Opinion
Docket No. 0650 3:10CR00090-4
07-09-2012
U.S.A. v. Larry Parkhurst
Petition for Action on Conditions of Pretrial Release
COMES NOW Dariel S Blackledge-White, PRETRIAL SERVICES OFFICER presenting an official report upon the conduct of defendant Larry Parkhurst who was placed under pretrial release supervision by the Honorable Joe B, Brown sitting in the Court at Nashville, Tennessee , on April 28, 2010, under the following conditions: Please reference the attached Order Setting Conditions of Release.
Respectfully presenting petition for action of Court and for cause as follows: Please reference page two of this document.
I declare under penalty of perjury that the foregoing is true and correct.
Panel S Blackledge-White
U.S. Pretrial Services Officer
Nashville, TN
Place:
Next Scheduled Court Event
______________________
Event
PETITIONING THE COURT
[] No Action [×] To issue an order setting a hearing on the petition
[] To Issue a Warrant [] Other
THE COURT ORDERS:
[] No Action
[] The Issuance of a Warrant.
[] Sealed Pending Warrant Execution (cc: U.S. Probation and U.S. Marshals only)[] Other
[×] A Hearing on the Petition is set for
Considered and ordered this 9 day of July , 2012,and ordered filed and made a part of the records in the above case.
______________________
Honorable Joe Brown
U. S. Magistrate Judge
On April 28,2010, defendant Larry Parkhurst appeared before Your Honor for an Initial Appearance as a result of being charged with violating Title 21 U.S.C. § 841(a)(1), to wit: Conspiracy to Distribute and Possess With Intent to Distribute LSD. He was released the same day on a personal recognizance bond with pretrial supervision.
Special Conditions of Release:
Please reference the attached Order Setting Conditions of Release.
VIOLATION(S).
Violation No. 1: Not use or unlawfully possess a narcotic drug or other controlled substances defined in 21 U.S.C. § 802, unless prescribed by a licensed medical practitioner:
On June 6, 2012, the defendant appeared before Your Honor and was ordered temporarily detained after he tested presumptive positive for marijuana during a drug screen administered in conjunction with his bond revocation hearing. This specimen was sent to Alere Laboratories (Alere), located in Gretna, Louisiana.
Mr. Parkhurst initially denied he used any illegal substances, but he later admitted he attended a party approximately three weeks prior where marijuana was present.
On June 9, 2012, Alere confirmed the presence of marijuana in the urine sample provided by the defendant.
On June 14, 2012, the defendant was placed back on pretrial supervision and ordered to submit urine screens each week to the U.S. Probation and Pretrial Services Office. He was released from custody and placed in Phase I drug testing, which provides for random urine screens to be submitted weekly.
On June 18, 2012, the defendant again tested positive for marijuana, and the specimen was submitted to Alere. The specimen was confirmed positive for marijuana on June 20, 2012, and a request for an interpretation of the nanogram levels was sent to Alere Laboratories.
On June 25, 2012, the defendant tested positive for marijuana, and the specimen was sent to Alere.
On June 26, 2012, the interpretation was returned and provided the nanogram levels for the specimens submitted as follows:
+------------------------------------------------------------------------------------------+ ¦Date Collected ¦Specimen Number ¦THCA ng/mL ¦Creatinine mg/dL ¦Normalized THCA Value ¦ +----------------+-----------------+------------+------------------+-----------------------¦ ¦06/06/12 ¦B02060286 ¦THC = 294 ¦55.5 ¦529 ng THCA/ ¦ ¦ ¦ ¦ ¦ ¦mgCreatinine ¦ +----------------+-----------------+------------+------------------+-----------------------¦ ¦06/18/12 ¦B02060290 ¦THC = 262 ¦220.1 ¦119 ng THCA/ ¦ ¦ ¦ ¦ ¦ ¦mgCreatinine ¦ +------------------------------------------------------------------------------------------+
It was the opinion of the toxicologist that, even though the nanogram levels were decreasing, the defendant reused marijuana prior to the collection on June 18, 2012. This opinion was based on social use; the lack of significant decrease in the normalized level of drug present in the urine specimen collected on June 18, 2012; the length of time the donor continues to test positive after the specimen collected on June 6, 2012; and a urine half-life of 24 to 48 hours.
