Free Petition/Order Modifying Conditions of Supervision - District Court of Colorado - Colorado

Case 1:01-cr-00053-LTB
PROB 12 (02/05-D/CO)

Document 75

Filed 08/31/2006

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. Ronald James Fisher, Jr. Docket Number: 01-cr-00053-LTB-01

Petition to Modify Conditions of Supervised Release COMES NOW, Thomas Meyer, probation officer of the court, presenting an official report upon the conduct and attitude of Ronald James Fisher, Jr. who was placed on supervision by the Honorable Lewis T. Babcock sitting in the court at Denver, Colorado, on the 23rd day of October, 2001, who fixed the period of supervision at three (3) years, 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 testing and treatment for drug abuse, as directed by the probation officer, until such time as the defendant is released from the program by the probation officer. The defendant shall abstain from the use of alcohol or other intoxicants during the course of treatment. The defendant will be required to pay the cost of treatment as directed by the probation officer.

RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS:
(If short insert here: if lengthy write on separate sheet and attach)

See attachment hereto and herein incorporated by reference.

PRAYING THAT THE COURT WILL ORDER the issuance of a summons for the defendant to appear at a modification hearing. ORDER OF THE COURT Considered and ordered this 31st day of August, 2006, and ordered filed and made a part of the record in the above case. I declare under penalty of perjury that the foregoing is true and correct. s/ Thomas Meyer Thomas Meyer Senior Probation Officer s/Lewis T. Babcock Lewis T. Babcock Chief U.S. District Judge Place: Denver, Colorado Date: August 29, 2006

Case 1:01-cr-00053-LTB

Document 75

Filed 08/31/2006

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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 were read and provided to the defendant on June 21, 2005, and reviewed again on December 1, 2005, acknowledging that the conditions had been read and explained to him and that he had been given a copy of them. The defendant commenced his term of supervised release on June 17, 2005. During his period of supervised release, the defendant has allegedly failed to comply with his conditions of supervision by his failure to participate in drug treatment on two occasions, his failure to report contact with law enforcement on one occasion, and his consumption of alcohol while in drug treatment on multiple occasions. The defendant failed to attend drug treatment sessions at Addiction Research and Treatment Services (ARTS) on July 7, 2005, and August 12, 2005. He stated that he was confused about the July 7, 2005, appointment date. The defendant said that he was ill and thus unable to attend the August 12, 2005, counseling session. During my home contact with the defendant on November 29, 2005, Supervising U.S. Probation Officer (SUSPO) Richard Vaccaro noted a Denver Police Department summons lying on a kitchen countertop. According to the summons, the defendant has been cited by that agency for Urinating in Public on November 15, 2005. The defendant failed to report this police contact to me within 72 hours and was admonished. During this home contact, the defendant also told us that he had been consuming alcohol two to three times per week since the onset of supervised release, which was in violation of his conditions of supervision. He was admonished and instructed to immediately cease the consumption of alcohol. In addition, I met with the defendant at my office on December 1, 2005, for the purpose of reviewing his conditions of supervised release for a second time and I specifically emphasized the condition that prohibited him from consuming alcohol or other intoxicants until he had concluded his period of drug treatment. I further emphasized the requirement that he report all law enforcement contact to me within 72 hours. The defendant and I re-signed the Acknowledgment of Conditions form and I provided him with a copy of that document. He told me that he clearly understood his conditions of supervision. I told him that if he were to continue consuming alcohol, I would likely seek a Residential Re-Entry Center (RRC) placement. On March 26, 2006, the defendant informed me that despite my previous instructions to cease the consumption of alcohol, he continued to drink alcohol once a week, consuming two or three malt liquor beers per occasion. I warned him that if he continued to consume alcohol, I would likely seek the RRC placement. On May 24, 2006, the defendant informed me that he had been arrested on May 22, 2006, by the Aurora, Colorado Police Department and charged with Driving Under the Influence (this case remains pending). The defendant denied that he had driven a motor vehicle and told me that his wife had been the driver. He stated that they had parked the car at a convenience store at about 4:30 a.m. The defendant indicated that he and his wife had argued and that she had walked away from the motor vehicle, leaving him there alone. He reported that he moved into the driver' seat where he fell asleep and was s subsequently contacted by the Aurora Police Department. On May 24, 2006, the defendant further informed me that he had continued to consume alcohol three to four times per week since December 2005, and that he typically consumed a twelve pack of beer per drinking occasion. He described himself as an " alcoholic" . In response to these continued violations of his conditions of supervision, I placed the defendant into weekly group counseling at ARTS and discontinued his bi-monthly individual counseling sessions. I indicated that I was going to seek a home confinement special condition as well as a condition requiring him to ingest monitored Antabuse, if not medically contraindicated. The defendant was provided with a copy of the Waiver of Hearing to Modify Conditions of Supervised Release form. However, on July 3, 2006, the defendant told me that he was unable to meet with his attorney, Lafonda Jones, of the Federal Public Defender' Office, until July 6, 2006. s

Case 1:01-cr-00053-LTB

Document 75

Filed 08/31/2006

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In examining the appropriateness of recommending home detention, the probation officer reviewed the stability of the defendant' residence, specifically his relationship with his current girlfriend, Raquel Woods. In September 2005, he s reported that he and Woods were not getting along and that he would likely get his own place to live. He stated Woods believed he should be earning more money at his job. In February 2006, the defendant left me a voice mail message stating that Woods had ordered him to move out of the couple' residence as she believed he had been unfaithful. In June 2006, he s reported that Woods told him to move out of the residence, but later recanted stating that it had been a joke to get him out of the house so that she could plan a surprise Father' Day party. On July 3, 2006, I met with defendant' employer who s s reported that defendant had reported to work that day with a bag of clothing, was very upset, and had alluded to having domestic problems at home. The defendant later reported to me that he had packed clothing in a bag, as he and Woods had checked into a Motel 6 for a " change in scenery" The defendant later admitted that he had been at the motel with his . brother and not Woods. SUSPO Grace Sena and I conducted a three-way interview with the defendant at which time we stated that we would no longer request that the Court order a home detention modification due to what appears to be instability with the couple' s relationship. Rather, we would instead request that the Court order a RRC modification of up to 120 days. In addition, I stated that I would also request that the Court order the defendant to take monitored Antabuse and participate in alcohol testing/treatment. I provided the defendant with the amended Waiver of Hearing to Modify Conditions of Supervised Release form for him to review with his attorney. On July 31, 2006, the defendant' attorney, Lafonda Jones, advised me that she had spoken with the defendant on that date. s She reported that he had declined to sign the Waiver of Hearing to Modify Conditions of Supervised Release form and requested that the Court schedule a modification hearing. Consequently, I am asking that the Court order the issuance of a summons for the defendant to appear at a modification hearing. Specifically, I will be asking the Court to modify the defendant' conditions of supervision to include special conditions requiring that he reside in a RRC for a period of up to s 120 days, that he ingest monitored Antabuse, if not medically contraindicated, and that he participate in a program of testing/treatment for alcohol abuse.