter, the court at thi s ti me

09:54:42 11 acknowl edges the statements from counsel, in 1 i ght of

09:54:44 12 what had been presented to the court earlier. Court did

( 19:54:48 13 b~lieve it was appropriate to order that this

09:54:52 14 evaluation, examination take place. What's been shared

09:54:56 15 wi th the court today is that after that exami nati on or

09:55:00 16 evaluation has taken place, there's been a determination

09:55:04 17 by a person qual ified to make that type of determi nation

09:55:08 18 that both Mr. and Mrs. Neighbors are competent to

09:55:14 19 proceed in these cases. The court is goi ng to admi t the

09:55:20 20 exhibit. I don't know if you want to give it an

09:55:24 21 identification.

09: 55 :26 22 MS. PILATE: We can call them Exhibits 1 and

09:55:28 23 2; 1 for Guy Nei ghbors and 2 for Carri e Nei ghbors.

09:55:30 24 THE COURT: Exhibit 1 and Exhibit 2 without

09:55:32 25 obj ecti on from the government, whi ch are the reports

NANCY MORONEY WISS, CSR, RMR, FCRR

 Case 2:07-cr-20073-CM Doc.ument 195-1 Filed 07/16/10 Page 6
of 15 USA V NEIGHBORS, et al.
6

( 09:55:
34
09:55:
1 having to do with this evaluation. Based on also the request

40 from defendants and without objection from the

09:55: 3 government, the court is going to order that these
42 2
09:55: 4 exhibits be placed under seal. Anything else from the
46
09:55: 5 parties in regards to this issue?
52
09:55: MS. PILATE: No, Your Honor.
54 6
09:55:
56 MS. PARKER: Nothing from the United States. MR.
09:55:
58 7 DUMA: (Shook head.)
09:56: THE COURT: Anything else the parties want
00
09:56:00 10 to share with the court in regards to the status of our
8
09:56:0211 case? Thank you.
09: 56: 06 MS. MORGAN: Judge, I would just advise the
12 9
( 19: 56: 08 13 court that the parties have worked together to advise

09:56:10 14 the court that we are getting ready to proceed to trial 09:56:14
15 based on everyone's schedul e and the work that sti 11
09:56:16 16 needs to be done in prepari ng each of the cases for

09:56:20 17 trial. We are proposing a trial date at the end of 09:56:22 18

September with the marijuana case being tried first, and 09:56:26 19 the other
two cases following immediately on the heels
09:56:28 20 of that. And those are dates that I thi nk work for
09:56:32 everyone's schedule, if it's convenient for the court.
21
09:56:3622 THE COURT: Mr. Duma?
09: 56: 36 MR. DUMA: Yes, Your Honor.
23
09: 56: 38 24 THE COURT: Miss Parker?
09:56:40 MS. PARKER: That's correct, Your Honor.
25

NANCY MORONEY WISS, CSR, RMR, FCRR

 Case 2:07-cr-20073-CM Document 195-1 Filesd 07/16/10 Page 7
1 of 15 DSA V NEIGHBOR , et al.
r
\ 2 7
3

( 09:57:04
41 THE COURT: I appreciate the fact that the
09:57:06
5 parties have -- have been willing to work with each
09:57:10
63 other in regards to trying to see what your schedules
2
4 permit, and also in terms of our trial setting to try to 5
09:57:14
7
schedule a time where both sides believe there would be
09:57:20
8
09:57:24
96 sufficient enough time to have all these cases presented
09:57:30
107 at the same time. The court actually has other matters

09:57:34 11 have been previ ousl y schedul ed for September.

8 that 09:57:38 9 Looki
12cal endar, what I woul d be abl e to do is 09:57:40 10 actuall y start
ng at our
13al s on October 5th at 9: 30 in 09:57:52 11 the morni ng, and then I
( these tri
woul d set 14 asi de the whol e month 09:57:58 12 of October. You thi nk we'll need
the fi rst 15 week of
( 19:58:04 13
16 November?
09: 58: 04 1417 MS. PARKER: I think that would be safe,
09:58:08 15 18
Your Honor.
09:58:08 16 19 THE COURT: All right. I'll even set aside
09:58:10 17 20
the fi rst week of November. Anythi ng el se from the
09: 58: 18 1821 parties?
09:58:18 19 22 MS. PARKER: Your Honor, there had
09:58:20 20 23 previously been a pretrial motion schedule that was set
09:58:24 21 24 forth that it's long since passed. There had been no
09:58:28 22 25
mot ions fi 1 ed. The government woul d request that if a
)9:49:44
09:58:32 23 new briefing -- or I'm sorry, if a new schedule for
09:58:34 24 pretrial motions is going to be set, that we have a
09:58:38 25 fi nal heari ng date for any moti ons that come up or

