Case 2:08-cr-201 05-CM-JPO Document 88 Filed 04/26/10 Page 1 of 4

Carrie Neighbors
Defendant [1J I Pro Se Litigant '.i'
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1104 Andover
Lawrence, Kansas 66049
(785) 842-2785

IN THE UNITED STATES COURT

FOR THE DISTRICT OF KANSAS

UNTIED STATES OF AMERICA

Plaintiff,

v. Case No: 07-20073-CM

07-20t24-CM
08-20t05-CM
CARRIE NEIGHBORS,

Defendant 1,

GUY M. NEIGHBORS

Defendant 2,

MOTION TO QUASH OR STRIKE DEFENDANT Ill's PROFFER

[pursuant to Us. v. Stein, WL 1377851 (E.D. Pa. 2005)]

COMES NOW on this 26th day of April 2010, the Defendant [1], Carrie Neighbors,

acting as a pro se litigant is filing a Motion to Quash or Strike the Defendant [1]'s Proffer,

pursuantto Us. v. Stein, WL 1377851 (E.D. Pa. 2005)

. The Motion is as follows:

1). At no time was the Presiding Officer (The U.S. Attorney) at the Proffer, in which is

clearly outside the plain language rules.

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MEMORANDUM AND LAW IN SUPPORT OF

MOTION TO QUASH OR STRIKE DEFENDANT [IPs PROFFER

2). The Proffer was not recorded, in which Stephan v. State, 711, P. 2d 1156, 1159

(Alaska 1985), in which this case the statements have been colored, changed, or altered, and

therefore are inadmissible in it's entirety, and should be quashed or stricken from the record.

(Describing law enforcements fiduciary duty to preserve evidence). The Court reasoned that

electronically recording a Defendant's interrogation helps to ensure his right to a fair trial.. id. At

1159-60. And failure to due so is a violation of his / her due process. Whereby any and all

unrecorded statements presented at trial should be excluded. US. v. Merz (WL 1183771 Us.

District Court for the Eastern District of Pennsylvania)(2009).

3). Whereby the contract to proffer was violated by the government, due to fraud of the

government to manufacture witnesses and evidence, as well as, conceal evidence in this case,

without properly documenting the proffer (By audio documentation) or documenting the

evidence (through the Bates numerical system), as well as, handling the evidence (through the

proper chain of command). Whereby the contract of the Proffer was violated.

4). The Affidavit for the search warrant failed to show how the personal home of the

Defendant, that no probable cause of any criminal activity at the home abode resided, whereby

the Affidavit for the home abode was insufficient. Whereby, the contract of the Proffer was

violated under the fraudulent threat of more charges based on fruit from the forbidden tree,

whereby, the contract of the Proffer was violated.

5) Pursuant to Us. v. Stein, WL 1377851 (E.D. Pa. 2005) "Counsel- and clients should

keep in mind that the Plain Language Rule 410 protects only statements made to a prosecuting

attorney; a statement blurted out to an agent in the abstract leniency is not. "

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6). The Defendant [1]' s proffer was based upon illegally obtained evidence, and

manufactured evidence, and manufactured witnesses, whereby violating the contractual

agreement of proffers.

THEREFORE the Defendant [1], Carrie Neighbors, acting as a pro se litigant is filing a

Motion to Quash or Strike the Defendant [1]'s Proffer, pursuant to US. v. Stein, WL 1377851

(E.D. Pa. 2005).

Carrie Neighbors
Defendant [1J / Pro Se Litigant
1104 Andover
Lawrence, Kansas 66049
(785) 842-2785

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CERTIFICATE OF SERVICE

[Pursuant to KSA 60-205]

The undersigned also hereby certifies that a true and correct copy of the foregoing
document in the above captioned matter was deposited in the United States mail, first class
postage prepaid, addressed to:

Cheryl A Pilate
Melanie Morgan LLC
Defendant [2J counsel of record
142 Cherry
Olathe, Kansas 66061

Guy Neighbors 11520031

Federal Medical Center
P.O. Box 1600
Butner, NC. 27509

Marietta Parker
Terra Morehead
U.S. Attorneys
500 State Ave.
Suite 360
Kansas City, KS 66101

On this 26th day of April 2010.

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