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

Case 1:01-cr-00321-LTB

Document 1201

Filed 08/18/2008

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PROB 12(02/05-D/CO)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. MARK ANTHONY GREENE Docket Number: 01-cr-00321-LTB-01

Petition for Modification of Conditions of Supervised Release COMES NOW, Jason M. Kemp, probation officer of the court, presenting an official report upon the conduct and attitude of Mark Anthony Greene, who was placed on supervision by the Honorable Lewis T. Babcock sitting in the court at Denver, Colorado, on the 6th day of May 2003, who fixed the period of supervision at five (5) years, and imposed the general terms and conditions theretofore adopted by the court and also imposed special conditions and terms as follows: None. 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 supervised release to include the following special conditions: 1) The defendant shall participate in a program of mental health treatment, to include anger management counseling, 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; and 2) 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. ORDER OF THE COURT Considered and ordered this 18th day of August 2008, 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/Jason M. Kemp Jason M. Kemp U.S. Probation Officer s/Lewis T. Babcock Lewis T. Babcock Senior U. S. District Court Judge Place: Denver Date: August 8, 2008

Case 1:01-cr-00321-LTB

Document 1201

Filed 08/18/2008

Page 2 of 5

ATTACHMENT On February 22, 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 22, 2008. The reasons for the proposed modification are as follows: At the onset of his term of supervised release, the defendant resided with his girlfriend, Eunice Thomas, at 4310 Cook Street, Apartment #2, Denver, Colorado 80216. On February 25, 2008, the defendant was arrested by the Denver Police Department (DPD) for allegedly committing aggravated assault against Ms. Thomas. He was held in custody at the Denver County Jail until February 28, 2008, when authorities decided not to formally charge him. According to the DPD detective assigned to the case, the incident was a "mutual combat" situation between the defendant and Ms. Thomas. The detective informed this probation officer that Ms. Thomas was very uncooperative with authorities, and she refused to press charges against the defendant. Based on the aforementioned information, the Denver District Attorney's Office chose not to pursue charges against the defendant. NOTE: The DPD police report alleges that the defendant threw Ms. Thomas against a wall during an argument, causing a large hole to be made. He then allegedly choked her until she was almost unconscious. Ms. Thomas reportedly defended herself by biting the defendant and hitting him with an ashtray. It is further alleged that the defendant sprayed Ms. Thomas with pepper spray during the altercation. It should also be noted that Ms. Thomas was pregnant when this altercation occurred. The defendant contacted this probation officer via telephone immediately upon his release from custody on February 28, 2008. He asked permission to move from Ms. Thomas' home based on their relationship and communication problems. Permission was granted for the defendant to move, and he was instructed to move to his aunt's home on February 29, 2008. The defendant was also instructed by this probation officer to cease contact with Ms. Thomas once he moved from her residence. An argument occurred between the defendant and Ms. Thomas the evening of February 28, 2008, and DPD was called to the apartment again. Neither party was arrested or charged on this occasion. The defendant left Ms. Thomas' home the evening of February 28, 2008, and moved in with his aunt, Nedra Greene, at 5220 E. 33rd Avenue, Denver, Colorado 80207. On February 29, 2008, the defendant arranged for professional movers to help him gather his belongings from Ms. Thomas' residence. This probation officer and two DPD officers met the defendant and the professional movers at Ms. Thomas' apartment that date. Ms. Thomas was rude and belligerent and would not allow the defendant into her apartment to identify or pack his belongings, even in the presence of two DPD police officers, and me. However, she agreed to allow the movers into her home to collect the defendant's belongings. Due to Ms. Thomas' hostile attitude that day and the fact that the defendant's belongings were unpacked, the movers did not feel comfortable entering the home. The DPD officers who were present could not force
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Case 1:01-cr-00321-LTB

