DAY 7 Trial of Carrie Neighbors

USA V CARRIE NEIGHBORS 1170
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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 SEVEN 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: 9/21/10
For the Defendant:
Court Reporter:
NANCY MORONEY WISS, CSR, RMR, FCRR
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I N D E X GOVERNMENT'S WITNESS: Henry Herron Direct Exam by Ms. Parker Motion - Directed Verdict Stipulation RE: Anthony 'Tony' Reyes
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DEFENDANT'S WITNESS: Lois Jackson Direct Exam by Mr. Duma Cross Exam by Ms. Parker Renewed Motion - Directed Verdict Jury Charge Conference
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09:06:51
I N D E X EXHIBITS: Govt's 16.1 Govt's 17.1 Govt's 18.1 OFFERED 1174 1174 1174 RECEIVED 1175 1175 1175
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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 in.
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 the count we're -so, this Count 2 on the top really won't be discussed until we get to Count 16. THE COURT: MR. DUMA: All right. No comments. Any comment? 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 relate to each of the boxes on each chart. THE COURT: Thank you. We'll call the jury
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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 minute --
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: MS. PARKER: Okay. 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: Excuse me, sir. Hold on, Jennifer. I apologize. I'm sorry. We asked for a last Hold on. If you just
I'm sorry.
wait just a couple minutes. MS. PARKER:
I'm sorry.
MS. WALTON:
Judge, would you like me to
take them back into the room? MS. PARKER: THE COURT: MS. PARKER: This will just take a second. It won't take very long. 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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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 They also
exhibits that it is offering at this time.
represented that they believe there's no objection from defendant in regards to these exhibits. MR. DUMA: THE COURT: Mr. Duma?
That's correct, Your Honor. At this time, court is going to Anything else
admit Exhibits 16.1, 17.1, and 18.1. before we bring the jury in? MS. PARKER: MR. DUMA: THE COURT:
No, Your Honor. Nothing else. Thank you.
Call the jury, please.
(Jury returned at 9:10 AM.) THE JURY: THE COURT: had a good night's rest. stop and go right there. do something. I'm sorry. Good morning. Thank you. Hopefully, everybody
Apologize about your little That was the court having to 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? Thank you, Your Honor. Your
MS. PARKER:
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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: THE COURT: as you get in there. I do. Please take your seat. Careful
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: THE COURT: your name. THE WITNESS: Herron, H E R R O N. THE COURT: THE WITNESS: THE COURT: MS. PARKER: And your first name please. Henry, H E N R Y. Thank you. Miss Parker. My name is Special Agent Henry Yes, sir. Have you start with you stating
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 are you employed?
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A.
I'm employed with the Internal Revenue Service,
criminal investigation. Q. And in the course -- well, first of all, how long
have you been employed with the IRS? A. Q. It will be 23 years in December. All right. And how long have you been with the
criminal investigation division of the IRS? A. Q. 13. All right. What is the IRS interest in this case
that you were brought in to investigate? A. Basically, we investigate violations of Title 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 right. And are you experienced in the
investigation of money laundering offenses? A. Q. Yes. All right. Now, in the course of 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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were prepared and analyzed those. Q. A. Q. All right. Correct. And verified that the information in the summary And made changes as necessary?
charts is in fact a correct and accurate reflection of the evidence that has been entered so far? A. Q. Yes. 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: MS. PARKER: Permission granted. Thank you, Agent Herron.
(Witness stepped down.) BY MS. PARKER: Q. Here's a laser pointer in case you need it. And
where would be most comfortable for you to stand? A. Q. Just right there. All right. I'll stand here.
And I want to show you what has been
marked for purposes of identification as Government's Exhibit 210. A. Yes. Do you recognize that?
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Q.
All right.
And is this a fair and accurate
summary chart of the evidence as it relates to Count 3? A. Q. Correct. All right. The government is offering this for
demonstration purposes only and identification purpose. Now, Agent Herron, Count 3 in the indictment relates to this Check Number 10717, correct? A. Q. Correct. All right. And that was a check that was written
to whom? A. Q. check? A. Q. for? A. Yes, it states in the memo section that this is Miss Carrie Neighbors. And does that show what that check was written That check was written to a Mr. Pat Nieder here. All right. And whose signature appears on that
for a drill sharpener. Q. All right. And then there are photographs here
from Government's Exhibit 1 of Patrick Nieder and one of Carrie Neighbors, correct? A. Q. That's correct. And then the eBay posting. Would you tell the
jury what that square on this summary chart refers to? A. This is basically how the information was
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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. A. I'm sorry, I'm all over there. That's okay. And you'll see Item 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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A. Q.
Correct. All right. And is that e-mail transmission
advertising this drill sharpener, the basis for the wire fraud count in Count 3? A. Q. Yes, it is. All right. 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. A. Q. Those came from the eBay records themselves? Correct. All right. And does the eBay record also show
who purchased that item? A. Q. A. Yes, it does. Who was that? They showed that this auction started 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. Q. He was the winning bid.
So, for an article that Carrie Neighbors paid $50
for, she was actually able to sell it for $141.50? A. Q. That's correct. All right. 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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A. Q.
Yes. And are those the actual exhibit 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 exhibit numbers that Do you see that?
start with 3, 3.1 and 3.2. A. Q. Correct.
Were the exhibits that were marked beginning with
the 3, 3.1, 3.2, did they relate to Count 3? A. Q. Absolutely. So, as the jury is looking through the exhibits
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. Exactly. If they were looking for this check,
they'd go to Exhibit 3, and then it would 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. Q. A. Yes. All right. Anything else about this exhibit?
No, I think we covered it all.
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Q.
Show you what's been marked for purposes of
identification Exhibit 2 -- 211? A. Q. Yes. All right. And does this relate to Count 4?
Does this relate to the information that's been admitted as to Count 4? A. Q. Yes, it does. All right. And that says right up there, Count 4
summary? A. Q. Yes. All right. And who -- check contained in
Exhibit 4.1, who was that written to? A. Q. '04? A. Q. A. Q. Correct. And then here we have -Actually, I believe that's 11/18. 11/18. All right. And we have a picture of That was written to Mr. Michael Aldridge. All right. And there's a date there of 11/15 of
Mr. Aldridge? A. Q. A. Q. Yes. All right. And who wrote that check?
Miss Carrie Neighbors. And after this check was written on the 18th,
does it show whether or not it was posted on eBay?
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A.
Yes, the start date again of this auction 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. Q. A. Q. Yes. That would be I P address 24.124.100.192? That's correct. What does that indicate about where those
electronic signals went? A. These electronic signals would have initiated 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 items on eBay, that
transmission would have been required to get the information to California for posting? A. Q. Absolutely. All right. Now, this shows that there were four
item numbers here? A. Q. A. Q. Yes. They were all Bushnell binoculars, right? Correct. 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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Q.
And then it shows there that these were actually
purchased? A. Q. A. Yes. And purchased by whom? They were purchased by Mr. Lawrence Fukuba,
Mr. William Garbett, Mr. Robert McCarty, and Mr. Earl Sellers. Q. All right. And I don't see a gross price there.
Do you remember what that was? A. No, I don't remember the gross price that it 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. A. Q. Yes. All right. And do you see here we have what Do you see that?
appears to be four postings? A. Q. Yes. All right. And this shows what they were -- what
was posted? A. Yes.
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Q. A. Q. A. Q.
Binoculars? Yes, Bushnell binoculars. All right. Yes. All right. And they show that they were all Four of them, correct?
posted on 11/21 of 2004? A. Q. Correct. All right. 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. Q. A. Q. Yes. And then this lists the purchasers? Right. All right. But this page does not have the
amount of money that each binocular sold for, correct, or does it? A. item. Q. So, that shows that to have the high bidder, that It's showing the -- the current price of each
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. A. Q. So, one bidder paid $40.01? Correct. One bidder paid $19.40?
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A. Q. A. Q. A. Q.
Correct. One bidder paid $32? Correct. And one bidder paid $63.01? Correct. Okay. So, does that help refresh your
recollection? A. Q. Yes, it does. All right. 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 right. And I think that the highest price
that we just read was $60.01, $62.01? A. Q. Correct. All right. And Mrs. Neighbors purchased all four
binoculars for $70, correct? A. Q. Correct. So, she made a pretty healthy profit on those
items as well? A. Q. I would say so. Show you Government's Exhibit -- assume this is
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212? A. Q. 212. Okay. This is for purposes of identification.
Are these -- is this a summary of the exhibits that relate to Count 5? A. Q. Yes. All right. And this shows that on 5/16 of '05, a
check was written to Lewis Parsons? A. Q. money? A. Q. A. Q. A. Q. A. Q. A. Q. $1,040. All right. Yes. This is a photograph of Lewis Parsons here? Yes. And do you recognize the signature on that check? Yes, Carrie Neighbors. And that's her photograph there? Yes. All right. And this check is admitted as And this was for tools? Yes. All right. And it was made out for how much
Government's Exhibit 5.1? A. Q. Yes. Again, it has a number starting with 5, because
it relates to Count 5?
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A. Q.
That's right. 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 starting
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 items that
were posted, correct? A. Q. Correct. Were each of the items that were posted described
as Husky 254-piece mechanics tool sets? A. Q. Yes. All right. So, it would appear that this
thousand and $40 check was for two Husky tool sets? A. Q. A. Q. please? A. Q. It's H O A N G, and it's Le with one E, L E. And Government's Exhibit 101, does that indicate That's correct. All right. And who purchased those?
A Mr. Jay Langer and a Mr. Hoang Le. Can you spell Hoang Le for the court reporter
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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. Q. A. Q. Absolutely. And would have traveled to eBay in California? Yes. And was that an electronic transmission that was
required to post these items for sale on eBay? A. Q. A. Q. A. Q. A. Q. Yes. Anything else about this? I think that's it. Okay. Yes. All right. Count 6. All right. And the check that's depicted here is And what does this exhibit relate to? Show you Government's Exhibit 213.
the check from Government's Exhibit 6.3, correct? A. Q. A. Q. A. Q. A. Yes. And it was which check number? Check Number 12700 in the amount of $52. All right. Levi jeans. Does it say Levi? It just says jeans here. I'm sorry. And it says it was for what?
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Q.
And then again, we've got Stacy Barnes-Catlett's
photograph and Carrie Neighbors' photograph? A. Q. Yes. All right. 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. A. Q. A. Q. A. Q. A. Q. And what's the date on this check? The date of the check is July 1st of '05. All right. Correct. All right. Yes. All right. Two. Okay. And then it shows that somebody actually How many jeans were posted? And again, I see two item numbers? So, the next day, this is posted?
