Free Sealed Document - District Court of Colorado - Colorado

Case 1:01-cr-00036-WDM

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Filed 01/28/2008

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. James W. Perry Docket Number: 01-cr-00036-WDM-01 Petition on Supervised Release COMES NOW, Kathleen A. Keenan, probation officer of the court, presenting an official report upon the conduct and attitude of James W. Perry who was placed on supervision by the Honorable Walker D. Miller sitting in the court at Denver, Colorado, on the 17th day of May, 2002, who fixed the period of supervision at 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 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.

On October 4, 2007, the defendant's conditions of supervised release were modified by the Court to include the following: 2. 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. The defendant shall remain compliant and shall take all medications that are prescribed by his treating psychiatrist. The defendant shall cooperate with random blood tests as requested by his treating psychiatrist and/or supervising probation officer to ensure that a therapeutic level of his prescribed medications are maintained. The defendant shall reside in a residential re-entry center for a period of up to 4 months to commence as soon as bed space is available, and shall observe the rules of that facility.

3.

RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS:
(If short insert here: if lengthy write on separate sheet and attach)

Petitioner states there is probable cause to believe that the Defendant has violated a condition of supervised release as more particularly described in the attachment which is incorporated by reference. Pursuant to 18 U.S.C. § 3606, Petitioner requests that the Court issue a warrant for the arrest of the Defendant who violated a condition of supervised release and that this petition and the warrant be sealed until after Defendant's arrest. I state under penalty of perjury that the foregoing matters are true and correct to the best of my knowledge and belief. Executed this 25th day of January, 2008. /s/Kathleen A. Keenan Kathleen A. Keenan, Senior Probation Officer ORDER OF THE COURT Based upon the foregoing, I find probable cause exists to believe the Defendant has violated a condition of supervised release. I order that a warrant for Defendant's arrest be issued and that this Petition and Order, as well as the warrant, be sealed until Defendant's arrest. Dated this 28th day of January, 2008 _______________________________________ s/ Walker D. Miller WALKER D. MILLER, United States District Judge

ATTACHMENT

Case 1:01-cr-00036-WDM

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On December 28, 2006, 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 with a copy of them. The term of supervised release commenced on December 29, 2006. The defendant has violated the following conditions of supervised release: 1. VIOLATION OF LAW:

a) On or about June 2, 2007, the defendant committed Third Degree Assault, in violation of Colorado Revised Statute (C.R.S.) 18-3-204. This is a Class 1 Misdemeanor and a crime of violence that is punishable by imprisonment exceeding one year, which constitutes a Grade A violation of supervised release. b) On or about June 2, 2007, the defendant committed Harassment - Strike/Shove/Kick, in violation of Colorado Revised Statute (C.R.S.) 19-9-111(1)(a). This is a Class 3 Misdemeanor, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: According to Colorado Springs Police Offense Report Number 0718838, on June 2, 2007, the defendant and his wife, Kelly Jo Witt, were involved in a domestic violence argument which resulted in both parties sustaining minor injuries. The defendant was arrested on June 4, 2007, and has been charged in El Paso County Court Docket No. 2007-M-4327 with Third Degree Assault and Harassment. Both the defendant and his wife were charged as a result of the incident. On July 31, 2007, charges against the defendant's wife were dismissed. A jury trial has been scheduled for March 10, 2008. 2. VIOLATION OF LAW:

a) On or about August 5, 2007, the defendant committed Extortion - Unlawful Act, in violation of Colorado Revised Statute (C.R.S.) 18-3-207(1)(a),(b)(I). This is a Class 4 Felony, which constitutes a Grade B violation of supervised release. b) On or about August 5, 2007, the defendant committed Felony Menacing - Real/Simulated Weapon, in violation of Colorado Revised Statute (C.R.S.) 18-3-206(1)(a)(b). This is a Class 4 Felony and a crime of violence that is punishable by imprisonment exceeding one year, which constitutes a Grade A violation of supervised release. c) On or about August 5, 2007, the defendant committed Criminal Violation of a Protection Order, in violation of Colorado Revised Statute (C.R.S.) 18-6-803.5(1),(2)(a). This is a Class 1 Misdemeanor, which constitutes a Grade C violation of supervised release. d) On or about August 5, 2007, the defendant committed Obstructing Phone Service, in violation

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of Colorado Revised Statute (C.R.S.) 18-9-306.5. This is a Class 1 Misdemeanor, which constitutes a Grade C violation of supervised release. e) On or about August 5, 2007, the defendant committed Child Abuse - Knowingly/Reckless No Injury, in violation of Colorado Revised Statute (C.R.S.) 18-6-401(1), (7)(b)(I). This is a Class 2 Misdemeanor, which constitutes a Grade C violation of supervised release. f) On or about August 5, 2007, the defendant committed Harassment - Strike/Shove/Kick, in violation of Colorado Revised Statute (C.R.S.) 18-9-111. This is a Class 3 Misdemeanor, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: According to Colorado Springs Police Offense Report Number 07-26402, on August 5, 2007, the defendant and his wife, Kelly Witt Perry, were involved in a domestic argument that escalated to the defendant taking a Samari sword off the wall, and threatening to harm his wife and her 14 year old daughter. On August 9, 2007, the defendant was arrested and charged in El Paso County District Court Docket No. 2007-CR-3666 with the above charges. A jury trial has been scheduled for March 10, 2008. 3. VIOLATION OF LAW:

