Free Sealed Document - District Court of Colorado - Colorado

Case 1:01-cr-00154-WYD

Document 41

Filed 01/25/2006

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. HEATHER GRACE MARIE DIVENS Docket Number: 01-cr-00154-WYD-02

Petition for Issuance of Arrest Warrant for Violations of Probation COMES NOW, Emily Valentin, probation officer of the court, presenting an official report upon the conduct and attitude of Heather Grace Marie Divens who was placed on supervision by the Honorable Wiley Y. Daniel sitting in the court at Denver, Colorado, on the 4th day of December, 2001, 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: 1. 2. Home detention for a period of four months. The defendant shall not incur new credit charges or open additional lines of credit without approval of the probation officer, unless the defendant is in compliance with the installment payment schedule. The defendant shall pay restitution in the amount of $63,924.03.

3.

On February 10, 2004, the defendant' conditions were modified to include: s 4. The defendant shall participate in a program of testing and treatment for drug and alcohol abuse.

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 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 _25th______ day of January, 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. s/Emily Valentin Emily Valentin U.S. Probation Officer Place: Denver, Colorado Date: January 23, 2006

s/ Wiley Y. Daniel
Wiley Y. Daniel U.S. District Court Judge

Case 1:01-cr-00154-WYD

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ATTACHMENT

Filed 01/25/2006

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Attached hereto as Exhibit A and incorporated by reference is a true copy of the Conditions of Probation signed by the defendant on December 17, 2001. Her signature on that occasion acknowledged that the conditions had been read and explained to her, that she fully understood said conditions, and that she was provided a copy of them. The term of probation commenced December 4, 2001. The defendant has committed the following violations of probation: 1.) FAILURE TO REPORT TO THE PROBATION OFFICER AS DIRECTED:

On numerous occasions throughout the defendant' period of supervision, the defendant was instructed to report to the s probation officer, as outlined below, and she failed to so report, which constitutes a Grade C violation of probation. This charge is based on the following facts: On September 8, 2003, I left a message for the defendant on her home voice mail instructing her to call me to schedule an office appointment. The defendant did not return my telephone call. On September 29, 2003, I left a message for the defendant on her home voice mail as well as on her cellular telephone voice mail, instructing her to call me to schedule an office appointment. The defendant did not return my telephone calls. On September 30, 2003, I sent a letter to the defendant' last known address instructing her to call me immediately for an s office appointment. The defendant did not respond to my letter. On October 7, 2003, I left a message for the defendant on her home voice mail instructing her to report to my office on October 14, 2003, at 10:00 a.m. I requested that the defendant return my telephone call to tell me if that date and time worked for her. The defendant did not return my telephone call and failed to appear for the office appointment. On October 10, 2003, I left a message for the defendant on her home voice mail telling her to come to my office to meet with me and my supervisor on October 15, 2003, at 10:00 a.m. The defendant did not respond to my telephone call and she failed to appear for the office appointment. On October 21, 2003, I sent a letter to the defendant' last known address instructing her to report to my office for a s mandatory meeting on October 28, 2003, at 9:00 a.m. The defendant failed to appear for the office appointment. The defendant appeared for a scheduled office appointment on November 12, 2003, and for approximately one year, the defendant came back into compliance. Unfortunately, the defendant began not reporting again in December 2004. On December 9, 2004, I left a message for the defendant on her cellular telephone instructing her to report to my office on December 13, 2004, for a mandatory meeting to address her failure to submit monthly reports and failure to pay restitution. The defendant failed to appear for the appointment. The defendant appeared for a scheduled office appointment on December 17, 2004. She said she failed to submit monthly reports for the past couple months and had not paid restitution because her boyfriend, Jeff Hanson, told her he would pay off her restitution and she would no longer be on supervision. I clarified with the defendant that she was still on supervision and explained how she had violated her conditions of supervised release. The defendant came back into compliance until September 2005.

Case 1:01-cr-00154-WYD

Document 41

Filed 01/25/2006

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On September 9, 2005, I left a telephone message for the defendant advising her that I had not received her monthly reports for the past two months. On September 12, 2005, I left two telephone messages for the defendant instructing her to call me immediately. After the defendant did not return my telephone calls, I sent her a letter informing her that she had a mandatory office appointment on September 19, 2005, at 9:30 a.m. The defendant failed to appear for the appointment. On October 4, 2005, I called Addiction Research and Treatment Services (ARTS), where the defendant submits urine and breath tests, and requested that they tell the defendant to contact me the next time she came in to submit a test. On November 18, 2005, I left a note at the defendant' employment site instructing her to call me. The defendant called me s on November 22, 2005, saying that she had a new telephone number and suspected that someone had been erasing her voice mail messages. I attempted to call the defendant several times that same day but her telephone would not allow me to leave a message. On November 30, 2005, I left another note for the defendant at her employment instructing her to call me. The defendant left a message for me on December 5, 2005, saying that she was very sick and that she had lost her voice. She said she would continue to call me until she got a hold of me. However, the defendant did not call me again. I left a message for her on December 7, 2005, instructing her to report for an office appointment on December 14, 2005, at 9:00 a.m., but she failed to appear. I left a message telephone message for the defendant on January 13, 2006, instructing her to come to my office for a mandatory appointment on January 17, 2006, at 10:00 a.m. The defendant failed to appear for the appointment. 2.) FAILURE TO SUBMIT WRITTEN REPORTS:

The defendant failed to submit written reports for the months of October and December 2005, which constitutes a Grade C violation of probation. This charge is based on the following facts: To date, the defendant has not submitted report forms for October and December 2005. The reports are due by the fifth of every month.