purchased that? A. Q. Yes. All right. And then the I P address there of
24.124.91.191 is another of those I P addresses that 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.
09:30:06 09:30:09 09:30:09 09:30:10 09:30:13 09:30:15 09:30:17 09:30:17 09:30:31 09:30:34 09:30:37 09:30:41 09:30:41 09:30:45 09:30:51 09:30:54 09:30:54 09:30:56 09:30:59 09:30:59 09:31:00 09:31:02 09:31:04 09:31:05 09:31:08
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
Q.
And if it's received at eBay, it's received in
California? A. Q. That -- yes. And again, that is another electronic
transmission that was necessary to the sale of these jeans on eBay? A. Q. Correct. Show you Government's Exhibit 2. -- I'm sorry, This relates to which count?
just 214. A. Q.
This relates to Count 7. All right. And Government's Exhibit 7.1, what
was that? A. That is a check written by Carrie Neighbors to
Norma Payne in the amount of $100, Check Number 13209. Q. for? A. Q. whose? A. Q. The defendant Carrie Neighbors. All right. And her picture and Norma Payne's Toothbrushes. All right. And again, the signature on that is And what does the memo section say that check was
picture are also contained on this? A. Q. Correct. All right. The eBay posting, would you tell the
jury what the eBay posting was?
09:31:09 09:31:13 09:31:17 09:31:19 09:31:20 09:31:23 09:31:25 09:31:27 09:31:29 09:31:30 09:31:30 09:31:32 09:31:32 09:31:35 09:31:38 09:31:38 09:31:43 09:31:48 09:31:48 09:31:59 09:32:05 09:32:05 09:32:06 09:32:08 09:32:13
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A.
Once again, you have the I P address identifying
the electronic transaction, you have the start date of July 25th of 2005. Q. A. Q. A. Q. And the date on the check was? And the date on the check is July 25th, 2005. And how many items were posted? There's two items posted here. All right. And were both of them identified as
toothbrushes? A. Q. A. Q. Yes. All right. Yes. All right. And I see there's no gross purchase And were there actual purchasers?
price there, but they were -- somebody did buy them? A. Q. Correct. All right. And again, this transmission was in
furtherance of the plan to sell these toothbrushes on eBay? A. Q. or 15? A. Q. A. 215. 215. What does this relate to? In this Yes. Show you Government's Exhibit 215, or is that 16
Once again, you have an eBay posting.
case, we're talking about a Knilling Bucharest viola
09:32:17 09:32:18 09:32:20 09:32:21 09:32:21 09:32:24 09:32:28 09:32:32 09:32:32 09:32:38 09:32:39 09:32:42 09:32:46 09:32:49 09:32:49 09:32:54 09:32:55 09:32:57 09:32:58 09:32:58 09:32:59 09:33:05 09:33:10 09:33:13 09:33:19
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with bow and case. Q. All right. Now, let me stop you here. There's
no check on this one, correct? A. Q. That's correct. All right. You weren't able to locate any check
made out to Stacy Barnes-Catlett relating to the viola and bow and case that's referenced in this eBay? A. Q. That's correct. All right. But what was actually transmitted on
8/22 of '05? A. What was actually transmitted was the information
to post this item for sale on eBay from a location in the state of Kansas to eBay servers in the state of California. Q. All right. And what was the date that that was
actually posted? A. Q. A. Q. A. Q. 8/22/2005. And somebody bought that? Yes. Who was that? A Mr. Dong Bach, D O N G, B A C H. All right. And Government's Exhibit Number 101,
Paragraph 2 is a stipulation that says on or about August 29th, 2005, Dong Bach of Orange, California purchased a Knilling Bucharest viola, Serial Number
09:33:23 09:33:31 09:33:33 09:33:37 09:33:40 09:33:40 09:33:42 09:33:43 09:33:54 09:34:00 09:34:01 09:34:04 09:34:08 09:34:08 09:34:12 09:34:15 09:34:19 09:34:23 09:34:26 09:34:29 09:34:32 09:34:33 09:34:36 09:34:38 09:34:41
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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. A. Q. Anything else about this? That's it. Show you summary chart marked Government's There are again two
Exhibit 216 relating to Count 9. photographs here? A.
Yes, the same two individuals as with the last
count, Miss Stacy Barnes and the defendant Carrie Neighbors. Q. All right. 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. A. Q. mean? So, what was the start date for this posting? 8/29/05. And we talk about start date. What exactly do we
09:34:41 09:34:43 09:34:45 09:34:46 09:34:46 09:34:48 09:34:50 09:34:53 09:34:53 09:35:07 09:35:12 09:35:13 09:35:15 09:35:16 09:35:22 09:35:23 09:35:24 09:35:26 09:35:27 09:35:30 09:35:30 09:35:32 09:35:32 09:35:35 09:35:37
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
A.
That's the date that the item first was opened
for sale where a bid could be placed. Q. A. Q. A. Q. And somebody bought it? Yes. And that was who? Mr. John Dudley. All right. And it shows a gross purchase price
of how much money? A. Q. A. Q. $187.50, and that was 9/5 of '05. Show you Government's Exhibit 216. 218. 218. I'm behind. All right. And this relates
to what? A. Q. A. Q. This relates to the Compaq Presario Desktop PC. Which count? I'm sorry, Count 11. All right. And there's a check there. Who is
that check written by? A. This check is written again by the defendant
Carrie Neighbors. Q. A. Q. A. Q. Whose picture appears on this? Yes. All right. As does Nicolle Beach?
Nicolle Beach, yes. All right. Who's the check written to?
09:35:38 09:35:40 09:35:41 09:35:45 09:35:47 09:35:49 09:35:52 09:35:55 09:35:55 09:35:58 09:36:02 09:36:05 09:36:07 09:36:09 09:36:10 09:36:11 09:36:17 09:36:18 09:36:18 09:36:20 09:36:26 09:36:28 09:36:32 09:36:35 09:36:39
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A. Q. A. Q.
It's written to Nicolle Beach. All right. And it was written on what date?
It shows here it was written 9/19/2005. All right. What was it for? What in the memo
section indicates that check was for? A. Q. The memo section specifies a Compaq computer. 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. A. Q. A. Q. A. Q. A. Same date the check was written? Same date the check was written. All right. What was it advertising?
It was advertising a Compaq Presario Desktop PC. Did somebody buy that? Yes. And how -- what did they pay for it? Mr. Joseph Matukonis was the successful bidder,
and he paid $415. Q. A. Q. What was the amount of the check here? The amount of the check here is for 475. All right. If Miss Neighbors purchased this
computer for 475 and sold it for 415, in this case, she
09:36:43 09:36:44 09:36:45 09:36:47 09:36:48 09:36:51 09:36:53 09:36:54 09:37:05 09:37:05 09:37:10 09:37:13 09:37:17 09:37:18 09:37:20 09:37:25 09:37:27 09:37:29 09:37:32 09:37:34 09:37:35 09:37:37 09:37:38 09:37:41 09:37:42
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would have lost money? A. Q. A. Q. It would appear that way. Anything else about this? No. But that posting again was necessary to the
marketing or the sale of that item? A. Q. Absolutely. On eBay. Show you Government's Exhibit 4 -- 219.
What is this? A. Q. This is the exhibit for Count 12. All right. And there's a check there listed What -- who was that
under Government's Exhibit 12.1. check written to? A. Q.
It's written to a Miss Nicolle Beach. All right. And what was the item that that was
written for? A.
What's in the memo section?
This was a check written to her by the defendant
Carrie Neighbors for the purchase of a Dyson vacuum. Q. A. Q. A. Q. 2005? A. Actually think that says September 28th. Well, what does the memo section say? I'm sorry, says sweeper. All right. $300. And that was written on September the 18th of And how much was that check?
09:37:44 09:37:47 09:37:50 09:37:50 09:37:51 09:37:51 09:37:53 09:37:59 09:38:01 09:38:05 09:38:07 09:38:08 09:38:11 09:38:12 09:38:12 09:38:15 09:38:17 09:38:29 09:38:30 09:38:31 09:38:33 09:38:35 09:38:37 09:38:40 09:38:42
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Q.
I'm sorry, you're -- it does.
It says
September 28th. related item? A. Q. A. Yes.
And then was there an eBay posting of a
What was that? Again, you have the I P address, and it 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 originated
in the state of Kansas and was received in California? A. Q. eBay? A. Q. A. Q. A. Q. A. Q. Absolutely. And what was the eBay posting for? A Dyson vacuum. Show you Government's Exhibit 220. Yes. All right. What does that relate to? Yes, it was. And it was necessary to the sale of that item on
This relates to Count 13. All right. And what was Government's
Exhibit 13.1? A. It is a copy of a check written by the defendant
Carrie Neighbors to Nicolle Beach. Q. All right. And what was that for?
09:38:44 09:38:49 09:38:49 09:38:52 09:38:55 09:38:58 09:38:59 09:39:02 09:39:06 09:39:07 09:39:08 09:39:10 09:39:11 09:39:15 09:39:18 09:39:18 09:39:19 09:39:32 09:39:36 09:39:36 09:39:38 09:39:40 09:39:41 09:39:42 09:39:46
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.
In the memo section, it references a sweeper and
a mixer. Q. A. Q. A. Q. A. Q. A. Q. A. Q. All right. And the date of the check?
September 29th, 2005. And was there a posting at about the same time? Yes. When was the posting actually set up? The posting went up September 29th, 2005 as well. Same date as the check? Same date as the check. And what was being posted? A Dyson vacuum. All right. Same deal, an electronic transmission
from Kansas to California to get this in the eBay system for sale? A. Q. Absolutely. Now getting a little more complicated. There are
two counts listed on Government's Exhibit 221. A. Q. A. Q. A. Q. Yes. All right. The first count is what?
The first count is Count 14. And the second count? Count 18. And Count 14 is an allegation of a violation of
the wire fraud statute, correct?
09:39:48 09:39:48 09:39:50 09:39:51 09:39:51 09:39:55 09:39:55 09:39:58 09:40:02 09:40:05 09:40:08 09:40:09 09:40:11 09:40:13 09:40:15 09:40:19 09:40:21 09:40:26 09:40:27 09:40:33 09:40:37 09:40:37 09:40:39 09:40:40 09:40:41
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
A. Q.
Correct. Just like the rest of these that we've all ready
talked about? A. Q. count? A. Count 18 is a money laundering count that is Yes. And then Count 18, what's the allegation in that
based on the predicate offense here of wire fraud. Q. fraud. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Let's talk about the predicate offense, the wire We have Michael Aldridge and Bradley Byrne? Yes. Correct? But who's the check written to?
This particular check is written to Mr. Byrne. All right. Does it say what it's written for?
Says fish finder. All right. And how much?
215 -- I'm sorry, $275. Is there a date on that check? Yes, it looks like 10/26/05. All right. Yes. Relating to this fish finder? Yes. And what was that? Again, you have the I P address showing the Now, there's an eBay posting?
09:40:44 09:40:46 09:40:52 09:40:56 09:40:58 09:40:59 09:41:02 09:41:02 09:41:03 09:41:07 09:41:08 09:41:10 09:41:13 09:41:14 09:41:18 09:41:23 09:41:34 09:41:39 09:41:39 09:41:39 09:41:41 09:41:42 09:41:42 09:41:45 09:41:46
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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 right. And by the defendant, or by her
husband? A. Q. Her husband. All right. And who signed this check,
Government's Exhibit 14.1? A. Q. A. Q. It's signed by Miss Carrie Neighbors. All right. Correct. -- account. All right. And Government's But it's put on her husband's eBay --
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. Q. Correct. And that would have been received in the state of
California? A. Q. Correct. And that's -- so, it's another interstate wire
transmission? A. Absolutely.
09:41:47 09:41:48 09:41:48 09:41:52 09:41:56 09:41:58 09:42:01 09:42:06 09:42:09 09:42:12 09:42:16 09:42:19 09:42:22 09:42:29 09:42:33 09:42:38 09:42:41 09:42:45 09:42:47 09:42:49 09:42:52 09:42:53 09:42:53 09:42:58 09:43:01
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Q. A. Q. A. Q. A. Q.
To get the property sold? Yes. All right. And who bought that item?
A Mr. Robert Jeff Redden, R E D D E N. All right. And how much did he buy that for?
Purchase price of $310. All right. And next is Government's Can you explain
Exhibit 14.3, and it relates to PayPal.
to the jury what kind of information you were able to obtain from your review of the PayPal records? case, Government's Exhibit 14.3? A. As a result of this sale, a review of the PayPal In this
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. Q. Correct. All right. And then there's another PayPal
number here, another PayPal piece of information, and that came from Government's Exhibit 18.3. Would you
09:43:06 09:43:09 09:43:14 09:43:16 09:43:19 09:43:24 09:43:26 09:43:28 09:43:31 09:43:34 09:43:36 09:43:36 09:43:38 09:43:42 09:43:44 09:43:48 09:43:53 09:43:55 09:43:55 09:43:58 09:44:00 09:44:00 09:44:06 09:44:08 09:44:09
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tell the jury what information was contained in Government's Exhibit 18.3 relevant this count, Count 18? A. Basically, this is the information showing the
transfer of the money that was earned from this sale from PayPal to Guy and Carrie Neighbors' personal account where it was co-mingled. Q. A. Q. Let me stop you. How much was transferred?
The amount of the transfer is $900. But your review of the record shows that part of
