Case 2:08-cr-201 05-CM-JPO Document 85 Filed 04/26/10 Page 1 of 4

Carrie Neighbors
Defendant [1J / Pro Se Litigant .. ) • ····r' ,....~
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plA 12-• 03,
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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

07-20124-CM
08-20t05-CM
CARRIE NEIGHBORS,

Defendant 1,

GUY M. NEIGHBORS

Defendant 2,

DEFENDANT ftPS MOTION TO DISMISS

COUNSEL'S PROFFER ON 08/25/09

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 Dismiss Counsel's Proffer on 08/25/09. The

Motion is as follows:

1). Counsel for the Defendant [1] had made a Proffer on 08/25/09, in which prejudice this

cause of action, and now made the counsel a witness against the Defendant [1], in which the

testimony should have been terminated, and the counsel should have been sanctioned for

testifying against his client, whereby this is grounds for mistrial. Whereby the Defendant [1]

request that the proffer used as evidence against the Defendant [1], on the governments Motion

Motion to Dismiss Counsels Proffer / w Memorandum in Support of Page 1

 Case 2:08-cr-201 05-CM-JPO Document 85 Filed 04/26/10 Page 2 of 4

to Revoke Bond should be Dismissed and Stricken from the record, or a mistrial is in order, due

to violations of attorney-client privilege, as well as, conduct of counsel, contradictory to clients

rights and privileges, guaranteed by the U.S. Constitution. [see ref Order dated 08/26/09 on case

No: 2:07 CR 20124 CM JPO]

MEMORANDUM AND LAW IN SUPPORT OF

DEFENDANT UPS MOTION TO DISMISS

COUNSEL'S PROFFER ON 08/25/09

2). The Defendant [1]'s counsel has placed both the court and the Defendant [1] in an

unusual position, due to his proffer against his own client now present issues of violation of his

own contract between his own client (Defendant [1]), due to the fact that now there is violations

of attorney-client privilege, trust issues, competency issues, as well as, violations of:

a). Kan. S. Ct, Rilles Discipline of Attorneys 1.2 (a) in which states, "a lawyer shall abide by a

clients decisions concerning the lawful objectives of representation. sr in which the Defendant

[1]'s counsel did not.

b). Kan. S. Ct, Rilles Discipline of Attorneys 1.6 (a) in which states, "a lawyer shall not reveal

information relating to the representation of a client unless the client consents," in which the

Defendant [1]'s counsel did not.

c). Kan. S. Ct, Rules Discipline of Attorneys 1.8 (b) in which states, "a lawyer shall not use

information relating to the representation of a client to the disadvantage of the client, unless the

client gives informed consent." in which the Defendant [1]'s counsel did not.

d). Kan. S. Ct, Rilles Discipline of Attorneys 3.4 (e) in which states, "a lawyer shall not in trial

assert personal knowledge of the facts. "in which the Defendant [1]'s counsel did, during his

own proffer.

Motion to Dismiss Counsels Proffer / w Memorandum in Support of Page 2

 Case 2:08-cr-201 05-CM-JPO Document 85 Filed 04/26/10 Page 3 of 4

3). The preamble a lawyer zealously asserts the clients position under the rules of adversary

system, in which the Defendant [1]'s counsel of record did not.

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

Motion to Dismiss Counsel's Proffer on 08/25/09, or allow the Defendant [1] to declare a

mistrial, due to the prejudice allowed to occur within this cause of action.

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

Motion to Dismiss Counsels Proffer / w Memorandum in Support of Page 3

 Case 2:08-cr-201 05-CM-JPO Document 85 Filed 04/26/10 Page 4 of 4

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
lJejendant[2} 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.

Carrie Neighbors
Defendant [J} / PoSe Litigant
1104 Andover
Lawrence, Kansas 66049
(785) 842-2785

Motion to Dismiss Counsels Proffer / w Memorandum in Support of Page 4