Free Sealed Document - District Court of Colorado - Colorado

Case 1:00-cr-00201-WYD

Document 57

Filed 05/01/2008

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. CHRISTOPHER E. CARLYLE Docket Number: 00-cr-00201-WYD-01

Petition for Issuance of Arrest Warrant Due to Violation of Supervised Release COMES NOW, Patrick J. Lynch, probation officer of the court, presenting an official report upon the conduct and attitude of Christopher E. Carlyle who was placed on supervision by the Honorable Wiley Y. Daniel sitting in the court at Denver, Colorado, on the 22nd day of September, 2000, 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 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. The defendant shall not possess or use a computer with access to, or use any other access to, any online computer service at any location without permission from the Probation Department, including any Internet service provider, bulletin board service, private or public computer network.

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On August 2, 2007, the defendant appeared before your honor for a supervised release violation hearing. The defendant admitted to the amended allegation listed in the petition, Failure to Participate in Sex Offender Treatment as Directed by the Probation Officer, and was sentenced to eight (8) months custody of the Bureau of Prisons and twenty-eight (28) months supervised release. The court also imposed special conditions and terms as follows: 3. 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 shall pay the cost of treatment as directed by the probation officer. The Court authorizes the probation officer to release to the treatment agency all psychological reports and/or the presentence report for continuity of treatment. The defendant shall participate in an approved program of sex offender evaluation and treatment, which may include polygraph, plethysmograph and Abel examinations, as directed by the probation officer. The defendant will be required to pay the cost of these evaluations and treatment. The defendant shall comply with the rules and restrictions specified by the treatment agency. The Court authorizes the probation officer to release psychological reports and/or the presentence report to the treatment agency for continuity of treatment. The defendant shall reside in a community corrections center for a period of 6 months, to commence upon release from confinement, and shall observe the rules of that facility. The defendant shall not possess or use a computer with access to, or use any other access to, any online computer service at any location without permission from the Probation Department, including any Internet service provider, bulletin board service, private or public computer network. The defendant shall remain compliant and shall take all medications that are prescribed by his/her treating psychiatrist. The defendant shall cooperate with random blood tests as requested by his treating psychiatrist and/or supervising probation officer to ensure that a therapeutic level of his/her prescribed medications is maintained.

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Case 1:00-cr-00201-WYD

Document 57

Filed 05/01/2008

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RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS: See attachment hereto and herein as incorporated by reference. PRAYING THAT THE COURT WILL ORDER the issuance of a warrant for violations of supervised release and that the petition and warrant be sealed until the arrest of the defendant. ORDER OF THE COURT Considered and ordered this 1st day of May, 2008, and ordered filed under seal 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/Patrick J. Lynch Patrick J. Lynch Senior U.S. Probation Officer

s/ Wiley Y. Daniel
Wiley Y. Daniel U.S. District Judge Place: Denver, Colorado Date: April 24, 2008

Case 1:00-cr-00201-WYD

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ATTACHMENT On February 21, 2008, the conditions of supervised release were read and explained to the defendant. On that date, he acknowledged in writing 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 commenced on February 11, 2008. The defendant has committed the following violation of supervised release: 1. FAILURE TO PARTICIPATE IN SEX OFFENDER TREATMENT, AS DIRECTED BY THE PROBATION OFFICER:

On February 11, 2008, the defendant was released from custody to begin his twenty-eight (28) month term of supervised release. On February 21, 2008, the defendant was referred to Redirecting Sexual Aggression, Inc., (RSA), and he was seen for a preliminary assessment interview on March 6, 2008. The purpose of that interview was to assess the defendant's appropriateness and amenability for entry into their Offense Specific Treatment Program. The RSA treatment team reviewed his case and accepted him into their program on March 11, 2008. On April 22, 2008, I received notice from RSA that the defendant was unsuccessfully terminated from sex offense specific treatment which constitutes a Grade C Violation of supervised release. This charge is based on the following facts: On April 9, 2008, I approved the defendant to leave his current placement at Independence House South Federal (IHSF) and travel to Glenwood Springs, Colorado, in order to visit his mother, who was suffering from leukemia and had recently been placed in hospice care. Travel was also approved by the defendant's sex offender treatment program, RSA. The defendant was authorized to leave on April 10, 2008, and travel with his sister to his mother's home. The defendant's sister was to act as an informed supervisor for the limited purpose of this crucial visit, because although she is not an official informed supervisor, the defendant's mother was terminally ill and I believed the defendant should have the opportunity to have closure with his mother. Approval was granted after the defendant submitted a safety plan to RSA indicating the actions he would take to minimize any risk to himself and the community. The defendant was directed to return to IHSF no later than 1800 hours on April 12, 2008. On April 17, 2008, I met in person with the defendant and his primary sex offense therapist at RSA. The purpose of this meeting was to address treatment violations he sustained while in Glenwood Springs, Colorado, as well as other treatment violations since his referral to RSA. The following violations were addressed at this meeting: On April 1, 2008, the defendant submitted a weekly checklist of behavior accountability to RSA and admitted having masturbated on three occasions to images contained in newspaper inserts. On April 8, 2008, the defendant submitted a weekly checklist of behavior accountability to RSA and admitted to having masturbated on two occasions to images contained in newspaper inserts. On April 15, 2008, the defendant submitted a weekly checklist of behavior accountability to RSA and admitted to having masturbated on three occasions to images contained in newspaper inserts.

Case 1:00-cr-00201-WYD

Document 57

Filed 05/01/2008

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The defendant reported on April 12, 2008, his cousin brought her two (2) year-old son to his mother's house, the same location the defendant had been approved to visit. The defendant remained at the residence during this time, not using any adaptive coping responses to avoid the situation, in violation of his safety plan and the rules of RSA pertaining to having any contact with any person under the age of eighteen (18). At the conclusion of this meeting, the defendant was admonished regarding his behavior and lack of progress in treatment. On April 22, 2008, the defendant contacted me by telephone and reported the following information: After leaving his sex offender treatment session at RSA on April 17, 2008, the defendant reported he stopped at a Western Gas Station and purchased a pornographic magazine, "Barely 18." The defendant admitted that he later used this magazine as stimulus to masturbate. The defendant was aware, from signing his treatment contracts, that all forms of pornography are a violation of RSA rules. In addition, the defendant admitted that while visiting his mother in Glenwood Springs, Colorado, he stole three (3) of his mother's 80 milligram, "long-lasting morphine pills." The defendant reported he took these pills with the intention of taking his own life. When he returned to IHSF on April 17, 2008, the defendant stated he took all three (3) pills which made him sleep for approximately 16 hours. The defendant further reported that he later attempted to commit suicide by "cutting myself on my arms and legs." The defendant also reported that on March 27, 2008, one of his roommates at IHSF brought some videotapes to their room without the knowledge that one of the videotapes contained adult pornography. The defendant reported that he found this video, viewed it, and later used it as stimulus to masturbate. The defendant admitted that he failed to promptly report any of this information to RSA or probation. Based on the above information, the defendant's case was staffed by the RSA Treatment Containment Team. On April 22, 2008, it was determined by RSA that the defendant had violated his treatment contracts by having contact with a minor, stealing medication from his mother, purchasing and viewing pornography, and keeping secrets from his containment team.