that $900 was this 325? A. Q. A. 0223. Q. And then did you check -- did you review the That's correct. All right. And it went to what bank account?
It went to their Commerce Bank account ending in
actual account statement for that account for November of 2005? A. Q. Correct. And that would have been the information that was
in Government's Exhibit 18.1? A. Q. Yes. And does Government's 18.1 show that that
transfer was actually received in their bank account? A. Q. Yes. All right. And when was it received at the bank?
09:44:11 09:44:14 09:44:17 09:44:19 09:44:19 09:44:23 09:44:26 09:44:27 09:44:30 09:44:30 09:44:30 09:44:33 09:44:35 09:44:41 09:44:43 09:44:48 09:44:52 09:44:55 09:44:57 09:45:00 09:45:03 09:45:05 09:45:08 09:45:10 09:45:11
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A. Q.
It was received at the bank 11/14 of 2005. And it's the same $900 that's reflected in
Government's Exhibit 18.3? A. Q. Yes. All right. It went into the bank account ending
in 0223 at Commerce Bank? A. Q. Yes. And that is an account held jointly by Guy and
Carrie Neighbors? A. Q. Yes. Now, you just mentioned the word co-mingling.
What do you mean by co-mingling? A. Basically -- well, it kind 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. A. Q. All right. Correct. Okay. That we know is dirty money because we And the dirty money is this 325?
09:45:13 09:45:18 09:45:18 09:45:21 09:45:23 09:45:23 09:45:26 09:45:32 09:45:38 09:45:41 09:45:45 09:45:47 09:45:51 09:45:54 09:46:00 09:46:02 09:46:08 09:46:09 09:46:09 09:46:13 09:46:16 09:46:16 09:46:17 09:46:20 09:46:21
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know where the -- what item was sold to get that 325? A. Q. Right. All right. And it gets co-mingled with the money
that's all ready in their bank account? A. Q. Yes. All right. And what affect does the co-mingling
have on whether or not there are then proceeds from this Count 14 from the wire fraud in their bank account? A. Umm, well, it kind of helps to think of it as if
you took a glass of clean water and a glass of dirt and you mixed the two together, is it now half clean and half dirty or is it all dirty, and in this case, once you mix this together, the proceeds that come out as you see here are -- are what we are referencing to as involve funds from this transaction. Q. And so, this $900 transfer happened on November
the 14th of 2005? A. Q. Correct. Then were some of the proceeds here that had been
co-mingled used to purchase other property by Carrie Neighbors? A. Q. A. Q. Yes. And that would be found in Check 18.2? Yes. And what was the date of that check?
09:46:22 09:46:26 09:46:29 09:46:32 09:46:33 09:46:33 09:46:35 09:46:37 09:46:38 09:46:41 09:46:42 09:46:44 09:46:49 09:46:53 09:46:58 09:46:59 09:47:01 09:47:04 09:47:08 09:47:09 09:47:09 09:47:12 09:47:16 09:47:20 09:47:22
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A. Q.
The date of this check is 11/14 of 2005. All right. So, the same day this money comes in,
that money is then in the bank to cover the check written that very same day? A. Q. A. Q. A. Q. A. Q. Yes. And who is it written to? It's written to Norma Payne. And what was it written for? It says here, I believe that's a laptop. And how much money was that? $250. All right. And so, some of the proceeds from the
sale of the fish finder was used then to purchase new merchandise for Carrie Neighbors to sell either in her store or on line? A. Q. Yes, to continue or promote. And does that purchase of new material to sell,
new items to sell, facilitate the wire fraud scheme? A. Q. A. Absolutely. How? Because it's -- if you think of it in business When you have
terms, she's basically re-stocked.
inventory, as you sell the inventory, you bring new inventory in. In this case, the promotion or -- as you
referred to it as facilitation is the fact in order to
09:47:25 09:47:28 09:47:34 09:47:37 09:47:38 09:47:41 09:47:47 09:47:50 09:47:50 09:47:50 09:47:51 09:47:58 09:48:01 09:48:03 09:48:05 09:48:06 09:48:09 09:48:09 09:48:10 09:48:14 09:48:16 09:48:16 09:48:18 09:48:21 09:48:22
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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, it'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. Q. A. Q. A. Q. A. Q. Yes. At least in part? In part. What is the number on this exhibit? Exhibit 222. All right. Count 15. All right. Now, there's just one count on this And this relates to which count?
chart, correct? A. Q. Yes. All right. And it relates to Government's
Exhibit 15.2. A. Q. A. Q. A. Yes.
There was a check written, correct?
And what was the date of the check? 11/5/2005. And who was it written to? Mr. James Ludwig.
09:48:23 09:48:25 09:48:25 09:48:27 09:48:27 09:48:28 09:48:31 09:48:32 09:48:35 09:48:38 09:48:38 09:48:41 09:48:44 09:48:45 09:48:46 09:48:48 09:48:49 09:48:54 09:48:54 09:48:57 09:49:00 09:49:00 09:49:00 09:49:01 09:49:02
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Q. A. Q. for? A. Q. to buy? A. Q. A. Q. A.
And his picture appears here? Yes. All right. And how much was the check written
$200. All right. And what does it say it was written
In the memo section, it states mixer. Okay. Yes. And what was the date of the eBay posting? The date of the eBay posting in this case is And then was there an eBay posting?
November 5th, 2005. Q. A. Q. A. mixer. Q. All right. And again, that posting originated Same day the check was written? Same day the check was written. And what was posted? They posted a Kitchen Aid Professional 600 series
from the state of Kansas and was received in the state of California? A. Q. A. Q. Yes. Somebody buy it? Yes. What did -- who bought it?
09:49:04 09:49:08 09:49:11 09:49:13 09:49:13 09:49:17 09:49:18 09:49:20 09:49:23 09:49:27 09:49:27 09:49:38 09:49:39 09:49:44 09:49:44 09:49:45 09:49:47 09:49:47 09:49:51 09:49:54 09:49:57 09:49:59 09:50:02 09:50:04 09:50:05
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.
Mr. Sam Davison, D A V I S O N, purchased it on
the 11 -- I'm sorry, on November 8th, 2005. Q. for? A. Q. A. Q. The gross purchase price was $320. And how much did she pay for it? Shows here she paid $200. And again, this was an electronic transmission in All right. And how much did she sell that item
furtherance of the scheme to sell things on eBay? A. Q. A. Q. act? A. Q. act is? A. An overt act is -- as far as when there is a Yes. All right. And would you explain what an overt Yes. Government's Exhibit 222? 209. 209. Oh, all right. This relates to an overt
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 right. So, this is not charged as a count,
but it's charged as an overt act in furtherance of the conspiracy? A. Yes.
09:50:05 09:50:09 09:50:13 09:50:13 09:50:14 09:50:16 09:50:19 09:50:21 09:50:23 09:50:25 09:50:26 09:50:37 09:50:39 09:50:42 09:50:47 09:50:49 09:50:49 09:50:50 09:50:53 09:50:53 09:50:54 09:50:55 09:50:55 09:50:58 09:51:00
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 to?
Q.
Correct?
And that overt act is -- starts with
Government's Exhibit 2.1 which is a Check Number 1037, correct? A. Q. A. Correct. And who signed that check? This check appears to be signed by -- I'm sorry,
is signed by Guy Neighbors. Q. A. Q. A. All right. $150. And what was it written for? It says in the memo section here computer. Oh, And what was the amount of the check?
I'm sorry, computer monitor. Q. A. Q. Okay. And it was -- the date of that check?
And the date of that check shows 1/23/04. All right. And then it has a picture of Michael
Aldridge? A. Q. Yes. All right. And is that who the check was written
A. Q. A. Q. A.
Yes. And signed by Guy Neighbors? Yes. And then was that posted on eBay? Yes. You have the same information with the I P
address referencing the electronic transaction start
09:51:03 09:51:09 09:51:10 09:51:12 09:51:12 09:51:13 09:51:15 09:51:26 09:51:28 09:51:28 09:51:29 09:51:31 09:51:32 09:51:32 09:51:35 09:51:40 09:51:44 09:51:45 09:51:47 09:51:49 09:51:50 09:51:52 09:51:55 09:51:58 09:51:58
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date of January 24th, '04, and seller being Bargain Guy 44 screen name used. Q. So, this was posted a day after the check was
written? A. Q. Yes. All right. And the stipulation 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. Q. Yes. So again, the transmission would have been from
Kansas to California? A. Q. A. Correct. All right. Did somebody buy that?
Yes, it was purchased by Mr. Andy Sheldon, S H E
L D O N, on January 29th, 2004. Q. A. Q. How much? The gross purchase price being $400. All right. When you say gross purchase price,
what do you mean? A. By that, I simply mean this is what he paid for There may be some additional charges tacked
the item.
on later, as you see there for shipping and taxes, etcetera. Q. And he paid $400 for a computer that Guy
09:52:02 09:52:04 09:52:04 09:52:08 09:52:11 09:52:15 09:52:20 09:52:24 09:52:25 09:52:27 09:52:28 09:52:34 09:52:39 09:52:40 09:52:40 09:52:43 09:52:48 09:52:53 09:52:57 09:53:02 09:53:04 09:53:06 09:53:09 09:53:12 09:53:15
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
Neighbors bought for $150? A. Q. Yes. All right. 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. A. Q. How about shipping? Shipping would be one of the fees. Okay. And then the next exhibit is PayPal And it's marked 16.3 because this relates
Exhibit 16.3. to Count 16? A. Q. A.
That's correct. All right. And what did that exhibit show?
Basically, this 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 that exhibit? A. This basically confirms the receipt of this
transfer, and that's an exhibit -- a bank statement from Intrust Bank, the recipient bank.
09:53:18 09:53:20 09:53:21 09:53:21 09:53:26 09:53:32 09:53:36 09:53:37 09:53:40 09:53:45 09:53:46 09:53:49 09:53:53 09:53:54 09:53:54 09:53:57 09:54:01 09:54:01 09:54:05 09:54:08 09:54:10 09:54:13 09:54:14 09:54:17 09:54:23
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Q. 4286? A. Q.
All right.
And that shows it went into Account
Correct. All right. And it'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. Q. Yes. All right. And then the date that that was
actually received and available for use by the bank account owners was what date? A. Q. February 5th, 2004. Again, were these funds co-mingled with money
that was all ready in there? A. Q. Yes. All right. And then we have Government's
Exhibit 16.2. is? A.
Would you tell the jury what that exhibit
This is a check written by the defendant Carrie
Neighbors to Mr. Jim Ludwig for a tool set. Q. A. What was the date on that check? The date of this check is February 12th, 2004 in
the amount of $500. Q. All right. And so, within a week of receiving
this $700, which included $430 of what we're calling the dirty money?
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A. Q.
Yes. That money was then -- part of that money was
used to fund this check? A. Q. Yes. All right. What was that check -- the amount of
that check? A. Q. A. Q. $500. All right. And it was written by whom?
It was written by the defendant Carrie Neighbors. And would you tell me again what that was -- what
the memo section says she purchased from Jim Ludwig? A. Q. A tool set. All right. And again, is that an instance where
the defendant was purchasing more items to sell as part of her wire fraud scheme? A. Q. to -A. Q. A. Q. Yes. -- commit wire fraud? Yes, it did. Let me just -- I'm not sure if I have read the Absolutely. And did that facilitate or promote the scheme
stipulation that indicates that this I P address 65.68.101.14 is an AT&T internet provider number that originates in Kansas.
09:55:29 09:55:29 09:55:38 09:55:40 09:55:43 09:55:43 09:55:44 09:55:48 09:55:50 09:55:50 09:55:53 09:55:57 09:56:01 09:56:02 09:56:06 09:56:07 09:56:10 09:56:11 09:56:12 09:56:15 09:56:15 09:56:17 09:56:18 09:56:21 09:56:24
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A. Q. A. Q.
Correct. Finally, what's the government's exhibit here? Exhibit 217. All right. And again, this relates to an overt
act, correct? A. Q. Yes. And it also relates to the money laundering count
in Count 17? A. Q. Yes. All right. Let's talk about the overt act.
Government's Exhibit 10.1 is a check to whom? A. Q. A. Q. A. Q. A. Q. This check is to Mr. Travis Kaiser, K A I S E R. What's the date? The date of the check is August 22nd, 2005. What's it for? And it's in the amount of 300. Yeah. The amount of $300. And what item does the memo section indicate was What's --
being purchased? A. Q. A. Q. eBay? Yes, vacuum. All right. And who signed that check?
That check is signed by Mr. Guy Neighbors. All right. And then was this item posted on
09:56:24 09:56:25 09:56:29 09:56:34 09:56:38 09:56:41 09:56:42 09:56:42 09:56:45 09:56:45 09:56:49 09:56:54 09:56:54 09:56:55 09:56:56 09:56:59 09:57:01 09:57:05 09:57:07 09:57:09 09:57:09 09:57:13 09:57:15 09:57:16 09:57:19
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A. Q. A. Q.
Yes. And what's the I P number? 6893195176. All right. And under Government's Exhibit 101,
that is yet another number provided by AT&T internet services? A. Q. A. Q. Yes. That is located in the state of Kansas? Correct. So, a transmission to or from that number, to or
from California would be an interstate wire -A. Q. A. Q. -- transmission? Uh-huh. Absolutely be. I'm sorry, yes, transmission. All right. And
what was actually advertised? A. Here, they're putting up for sale a Kirby
