Neighbors Original Attorney Sarah Swain Filed The FBI Impersonation Complaint Against Lawrence Kansas Police Dept. in The Neighbors Federal Cases
Neighbors Original Attorney Sarah Swain Filed The FBI Impersonation Complaint Against Lawrence Kansas Police Dept. in The Neighbors Federal Cases
Sarah G. Swain
Attorney at Law
110 N. Cherry. Suite 240
Olathe, KS 66051
(78.5) 842--2787
wwwJawreocecriminalattomey.com
866-5.;0..2787
[email protected]
DATE: 6..30..()6
FAX TO: Bob Schaefer I FBI
FAX~lJMBER:
(816) 512-8545
RE:
PAGES: 1
COMMENTS;
-.
Sarah G. Swain
Attorney at Law
110 N. CherTy, 8uib: 240
60 1 Missouri. Suite 8
Lawrence, KS 66044
(78.5) 842-.2'187
wwwJawrencecriminalattomcy.com
Olathe, KS 66051
866-5.;0..2787
[email protected]
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"iUI ill. my
bl'Olhets lRi1! Moybm~1) rtI~ 1.x:aIIIIJ lit noo Har$Icr. C...... l..Ilwreace. Xs. lam
UMWt' of fhl: dat but J ~I reeldl It - .. "vml weekI ,,0 and It WIll auri:r.II the WMk. (
btlie'\lc. "'1\ ( .un nut CCftIliA. thAt 1bc da1e me. twO men ~11ftlICr.d ..... imen'iInwd me
WII.\fa'dJ 6. ~ betwem 9:00 IJ'J\ )0:00 ..m.
TItlt. I~~ twO men. appruec;h~ l!r~' ~std~I'k.'l! :wi _c.-d to spnk with me. II!"
ftI"I 85 II "'01. "OS", .. linlc beny aod
bIoI* hair.
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mea "core ~JarI~ dreued JQ ~ a.od ~ They both -.we a bw:lae ma dei, . . ,
IIld hIal suns in ho(5lert made ot'light .:oIor leather Ut.l _ alto worn tbeir weilL
TtI.lI. !I~ fIt'S( tOloll\ I(l~ !'JIll! : "bad to tall.. tl) IlwIn." l uked II m if il "'hId to b'I!
il diu
!law (0 be toda~ .:.wd t~ iI!CI.'''..c.! W .:~ '*k dh: tUU\lYllU1t
~ ,.,T~-.."f\I A:tUl1iled lh-.' '1~S ~ ;11)1:
:TIe ~ in "1 .i.:t,io: 'hIuc ~:'V "'i"t
JIJ f1I)t wClt {O If(' with lhe:n. tNt Iei[ lrum tbe way they ......iq dial I did
today;' He _
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TbaL ..itc:r tbr:~ ;,{uonOAtd me ti'Jl' ~ hour to III how IDd MIt _ dwD dIoCI
me blck to WI!, !'Iowu:. Dtlrirtf 'Ihc dth'&: home &be:r r" .... huIirJaa IWd widt sold
Icnaint "",!t. I h~e mu,lect'd !hen ~rd. 11tt:y told . . to call if l doecided to .orIt itr
rn.em . ,., 1-..... \'.:I"'u. Howe~, They 08'.... me S5O.00 fbt eIdl U. 1 Mlvid be
wiUiDltIJ IIIiIIIlJJl to ..u _len - . ., the V.uow Hou:Ie.
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11& J dkt GOlIiid lib r bad cboioI in bIIkinI wtIIt dille mea _ 1bid to 10 to
_ JfIlIion wkb . . or 1wouJd baw bela ill 1I'OUbIr.
"Tba. .,.... Jilft on ~o. {c:oa\Ktltd !by ~ ~T. tWIcy Eddi$.
. , IIWI ~llftIIet 10 am.. "lift "'. Ud acclllnlld. He 'I01d _ dill I could not be
inYOlYld in dai. ~ (I( WOft for U. ~ if' WQlBeG to . . 10 my pfObIdmI CIIder. I
.... .., i1lIY t ......inns (If workinc _ilb the polic:e aDd ~ dwIn f .-OUJd 1101.
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All actcmpt was made to coatact Bad at chi.8dcIr.e.ss. The man nSdiua at tbis dupJe.x
Rpo.rted . . . . . _ Perioo.this 10000000u and be did not bow the name. ADother
possible address waslocatec1 for BJMt Perk.o:
Possib1e add.Ies8:
Lawnmee, Ks.
