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

Case 1:00-cr-00246-WYD

Document 39

Filed 09/21/2007

Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. Peggy Sue Jones Docket Number: 00-cr-00246-WYD-01 Petition on Supervised Release COMES NOW, Kathleen A. Keenan, probation officer of the Court, presenting an official report upon the conduct and attitude of Peggy Sue Jones, who was placed on supervision by the Honorable Wiley Y. Daniel sitting in the Court at Denver, Colorado, on the 28th day of November, 2000, who fixed the period of supervision at four (4) 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. 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.

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 violation of supervised release. ORDER OF THE COURT Considered and ordered this 21st day of September, 2007, 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/Kathleen A. Keenan Kathleen A. Keenan Senior Probation Officer

s/ Wiley Y. Daniel
Wiley Y. Daniel United States District Judge Place: Colorado Springs, Colorado Date: September 17, 2007

Case 1:00-cr-00246-WYD

Document 39

Filed 09/21/2007

Page 2 of 3

ATTACHMENT On November 28, 2000; October 10, 2003; June 9, 2004; October 4, 2004, and April 2, 2007, the conditions of supervised release were read and explained to the defendant. On each date, the defendant acknowledged in writing that the conditions had been read to her, that she fully understood the conditions, and that she was provided with a copy of them. The term of supervised release commenced on October 10, 2003. This defendant has committed the following violations of supervised release: 1. VIOLATION OF THE LAW:

On May 10, 2007, the defendant committed Driving Under the Influence, in violation of C.R.S. 42-4-1301(1)(a); DUI per se, in violation of 42-4-1301(2)(a); Careless Driving, in violation of 42-4-1402, and License PlatesExpired, in violation of 42-3-114(1)(a), which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On May 10, 2007, the defendant was involved in a motorcycle accident and taken to Memorial Hospital. It was determined the defendant was under the influence of alcohol at the time of the accident. The defendant was charged in El Paso County Court Docket No. 2007-T-8406 with Count 1 - Driving Under the Influence; Count 2 - DUI per se; Count 3 - Careless Driving, and Count 4 - License Plates-Expired. The defendant is scheduled to appear for trial on October 22, 2007. 2. FAILURE TO REPORT ARREST/QUESTIONING BY LAW ENFORCEMENT:

On or about May 10, 2007, the defendant was contacted by Colorado Springs Police Officers and failed to report the contact to the probation officer within 72 hours, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On May 10, 2007, the defendant was involved in a motorcycle accident and was charged with Driving Under the Influence of Alcohol. The defendant failed to report being charged with a new criminal case within 72 hours. On May 13, 2007, the defendant reported that she had been hospitalized as a result of a motorcycle accident, but failed to notify me that she had been charged with a new criminal offense. The defendant did not acknowledge that she had been charged with a new criminal charge until I asked her about the offense on August 31, 2007, following discovery of the defendant being charged with a new criminal case when conducting a random criminal record check.

Case 1:00-cr-00246-WYD

Document 39

Filed 09/21/2007

Page 3 of 3

3.

FALSIFYING WRITTEN REPORT(S):

On or about June 2, 2007, the defendant submitted a written report for the month of May 2007, and answered the question, "Were you arrested or named as a defendant in any criminal case?" as "no," when, in fact, she had been issued a summons and charged with a new criminal case, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On May 10, 2007, the defendant was issued a summons and charged with a new criminal offense, Driving Under the Influence of Alcohol, and when she submitted her monthly written report for May 2007, she marked "no" when asked, "Were you arrested or named as a defendant in any criminal case?" Ms. Jones is due to terminate from supervised release supervision on October 9, 2007, and a "yes" response would have had an impact on her status on supervision. When I questioned the defendant on August 31, 2007, concerning the false statements regarding the pending criminal case, it was clear she hoped that the criminal case would not have been detected until after her supervision had been terminated. She also failed to mention her May 2007, arrest on her June and July 2007, monthly report forms.