Ultimate G series vacuum. Q. What was the date of that check, Government's
Exhibit 10.1? A. Q. The date of the check was August 22nd of '05. What's the date of the start date for that
auction? A. Q. And the date of the posting is August 23rd, 2005. All right. And did somebody buy that?
09:57:21 09:57:23 09:57:26 09:57:27 09:57:30 09:57:31 09:57:32 09:57:37 09:57:43 09:57:44 09:57:48 09:57:53 09:57:53 09:57:56 09:58:01 09:58:03 09:58:03 09:58:04 09:58:08 09:58:12 09:58:15 09:58:17 09:58:19 09:58:25 09:58:29
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A. Q. A. Q.
Yes, it was purchased by Miss Judy Black. And how much did she pay for that item? $720. And how much did Guy Neighbors pay to buy it from
Travis Kaiser? A. Q. 300. All right. And then were the proceeds that were
sent by Judy Black to buy that $720 vacuum then put in Guy Neighbors' PayPal account? A. Yes. As it shows here, once again his PayPal
account was credited $755 for that sale of 720, the difference being whatever shipping and other fees were tacked on. Q. And then were the funds from the -- from Guy
Neighbors' PayPal account then transferred? A. Q. A. Yes. Where? It shows here that on August 27th, $1500 was
transferred from the PayPal account to their -- Guy and Carrie Neighbors' bank account in Intrust Bank, account ending in 4014. Q. All right. And then Government's Exhibit 17.1
shows that on August the 29th, two days later, 2005, these funds were available for whatever use Guy and Carrie Neighbors wanted to make of them?
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A. Q.
Correct. All right. And again, that went into bank
account -- Intrust Bank Account 4014? A. Q. Yes. All right. And we have another check here, 17.2.
Do you see that? A. Q. A. Q. A. Q. A. Q. Yes. All right. And who was that written to?
That was again written to Mr. Travis Kaiser. For what? And it states here that this was for a -Range and stove hood? Range and stove hood, yes. All right. And again, this would have been
property that would have been inventory for Guy or Carrie Neighbors to sell in their store? A. Q. That's correct. All right. And these -- this $1500, was that
co-mingled with other funds in the account? A. Q. Yes, it was. And then it was available to cover this check the
date that check was written? A. Q. A. Yes. And that check was written when? That check was written September 1st, 2005.
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Q. A. Q. Kaiser? A. Q.
Two days after this $1500? Yes. All right. And again, it was written to Travis
Yes. And did the purchase of the range hood and the
stove promote or facilitate the wire fraud scheme? A. Q. A. Yes, it did. How? Because it -- once again, it gave him more
inventory to sell, inventory that was purchased from proceeds from the original SUA or wire fraud. Q. I think we've covered all 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: MR. DUMA: THE COURT: testify? MS. PARKER: THE COURT: No. At this time are you asking that Cross-examination? No questions, Your Honor. Was the witness subpoenaed to
he be excused from the witness stand? MS. PARKER: THE COURT: Yes, sir. Any objection?
10:00:30 10:00:31 10:00:33 10:00:34 10:00:35 10:00:37 10:00:39 10:00:41 10:00:41 10:00:43 10:00:46 10:00:51 10:00:55 10:00:58 10:01:01 10:01:04 10:07:06 10:07:07 10:07:09 10:07:12 10:07:18 10:07:26 10:07:26 10:07:28 10:07:32
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 courtroom.
MR. DUMA: THE COURT: witness stand.
No objection. Sir, you are excused from the
THE WITNESS: THE COURT:
Thank you. You are free to go and leave the
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. And Your Honor, that is the Before we actually pass the
government's last witness.
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: MS. PARKER: Please do so. 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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there's any motions any of the parties care to make regarding the government's case? MR. DUMA: Judge, the defense would move
to -- for a directed verdict of not guilty as to all counts, as there is insufficient evidence. I think
specifically, the counts relating to Norma Payne and Bradley Byrne, both of those people specifically testified that Miss Neighbors had no knowledge whatsoever that the property was stolen. And that was
never overcome by any other sort of circumstantial evidence, as far as the defense is concerned. Was there
one count that the government had acquiesced on? MS. PARKER: Overt act 17. Yeah, we're not We didn't have
going to ask that that be instructed on. any evidence of that.
So, we have no objection to the
court dismissing overt act 17 as it relates to Carrie Neighbors. I believe the circumstantial evidence,
however, as it relates to Norma Payne's sales and Bradley Byrne's sales is sufficient. The reasonable
inferences are from the type and the quantity of items that they were selling regularly to her and from Miss Payne's statement after she was played her interview where she said, well, yeah, everything I told the officer was true, and in that, she said she believed Carrie Neighbors knew that the items were stolen. I
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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: MR. DUMA: THE COURT: Anything else? No, thank you. 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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government has indicated that it intends to withdraw at this time overt act 17 and is not intending to have that presented to the jury. So, that is noted for the
record, and in regards to that overt act -MS. PARKER: in Paragraph 17. And I would just clarify. It's
I'm not sure if it's got its own
number, but it's the overt act in Paragraph 17. THE COURT: Thanks for the clarification. Anything else from
That's noted for the record. counsel?
What I would do is then tell the jury then
that at this point, the government has presented their evidence in their case-in-chief, and then I'll ask in front of them whether or not defendant intends to present any evidence. MR. DUMA: THE COURT: I can't hear you. I'm sorry. I'm sorry.
I said that what I
would do at this time is tell the jury that the government has submitted their evidence in their case-in-chief, and then I'll ask you, does the defendant have any evidence it intends to present. MR. DUMA: Your Honor. THE COURT: them forward. And then I'll ask you to call I'll ask if I do have one very short witness,
We'll take up that witness.
the government has any rebuttal evidence, and depending
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on how that goes, if not, at the conclusion 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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depending on what we can agree to.
If we could have
maybe two minutes to see kind of what the government's witnesses found out while we were -- Agent Herron was testifying? THE COURT: now? MR. DUMA: THE COURT: That would be great. Okay. Thank you. Do you want to go do that right
(Proceedings continued at the bench, outside the hearing of open court.) MR. DUMA: information. Judge, we've found the
I'm going to just get up and say the
parties have stipulated that we have found a conviction of Tony Reyes for non-support of a child or a spouse, a felony, in which he was convicted May 16th, 2007, and that's all I'm going to say. THE COURT: MS. PARKER: THE COURT: MR. DUMA: should take 10 minutes. THE COURT: Okay. All right. Well, that Okay. We have no objection. And your witness, who is it? Lois Jackson. I mean, her direct
will be our plan right now. Thank you. MR. DUMA:
We'll see how it goes.
All right.
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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 At this
government has rested in their case-in-chief.
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 jury 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: Lois Jackson. Your Honor, I have a witness,
I'll go out in the hallway and get her. Just stop right
Just kind of walk up here and stop.
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here, and she'll swear you in. THE COURT: Please raise your right hand.
(Witness sworn.) THE WITNESS: THE COURT: witness chair. I do. Please take your seat in that If you
Be careful as you get up there.
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: THE COURT: your name. THE WITNESS: THE COURT: THE WITNESS: THE COURT: Lois Jackson. Please spell your name. L O I S. Thank you. LOIS JACKSON, Called as a witness on behalf of the defendant having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MR. DUMA: Q. Miss Jackson, you've stated your name is Lois J A C K S O N. Mr. Duma. Okay. Have you start with you stating
Jackson, correct? A. Q. Right. And there's been evidence that you are Carrie
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Neighbors' mother, correct? A. Q. Yes, I am. All right. Miss Jackson, are you currently
living in Lawrence, Kansas? A. Q. Kansas? A. Q. Since '97. All right. And was there occasion that you would Yes, I do. All right. How long have you lived in Lawrence,
have to go to the Yellow House Store? A. Q. Yes. Can you tell the jury -- and by now, I'll just
let you know, they've heard a lot about what the Yellow House is, but just briefly tell 'em what the Yellow House Store is? A. It's a secondhand appliance store with a lot of
miscellaneous things. Q. All right. Is that something that your daughter
and her husband Guy run? A. Q. Yes, they do. All right. What would -- what would be the
occasion that you would have to go to that store? A. Well, I just went in order to keep my daughter
company and to help her. Q. All right.
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A. Q.
I was retired, so -All right. So, were you an actual employee of
the store? A. Q. A. Q. No. Did you get paid any money for working there? No. All right. You were there just to help out your
daughter? A. Q. Right. All right. Now, were -- were you sometimes there
when people would bring stuff in to sell to Carrie? A. Q. assume? A. Q. A. Q. A. Q. Yes. Not all of 'em, right? Right. And -Some. And were you there every single day, were you Yes. And you would see those transactions, I would
there -A. Well, it depends on the time period, but no, not
everyday, I don't think ever, so -Q. A. All right. But often.
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Q.
But would you -- on an average during the period
of time that you were there, would you say that was what would be three, four times a week? A. Q. Probably. All right. Do you know a person by the name of
James Ludwig? A. I've met him. MR. DUMA: and -THE COURT: MR. DUMA: MS. PARKER: easel? MR. DUMA: up one at a time. BY MR. DUMA: Q. Now, this is an exhibit that's been previously You see the person -Is that who No, I'm just going to hold them Yes. Thank you. Mr. Duma, do you want the Your Honor, may I please go back
Thank you very much.
marked as Government's 130.
there's a person here named James Ludwig. you recognize as James Ludwig? A. Q. It looks like him, yes. All right.
And could you please tell the jury
what you observed Mr. Ludwig do when he would bring stuff in to -- to purchase or to sell to Yellow House? A. He would just come in and speak to Carrie and
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tell her what he had gotten through the day that he'd like to sell, what he had bought during the day. always said he had bought it. Q. All right. Did he mention prices, what he paid He
for the property? A. Yes, he would tell her how much he had invested
in it and how much he had to have out of it. Q. Okay. And did Mr. Ludwig ever come with anybody
else to Yellow House? A. Q. He came with his wife. All right. Did you become friendly or
conversational with his wife? A. Yes, she always was very friendly. We would talk
about family and things, yeah. Q. All right. Mr. Ludwig would have come into the
store on very infrequently, or a lot, or how often would he come in there? A. Q. Quite often. All right. And how often when he would come in
there would his wife come with him? A. Q. Most of the time. She would -- she would actually come in the store
and talk to you? A. Q. Yes. Yes. Now, you said that he always said he
All right.
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bought the -- the property that he was bringing in and that he would mention a price. that price? A. for it. Q. All right. So, as he was negotiating with your Because he'd say he had to have a certain amount Why would he mention
daughter to sell it to him, he would say, I bought it for a certain amount, I've got to have more than that to make any money? A. Q. Right. Uh-huh. Now, would you have observed
All right.
Mr. Ludwig every single time he came in that store? A. Q. I don't know that. Would you have observed him quite often when he
came in the store? A. Q. Often, yes. All right. And was it pretty much the same thing
every single time? A. Q. Pretty much, yes. With he would always mention that he'd purchased
it and how much he paid for it? A. Q. Right. All right. Did -- would you say that most of the
time, his wife came in the store with him? A. Most of the time.
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Q.
All right.
Was there anything that you ever