Brad called. the office fi:om 7B5-B41.(f1.27. .ArJ:aDpmems wen made for an interview OIl
0312212006 at Culver". . . . . . . . at 4:00 p.DL Brad MpOrted he wauted to . . this
si1udoa ~ oat. He said he had... ia to lee Carrie Nei. . . . . . sbe told
him DOt to come t.oklllOUl.ld. She told him to CItIl me aDd talk about 1hiB aitoItioD beIi:n
be tetunlcd.
-.
"
Brad NpOttecl he was NCeD.t1y coalackId by Lawrence Potice Detectivee. He recaIIod ODD
Detective _ lay Bialek. He did DOt bow die o1ber Detective but be dca'ibed him as a
w'-4 6"O~', witb short brown hair oom.bod on CbD side. Bnd laid he was at a tiiend's
apIII1mcmt OIl RaJbud Street 8pJWO.Iim8teIy three weeks 810. He said he was JeaviDa the
apatlDieDllDd wa1kiDa to the ftont locked entry way wbaa he saw the l>cIIIBcU:VCII at tao
&oat Iodced door attahiptiDs to '~y thr: Iock." Btad aid he is ecdIIia the COJ* bid to
have fbllo'WtlCl him over to tIIis Redbud address, beaulle he knows of DO other way they
knew be was tbme.
Brad said Bialek told him the Yenow Houae had bceo UDder focIenI iDvcIstiptioD for?-8
IDODtht. He told Bad, Carrie has beID UDder federal ~ and "She iI aoiaI
down" aad "She will take her husband with her." He fUrther said the FBI hid him (Bnd)
on SUI'YeilJaDce tape at tJJe Yellow HOUJe tIkiD& in a drill He said they quesdODBd bim
about t:i'tD drill. He exp1aiaed to them t.t lie has done II'IJto body wOJt for ,.... aad had
a lot of1ool8. He IBid the: detectiY'CI told him. "We blow you are in troubIe.- BI1Id aid
Bialek aJao toW him, "We kaow you know what's going down." Bialek told him be
wou1c1 get bim 'bDlp with tho (6) IIlUIlicipal ciaatioas be bad ifhe would bllp them with fbi
Yellow Houac ia'ft8tiprion. Brad IJIdd he told tbeol lao would daiak about it, but be mew
he would DOt help tbem. Bnd aid be wouIdD't do cbis ~ be ... fIi.eDdI witb Ouy
aDd Carrio. He" Detectives at the LKPD bad also tied to Jdm. in tile pIIllDd have DOt
tQDO tJavuab. with their promiIeI, 10 he did bOt wish to help than 8IIY Ionpr.
Brad taid while tile Detectives were taIkiDg to hi1D (JUhtide of1he ..... -..lIuildiaa on
Redbad Stlwtthey started to hmd him a buIiDeII CIId. He IIid GIld he aoId 1baD DOt be
&.Ins him their. . ia pubJio. He said he fold Bialek 10 drop his "'. . . . oard on the
pouaI aad be would pick dae card up leter. He.aid did piet tie cant up. He IIid. .
was the
he accideDtal1y handed
(JM day at the Yellow Hcue. Brad IIid be
fi..- the J:>etDotives 'werlt tIdptiDg bUn to work with them becat.-. he bad theae p:ior
tickets. He eIJo IBid he 'MIS stupped about 1 %DlOIIt1Lt ago at tiobted 1br a DWS.
en
came
Brad Aid Tcrik Katib is 8pJJ8Iently the .o.t:.otive". su.peI'Y1tot. HO aid Tarik doea DO(
like him. Brad fUrther explained that he did a lot of ia1brmaut WOIk for the LaWl'lllCe
Police deparlmeDt in the past. He said, more specifiealJ.y, he did a lot of wOJt for Officer
Scott Peck. Brad IAIkl he was the CoufldentiallDfonDlD who 811isted Pede ill his chua
reJattd iuvestiptioas wbeo he was wiIh 11m police depIdmeot. He IIIid Peck ........
fiN by Judge Malone BDd he was aceused of talaify.iDe his aftidavits. Bmd aid he WIll
wentuaJly expoeed at the CI and 1he Judp said that he (Brad) was not a tnJatwoItby
wn-ss or iabDlllDt IDd that is wby Peck was u1.timateIy fintd.