NANCY MORONEY WISS, CSR, RMR, FCRR

 Case 2:07-cr-20073-CM Document 195-1 Filed 07/16/10 Page 1 of
15
1
,C""''''44 1
2
; 09:50:00
UNITED STATES DISTRICT COURT
09:50:10 3 DISTRICT OF KANSAS
09:50:18 4 UNITED STATES OF AMERICA, Docket No. 08-20105
No. 07-20073
09:50:22 5 No. 07-20124
09:50:26 6 Plaintiff, Kansas City, Kansas
Date: 2/18/09
09:50:28 7 v.
09:50:30 8 GUY NEIGHBORS, et al.,
09:50:32 9 Defendants.
09:50:34 10
TRANSCRIPT OF
09:50:36 11 MOTIONS HEARINGS
BEFORE THE HONORABLE CARLOS MURGUIA,
09:50:42 12 UNITED STATES DISTRICT JUDGE.
19:50:44 13 APPEARANCES:

C 14
For the Plaintiff: Marietta Parker & Terra Morehead
Asst. US Attorneys
360 US Courthouse
09:50:48 500 State Avenue
Kansas City, KS 66101
09:50:50 15
For the Defendant
09:50:56 16 Guy Neighbors: Cheryl Pilate & Melanie Morgan
Attorneys at Law
09:50:56 17 142 N. Cherry
Olathe, KS 66061
09:51:00 18
For the Defendant
09:51:02 19 Carrie Neighbors: John M. Duma
Attorney at Law
09:51:04 20 303 E. Poplar
Olathe, KS 66061
09:51:06 21
Court Reporter: Nancy Moroney Wiss, CSR, RMR, FCRR
09:51:10 22 Official Court Reporter
558 US Courthouse
09:51:14 23 500 State Avenue
Kansas City, KS 66101
09:51:18 24
Proceedings recorded by machine shorthand, transcript
09:51:24 25 produced by computer-aided transcription.
 Case 2:07-cr-20073-CM Document 195-1 Filed 07/16/10 Page 2
1 of 15 USA V NEIGHBORS, et al.
09:51:28
2
( 09:51:32 2
THE COURT: Let the record show we're here
09:51:38 3
regarding Case Number 07-20124, Case Number 07-20073, and Case
09:51:38 4
Number 08-20105. And these are cases entitled
09:51:40 5 in the case involving United States of America versus
09:51:46 6 Guy Neighbors and Carrie Neighbors. The parties please
09:51:52 7 enter their appearance.
09:51:58 8 MS. PARKER: Your Honor, Marietta Parker and
09:52:02 9 Terra Morehead, Assistant United States Attorneys,
09:52:06 10 appearing on behalf of the government.
09:52:10 11 MS. PILATE: Good morning, Your Honor.
09:52:14 12 Cheryl Pilate appearing for Guy Neighbors in Case 20124,

C'
: '~9:52:18
, ,
09:52:22
13
14
and I'm sorry, I don't remember the number, but the 08-
case.
09:52:26 15
MS. MORGAN: And Melanie Morgan appearing for
09:52:30 16 Mr. Neighbors in 07-20073.
09:52:34 17
MR. DUMA: Your Honor, Miss Neighbors is here
09:52:40 18
personally and by and through her attorney John
09:52:44 19 Duma in all of the cases.
09:52:50 20 THE COURT: Thank you for appearing this
09:52:52 21 morning. Parties are aware of the history of this case,
09:52:56 22 the different things that have taken place, especially
09:52:58 23 over the past year regarding this case. The court had
09:53:02 24 scheduled our appearance this morning as a status
09:53:06 25 conference to have the parties share any information
they wished with the court at this time in light of the