heard Mr. Ludwig -- that he said that would indicate to you that -- and I'm talking about just what he said -that would indicate to you that he was -- he was somehow bringing in stolen property? A. Q. A. Q. A. Q. A. Q. No. Okay. Lewis Parsons. You know that person?
Yes, I do. You see his picture here? Yes, I do. Is that him? Yes, it is. All right. Were you ever in the store when Lewis Uh-huh.
Parsons would come in? A. Q. A. Yes, I was. Can you describe that for the jury please? Well, he would -- he always came in, and he was
always complaining that he was in pain, and so, his wife would come with him and help him carry what he had in for him. Q. All right. Would you hear him when he sold stuff
to Carrie what he would say to her? A. Q. A. Not everything, but I was there, yeah. And what would you hear him say? He always gave her a list of how much he had paid
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for what he was bringing in. Q. Okay. And what was the purpose for him giving
her that list? A. So that he would let her know how much he had to
have for it. Q. Okay. Would you say Mr. Parsons came in on a
fairly regular basis? A. Q. Yes. All right. And of the times that you saw him
come in there, would you say his wife came in with him most of the time? A. Q. I think so, yes, always. Now, what about his -- did he have any other
children that ever came in with him? A. I think once or twice, I might have seen an older
son, but I didn't really know who he was at the time. Q. Now, when Mr. Parsons came in, was he
conversational with you? A. Q. you? A. She was rather quiet. She'd say some things, Not so much. Okay. Was he -- was his wife conversational with
but, yeah. Q. All right. But when -- on the occasions that you
heard Mr. Parsons come in and sell stuff to Carrie, did
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you ever hear him say anything that would indicate that the property was stolen? A. Q. A. Q. A. Never, never. Did he ever appear like he was in a hurry? No. Just kind of came in and -Just standing -- they'd always visit a little
bit, small talk. Q. All right. Now, do you know Stacy
Barnes-Catlett? A. Q. A. Q. I've met her, yes. Do you know who she is? Yes, I do. All right. I don't know if you'll recognize this
picture or not? A. Q. A. Q. Yeah. Is that a person you think it is? Yes. Is that Stacy Barnes-Catlett? Were you ever in
the store when she came in? A. Q. jury? A. Well, through a long period of time, different Yes. Okay. Could you please describe that for the
things, but she would come in, and the last I remember
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was that she always -- excuse me -- she had a -- a job, and she was cleaning out apartments and doing some kind of construction work, and they would -- this was mostly for student housing, they would find things that students had left behind, and that her employer would tell her she could have 'em, and she'd bring that stuff in and try to sell it. Q. All right. Now, was there -- to your knowledge,
was there a time that Miss Barnes-Catlett was banned from the store? A. Q. Yes. Do you know how many -- how long that period
would have been? A. I don't know the exact time, but a couple years,
several years maybe. Q. A. Q. Who banned her from the store? Carrie. Okay. And after Miss Bartlett -- Barnes-Catlett
came back, what -- what did Miss Barnes-Catlett say to -- to get back in the store? A. She told Carrie that she had been converted, that
she was now a Mormon, that the missionaries had converted her, and her life was changed around, and she wanted forgiveness and wanted to be able to come back in.
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Q. A. Q.
And then did Carrie let her back in? Yes, she did. On the times that you heard Stacy Barnes-Catlett
sell property to Carrie, did you ever hear her say anything that would lead you to believe that the property was stolen? A. Q. Absolutely not. Did she always have an explanation as to where
she got property? A. Q. Yes. Okay. No further questions. THE COURT: MS. PARKER: Thank you.
Cross-examination? Thank you, Your Honor.
CROSS EXAMINATION BY MS. PARKER: Q. A. Q. Miss Jackson, we've never met, correct? Except in seeing you at a distance, yes. So, if I ask you a question that either you can't
hear me because I'm talking too fast or you don't understand it, just ask me to repeat it, okay? A. Q. Okay. I want to go back -- start where you left off You said that there was a
with Stacy Barnes-Catlett.
period of time where Miss Catlett was barred from the store?
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A. Q. A.
Yes. Why? Because she had -- I'm not sure exactly what, but She had actually
she had done some things in the store.
been working, and I think she had -- I don't know if she stole something, something that was done that Carrie decided that she didn't want her to come in anymore. Q. A. that. Q. Do you remember a time when there were search When was that? I don't know the exact date. I can't remember
warrants served at your daughter's house and at the Yellow House Store? A. Q. Yes, I do. All right. Was Stacy Barnes-Catlett banned at
that time? A. Q. that? A. Q. I really don't remember the time-frame on this. And do you know for a fact that Stacy I don't remember. I don't know.
Could she have been banned a long time before
Barnes-Catlett was banned, or could she not have come in the store because she was in jail? A. That was not the reason, but she might have been
in jail, but no, that was not why she was not coming in,
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I mean. Q. Well, let me ask you this. Do you know when she
was in jail? A. Q. No, I don't. Do you know when she was banned from the store --
banned is your word -- do you know when she didn't come into the store? A. Q. A. Q. You want a date? Yes, please. I really don't know. All right. So, you don't know from your own
personal knowledge if she wasn't coming in the store because she was in jail, isn't that right? A. She was -- she might have been in jail, but she
was also banned from the store. Q. Of course, anybody who's in jail would be banned
from the store, right? A. But I think she was out part of that time, maybe
all of it, I don't know. Q. But your daughter had been dealing with Stacy
Barnes-Catlett for many years, right? A. Q. Quite a few. All right. In fact, Stacy Barnes-Catlett first
met your family when she was teaching your granddaughter how to sew. You remember that?
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A. Q.
I have -- I don't know that. But you know that she dealt with Carrie and
brought her things in for a long time, correct? A. Q. Pretended to be her friend, yes. Well, you know that she brought things in and
sold them to Carrie for a long time? A. No, I don't know. I don't know that she was I
doing that earlier.
I -- I don't really know that.
wasn't in there everyday, so -Q. Okay. So, you weren't in there everyday. And
when did you start going there regularly? A. Umm, I think it was -- I may have the date wrong,
but it was when Carrie's husband opened the store in Topeka, and I think it was like 2004. Q. All right. But you knew Stacy Barnes-Catlett
before 2004, right? A. Q. Yes. All right. And did you know her from her
association with the Yellow House Store? A. Q. That's the only place I ever saw her. Lewis Parsons. You said that he came in
regularly, and he brought his wife who carried things in for him. A. Q. Did I understand that correctly?
Yes. So, about how often would you see him in the
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store in a week? A. often. Q. All right. Did you see him come in more than I don't know. He was often. I don't know how
once a day sometimes? A. Q. Oh, I don't think so. I don't remember that.
But you remember that when he came in, he often
had his wife come and carry the items that he was selling? A. Q. Yes, he was in pain, he said, so -All right. So, you could see the items that
Mr. Parsons was bringing in regularly, 'cause you could see his wife carry them in? A. Q. Right. Now, I want to -- if you look at the -- the
monitor there on your right, I want to show you a summary chart from Government's Exhibit 118, and I will tell you that this summary chart has been identified as a chart that records all the checks between January of 2004 and December of 2005 that were written from checking accounts owned by Guy or Carrie Neighbors. Okay? that. And here, I'm going to let you take a look at You were in the store often when checks were
written, correct? A. Sometimes, yes.
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Q.
And you sometimes actually wrote the checks and
gave them to Carrie to sign? A. Most -- not very often, no, I wouldn't -- no, no,
I didn't do that. Q. A. But you did that sometimes, didn't you? When she was very busy, I might have filled in a
name or something, but I didn't write out the check. Q. A. Q. A. Q. But you knew she wrote checks? Yes. And you knew Guy wrote checks? Not during that time. Well, but when you knew -- when you saw him
paying for anything, it was generally by check? A. Q. Most of the time. All right. And so, when these -- many of these
checks were written, would have been written when you were in the store and Mr. Parsons and Mrs. Parsons were there, right? A. Q. Yes. Okay. Now, let's look at -- and I'm going to go
across the top of this, what's visible here on this summary chart, and this shows the first check for Mr. -to Mr. Parsons was on January the 5th of 2004. And
you've stated that you started going into the store in 2004, correct?
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A. Q.
Umm, yes. All right. So -- and -- and you were there often
enough to know how Carrie Neighbors wrote her checks, correct? A. Q. You watched her do it?
Well, yes. And you watched her put down in the memory
section the items that she was buying from the person who was selling it, right? A. Q. I didn't look at the checks. No, I understand that. But you know from being
there and knowing how the store operated that she did record in the memo section what she was buying? A. Q. I don't know that. All right. I'm not sure.
If -- look at that first check there See that first check there?
in the book. A. Q. A. Q. Yes.
See that?
Who signed that? Carrie Neighbors. All right. And is there something written in the
memo section there? A. Q. A. Q. A. Lewis. Says Lewis. And is that in Carrie's handwriting?
All right.
I'm not an expert, but it looks like it sure -You recognize your daughter's handwriting? -- could be.
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Q.
So, would that tell you then that the information
in the memo portion of that check was written by Carrie Neighbors? A. Q. A. Q. I don't know that for a fact. Looks like her handwriting, right? Well, could be. Let's just go to another check. This one is
Check Number 12921. A. Q. check? A. Q. A. Q. Tools. All right. Uh-huh. -- Parsons.
Do you see that made out to --
What's in the memo section of that
And who signed that check?
Carrie Neighbors. All right. And it looks like her writing in that
memo section, doesn't it? A. Q. A. Q. Could be. No reason to doubt it's hers, do you? No, huh-uh. Did you ever see anybody else besides you and
Carrie Neighbors write checks on her checking account? A. Q. No. So, I will tell you that it has all ready been
established that on the screen -- this summary chart on the screen, this summary chart here, this very last
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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
column is the memo section from those checks that are in that book in front of you, Government's Exhibit 118. Here, might be easier -- let me give you this summary. I have a copy of it. It might be easier for you to read
if I put it back in the book, or you can have it out, whichever you prefer. Now, do you see on that very last
column of the summary for Government's Exhibit 118, there's all kinds of things that are noted there, correct? A. Q. Right. And if you get down about halfway -- a little bit
more than halfway up, all the way down, over and over and over again, there is a notation in the memo section of those checks of tools. A. Q. Yes. And does that refresh your recollection about Do you see that?
what Mr. Parsons brought in to sell? A. Q. Could be, yes. Do you remember him bringing in tools almost
every time he came? A. He brought in a lot of things, but I don't know.
Possibly. Q. A. Does that mean -I mean, there was a lot of different things
coming and going in the store, so --
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Q.
Well, and I understand that.
I understand that
there were.
There was a lot of traffic in the store.
But if you take a look at some of these entries here, I'm going now to the entry where the check date is 5/5/05. Says tools. See that? And then immediately
below that is yet another check -- I'm sorry, those are the dates they cleared. 5/5 of '05 was the date that And
the first check was written, Check Number 12144. then again on 5/5 of '05, Check Number 12147 was written. A. Q. 47? Yeah, the check was written on 5/5/05. Do you see that?
Do you
see those two entries for 5/5 of '05? A. Q. Yes. Yes. And both of those checks were written
All right.
on the same day, correct; appear to be they're dated the same day? A. Q. A. Q. Could be, yeah. And they're both for tools? Right. Do you think you'd remember if you saw Lewis
Parsons come in two times in one day with tools to sell? A. Q. I'm not sure. All right. Maybe.