Brad said it WIll apJmximltely tJxn; -weeks 8&0 he went to see his tiiead .Jesse
DelCampo at his resta1nIlt wrhe Slow Ride" in north Lawrence. He said he saw he saw
a lot ofcops in there eatiDg and driDkiDg. Jeue told Brad later that after he left, the eops
told him to stay away from him. Brad _cllllo Slow Ride is a Dew .baDa out for1be cops.
Brad noted it WIll sbortIy after he went into 1IIc Slow Ride that the detl:lctives CODl8Cted
him on Redbud 8tJeet about the Neighbors.
Brad said. be was at Kohl'. last week aad he saw Bialek comiDa out of the back room of
the sbe. He said they ....... iD small talk aDd Bialek asked if he had liven-yman
tboutJId to what dley ta1bd about eartier. He IBid Bialek admitted. :KaIib "had it out 1br
him." He said . , . oops apparCDlIy dicl DOt like the persooaI relaIkmIIIip be (Brad) had
with Pcck.
/--...,
Bntd saici his old gidtiieDd is Kim Filcbar. Kim is a si8ter to c.rie UriJaDek. c.rie
UrbIDek WOIb for tho Doual- Coualy Sberiff's Depadmeat Dna Uait. She is married
to LiouteDtImt Ray Urbanek.
Bad saicl be beIicm8 the two pawn shops iD town . , raiIiDg hell about the yellow
House. He thinks this might have been ODe of tile teaIODS they 1ft beiD& 'bqeted ....
END OF INTERVIBW
. "'-'-
Oaiefof Police
Lawrence, KS 66044
.-,
~a1"~
WRO:mrp
lnvestiplion & Tninina Center 4820 Bob Billings Pkwy l.awrence. KS 66049 (785) 830-7400
Law Enforcemenl Ceat. Pauollt Records Division 111 East Illh Stred Liwmu:e. KS 66044 (78.5) 832?S01
www.Jawrencepolice.org
--
... "..
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1300 Summit
FilfNa. 194-KC-C81080
July 7, 2006
Sarah.G. Swain
601 Missouri
Suite 3
Lawrence, Kansas
66044
~~,
From April 19, 2006, until June 16, 2006, (sixty days
later)the Kansas City Division of the FBI and SA Schaefer bad not
received any correspondence or information concerning your
initial allegations.
The two meetings you referenced as scheduled with SA
Schaefer in your letter dated June 30, 2006, were aet'by you
without verifying the availability of SA Schaefer.
Sincerely
Kevin L. Stafford
Special Agent in Charge
,.
.... _ " , ;
(785) 842-2787
866-550-2787
June 14, 2006
IS00Summit
,'r<ly.
J. L
arah G. Swam
Attorney at Law
If
LJWorid. com
- ."
E-mail slory
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Comm~nts (44)
iPod friengJ~
'--...
"We are attempting to resolve whether or not a person or persons falsety represented
themsetvelas FBI agents," FBI spokesman Jeff Lanza confirmed Wednesday.
Lanza would not comment further.
But sources with knowtedge of the investigation told the Journal-World the FBt inquiry was
prompted by complaints from Sarah Swain, attorney for the secondhand etore. and othenl
close to the fencing probe.
The sources a180 said the FBI was never involved in the actual fencing investigation, but
was onfy involved t?ecause of allegations against the police.
,
The Lawrence Police Department would not comment for this article becau8e it involved
another agency's investigatIOn, spokeswoman Kim Murphree said wednesday.
Agents from the FBI have already met with Swain and the police depat1ment. in part to
establish that the FBI was not actually involved in Investigating the Yellow House.
The meeting between Lawrence PoUoe Sgt. Mike Pattrick and
FBt Special Agent Bob Shaefer was at the request of Swain,
who had heard from YeHow House owners Guy and Carrie
Neighbors and others that FBI agents were using the Douglas
County law Enforcement Center to inteNiew people who sold
merchandise to the store.
That allegation culminated in a sworn affidavit from lawrence
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as FBr agents had taken her from her brother'. home to the
police station to jl"JtelView he,.
DepalII,aent becauae or
aIIegation8 that offtoer8
were pOling as federal
agents in a fencing
probe Involving Yelow
Houee.
