Free Sealed Document - District Court of Colorado - Colorado

Case 1:00-cr-00201-WYD

Document 52

Filed 07/06/2007

Page 1 of 3

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

Amended Petition on 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.

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 as incorporated by reference. PRAYING THAT THE COURT WILL ORDER an amendment of the original petition by removing all reference to the defendant' arrest on April 5, 2007, by the U.S. Marshals Service relating to alleged charges in Garfield County District s Court that preceded the defendant' placement on supervised release. s ORDER OF THE COURT Considered and ordered this 6th day of July, 2007, 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: June 25, 2007

Case 1:00-cr-00201-WYD

Document 52

Filed 07/06/2007

Page 2 of 3

ATTACHMENT On January 9, 2007, 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 January 8, 2007. The defendant has committed the following violations of supervised release: 1. FAILURE TO PARTICIPATE IN SEX OFFENDER TREATMENT, AS DIRECTED BY THE PROBATION OFFICER:

On October 12, 2006, the defendant was released from the Federal Medical Center in Devens, Massachusetts, and directed to reside at Independence House South Federal (IHSF), 2765 South Federal Boulevard, Denver, Colorado 80236. Although, still a Bureau of Prisons'inmate, the defendant was transferred to that facility to assist his reintegration into the community prior to his discharge date of January 8, 2007. The defendant arrived at IHSF on October 18, 2006. The defendant was then referred to sex offender specific treatment at Redirecting Sexual Aggression (RSA). A preliminary assessment related to treatment amenability and appropriateness was completed on November 1, 2006. The defendant was staffed by RSA and accepted into treatment. The defendant signed treatment contracts with RSA on November 16, 2006. On May 29, 2007, 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: The defendant completed a plethysmograph (arousal) assessment on December 18, 2006. During this assessment, the defendant showed arousal to the following material: sexual contact with a female infant; coercive and persuasive sexual contact with a preschool aged female; coercive sexual contact with a grammar school aged female; and persuasive sexual contact with a grammar school aged male. Based on this assessment, his arousal profile was interpretable and considered deviant. The defendant was required to complete a monitoring polygraph 90 days from the onset of treatment at RSA. He completed this polygraph with Amich & Jenks on February 14, 2007. At the time of this polygraph, the defendant disclosed he had downloaded approximately 17 adult pornographic videos through his cable service; had purchased and viewed adult pornographic magazines; used a public computer and went to a bookstore to view Sally Mann pictures of children in various states of undress and had masturbated to those images; and masturbated to " Harry Potter"movies that he had in his possession. The defendant was asked the following polygraph questions: 1) 2) 3) Do you currently have cable or Internet access at your residence? Answer: No. Do you currently have X-rated pornography in your possession? Answer: No. In the last three months have you followed or stalked anyone? Answer: No.

The defendant produced no significant physiological responses indicative of deception, indicating that he was likely telling the truth to the above-listed questions. Some of the disclosures the defendant made at the time of the polygraph were known, and others were new disclosures. Based on his high-risk behaviors, he was given the following consequences by RSA: Attend a second treatment group, compulsivity, and sign a probationary treatment contract, which is considered the final warning before being terminated from treatment. In this contract, the defendant was given specific instructions that he was only allowed to work, attend treatment, and grocery shop during limited hours. The defendant was also required to complete another polygraph in 90 days.

Case 1:00-cr-00201-WYD

Document 52

Filed 07/06/2007

Page 3 of 3

According to RSA, the defendant made fewer disclosures after his initial polygraph and appeared to be managing his high risk behaviors on a more consistent basis. However, the defendant' primary therapist began to receive feedback from the s defendant' group therapists that his use of passive-aggressive communication increased, and was directed at treatment s providers. The defendant was confronted with his information during an individual session, at which time he adamantly denied engaging in such behaviors. The defendant scheduled a second monitoring polygraph on May 16, 2007, with RSA Polygraph. The day prior to this polygraph, the defendant made new disclosures during his individual counseling session, including having contact with several elderly persons whom he helped and had not disclosed his offense status to. One of these persons had two female children in their care and the defendant failed to remove himself from their presence on multiple occasions. Lastly, the defendant reported he had walked down to a convenience store on Sundays (approximately 20 times) to purchase a newspaper and coffee. The defendant asserted these disclosures constituted the totality of his treatment infractions. However, during the evening of May 15, 2006, at approximately 10:00 p.m., the defendant left a voice mail message for his primary therapist to disclose additional treatment violations. The defendant reported he had been left alone at a work site and had accessed his boss'computer, and attempted to download child pornography. On May 15, 2007, at 10:05 p.m., the defendant left me a voice mail message reporting he was scheduled to complete a polygraph examination on May 16, 2007, at 9:30 a.m. The defendant stated that approximately one and one-half months ago he was working at a construction site and cleaning out an office and saw a computer logged onto the Internet. The defendant stated he attempted to search for child pornography but was only able to access adult pornographic sites. The defendant then stated he was advising me of this because he no longer wants to be controlled by his urges to view child pornography. On May 16, 2007, at his polygraph examination, the defendant disclosed additional information prior to completing the polygraph test. He reported having masturbated to J.C. Penny, Kohls, and Sears advertisements containing images of young girls. The defendant was then asked the following polygraph test questions: 1) 2) 3) Since February 14, 2007, have you masturbated in a public place? Answer: No. Since February 14, 2007, other than what we discussed, have you watched Cable T.V.? Answer: No. Since February 14, 2007, other than what we discussed, have you accessed the Internet? Answer: No.

The defendant produced significant emotional reactions indicative of deception to the questions related to accessing the internet, and produced inconclusive results to the other two questions. Following the polygraph, the defendant made additional disclosures. He reported there were really two instances during which he watched television at someone else' s house, and that at least one of those homes had cable television. He also stated he had actually accessed the internet twice from the office of the superintendent at work; noting that the first time he typed something into the search engine, but then closed the browser and left the office. On May 29, 2007, the defendant was staffed by the RSA treatment team. His pre and post polygraph disclosures, his continued engagement in high-risk behaviors, failure to address these appropriately and honestly in treatment, and his accessing and viewing children in a state of undress constitutes relapse behavior. Based on the above information, the defendant was unsuccessfully terminated from RSA.