And see those big yellow boxes back
here in the back of the courtroom that says De Walt?
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A. Q. A. Q.
Uh-huh, yes. Was Mr. Parsons bringing tools like that in? I couldn't say for sure. I don't know.
But you said you were there two, three, four
times a week? A. Q. Yeah. Yes.
And often saw Mr. Parsons and his wife come in,
correct? A. Q. Yes. All right. And if I understand you correctly,
it's your testimony that Mrs. Parsons would lug in those big boxes of tools if Mr. Parsons had any De Walt tools to sell? A. Or -- yes. I really don't remember those big
yellow boxes. Q. A. things. Q. All right. So, if you don't especially remember Do you remember any tools? Not especially, but there are all kinds of
tools, you really can't say whether or not she carted in those boxes or not, can you? A. Q. No, I don't know if it was those boxes. Now, we really are going to have to share this
exhibit, because there were so many checks, we couldn't put it in a little red binder. Let me show you
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Government's Exhibit 124, and it's very much the same as Government's Exhibit 118, except in this case, Government's Exhibit 124 are checks that were written to Jim Ludwig, okay? And on top here is this -- is the
check summary that summarizes the checks that are in that exhibit, 124. Okay? And I'm going to ask you Now, you said that
about some of those checks.
Mr. Ludwig came in frequently, correct? A. Q. Yes. And he always brought his wife, or often brought
his wife? A. Q. Most of the time. All right. And describe for me if you would how
a transaction would work when Mr. and Mrs. Ludwig came in, what would happen? A. Q. They were always very friendly. Okay. They were friendly to you, and they were
friendly -A. Q. A. Q. Right. -- to your daughter? Uh-huh. All right. And then you and Mrs. Ludwig would
strike up a conversation? A. Q. Sometimes. Well, I thought you said --
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A. Q. you? A. Q. A. Q.
Most of the time. I thought you said that she frequently spoke to
Yeah. And you talk about family and things that -Right. -- you know, social friends would talk about.
And where would your conversations with Mrs. Ludwig take place? A. Q. At the front desk, front counter. Front counter. And so, you'd be talking to her, Did you talk about your
and visiting with her. children? A. Q. too? A.
Talked about her children. All right. Did you talk about your children,
Well, by then, my children were all grown.
I had
no children. Q. A. Q. But you had grandchildren? Umm, I'm not sure that that ever came into it. So, you didn't talk about your family. She just
would talk about hers? A. Just what -- what -- she knew Carrie was my
daughter, and we would just talk about whatever, the day.
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Q.
Visit about the weather, visit about a new
sweater? A. Q. A. Q. Yeah, small talk. Just chit chat? Right. All right. And while you and Mrs. Parsons -- I'm
sorry, Mrs. Ludwig were talking, Jim Ludwig and Carrie Neighbors were doing their negotiations on the property he brought in, isn't that right? A. Q. They were right there together. So, you're talking to Mrs. Ludwig, and your
daughter's talking to Jim Ludwig? A. I think the conversation was among the group, not
just one on one. Q. Okay. So, tell me about how Mrs. Ludwig would
talk about the price of the items that Mr. Ludwig was there to sell. A. What did she say about that stuff? Never heard anything like that. I
I don't know.
don't know what she said -Q. A. Q. A. Okay. Because she was --
-- to Carrie. She was talking to you about other things? And to Carrie. I mean, we would be a round
conversation. Q. And you saw them in there together often, is that
10:44:25 10:44:25 10:44:26 10:44:30 10:44:34 10:44:36 10:44:37 10:44:45 10:44:52 10:44:57 10:45:02 10:45:07 10:45:10 10:45:11 10:45:11 10:45:16 10:45:19 10:45:22 10:45:27 10:45:30 10:45:31 10:45:35 10:45:37 10:45:42 10:45:47
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your testimony? A. Q. Yes. Okay. And when they would come in, Mr. Ludwig
would have items to sell, correct? A. Usually, yeah, most of the -- I think probably
most of the time. Q. And let's look at some of the transactions that I'm putting I'm
Mr. Ludwig had with Carrie Neighbors, okay?
that -- you have the same summary that I have. going to put it on the overhead.
And again, we'll Again, Carrie
concentrate mainly in the memo section.
Neighbors is the one who wrote the checks to Mr. Ludwig, right? A. Q. Yes. And you never filled out anything in the memo
section, correct? A. Q. Not that I remember, no. And if there's notations in the memo section, it
would have been done by Guy or Carrie because that was their checking account, right? A. Q. It was their business, yes. Okay. Let's look at some of the items that
Mr. Ludwig -- about what percentage of time do you think Mrs. Ludwig came in with him? A. Most of the time. I don't know exactly.
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Q.
And if we look at this summary chart, this shows
that Mr. Ludwig was in the Yellow House Store just about every business day, right? A. Q. A. Q. A. Q. Could be. So, he was there a lot? Yes. Would you agree with that? Yes. All right. And you would have seen him yourself
there a lot? A. Q. Yes. And this shows again, starting on January the 8th
of 2004, there was a check written to Arlette Ludwig. Do you know who Arlette Ludwig is? A. I don't recognize the name. I don't know. Going to see if there's any other. On the I don't know the
name Arlette. Q. Okay.
third page, do you see two more instances of Arlette Ludwig's name appearing there as the payee of the check? A. Q. Yes. All right. Okay. Looks like about three times,
a check was written out to Arlette Ludwig, but you don't know who Arlette Ludwig is? A. Q. No, I don't. So, we then start on January the 14th of '04, and
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this first page goes down to April of -- April 5th of '04, and it looks like there's about 50 checks from January 14th to April 15th. Would you agree with that,
if these numbers over here on this side are correct? A. Q. Sure. Yes.
There's 50 entries here for checks in about a So, if you're in there three or four
four-month period.
times a week, you would have seen Mr. Ludwig a whole lot, right? A. Q. A. Q. I did. And you would have seen his wife a whole lot? Yes. All right. And when he would come in to sell
things, he would bring tools, correct? A. I don't really know what all he brought in. I
mean, you know, usually he had to have somebody help him, and they would set it down. what it was. Q. A. Q. A. And did his wife carry his stuff in, too? No, I don't think so. Maybe. I didn't check to see
Well, who would help him? Oh, just sometimes would be a customer, and he'd Just whoever was there.
say, oh, will you help me?
This was a very friendly little store. Q. It sounds like it, I agree. It sounds like a
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very friendly little store. A. Q. Right. So, Mr. Ludwig would somehow get the items he was
selling into the store? A. Q. Right. And then you and Mrs. Ludwig and Mr. Ludwig and
your daughter would congregate there at the front desk, correct? A. Q. A. Q. Usually. Well, did you ever congregate anyplace else? Not that I can remember. All right. And then there would be a
transaction, and you and Mrs. Ludwig would be visiting? A. there. Q. Not always. Sometimes she would just stand
We didn't always just keep talking, no. Okay. But would you agree with me that when you
were visiting with Mrs. Ludwig, you weren't paying any attention to what was going on in the conversations between Jim Ludwig and Carrie Neighbors? A. I don't know. I don't remember that. We just
were there. Q. right? A. I don't know what he was bringing in. It was Now, you saw Jim Ludwig bring in lots of tools,
just merchandise.
10:49:30 10:49:35 10:49:45 10:49:49 10:49:53 10:49:57 10:49:59 10:50:03 10:50:06 10:50:09 10:50:11 10:50:14 10:50:19 10:50:24 10:50:26 10:50:28 10:50:30 10:50:33 10:50:36 10:50:38 10:50:39 10:50:41 10:50:44 10:50:49 10:50:53
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.
Then we go to the next page of this exhibit, and
this shows that between April 7th of 2004 and June -I'm sorry, August the 9th of 2004, Carrie Neighbors wrote or Guy Neighbors wrote Jim Ludwig another 50 some checks. A. Q. Would you agree, if these numbers are correct? I don't know. Okay. I had nothing to do with that.
And again, looking at the memo section of
those checks, lots of tools, right? A. Q. A. Q. Possibly, but I don't know that. So, you weren't paying that much attention? No, it wasn't my job. Okay. It wasn't something I did.
Going to the next page, here we have
Numbers 105 through 156. MR. DUMA: Your Honor, I'm going to object
to counsel doing nothing more than reading evidence into the record one more time. This witness has said That's all this
multiple times she doesn't remember. is. These aren't even questions.
These are just
reading evidence into the record again. MS. PARKER: Your Honor, I'm trying to
determine whether or not there's anything on any of these pages that refreshes her recollection about what she saw James Ludwig and his wife bring into the Yellow House. She's testified on direct that she remembers all
kinds of conversations, and I think this is perfectly
10:50:56 10:50:58 10:51:00 10:51:01 10:51:02 10:51:03 10:51:06 10:51:10 10:51:13 10:51:18 10:51:18 10:51:20 10:51:24 10:51:27 10:51:29 10:51:39 10:51:44 10:51:46 10:51:51 10:51:55 10:51:59 10:52:09 10:52:12 10:52:12 10:52:14
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proper cross-examination that the defendant opened the door for. THE COURT: MR. DUMA: THE COURT: Anything else? Nothing else. In regards to the line of These were The court
questioning, this is cross-examination.
matters brought up during direct examination.
believes the government should have some leeway with this, so the objection is overruled. BY MS. PARKER: Q. Okay. I just want to direct your attention to This is -- says it's Page 3 of 6. And if
this page.
you'd look down that memo section, you see again, we have a lot of tool sets, but there are other things besides that. There's -- well, there's computer stuff, Do you
and a garbage disposal, and a camera set.
remember Jim Ludwig bringing items like that in? A. Q. No. I did not check to see what he brought in.
Page 4 of 6, again, just looking at the memo
section, you'd look down there, and see if you remember him bringing in Christmas items or cameras or Craftsman or a drill. that? A. Q. I do not know what he was bringing in. But you were seeing him often? Remember him bringing in anything like
10:52:17 10:52:19 10:52:25 10:52:27 10:52:30 10:52:34 10:52:35 10:52:37 10:52:37 10:52:40 10:52:43 10:52:47 10:52:49 10:52:54 10:52:57 10:53:00 10:53:03 10:53:07 10:53:11 10:53:14 10:53:16 10:53:20 10:53:23 10:53:26 10:53:30
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A. Q.
He came in often. Page 5 of 6 of that exhibit, again, looking down
the memo section, does anything refresh your recollection about what you saw Mr. Ludwig bring in? A. time. Q. said? A. Q. But it was not sitting in front of me. And while you and Mrs. Ludwig and Jim Ludwig and I did not see what he was bringing in most of the It was just there. But you were right there at the front desk, you
your daughter were up at the front desk, he was negotiating with her for tools or for whatever he was bringing in. A. You said you heard those conversations? I don't know what
But it wasn't like just tools.
he brought in.
He just brought in things that he had
gotten through the day, miscellaneous. Q. You can't remember what he brought in, but you
can remember that in all of the conversations you were there for, he never said he stole anything? A. Q. Oh, absolutely. Never.
But you also, I believe, testified that you Is that fair?
weren't there every time he came in. A. there.
I don't know if he ever came in when I wasn't Possibly, because I was not there every minute
of every day, so I don't know.
10:53:32 10:53:37 10:53:39 10:53:40 10:53:43 10:53:45 10:53:46 10:53:49 10:53:54 10:53:56 10:54:04 10:54:08 10:54:11 10:54:14 10:54:14 10:54:16 10:54:17 10:54:18 10:54:19 10:54:22 10:54:24 10:54:26 10:54:26 10:54:27 10:54:28
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Q.
Okay.
And according to that summary there, it
looks like he was in almost everyday, right? A. Q. Possibly. So, the days that you weren't there, he very well
could have been there? A. Q. I don't know. But if he came in when you weren't there, you
would have no idea what the discussion between Carrie Neighbors and Jim Ludwig is, would you? A. If I'm not there, I don't know what's being said. MS. PARKER: Thank you, Mrs. Neighbors. I
have no further cross-examination. MR. DUMA: Your name is Miss Jackson, right? Right. I'm sorry, I said
THE WITNESS: MS. PARKER: Miss Neighbors.
Miss Jackson, I apologize. No questions. No further questions of this Was she subpoenaed or is she here
MR. DUMA: THE COURT: witness at this time.
on her own free will to testify? MR. DUMA: Honor. THE COURT: Are you asking that she be She is here on her own, Your
excused at this time from the witness stand? MR. DUMA: Yes, sir.