During the meeting of Swain, Pattrtck and Shaefer, Swain said both men told her the FBI
When Swain contacted the police department to confirm the FBI's Invotvement in the
investigation of her clients. Lawrence Police Chief Ron Olin would only conftnn thIIt the
appropriate federal agents had been contacted. acoording to a letter from Olin to 8wMl,
copy of which was obtained by the Journal-World.
-(LPD) 0Iftcer (Jay) Biaktk assures me that he has contacted the ag'" involved and . .
informed them of your wish to be contacted," he wrote swain.
Bialek fa involved tn the investigation of the YeHoW House.
OIn said in the ..... that he woukt not name any federal investigatols involved. but did
mention the meeting behveen SWain, Pattrick and Shaefer. and said that at futitIer
questions should be addreseed to U.S. Atty. Marietta Parker, who ts handHng prccution on
the federal level.
Jim CI'088, spokesman for the U.S. AHomeya 0Ifice. would not comment on whether his
offlce was invotved In the fencing investigation.
Polce acknowtedged 888f8tance from the Internal Revenue Service and the U.S. Postal
Service in a news r. . . . from [)ecember When pcb S8fVed an tnttIaIlaald't w........
stolen good one of the lalgest. most sophisticated fencing opetation8 we haw aeen In
Lawrence.
".snGG610:0I AM
A federal probe into possible miscoDduct witbin the Lawrence Police Department has stalled as the FBI
waits for a fOrmal corn.plaint to be filed.
FBI spokesman Jeffl.aDza said no one had come forward with a formal c::omplaint allegiDa anyone
posed as FBI agen1I when questiooiDg people in relation to a police investigation of an alleged fencing
ring at the Y cllow Ho~ secondhand shop, 1904 Mass.
Sarah Swain, attomey for Yellow Ho~ said she and a.private iDvesligator were worting to set up a
meeting betwam the FBI and people who allegedly have been iDte.nogated by police officers clabning
to be fedlnl agents.
Swain also said a private invmiptor sent the FBI at least ODe swom affidavit that should III'Ve . . a
formal compJaint
The Lawrence Police fencing investigation, which began 1a8t year, has focuaed OD the alleged purehase
and resale of stolen aoods through the secondhand store and online sales, according to a police news
release fi'om Decemba 2005.
.
Police have served 8I&'dt wa.ants at the Yellow House and at the home ofGuy and Carrie Neighbors,
the store owners, in relation to the case.
No charges bave been filed as a result of the mombslong fencing investigatiOD.
The police deparbnent bas decli:Ded comment about the FBI inquiry, saying it was apiDst department
policy to discuss another agency's probe.
Mo....boa. tIIe ....iry
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FtlJ jnquiry under way in cfmducl pf police (96- J5-06)
.Lc:tter :/:rom P~)J.jre Chic;f RooJ)Hn.Jo Sat;)h ~y..'ailJ ybO!lt the iJ!Vl"Sti&Qtion f.pgt)
Atlidavit (In alk'gooimpn:mer l~~i'pj v~i! bV...J.1Y..lkC' officers {.Jldtl
p.9J~.I!,.[can:tLYeltm~. .Houfte m ~101~n..Y.9.99~)!1~~~.ljg'!!i.Q!l.illi:!t~:Qfi.1
_ft.
warn... iD
July 8,2006
AdvertiJemerIt
The FBI ba) sit's ,Zearoo La~nW(; Pvli~ of Wi alk;~iuu t.Wd i:W ulIl~' 1mp:a1KXUiWd Wi FBI ~l
during the investigation of an alleged fencing operation at the Yellow House used appliance store.
"We looked into the situation and found no evidence to indicate that anyone impersonated .. FBI
agem," FBI spokesman Jeff Lanza said Friday.
The news came the same day the U.S. Postal Inspector's office, assisted by I..awrmce Police and the
Intemal Revenue Service, served two more search warrants at the store at 1904 Mass., and at tile home
of owners Guy and Carrie Neighbors in the 1100 block ofAndover Street.
Authorities said they were looking for e--mail ~ surveillance tapes, receipts, computen, sealed
merchandise and sales records from the oaIine auction service eBay.
It's the latest twist in an investigation that"s beeD goiDa on aince December,. when Lawrence Police said
they'd uncovered what they describe as a large--scale, sophisticated fencing operation. So far, there
have been at least five search warrants serv~ but no one has been am:sted aDd DO charges have been
filed.