NANCY MORONEY WISS, CSR, RMR, FCRR

Case 2:07-cr-20073-CM Document 195-1 Filed 07/16/10 Page 3
of 15 USA V NEIGHBORS, et al.
3

scheduling of this case for further court appearances or

even trial. So, is one of the parties ready to do that?
Mi ss Pil ate?
MS. PILATE: Your Honor, if I may, I think

everybody is well aware that the proceedings were temporarily

put on hold while certain mental examinations took place, and it
is the finding of the defense expert, Doctor Marylynn
Hutchinson, that I believe both clients are competent to
proceed, and that
is why everyone is here seeking a trial date. I'll let Mr. Duma
address the specifics of his client's situation. I do have a
final report from Doctor
Hutchinson, and would be happy to submit it to the

government with the understanding that my client is certainly

not, you know, waiving any Fifth Amendment
right through the production of this report. I believe the
statute so recognizes, and obviously, requires the production of
the report because it's necessary to assure both the parties and
the court that the case can
proceed and that the defendant is competent to be tried.
So, as I said, I do believe the statute provides for
this, but I just wanted to put on the record that we

were not waiving any Fifth Amendment right by producing the

report. I'm also more than willing to tender a copy of the report
to the court. Obviously, I don't want

NANCY MORONEY WISS, CSR, RMR, FCRR

 Case 2:07-cr-20073-CM Document 195-1 Filed 07/16/10 Page 4 of
15 USA V NEIGHBORS, et al.
4

( 09:53:
08
1 this placed in the public record, but since the court
09:53: 2 ordered these exams to be performed, you know,
12
09:53: 3 obviously, the court has an interest in seeing the
16
09:53: 4 results. So, Your Honor, just seek your further
20
09:53: 5 guidance at this point.
22
09:53: THE COURT: Miss Morgan?
24 6
09:53: MS. MORGAN: I just join in everything that
26
09:53: 8 Miss Pilate said.
28 7
09:53: 9 THE COURT: Mr. Duma?
30
09: 53: 32 MR. DUMA: Your Honor, I have nothing else
10
09:53:3211 to add.
09: 53: 34 THE COURT: Unless there's anything from the
112
(-1 : 09 government in regards to that?
53: 1
MS. PARKER: No, Your Honor, we would just
34 09:53: 3
request that a copy of each of the evaluations conducted by Doctor
~, 42 1
09:53:
09:53:
40
44 4 Hutchinson be made a part of the permanent record. We have no
09:53:48 17 objection to those being filed under
1
09: 53 : 50 seal, but I do believe that it will be appropriate since
18 5
09: 53: 52
1 there is an order directing an evaluation be made that that
19
09:53:56 20 evaluation be made part of the permanent record and that the
6
09:53:58 government be provided with copies. We will
21
09:54:00 22 maintain those copies as a sealed document.
09: 54: 06 MS. PILATE: Your Honor, I think probably
23
09:54:06 24 the easi est thi ng to do is to make the reports exhi bi ts
09:54:10 25 in thi s heari ng, submi t them to the court, the court can

NANCY MORONEY WISS, CSR, RMR, FCRR

 Case 2:07-cr-20073-CM Document 195-1 Filed 07/16/10 Page 5 of
15 USA V NEIGHBORS, et al.

( 09:54:14
1
issue an order sealing them. I will tender a copy to

09:54:18 the government right now, and am prepared to tender one

09:54:22 3 to the court.

2
09:54:22 4 THE COURT: Any objection?

09:54:24 5 MS. PARKER: No, Your Honor. And for the

09:54:26 6 record, I will state that Mr. Duma has previously

09:54:28 7 provided the government with a copy of the evaluation

09:54:32 8 that was conducted on his client, Carrie Neighbors.

09:54:36 9 THE COURT: If there's nothing else in

09:54:38 10 regards to thi smatter, the court at thi s ti me

09:54:42 11 acknowl edges the statements from counsel, in 1 i ght of

09:54:44 12 what had been presented to the court earlier. Court did

( 19:54:48 13 b~lieve it was appropriate to order that this

09:54:52 14 evaluation, examination take place. What's been shared

09:54:56 15 wi th the court today is that after that exami nati on or

09:55:00 16 evaluation has taken place, there's been a determination

09:55:04 17 by a person qual ified to make that type of determi nation

09:55:08 18 that both Mr. and Mrs. Neighbors are competent to

09:55:14 19 proceed in these cases. The court is goi ng to admi t the

09:55:20 20 exhibit. I don't know if you want to give it an

09:55:24 21 identification.