10:54:29 10:54:30 10:54:31 10:54:31 10:54:33 10:54:35 10:54:38 10:54:39 10:54:40 10:54:53 10:54:54 10:54:57 10:54:58 10:54:59 10:55:08 10:55:09 10:55:10 10:55:12 10:55:12 10:55:14 10:55:15 10:55:15 10:55:18 10:55:20 10:55:23
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? Honor. defendant? government?
THE COURT:
Any objection from the
MS. PARKER: THE COURT: You're free to go.
No, Your Honor. At this time, you are excused.
The only thing that I'll ask is that
you not discuss your testimony, what you've said in here, with anyone else as you leave. THE WITNESS: THE COURT: Okay. Thank you. She wants to know if
Thank you.
she can sit in the courtroom at this time. MS. PARKER: MR. DUMA: THE COURT: THE WITNESS: THE COURT: Government has no objection. No objection. Yes. Thank you. Any other evidence from
MR. DUMA:
The defense would rest, Your
THE COURT:
Any rebuttal evidence from the
MS. PARKER: THE COURT:
No, Your Honor. Jury members, at this point the
court would inform you that you've heard now and you've received all the evidence that's going to be presented in this case. Now, if you recall from the very first
10:55:27 10:55:30 10:55:32 10:55:36 10:55:39 10:55:41 10:55:45 10:55:48 10:55:53 10:55:57 10:56:00 10:56:03 10:56:07 10:56:10 10:56:15 10:56:18 10:56:22 10:56:26 10:56:30 10:56:36 10:56:40 10:56:43 10:56:47 10:56:49 10:57:35
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day that you were here, the court informed you at that time that your role as a juror would consist of a couple things, which first of all, was to receive the evidence, and only receive it here in the courtroom. The other
matter had to do with the instructions of law the court were to give you. And in regards to that, the court at
this time does need to take those up, and as a result, I'm actually going to take our recess at this time. Before I take the recess, I will again remind you of the admonition that we give during the day and how important it is for you to continue to honor that admonition, which is again, still at this point, no one's to talk to you about the case. If they do, please let us know.
And still at this point, even among yourselves, you're not to talk about the case even among yourselves. Please keep that in mind. Again, I'll make an
estimation right now on what I know I need to do in regards to the instructions. everyone back at 1 o'clock. So, if I could have And again, if you'll get
here at 1, make sure maybe a little bit before 1, and that will be my -- my goal as well. So, please remember
your admonition, and at this time we are going to take our recess. (10:56 AM, jury left.) THE COURT: Have a seat please. Prior to
10:57:40 10:57:44 10:57:47 10:57:51 10:57:53 10:57:56 10:58:02 10:58:03 10:58:04 10:58:05 10:58:08 10:58:11 10:58:12 10:58:15 10:58:18 10:58:20 10:58:24 10:58:29 10:58:33 10:58:35 10:58:38 10:58:42 10:58:47 10:58:49 10:58:53
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 taking its recess, the court would inquire at this time in regards to any motions the parties would care to bring to the attention of the court at the conclusion of all the evidence. MR. DUMA: Your Honor, defense again renews No
its request for a directed verdict of acquittal. additional argument. THE COURT: MS. PARKER: Miss Parker?
Your Honor, the government
would offer the same arguments on this motion that it made on the motion by the defendant at the close of the government's case. THE COURT: In regards to defendant's motion
for judgment of acquittal now at the conclusion of all the evidence in this case, the court previously set out for the record the standard the court uses in deciding that motion. I won't repeat it again. Again, in
consideration of the evidence that's been presented up to this point and also in light of the standard, the court would find at this time that defendant's motion for judgment of acquittal as relates to the charges being brought against defendant is denied for the reasons previously mentioned by the court. Court
believes at this time that this is a submissible case for the jury. If there's nothing else from counsel, I
10:59:00 10:59:04 10:59:16 10:59:21 10:59:26 10:59:30 10:59:35 10:59:38 10:59:42 10:59:47 10:59:50 10:59:55 11:00:00 11:00:04 11:00:07 11:00:10 11:00:14 11:00:17 11:00:25 11:00:29 11:00:33 11:00:35 11:00:37 11:00:40 11:00:42
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told the jury to come back at 1 o'clock. my thoughts, counsel.
Here would be
What I would suggest is that the
court I believe has given you what it has identified as proposed jury instructions to counsel. much time you've had to review those. I don't know how I would say that
if you would take an additional 20 minutes to review, at which time I'm going to ask that you be ready to meet with Miss Tourtillott for your pre-charge conference, and then depending on the length of that, after you're finished, we'll come back into the courtroom for the jury charge instructions conference. And again, not
knowing the time, but after that were to take place, we take a short recess in order for you to -- to set up and for the courtroom to be set up, for the jury to be brought back in to be read their instructions as well as to receive your closing arguments. In regards to your
closing arguments, we do set up a timer in front of the jury box. half. Our trial actually took about a week and a
Usually, for a trial of that length, the court I don't know
suggests closing arguments of 30 minutes. if you're making a request for more. MS. PARKER:
If you are --
We -- government would request
-- hate to do it 'cause I don't like to keep the jury this long, but with all the evidence, we would request 60 minutes, an hour.
11:00:43 11:00:44 11:00:46 11:00:51 11:00:59 11:01:02 11:01:05 11:01:06 11:01:10 11:01:15 11:01:20 11:01:22 11:01:25 11:01:27 11:01:32 11:01:35 11:01:37 11:01:39 11:01:41 11:01:45 11:01:48 11:01:52 11:01:54 11:01:58 11:02:01
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THE COURT: MR. DUMA:
Mr. Duma? Your Honor, I don't anticipate
defense will take any more than 30 minutes, honestly, but -- I would think after the government's summation by Agent Herron, that I would hope they could get their summation on in closer to 45 minutes. MS. PARKER: Well, I think I'm going to do
the first half of closing, going over the evidence, and to go over again the evidence that -- as it relates to each count, and discuss some of the other evidence as it relates to the witnesses, I think it's going to take me about 40 minutes. We would then reserve 20 minutes for I think in
the second half of the government's closing.
light of the fact that we have over 300 exhibits, that 40 minutes to go through most of those is not an excessive amount of time. THE COURT: Let me think about the time for If there's
the closing, but I will let you know.
nothing else, the other thing I'll mention is that I'd ask the parties to get with Miss Walton in regards to the exhibits that have been admitted. We actually have
a form we ask you to sign in regards to the exhibits that are going to be sent back to the jury, and you can do that hopefully during this time period. If there's
nothing else, court will stand in recess until further
11:02:04 11:02:05 11:02:06 11:02:06 11:59:43 13:23:53 13:23:54 13:24:01 13:24:11 13:24:14 13:24:17 13:24:20 13:24:22 13:24:25 13:24:29 13:24:33 13:24:36 13:24:39 13:24:45 13:24:48 13:24:55 13:25:02 13:25:03 13:25:04 13:25:06
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
notice.
Thank you. (Whereupon court took a recess. then continued as follows:) MS. WALTON: Court is in recess. Proceedings Proceedings
(Whereupon court took a recess. then continued as follows: bench at 1:25 PM.) THE COURT:
Court returned to
We're back on the record.
The
court is ready to conduct the charge conference regarding the jury instructions with the parties. want to thank the parties for meeting with Miss Tourtillott regarding the pre-charge conference. I I
would tell you, I would find that to have been very helpful to the court in allowing it to present these final instructions to you, so I appreciate your cooperation and your involvement with that pre-charge conference. At this time, counsel, if you'll follow
along, I'll start with, that it's the court's understanding that the parties have no objections to the Instructions Numbered 1 through 25 as well as 27 through 34, and the verdict form and special question. correct? From the government? MS. PARKER: THE COURT: MR. DUMA: That's correct, Your Honor. From defendant? Yes, Your Honor. Is that
13:25:07 13:25:09 13:25:14 13:25:19 13:25:23 13:25:28 13:25:32 13:25:36 13:25:41 13:25:45 13:25:49 13:25:54 13:25:58 13:26:01 13:26:05 13:26:10 13:26:18 13:26:23 13:26:27 13:26:33 13:26:36 13:26:41 13:26:44 13:26:46 13:26:50
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:
The defendant objects to the
jury being instructed on the theory of deliberate ignorance, which is contained in Instruction 26. The
court is aware of defendant's position, and determines that under relevant case law, it is appropriate to instruct the jury on this definition of quote, knowingly, end quote. Evidence was presented from which
a jury could find either that Carrie Neighbors knew that items were stolen, or that she took measures to avoid finding out that items were stolen. The court finds
Instruction 26 appropriate, and overrules defendant's objection. The court notes that a number of changes
have been made to the instructions that the parties discussed and agreed upon in their pre-charge conference. The court also modified overt act Paragraph
12 A and deleted overt -- overt act 30 as discussed with the parties. Because those changes have been made, the
court does not need -- does not need to discuss them here in further detail. The court understands that the
parties agree that several non-substantive changes have been made to the description of the second superseding indictment that will be presented to the jury. The
court understands that the parties agree that these changes are necessary to make the instructions understandable to the jury, and do not have any
13:26:54 13:26:57 13:26:59 13:27:03 13:27:03 13:27:04 13:27:05 13:27:07 13:27:10 13:27:14 13:27:18 13:27:21 13:27:25 13:27:27 13:27:31 13:27:36 13:27:37 13:27:38 13:27:39 13:27:40 13:27:42 13:27:44 13:27:46 13:27:49 13:27:54
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
objection to explaining the indictment in a slightly different manner than the defendant was originally charged. Is that correct, from the government? MS. PARKER: THE COURT: MR. DUMA: THE COURT: Yes, sir. From defendant? Yes, Your Honor. The court also notes that it
ordinarily removes references in the instructions to defendants other than the defendant on trial. In this
case, however, the court has left references to Guy Neighbors in the indictment, as the charges involving him are also overt acts to be considered by the jury. The court understands that the parties do not object to this, and agree that this procedure is the most proper way to instruct the jury under the circumstances. that correct from the government? MS. PARKER: THE COURT: MR. DUMA: THE COURT: Yes, Your Honor. From defendant? Yes, Your Honor. Court also understands the Is
parties agree that it would be most effective and efficient for the court to briefly summarize the indictment for the jury when it reads the instructions out -- aloud. Court will refer the jurors to the full
text of the indictment which will be contained within
13:27:57 13:28:01 13:28:05 13:28:11 13:28:14 13:28:18 13:28:19 13:28:21 13:28:23 13:28:24 13:28:28 13:28:31 13:28:35 13:28:38 13:28:42 13:28:47 13:28:52 13:28:54 13:28:56 13:28:57 13:28:59 13:29:03 13:29:06 13:29:12 13:29:15
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their written instructions, but will orally summarize the indictment in open court, and court has given the parties a copy of that oral summation. Is that the
court's correct understanding in regards to the parties agreeing that this in fact can take place in this case? MS. PARKER: That is government's
understanding, and the government approves. MR. DUMA: THE COURT: Yes, Your Honor. Finally, the court understands
that the Tenth Circuit Pattern Instructions suggest that the verdict form should include a finding as to overt acts. Because the court generally uses general verdict
forms, the court and the parties agreed that the best procedure would be to have the jury answer a special question about which overt acts they unanimously agree upon. The verdict form reflects this procedure. Is the
court correct that the parties do not object? MS. PARKER: MR. DUMA: THE COURT: Government has no objection. Defense has no objection. Unless there's anything further
from the parties, the court at this time does approve the instructions as presented in the manner it was set out on the record at our charge conference. Take a
short recess at this time to have the courtroom set up for your closing arguments. Thank you.
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
(End of Trial Proceedings.
Closing argument
not transcribed as it was not specially ordered.)
C E R T I F I C A T E
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 7 - Jury Trial -- Pages 1170-1269 is a full, true, and correct reproduction of my shorthand notes as reflected by this transcript. SIGNED March 4, 2011.
S/_______________________________ Nancy Moroney Wiss, CSR, CM, FCRR

