Free Sealed Document - District Court of Colorado - Colorado

Case 1:01-cr-00410-EWN
PROB 12 (02/05-D/CO)

Document 99

Filed 10/25/2007

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. Frank Herbert Wonschik, Jr. Docket Number: 01-cr-00410-EWN-01 Petition on Supervised Release COMES NOW, Jennifer Nuanes, probation officer of the court, presenting an official report upon the conduct and attitude of Frank Herbert Wonschik, Jr. who was placed on supervision by the Honorable Edward W. Nottingham, Chief Judge, sitting in the court at Denver, Colorado, on the 22nd day of May 2002, 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 a program of testing and treatment for alcohol 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 the treatment as directed by the probation officer. 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 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.

2.

RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS: See attached hereto and herein incorporated by reference. PRAYING THAT THE COURT WILL ORDER the issuance of a warrant for violation of probation, and that the petition and warrant be sealed until the arrest of the defendant. ORDER OF THE COURT Considered and ordered this 25th day of October 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/Jennifer Nuanes Jennifer Nuanes Senior Probation Officer s/ Edward W. Nottingham Edward W. Nottingham Chief United States District Judge Place: Denver, Colorado Date: October 25, 2007

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ATTACHMENT On May 22, 2002, and November 1, 2004, the conditions of probation were read and explained to the defendant. On those days, he acknowledged in writing that the conditions had been read to him, that he fully understood the conditions, and that he was provided with a copy of them. The term of supervised release commenced on October 29, 2004. The defendant has committed the following violations of supervised release: 1. USE OF ALCOHOL:

On or about May 8, 2007, the defendant consumed alcohol, which constitutes a Grade C violation of probation. This charge is based on the following facts: On May 9, 2007, a routine home contact was conducted. When the defendant met me at the door, I immediately smelled an odor of alcohol on his breath. When I addressed this issue with the defendant, he admitted that on May 8, 2007, he went to a local tavern entitled "Capital Hill" located on East Colfax Avenue, Denver, Colorado, and consumed alcohol. He stated he could not remember the amount of alcohol he consumed the night before, but admitted he was on a "hang over." Following the admission, the defendant was advised that he had violated his conditions of supervised release. On May 10, 2007, the defendant reported to the office as instructed and again admitted he drank alcohol and apologized for the relapse. 2. POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about July 23, 2007, the defendant used or administered a controlled substance, cocaine, which had not been prescribed to him by a physician, which constitutes a Grade C violation of probation. This charge is based on the following facts: On August 6, 2007, the probation office was notified by the laboratory located in the District of New Mexico that the defendant provided a positive urine specimen for cocaine on July 23, 2007. On August 13, 2007, I met with the defendant and his therapist, Dr. Rod Hoevet, Psy. D., to address this violation. During this meeting, the defendant adamantly denied using any illegal controlled substances. At the conclusion of the meeting, I instructed the defendant to call me the following day to schedule an appointment to meet with myself and Supervising Probation Officer Grace Sena.
Later that same day, I received a voice mail from the defendant admitting that he used "crack" cocaine with a female he recently met. The defendant also explained in the voice mail that he was too embarrassed to admit this violation during the meeting.

On August 27, 2007, the defendant reported to the office for a scheduled meeting with me and Supervising Probation Officer Grace Sena. During this meeting, the defendant admitted he used cocaine with a female acquaintance. Upon conclusion of the meeting, the defendant was advised that the court would be notified about this violation. 3. FAILURE TO PARTICIPATE IN DRUG/ALCOHOL TESTING AS DIRECTED BY THE PROBATION OFFICER:

On September 3, 2007, the defendant failed to submit a random breathalyzer at Correctional Management, Inc. (CMI), which constitutes a Grade C violation of probation. This charge is based on the following facts: On September 3, 2007, the probation office received notification from CMI reflecting that on that same day, the defendant failed to submit a random breathalyzer as required.

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FAILURE TO NOTIFY PROBATION OFFICER OF CHANGE IN RESIDENCE:

On or about September 3, 2007, the defendant moved from his residence at 1560 Sherman Street, Apartment 304, Denver, Colorado, and failed to notify the probation officer of this change within 72 hours of the move, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On September 3, 2007, the defendant left a voice mail stating he will be moving from his current residence to a new one that same day. To date, the defendant has not provided a current address or telephone number.

5.

FAILURE TO PARTICIPATE IN DRUG/ALCOHOL TESTING AS DIRECTED BY THE PROBATION OFFICER:

On September 21, 2007, the defendant failed to submit a random breathalyzer at CMI, which constitutes a Grade C violation of probation. This charge is based on the following facts: On September 21, 2007, the probation office received notification from CMI reflecting that on that same day, the defendant failed to submit a random breathalyzer as required. 6. FAILURE TO PARTICIPATE IN DRUG/ALCOHOL TESTING AS DIRECTED BY THE PROBATION OFFICER:

On September 27, 2007, the defendant failed to submit a random breathalyzer at CMI, which constitutes a Grade C violation of probation. This charge is based on the following facts: On September 27, 2007, the probation office received notification from CMI reflecting that on that same day, the defendant failed to submit a random breathalyzer as required. 7. FAILURE TO PARTICIPATE IN DRUG/ALCOHOL TESTING AS DIRECTED BY THE PROBATION OFFICER:

On October 9, 2007, the defendant failed to submit a random breathalyzer at CMI, which constitutes a Grade C violation of probation. This charge is based on the following facts: On October 9, 2007, the probation office received notification from CMI reflecting that on that same day, the defendant failed to submit a random breathalyzer as required. 8. FAILURE TO PARTICIPATE IN DRUG/ALCOHOL TESTING AS DIRECTED BY THE PROBATION OFFICER:

On October 17, 2007, the defendant failed to submit a random breathalyzer at CMI, which constitutes a Grade C violation of probation. This charge is based on the following facts: On October 17, 2007, the probation office received notification from CMI reflecting that on that same day, the defendant

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failed to submit a random breathalyzer as required. 9. FAILURE TO PARTICIPATE IN DUAL DIAGNOSIS TREATMENT AS DIRECTED BY THE PROBATION OFFICER:

On October 22, 2006, the defendant failed to report to his individual therapy session at CMI, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On May 4, 2006, the Probation Department received notice from CMI that defendant failed to attend his individual therapy session on that same day. 10. FAILURE TO REPORT TO THE PROBATION OFFICER AS DIRECTED:

On October 22, 2007, the defendant was directed to report to the probation officer on Wednesday, October 24, 2007, at 10:00 a.m., and he failed to so report, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On October 22, 2007, I received a telephone call from Dr. Rod Hoevet, Psy.D., the defendant's therapist at CMI advising that he received several emails from the defendant advising that he had no intention of reporting to his scheduled individual session on that same day. I asked Dr. Hoevet to instruct the defendant (via email) to report to his scheduled therapy session and to the probation office on Wednesday, October 24, 2007. On October 23, 2007, at approximately 7:02 p.m., Supervising Probation Officer Grace Sena received a voice mail from the defendant acknowledging that he received notification to report to the probation office.