09: 55 :26 22 MS. PILATE: We can call them Exhibits 1 and

09:55:28 23 2; 1 for Guy Nei ghbors and 2 for Carri e Nei ghbors.

09:55:30 24 THE COURT: Exhibit 1 and Exhibit 2 without

09:55:32 25 obj ecti on from the government, whi ch are the reports

NANCY MORONEY WISS, CSR, RMR, FCRR

 Case
Case 2:07-cr-20073-CM
2:07-cr-20073-CM Doc.ument Filed 07/16/10
Document 195-1 Filesd 07/16/10
Page
Page
6 7
of
of 15
15 USA
DSAVV NEIGHBORS,
NEIGHBOR , et
et al.
al.
67

( 09:55:
09:57:04
34
09:55:
1
THE COURT: I appreciate the fact that the
having to do with this evaluation. Based on also the request
parties have -- have been willing to work with each
09:57:06
40 from defendants and without objection from the
09:55:
09:57:10 3 government,
other in regards
the court
to trying
is going
to see
to order
what that
your these
schedules
42 2
09:55:
09:57:14 44 exhibits
permit, and also inunder
be placed termsseal.
of our trial else
Anything setting
fromtothe
try to 5
46
09:55:
09:57:20 5schedule
parties aintime wheretoboth
regards thissides
issue?believe there would be
52
09:55:
09:57:24 6 sufficient enoughMS.time PILATE: No, all
to have Yourthese
Honor.
cases presented
54 6
09:55:
09:57:30 7 at the same time. The court actually has other matters
56 MS. PARKER: Nothing from the United States. MR.
09:55:
09:57:34 8 that
58 7 have been previDUMA:ousl (Shook head.)
y schedul ed for September. 09:57:38 9 Looki
09:56: THE COURT: Anything else the parties want
ng at our cal endar, what I woul d be abl e to do is 09:57:40 10 actuall y start
00
09:56:00 10 to share with the court in regards to the status of our
these tri 8al s on October 5th at 9: 30 in 09:57:52 11 the morni ng, and then I
09:56:0211 case? Thank you.
woul d set asi de the whol e month 09:57:58 12 of October. You thi nk we'll need
09: 56: 06 MS. MORGAN: Judge, I would just advise the
the fi rst9 week of
12
( 19: 56: 08 13
19:58:04 13 November?
court that the parties have worked together to advise
09: 58: 04 14 MS. PARKER: I think that would be safe,
09:56:10 14 the court that we are getting ready to proceed to trial 09:56:14
09:58:08 15 Your Honor.
15 based on everyone's schedul e and the work that sti 11
09:56:16
09:58:08 16 16 needs to be done THE
in prepari ng each
COURT: All of I'll
right. the cases for aside
even set
09:58:10 17 the fi rst week of November. Anythi ng el se from the
09:56:20 17 trial. We are proposing a trial date at the end of 09:56:22 18
09: 58: 18 18 parties?
September with the marijuana case being tried first, and 09:56:26 19 the other
09:58:18 19 MS. PARKER: Your Honor, there had
two cases following immediately on the heels
09:56:28
09:58:20 20 20 of previously
that. And those
been aare
pretrial
dates that
motion
I thi
schedule
nk workthat
for was set
09:56:32
09:58:24 21 forth that schedule,
everyone's it's long if
since
it'spassed. Therefor
convenient hadthebeen no
court.
21
THE government
09:58:28 22 mot ions fi 1 ed. The
09:56:3622 COURT: Mr. woul
Duma?d request that if a
09: 56:
09:58:32 new briefing -- or MR.
23 36 I'm DUMA:
sorry,Yes,
if aYour
new Honor.
schedule for
23
56: 3824
09:58:34
09: 24pretrial motions isTHE
going
COURT:
to be
Miss
set,
Parker?
that we have a
MS.for
09:58:38 25 fi nal heari ng date
09:56:40 PARKER: That's
any moti ons correct,
that comeYour Honor.
up or
25

NANCY MORONEY
MORONEY WISS,
WISS, CSR,
CSR, RMR,
RMR, FCRR
FCRR