Case 2:07-cr-20073-CM Document 155 Filed 06/28/10 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF KANSAS
(Kansas City Docket)

UNITED STATES OF AMERICA )

)
Plaintiff, )
) 07-20073-02-CM
v. ) Case No. 07-20124-01-CM
) 08-20105-02-CM
CARRIE MARIE NEIGHBORS, )
)
Defendant. )

UNITED STATES’ RESPONSE TO DEFENDANT’S

MOTION FOR RETURN OF PROPERTY

Comes now the United States of America, by and through the undersigned Assistant

United States Attorney, and in response to defendant’s Motion to Turn Over Any and All

Government Evidence, or Personal Property Seized, Pursuant to the Bates System, Which

is Not Related to this Cause of Action states the following.

1. The defendant requests that the government “turn over” any and all evidence

in the government’s possession “which the government does not intend to use during this

cause of action, pursuant to Fed.R.Crim.P. 41(g).

2. For two years, the government has repeatedly informed the defendants that

it would return to them all non-contraband items in the government’s possession that it did

not intend to use at the trial of these cases or for sentencing purposes.1 The government

1
A list of the property that the government agrees to return to the defendant is
attached as Exhibit 1.
 Case 2:07-cr-20073-CM Document 155 Filed 06/28/10 Page 2 of 3

asked only that the defendants send an authorized representative or come to the Lawrence

Kansas Police Department in the company of their court-appointed investigators or

attorneys, to sign for the items to be returned. To date, the defendants have failed to avail

themselves of that offer.

3. The defendant asserts that she “will only accept evidence that is properly

recorded through the bates numerical system.” (Doc. 232 at 2.) The government has

provided the defendant with copies of the inventory reports of items seized during the

executions of all search warrants which account for all items seized but which have not

been catalogued using a Bates Stamp method. Rather, the property was inventoried using

the customary inventory system of the Lawrence Kansas Police Department [LKPD]. The

government again renews its offer to return to the defendants all items that will not be

retained for trial or sentencing purposes under the conditions previously set, but under the

LKPD’s inventory system that is utilized by the Lawrence Police Department.

Wherefore, for the foregoing reasons, the defendant’s Motion under Rule 41(b)

Fed.R.Crim.P. should be denied on the ground that it is moot.

Respectfully submitted,

LANNY D. WELCH
United States Attorney

s/ Marietta Parker, KS Dist. Ct. #77807

MARIETTA PARKER
First Assistant United States Attorney
500 State Avenue; Suite 360
Kansas City, Kansas 66101
Telephone: 913-551-6730
Facsimile: 913-551-6541
E-mail: marietta.parker@usdoj.gov
ELECTRONICALLY FILED
Attorneys for Plaintiff

2
 Case 2:07-cr-20073-CM Document 155 Filed 06/28/10 Page 3 of 3

Certificate of Service

I hereby certify that on the 28th day June, 2010, the foregoing was electronically filed

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

electronic filing to the following:

John Duma
303 E. Poplar
Olathe, KS 66061
Stand-by Attorney for Defendant Carrie Marie Neighbors

Cheryl A. Pilate
Morgan Pilate LLC
142 N. Cherry
Olathe, KS 66061
Attorney for Defendant Guy Madison Neighbors

I further certify that on this date the foregoing document and the notice of electronic

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

Carrie Marie Neighbors

1104 Andover
Lawrence, Kansas
Defendant, pro se

s/ Marietta Parker, KS Dist. Ct. #77807

MARIETTA PARKER
First Assistant United States Attorney