Free Sealed Document - District Court of Colorado - Colorado

Case 1:01-cr-00238-WDM
PROB 12M (10/01-D/CO)

Document 92

Filed 10/06/2006

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UNITED STATES DISTRICT COURT
for DISTRICT OF COLORADO

U. S. A. vs. Thomas P. Ormsby

Docket No. 01-cr-00238-WDM

Petition for Issuance of Arrest Warrant because of Violation of Probation and/or Supervised Release COMES NOW, Jennifer Nuanes, PROBATION OFFICER OF THE COURT presenting an official report upon the conduct and attitude of Thomas P. Ormsby who was placed on supervision by the Honorable Walker D. Miller sitting in the court at Denver, on the 10th day of May 2006, who fixed the period of supervision at twenty (20) months, commencing July 17, 2006, and imposed the general terms and conditions theretofore adopted by the court and also imposed special conditions and terms as follows: 1. The defendant shall participate in a program of mental health treatment, as directed by the probation officer, until such time as the defendant is released from the program by the probation officer. The defendant will be required to pay the cost of treatment as directed by the probation officer. The court authorizes the probation officer to release psychological reports and/or the presentence report to the treatment agency for continuity of treatment. 2. The defendant shall participate in an approved program of sex offender evaluation and treatment, which may include polygraph and plethysmograph examinations, as directed by the probation officer. The defendant will be required to pay the cost of treatment as directed by the probation officer. The court authorizes the probation officer to release psychological reports and/or the presentence report to the treatment agency for continuity of treatment. 3. The defendant shall notify the probation officer of all computer and/or other Internet access devices to which the defendant has access. The defendant shall allow the probation officer to make unannounced examinations of the data stored on the defendant' personal computer(s) and other Internet devices, and collected by such system(s) at s any reasonable time and copy date which the probation officer believes may be evidence of a law violation or a technical violation of a condition of supervision. 4. The defendant shall be placed on home detention for a period of 6 months, to commence as directed by the probation officer. During this period, he shall remain at his place of residence except for employment and other activities approved in advance by the probation officer. The defendant shall maintain a telephone at his place of residence without any special services, modems, answering machines, cordless telephones for the above period. The defendant shall wear an electronic device and shall observe the rules specified by the Probation Department. The defendant will be required to pay the cost of electronic monitoring as directed by the probation officer. 5. The defendant shall not access any Internet sites that contain child pornography, i.e., sexually explicit material depicting minors. The defendant shall not communicate via a computer, or otherwise, with any person that defendant has reason to believe is a minor concerning anything relating to child pornography or sexual activity involving minors. 6. The defendant shall allow the probation officer to make periodic, unannounced examinations at any reasonable time of any computer or Internet access device used by him, except a computer owned by the defendant' employer s and not located at the defendant' residence. The defendant shall, upon demand, immediately provide the probation s officer with any password required to access data or programs on such computers or devices and shall allow the probation officer to copy information which the probation officer believes may be evidence of a law violation or technical violation of a condition of supervised release. 7. The defendant shall allow the probation officer to install site-blocking software deemed appropriate by the

Case 1:01-cr-00238-WDM

Document 92

Filed 10/06/2006

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probation officer on any computer used by him, except a computer owned by his employer and not located at the defendant' residence. The defendant shall not attempt to remove or otherwise defeat the site-blocking system s installed by the probation officer. 8. The defendant shall not have any unsupervised contact with anyone under the age of 18. 9. The defendant shall remain compliant and shall take all medications that are prescribed by his treating psychiatrist. The defendant shall cooperate with random blood tests as requested by the treating psychiatrist and/or supervising probation officer to ensure that a therapeutic level of his prescribed medications is maintained. 10. The defendant shall ingest Depo-Provera if not medically contraindicated. RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS: Petitioner states there is probable cause to believe that the Defendant has violated a condition of his supervised release as more particularly described in the attachment which is incorporated by reference. Pursuant to 18 U.S.C. § 3606, Petitioner requests that the Court issue a warrant for the arrest of the Defendant who violated a condition of his supervised release and that this petition and the warrant be sealed until after Defendant' arrest. s I state under penalty of perjury that the foregoing matters are true and correct to the best of my knowledge and belief. Executed this _____5th_____ day of ___October______________, 2006_____. s/Jennifer Nuanes Jennifer Nuanes, Senior U.S. Probation Officer ORDER OF THE COURT Based upon the foregoing, I find probable cause exists to believe the Defendant has violated a condition of his supervised release. I order that a warrant for Defendant' arrest be issued and that this Petition and Order, as well as the s warrant, be sealed until Defendant' arrest. s Dated this 6th day October, 2006 s/ Walker D. Miller _______________________________________ WALKER D. MILLER, United States District Judge

