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

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

Document 40

Filed 03/13/2006

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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. 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 modification of the defendant's conditions of probation to include a special 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. The defendant shall observe the rules of that facility. ORDER OF THE COURT Considered and ordered this 13th day of March , 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 Place: Denver, Colorado Date: March 10, 2006

s/ Robert E. Blackburn
Robert E. Blackburn Chief U.S. District Judge

Case 1:03-cr-00156-REB

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Filed 03/13/2006

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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. Attached hereto as Exhibit B and incorporated by reference is a signed statement executed by the defendant and defense counsel, which waives the right to hearing and agrees to the proposed modification of the defendant's conditions of supervised release. AUSA Joshua Stein has been consulted and has no objection to the proposed modification. This petition is based on the following facts: On October 20, 2003, the defendant provided a urine specimen at the Probation Department. The specimen tested positive for marijuana. On October 29, 2003, I asked the defendant about the positive urine specimen. The defendant told me that she accidently used marijuana. The defendant said that she was around people who were using marijuana and smoked a cigarette. She said that she was unaware that the cigarette contained marijuana. On December 3, 2003, I received results of a urine specimen that the defendant provided at Addiction Research and Treatment Services (ARTS) on November 24, 2003. The specimen tested positive for cocaine. On December 10, 2003, the defendant met with her counselor at ARTS and admitted using cocaine. The defendant said that she was feeling stress regarding her situation. On September 1, 2004, I received results of a urine specimen that the defendant provided at ARTS on August 23, 2004. The specimen tested positive for cocaine. On September 10, 2004, the defendant was asked about the positive urine test. The defendant told me that she was cleaning a residence and noticed a powdery substance. The defendant said that she tasted the substance and then realized it was cocaine. On August 1, 2005, I received results of a urine specimen that the defendant provided at the Probation Department on July 25, 2005. The specimen tested positive for cocaine. When confronted about the positive test result, the defendant admitted ingesting cocaine but claimed that it was an accident. The defendant said that her friend told her to close her eyes and open her mouth because she had a surprise for her. The defendant claims that her friend placed a "large chunk" of cocaine in her mouth while her eyes were closed and she ingested it. The defendant failed to provide a random urine specimen on February 17, August 18, October 11, October 25, November 29, 2004. The defendant failed to attend treatment on March 4, and July 14, 2004.

Case 1:03-cr-00156-REB

Document 40

Filed 03/13/2006

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In January 2005, the defendant reported that she fell on ice and sustained a knee injury. The defendant was unable to regularly provide random urine specimens or attend substance abuse/mental health treatment. Due to the medical problems, the Probation Department worked with the defendant by excusing her from numerous urine tests and counseling sessions. It should be noted that the defendant provided medical documentation regarding the accident which indicated that the defendant was only able to walk short distances. In October 2005, the defendant's term of probation was extended one year. Since her hearing on October 31, 2005, the defendant has incurred numerous violations of probation. The defendant provided urine specimens at ARTS on February 7, and 13, 2006, which tested positive for cocaine. The defendant once again failed to take personal responsibility for her illegal drug use. The defendant failed to provide a random urine specimen on November 14, 29, December 2, 21, 2005, January 5, 13, 23, 27, February 17, and 27, 2006. The defendant failed to attend treatment on January 26, February 14, and March 7, 2006. Due to the defendant's continued substance abuse, and her failure to take personal responsibility for her illegal drug use, I recommend that the defendant be placed into a community corrections center. I believe that the defendant can benefit from the added structure of the community corrections center. A tentative intake date is scheduled for March 23, 2006. The defendant will continue to attend substance abuse/mental health treatment and will continue to provide random urine specimens.