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U.S.A. v. Boak

United States District Court, E.D. Washington

July 18, 2019

U.S.A.
v.
Boak, Tristen J

          PETITION FOR ACTION ON CONDITIONS OF PRETRIAL RELEASE

         COMES NOW Erik Carlson, PRETRIAL SERVICES OFFICER presenting an official report upon the conduct of defendant Tristen J. Boak, who was placed under pretrial release supervision by the Honorable U.S. Magistrate Judge John T. Rodgers, sitting in the Court at Spokane, Washington, on the 13th day of July 2018, under conditions of release.

         On April 5, 2019, Ms. Boak appeared before the Honorable John T. Rodgers, U.S. Magistrate Judge, in Spokane for an initial appearance regarding alleged violations of pretrial release supervision. The Court revoked Ms. Boak's pretrial release and remanded her to custody.

         On May 13, 2019, the Honorable Mary K. Dimke, U.S. Magistrate Judge, ordered Ms. Boak to be released from custody into inpatient substance abuse treatment based on an unopposed motion for release.

         On June 5, 2019, Ms. Boak appeared before the Honorable Thomas O. Rice, Chief U.S. District Judge, for a detention review hearing. Upon completion of inpatient substance abuse treatment, the Court released Ms. Boak under conditions of pretrial release supervision.

         Standard Condition #2: Defendant shall immediately advise the court, defense counsel and the U.S. Attorney in writing before any change in address and telephone number.

         Standard Condition #6: Defendant shall report to the United States Probation Office before or immediately after release and shall report as often as they direct, at such times and in such manner as they direct.

         Additional Condition #24: Substance Abuse Evaluation: Defendant shall participate in a substance abuse evaluation as directed by Pretrial Services.

         Condition 2(d) (Imposed on May 13, 2019, ECF No. 252): Following inpatient treatment, Defendant shall participate in an aftercare program.

         Additional Condition #27: Prohibited Substance Testing: If random urinalysis testing is not done through a treatment program, random urinalysis testing shall be conducted through Pretrial Services, and shall not exceed six (6) times per month. Defendant shall submit to any method of testing required by the Pretrial Service Office for determining whether the Defendant is using a prohibited substance. Such methods may be used with random frequency and include urine testing, the wearing of a sweat patch, a remote alcohol testing system, and/or any form of prohibited substance screening or testing. Defendant shall refrain from obstructing or attempting to obstruct or tamper, in any fashion, with the efficiency and accuracy of prohibited substance testing.

         RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS:

         Violation #1: Tristen J. Boak is alleged to have failed to immediately advise the undersigned officer of her change of address on July 9, 2019.

         On July 19, 2018, the conditions of pretrial release supervision were reviewed with Ms. Boak. She acknowledged an understanding of her conditions, which included standard condition number 2.

         On July 16, 2019, the undersigned officer attempted to call Ms. Boak at the Whitworth Oxford House, her reported residence. A female answered the telephone and advised that Ms. Boak moved out of the residence on July 9, 2019.

         The undersigned officer spoke with Ms. Boak on July 16, 2019. She reported being evicted from the Whitworth Oxford House due to not paying rent. Ms. Boak advised, she moved into her father's ...


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