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ATTACHMENT Attached hereto as Exhibit A and incorporated by reference, is a true copy of the conditions of supervised release which was signed by the defendant on July 31, 2006. His signature on this occasion acknowledges that the conditions had been read to him, that he fully understood the conditions, and that he was provided a copy of them. The term of supervised release recommenced on July 17, 2006. The defendant was not placed on home detention because he has not secured a residence that allows him to install and maintain a telephone. However, the defendant was instructed to follow a daily curfew. The defendant has committed the following violations of supervised release: 1. FAILURE TO PARTICIPATE IN SEX OFFENDER TREATMENT, AS DIRECTED BY THE PROBATION OFFICER:

The defendant was terminated from sex offender treatment due to noncompliance, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On October 4, 2006, the defendant was unsuccessfully discharged from sex offender treatment at The Offenders Group, due to noncompliance with The Offenders Group Treatment Program requirements. The defendant' history of noncompliance/relapse is as follows: s On August 15, 2006, the defendant completed an intake assessment, signed a treatment contract at The Offenders Group and began sex offender treatment at this agency. During this intake, the defendant disclosed that since his release from custody on July 17, 2006, he had already attended adult bookstores and paid a prostitute $4 to touch her breasts. On August 30, 2006, during a group session while Senior United States Probation Officer Jennifer Nuanes was present, the defendant made the following disclosure: 1) He attended adult bookstores more than 20 times; 2) He masturbated in the alley outside the homeless shelter at least three times (twice with a blanket covering himself); 3) He stood outside the treatment agency and watched children who attended the school directly across the street leave the school; 4) He paid a woman outside the homeless shelter money to touch her breasts. On August 31, 2006, during a routine home contact, the defendant made the following disclosure to Senior United States Probation Officer Jennifer Nuanes and Supervising United States Probation Officer Grace Sena: 1) He masturbated in an alley outside the Rescue Mission while reviewing pornography; 2) The pornographic magazine to which he masturbated was obtained from other " homeless people." On September 21, 2006, during an individual counseling session, the defendant made the following numerous disclosures of high risk behavior in which he had been engaging since his release from custody and since beginning treatment:

Case 1:01-cr-00238-WDM

Document 92

Filed 10/06/2006

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1) He attended adult bookstores, watched pornographic videos, and masturbated approximately five to ten times since entering treatment; 2) He went to Auraria Campus to access the Internet and attempted to download nude pictures of Halle Barry, Paris Hilton, Madonna, and Jennifer Lopez; 3) He engaged in " grooming"behaviors by giving a woman on the street $5; 4) He paid a prostitute $4 to touch her breasts while he masturbated; 5) He paid a prostitute $15 to perform oral sex on him one to two weeks after beginning treatment; 6) He masturbated approximately 15 times in an alley behind the homeless shelter where he was staying since his release from jail and at least one time since beginning treatment; 7) He intentionally touched a woman' buttocks at a 7-11 store, without her consent, approximately two - three s weeks after beginning treatment; 8) He purposely touched a female at the homeless shelter on her buttocks and leg, without her consent. These disclosures are direct violations of the treatment contract that the defendant executed with The Offender' s Group. The discharge summary also reflects the following conclusions: The defendant continues to engage in the same high-risk behaviors that resulted in his revocation of supervised release in May 2006. He also " continues to have difficulty understanding the seriousness of his behaviors, and attempts to manipulate treatment providers by implying that if he does not succeed in treatment, it is because we ` not let him' In spite of the fact that Mr. did ." Ormsby has attended sessions at the treatment agency, treatment is not a priority in his life; he continues to engage in deviant sexual behaviors and is not willing to discontinue these behaviors. This has prohibited him from making strides in his treatment program. As Mr. Ormsby has failed in his sex-offense specific treatment program, he has been unsuccessfully discharged from treatment and The Offender' Group program is s recommending that his term of supervised release be revoked and he be returned to prison.