Free Sealed Document - District Court of Colorado - Colorado

Case 1:03-cr-00156-REB

Document 42

Filed 07/07/2006

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. LYNDA S. BENNETT Docket Number: 03-cr-00156-REB Petition on Probation COMES NOW, Gary R. Kruck, probation officer of the court, presenting an official report upon the conduct and attitude of LYNDA S. BENNETT who was placed on supervision by the Honorable Robert E. Blackburn sitting in the court at Denver, Colorado, on the 17th day of October, 2003, who fixed the period of supervision at two (2) 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 abstain from the use of alcohol or other intoxicants. At her own expense, the defendant shall undergo a mental health evaluation and a separate alcohol substance abuse evaluation as arranged, scheduled and coordinated by the probation department. Thereafter, the defendant shall receive at her own expense any treatment, therapy, counseling, testing or education provided by those evaluations or as directed by the probation department. On October 24, 2005, the defendant's term of probation was extended one (1) year. On March 13, 2006, the defendant's conditions of probation were modified to include a condition requiring the defendant to reside in a community corrections center for a period of up to six (6) months, or until such time as the defendant is released from the facility by the probation officer. RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS: See attachment hereto and herein incorporated by reference. PRAYING THAT THE COURT WILL ORDER the issuance of a warrant for violations of probation and that the petition and warrant be sealed until the arrest of the defendant. ORDER OF THE COURT Considered and ordered this 7th day of July , 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 to the best of my knowledge. s/Gary R. Kruck Gary R. Kruck Senior U.S. Probation Officer s/ Robert E. Blackburn Robert E. Blackburn Chief U.S. District Judge Place: Denver, Colorado Date: July 6, 2006

Case 1:03-cr-00156-REB
PROB 12 (02/05-D/CO)

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Filed 07/07/2006

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ATTACHMENT Attached hereto as Exhibit A and incorporated by reference is a true copy of the conditions of probation signed by the defendant on October 17, 2003, acknowledging that the conditions have been read to her, that she fully understood the conditions, and that she was given a copy of them. The term of probation commenced on October 17, 2003. The defendant has committed the following violations of probation: 1. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about June 25, 2006, the defendant used or administered a controlled substance, cocaine, which had not been prescribed to her by a physician, which constitutes a Grade C violation of probation. This charge is based on the following facts: On June 25, 2006, the defendant provided a random urine specimen at Independence House (community corrections center). The specimen tested positive for cocaine. 2. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about March 23, 2006, the defendant used or administered a controlled substance, cocaine, which had not been prescribed to her by a physician, which constitutes a Grade C violation of probation. This charge is based on the following facts: On March 23, 2006, the defendant provided a random urine specimen at Independence House. The specimen tested positive for cocaine. 3. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about February 13, 2006, the defendant used or administered a controlled substance, cocaine, which had not been prescribed to her by a physician, which constitutes a Grade C violation of probation. This charge is based on the following facts: On February 13, 2006, the defendant provided a random urine specimen at Addiction Research and Treatment Services (ARTS). The specimen tested positive for cocaine. 4. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about February 7, 2006, the defendant used or administered a controlled substance, cocaine, which had not been prescribed to her by a physician, which constitutes a Grade C violation of probation. This charge is based on the following facts: On February 7, 2006, the defendant provided a random urine specimen at ARTS. The specimen tested positive for cocaine.

Case 1:03-cr-00156-REB
PROB 12 (02/05-D/CO)

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Filed 07/07/2006

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5.

POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about July 25, 2005, the defendant used or administered a controlled substance, cocaine, which had not been prescribed to her by a physician, which constitutes a Grade C violation of probation. This charge is based on the following facts: On July 25, 2005, the defendant provided a random urine specimen at the Probation Department. The specimen tested positive for cocaine. 6. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about August 23, 2004, the defendant used or administered a controlled substance, cocaine, which had not been prescribed to her by a physician, which constitutes a Grade C violation of probation. This charge is based on the following facts: On August 23, 2004, the defendant provided a urine specimen at ARTS. The specimen tested positive for cocaine. 7. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about November 24, 2003, the defendant used or administered a controlled substance, cocaine, which had not been prescribed to her by a physician, which constitutes a Grade C violation of probation. This charge is based on the following facts: On November 24, 2003, the defendant provided a urine specimen at ARTS. The specimen tested positive for cocaine. 8. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about October 20, 2003, the defendant used or administered a controlled substance, marijuana, which had not been prescribed to her by a physician, which constitutes a Grade C violation of probation. This charge is based on the following facts: On October 20, 2003, the defendant provided a random urine specimen at the Probation Department. The specimen tested positive for marijuana. 9. FAILURE TO PARTICIPATE IN DRUG TREATMENT AS DIRECTED BY THE PROBATION OFFICER:

The defendant failed to provide a urine specimen at Addiction Research and Treatment Services (ARTS), the testing and treatment program in which the probation officer had directed her to participate, on January 2, February 17, August 18, September 22, October 11, and November 29, 2004, which constitutes a Grade C violation of probation.

Case 1:03-cr-00156-REB
PROB 12 (02/05-D/CO)

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Filed 07/07/2006

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This charge is based on the following facts: On or about December 10, 2003, January 23, February 2, April 16, June 1, and September 10, 2004, the defendant signed a program plan which acknowledged that she was aware that she needed to provide random urine specimens at ARTS. The Probation Department received written notification from ARTS that the defendant failed to provide a random urine specimen on January 2, February 17, August 18, September 22, October 11, and November 29, 2004. 10. FAILURE TO PARTICIPATE IN DRUG TREATMENT AS DIRECTED BY THE PROBATION OFFICER:

The defendant failed to provide a urine specimen at the Probation Department on November 14, 29, December 2, 21, 2005, and January 5, 2006, which constitutes a Grade C violation of probation. This charge is based on the following facts: On October 24, 2005, the defendant's period of probation was extended for an additional year. On that same date the defendant told me that it was easier for her to provide random urine specimens at the Probation Department instead of at ARTS. I told the defendant that she could provide random urine specimens at the Probation Department instead of providing at ARTS. The defendant failed to provide a urine specimen at the Probation Department on November 14, 29, December 2, 21, 2005, and January 5, 2006. 11. FAILURE TO PARTICIPATE IN DRUG TREATMENT AS DIRECTED BY THE PROBATION OFFICER:

The defendant failed to provide a random urine specimen at ARTS, the testing and treatment program in which the probation officer had directed her to participate, on January 13, 23, 27, February 17, 27, and March 13, 2006, which constitutes a Grade C violation of probation. This charge is based on the following facts: On January 11, 2006, I instructed the defendant to begin providing random urine specimens at ARTS instead of at the Probation Department. The Probation Department received written notification from ARTS that the defendant failed to provide a urine specimen on January 13, 23, 27, February 17, 27, and March 13, 2006. 12. FAILURE TO PARTICIPATE IN DRUG AND MENTAL HEALTH TREATMENT AS DIRECTED BY THE PROBATION OFFICER:

The defendant failed to attend substance abuse/mental health treatment at ARTS, the testing and treatment program in which the probation officer had directed her to participate, on March 4, July 14, 2004, January 26, March 7, and 21, 2006, which constitutes a Grade C violation of supervised release.

Case 1:03-cr-00156-REB
PROB 12 (02/05-D/CO)

Document 42

Filed 07/07/2006

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This charge is based on the following facts: On or about December 10, 2003, January 23, February 2, April 16, June 1, September 10, 2004, and March 29, 2006, the defendant signed a program plan which acknowledged that she was aware that she needed to attend substance abuse/mental health treatment at ARTS. The Probation Department received written notification from ARTS that the defendant failed to attend treatment on March 4, July 14, 2004, January 26, March 7, and 21, 2006.