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Ms. Thomas to allow the defendant into her residence. As such, the defendant was instructed to file a petition in small claims court, requesting permission to gather his belongings from Ms. Thomas' apartment. The defendant immediately filed a petition with the Denver County Small Claims Court and this matter is still pending. The defendant secured employment through Kelly Services on March 25, 2008. He has maintained employment through said temporary agency since that date and has continuously worked at the Schneider National warehouse located at 5400 Joliet Street, Denver, Colorado 80239. On April 7, 2008, the defendant and Ms. Thomas were both at the Denver County Small Claims Court in response to the petition filed by the defendant. On that date, Ms. Thomas allegedly slapped the defendant in the face in front of several people. The defendant contacted police in the building that date and asked to press charges against Ms. Thomas. Ms. Thomas was not arrested that date, but was reportedly arrested on April 21, 2008, surrounding the alleged assault. On April 17, 2008, Ms. Thomas contacted this probation officer alleging that the defendant took her vehicle and would not give it back to her. She also alleged that the defendant had been driving without a license for some time, and that he had been associating with a female named Shanell Frazier who is a convicted felon. Ms. Thomas demanded that this probation officer do something about this alleged unlawful conduct immediately. I informed Ms. Thomas to call the police and report any illegal activity that she believed the defendant was engaged in. Ms. Thomas was asked by this probation officer to cease all communication with the defendant. During the same telephone conversation, Ms. Thomas advised that she allowed the defendant and some friends of his to enter her apartment on April 12, 2008, to gather the defendant's belongings. She and the defendant reportedly got into a huge argument that date and a friend of the defendant allegedly pushed her down a flight of stairs. She called DPD that date, and they responded to her residence. No one was arrested or charged. The defendant failed to report his April 7 and April 12, 2008, law enforcement contacts within 72 hours as per his conditions of supervised release. During an office visit on April 18, 2008, Supervising U. S. Probation Officer (SUSPO) Suzanne Wall Juarez and I confronted the defendant on the allegations made by Ms. Thomas on April 17, 2008. The defendant verbally admitted that he had been driving without a license to get to and from work. He then admitted to driving to the probation office that date. The defendant denied any contact with Shanell Frazier, a convicted felon whom the defendant was previously instructed by this probation officer to have no contact with. However, he admitted to having contact with his cousin, Joseph Greene, on April 12, 2008. Joseph Greene is on federal supervision with Senior U.S. Probation Officer Marcee J. Fox for a drug offense. The defendant was previously instructed by this probation officer to have no contact with his cousin, Joseph Greene. The defendant denied borrowing or taking Ms. Thomas' car, and he reported having no knowledge of where the vehicle was. The defendant was admonished for having continued contact with Ms. Thomas after being instructed not to by this probation officer. He was also admonished for associating with his cousin, Joseph Greene, who is a convicted felon. Additionally, the defendant was admonished for driving without a license. During this office visit, the defendant advised that he was "tired" of supervised release and all of the conditions of such. He asked if he could just "turn [himself] in"
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and serve the rest of his sentence in prison. Both myself and SUSPO Wall Juarez informed the defendant that he could not simply "turn himself in" and serve the remainder of his sentence in prison. However, he was informed that continued violations of his conditions of supervised release could result in revocation proceedings being pursued. At the conclusion of the office visit that day, this probation officer personally escorted the defendant to the nearest RTD bus stop. He was instructed to have someone who was licensed to pick up his vehicle. The defendant contacted this probation officer on April 21, 2008, to advise that he obtained his Colorado Driver's License that date. On April 30, 2008, I was conducting routine field work and I called the defendant's cell phone to determine his whereabouts for a field visit. Ms. Thomas answered the defendant's phone and advised that he was at her apartment. I immediately went to Ms. Thomas' apartment and met with both of them separately. The defendant advised that Ms. Thomas called him and asked him to come over as she was having complications with her pregnancy. Ms. Thomas confirmed the defendant's story. I advised both of them that they should not be around each other based on their prior domestic issues. I informed the defendant that he is not permitted to be around Ms. Thomas in the future, unless the contact involves their unborn child. I advised both Ms. Thomas and the defendant that they should consider attending relationship and/or anger management counseling based on their history of domestic problems. Both seemed interested in attending counseling at the time. I subsequently contacted the defendant and provided him with contact information for a local counseling agency that could provide relationship counseling. The defendant later advised that he was not interested in attending counseling with Ms. Thomas, and they do not plan to continue their relationship. There have been no known or reported domestic incidents between the defendant and Ms. Thomas since April 12, 2008. On June 2, 2008, the defendant moved to Aurora, Colorado, to live with his mother, Shirley Greene. Her residence is located at 4257 S. Richfield Street, Aurora, Colorado 80013. The defendant continues to reside with his mother at the present time. On June 28, 2008, the defendant was arrested by the Aurora Police Department and charged with Domestic Violence - Assault and Battery. The alleged victim of this offense was a female named Leah Hughes. The defendant denies assaulting Ms. Hughes and advised that he simply pushed her away from him in an act of self defense. The defendant did a walk-through bond on June 28, 2008. He left a voice mail for this probation officer on June 29, 2008, reporting his June 28 arrest. The aforementioned Domestic Violence - Assault and Battery charge is schedule for jury trial in the Aurora Municipal Court on August 21, 2008. A personal home contact was conducted by this probation officer on July 2, 2008, at the defendant's mother's residence. Senior U.S. Probation Officer Marcee J. Fox was also present that date. We discussed the defendant's June 28, 2008, arrest and his history of violence toward women since his release from custody. I asked the defendant if he was willing to attend mental
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health treatment, including anger management counseling. The defendant stated that he was willing to attend counseling, and he verbally agreed to modify his conditions of supervised release. For the above-mentioned reasons, the Probation Office is recommending that the defendant's conditions of supervised release be modified to include mental health treatment and drug/alcohol testing and treatment. On July 9 and July 31, 2008, respectively, the defendant and his attorney executed a form entitled "Waiver of Hearing to Modify Conditions of Probation/Supervised Release or Extend Term of Supervision" which waives the right to a hearing and agrees to the proposed modification of the conditions of supervised release. AUSA Wayne Campbell has been consulted and he has no objection to the proposed modification.

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