DAY 7 Trial of Carrie Neighbors

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DAY 7 Trial of Carrie Neighbors

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USA V CARRIE NEIGHBORS 1170

For the Defendant:

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 1171

1176 1222 1227

1228 1238 1262 1265

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 1172

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 1173

Your Honor, just so we don't

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 1174

Your Honor, we have three

wait just a couple minutes. MS. PARKER:

Judge, would you like me to

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 1175

exhibits that it is offering at this time.

No, Your Honor. Nothing else. Thank you.

Call the jury, please.

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 1176

If you would, as you give your

Thank you, Your Honor.

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 1177

I'm employed with the Internal Revenue Service,

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 1178

And I want to show you what has been

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 1179

And is this a fair and accurate

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 1180

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 1181

Correct. All right. And is that e-mail transmission

So, for an article that Carrie Neighbors paid $50

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 1182

Yes. And are those the actual exhibit numbers of each

of those exhibits? A. Yes, each one of these numbers beneath identifies

start with 3, 3.1 and 3.2. A. Q. Correct.

Were the exhibits that were marked beginning with

No, I think we covered it all.

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 1183

Show you what's been marked for purposes of

summary? A. Q. Yes. All right. And who -- check contained in

does it show whether or not it was posted on eBay?

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 1184

Yes, the start date again of this auction showed

electronic signals went? A. These electronic signals would have initiated in

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 1185

And then it shows there that these were actually

was posted? A. Yes.

NANCY MORONEY WISS, CSR, RMR, FCRR

USA V CARRIE NEIGHBORS 1186

NANCY MORONEY WISS, CSR, RMR, FCRR