On or about October 25, 2007, the defendant committed Criminal Violation of Restraining Order, in violation of Colorado Revised Statute (C.R.S.) 18-6-803.5. This is a Class 1 Misdemeanor, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: According to Colorado Springs Police Offense Report Number 07-32356, on or about October 25, 2007, the defendant requested assistance from a third party to communicate with his wife, Kelly Jo Witt, in violation of Permanent Civil Protection Order CO212007C 019676 issued on August 23, 2007. A jury trial has been scheduled for March 10, 2008. 4. FAILURE TO COMPLY WITH THE RULES OF A RESIDENTIAL RE-ENTRY CENTER:

On or about December 5, 2007, the defendant violated 7B-Contraband-Use of Alcohol, at ComCor, a Residential Re-entry Center in Colorado Springs, Colorado, which constitutes a Grade C violation of supervised release.

This charge is based on the following facts.

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On October 4, 2007, the defendant's conditions of supervised release were modified to include that the defendant shall reside at a residential re-entry center for up to 4 months to commence as soon as bed space is available, and shall observe the rules of that facility. On October 26, 2007, the defendant began his placement at ComCor, a residential re-entry center in Colorado Springs, Colorado. On December 5, 2007, the defendant returned to the residential re-entry center and the client specialist detected the smell of alcoholic beverages on the defendant. A breathalyzer test was administered resulting in a B.A.C. reading of .046. The defendant admitted to the consumption of alcohol. As a result of this violation, the defendant lost all pass privileges for a period of one month and is required to do additional chores at the facility. 5. FAILURE TO COMPLY WITH THE RULES OF A RESIDENTIAL RE-ENTRY CENTER:

On or about January 24, 2008, the defendant violated 7B-Contraband-Use of Alcohol, at ComCor, a Residential Re-entry Center in Colorado Springs, Colorado, which constitutes a Grade C violation of supervised release. This charge is based on the following facts. On October 4, 2007, the defendant's conditions of supervised release were modified to include that the defendant shall reside at a residential re-entry center for up to 4 months to commence as soon as bed space is available, and shall observe the rules of that facility. On October 26, 2007, the defendant began his placement at ComCor, a residential re-entry center in Colorado Springs, Colorado. On January 24, 2008, the defendant returned to the residential re-entry center and the client specialist detected the smell of alcoholic beverages on the defendant. A breathalyzer test was administered resulting in a B.A.C. reading of .014. As a result of this violation, the defendant was placed on facility hold and instructed to remain at the facility until his probation officer had been consulted. 6. FAILURE TO RESIDE IN/COMPLY WITH RULES OF A RESIDENTIAL REENTRY CENTER:

On or about January 24, 2008, the defendant left ComCor, a Residential Re-entry Center in Colorado Springs, Colorado, without authorization, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On October 4, 2007, the defendant's conditions of supervised release were modified to include that the defendant shall reside at a residential re-entry center for up to 4 months to commence as soon as bed space is available, and shall observe the rules of that facility. On October 26, 2007, the defendant began his placement at ComCor, a residential re-entry center in Colorado Springs, Colorado. On January 24, 2008, the defendant returned to the residential re-entry center and the client specialist detected the smell of alcoholic beverages on the defendant. A breathalyzer test was administered resulting in a B.A.C. reading of .014. As a result of this violation, the defendant

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was placed on facility hold and instructed to remain at the facility until his probation officer had been consulted. On or about January 24, 2008, the defendant left the property of ComCor without permission and was placed on escape status. The defendant failed to sign out of the facility. On January 25, 2008, at 0605 hours, I received a voice mail message from the defendant wherein he acknowledged he left ComCor without permission and was going to "get his affairs in order" and would surrender himself to me on Monday. At 0737 hours on January 25, 2008, ComCor Case Manager, Vonnie Kenebrew, contacted the defendant's employer, Rob Anderson, and instructed him to have the defendant call the facility immediately. At 0840 hours on January 25, 2008, the defendant contacted the facility and was directed to return to the facility within one hour. The defendant became very upset and stated he was not going to return to the facility. 7. FAILURE TO PARTICIPATE IN DRUG TREATMENT AS DIRECTED BY THE PROBATION OFFICER (USE OF ALCOHOL):

On or about August 15, 2007, while participating in substance abuse counseling at Confidential Health Consultants, the testing and treatment program in which the probation officer had directed him to participate, the defendant submitted a urine sample that tested positive for the use of alcohol, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On December 28, 2006, the defendant was referred to Confidential Health Consultants, our federally contracted substance abuse program, and directed to participate in substance abuse counseling and the random drug testing program. Conditions of supervised release were read and explained to the defendant, including special condition number one which states " the defendant shall abstain from the use of alcohol or other intoxicants during the course of treatment." On August 15, 2007, the defendant reported for drug testing at Confidential Health Consultants and because he smelled of alcohol, the urine sample he provided was tested for alcohol. On August 23, 2007, I received laboratory results from Kroll Laboratories that reflected the urine sample provided by the defendant on August 15, 2007, was positive for the use of alcohol.