"I think this whole thing is around our eBay salcs," Guy Neighbors said on Friday as he stood outside
. -', his store, which was surrounded by yellow police tape. "It's been, what eight months now? I don't
know. Maybe they have more than I know."
p
The Neighborses maintain" iDnoeence and have been critical of police at every tum.
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in a cold cell without food, a false press release by the Prosecutor stating they were indicted for drug distribution.
And an illegal warrantless search of their entire home. The second indictment including the gun charge was
dropped the second time by Federal Judge John Lungstrum for speedy trial violations) Manufacturing Marijuana
was added to the second Indictment and that charge was left standing. Even though the Police began searching
the home at 9am December 3,2005, but did not get the search warrant signed by Judge Six until 1:30 that day.
2. The Neighbors then filed a Formal Complaint to Internal Affairs Sergeant Dan Ward that Lawrence Police
officers Micky Rantz and Jay Bialek were posing as FBI agents, to intimidate witnesses and cover-up for the fact
no FBI was involved in the Investigation the Federal Prosecutors were conducting against the Neighbors
business. The Formal complaint was forwarded to AUSA Marietta Parker who then sent down FBI agent Walter
Schaefer from the Kansas City FBI who used the fake name "Bob Shaefer" to stage a fake FBI investigation into
the Neighbors complaints and cover-up for the police misconduct. The FBI Agent announced to the media that
the Lawrence Police had been cleared and the same day to retaliate the Federal Prosecutor had the Lawrence
Police, Postal Inspector and IRS execute two more search warrants on the Neighbors business and home.
3. In 2007 An UWorld reporter Ron Knox and the Neighbors were all told by the Kansas City FBI, the FBI
investigation into the police misconduct complaints by the Neighbors never took place. The Kansas city FBI also
stated they had no jurisdiction to do investigations in Lawrence Kansas. The Neighbors were told by the Kansas
City FBI to contact the Topeka FBI. The Neighbors met with the Topeka FBI agents Scott Gentine and Denton
Murray and gave them copies of the formal complaints connected to the missing evidence and police
misconduct. The following week Dave Bryant also filed a complaint with Topeka FBI agent Scott Gentine
because his guns that had been stolen during a burglary, and later recovered in a drug bust were also missing
from the Lawrence Kansas Police Department evidence locker, and he had found them being offered for sale in
the 23rd street Pawn Shop.
4. In an effort to cover-up for the fact the Neighbors had found out about the fake FBI investigation, the
following week the Prosecutor Marietta Parker filed a 19 count Federal Indictment against the Neighbors for
"money laundering and Ebay fraud". And made the public false written statement the case had been investigated
by the FBI.
5. To further the conspiracy, in August of 2008, the Federal Prosecutor Terra Morehead had the Neighbors
arrested on Federal charges by the Postal Inspector David Nitz, for "Federal Obstruction of Justice"
(The Federal Obstruction charge was based on the fact the Neighbors requested KU Detective Mike Riner take
the Laptop and copy the information about the seller, but allow them to have their attorneys handle turning over
the original sellers form on Monday).
This was a State Investigation by the University Police into a laptop stolen by Robert Sample from KU, that had
been sold to the business. Even though the business owners had cooperated with the investigation, a search
warrant was served on the business during which the police stole the businesses surveillance tape and replaced it
with a blank tape. The Neighbors were taken into Federal custody August 8Th, and incarcerated for four days in
the Douglas County Jail, Aug. 11 th they were transferred by the Postal Inspector David Nitz from the Douglas
County Jail to the Kansas DOJ for an initial appearance, from there the Neighbors were transferred to the
Leavenworth Maximum Security Federal Detention Center and imprisoned until Aug. 18th. They were released
and on the 19th of August Terra Morehead Indicted the Neighbors for Federal "Obstruction of Justice". On
March 10th in connection to the same case, Robert Sample plead guilty to misdemeanor theft in State Court.
The only bad mistake is the one from which we learn nothing.
KUKANSAS
OffICe of Public Safety
October 8, 2008
Attorney's Office. lbat office is the appropriate investigative agency to receive acompiaint of
alleged perjury-in Federal coutt. The following individual may be contacted should you wish to
provide any further infonnation regarding your complaint against Detective Michael Riner:
Director
RVO/sp
Marietta Parker
cc:
PubUc safety Building ~ 1501 Crestline Drive, Suite 120 I Lawrence, KS 66049