On June 28, 2012, Alere confirmed the specimen provided on June 25, 2012, was positive for the presence of marijuana.
Current Status of Case:
No trial date has been set as of this date.
Probation Officer Action:
As previously noted, on June 14, 2012, the defendant was placed in Phase I random drug testing. Since that time, he has submitted two urine screens which were confirmed positive for the presence of marijuana.
Respectfully Petitioning the Court as Follows:
Mr. Parkhurst has submitted two urine screens that were positive, and analysis revealed a high probability the defendant used marijuana after he was released from custody on June 14, 2012. Therefore, it is respectfully requested that the Court issue an Order setting a hearing on this Petition for Action.
The U.S. Attorney's Office has been advised of the most recent violations and concurs with the recommendation of Pretrial Services.
Approved:
______________________
William Burton Putman
Supervisory U.S. Probation Officer
xc: Brent Hannafan, Assistant U.S. Attorney
Jonathan Farmer, Defense Counsel
United States of America
v.
Larry Parkhurst
Defendant
Case No. 3:10-00090-4
ORDER SETTING CONDITIONS OF RELEASE
IT IS ORDERED that the defendant's release is subject to these conditions:
(1) The defendant must not violate federal, state, or local law while on release.
(2) The defendant must cooperate in the collection of a DNA sample if it is authorized by 42 U.S.C. § 14135a.
(3) The defendant must advise the court or the pretrial services office or supervising officer in writing before making any change of residence or telephone number.
(4) The defendant must appear in court as required and, if convicted, must surrender as directed to serve a sentence that the court may impose.
The defendant must appear at: ______________________ Place ______________________ on ______________________ Date and Time
If blank, defendant will be notified of next appearance.
(5) The defendant must sign an Appearance Bond, if ordered.
ADDITIONAL CONDITIONS OF RELEASE
IT IS FURTHER ORDERED that the defendant's release is subject to the conditions marked below:
() (6) The defendant is placed in the custody of:
Person or organization ______________________
Address (only if above is an organization) ______________________
City and state ______________________ Tel. No. ______________________
who agrees to (a) supervise the defendant, (b) use every effort to assure the defendant's appearance at all court proceedings, and (c) notify the court immediately if the defendant violates a condition of release or is no longer in the custodian's custody.
Signed: ______________________
Custodian
(√) (7) The defendant must:
(√) (a) submit to supervision by and report for supervision to the ______________________, telephone number ___________, no later than ______________________.
(√) (b)continue or actively seek employment.
() (c) continue or start an education program.
() (d) surrender any passport to: ______________________
(√) (e) not obtain a passport or other international travel document.
(√) (f) abide by the following restrictions on personal association, residence, or travel: ______________________
() (g) avoid all contact, directly or indirectly, with any person who is or may be a victim or witness in the investigation or prosecution, including: ______________________
() (h) get medical or psychiatric treatment: ______________________
() (i) return to custody each ___________ at ___________ o'clock after being released at ___________ o'clock for employment, schooling, or the following purposes: ______________________
() (j) maintain residence at a halfway house or community corrections center, as the pretrial services office or supervising officer considers necessary.
(√) (k)not possess a firearm, destructive device, or other weapon.
(√) (l) not use alcohol (√) it all () excessively.
(√) (m) not use or unlawfully possess a narcotic drug or other controlled substances defined in 21 U.S.C. § 802, unless prescribed by a licensed medical practitioner.
(√) (n) submit to testing for a prohibited substance if required by the pretrial services office or supervising officer. Testing may be used with random frequency and may include urine testing, the wearing of a sweat patch, a remote alcohol testing system, and/or any form of prohibited substance screening or testing. The defendant must not obstruct, attempt to obstruct, or tamper with the efficiency and accuracy of prohibited substance screening or testing.
(√) (o) participate in a program of inpatient or outpatient substance abuse therapy and counseling if directed by the pretrial services office or supervising officer.
() (p) participate in one of the following location restriction programs and comply with its requirements as directed.
() (i) Curfew. You are restricted to your residence every day () from ___________ to ___________, or () as directed by the pretrial services office or supervising officer; or() (q) submit to location monitoring as directed by the pretrial services office or supervising officer and comply with all of the program requirements and instructions provided.
() (ii) Home Detention. You are restricted to your residence at all times except for employment; education; religious services; medical, substance abuse, or mental health treatment; attorney visits; court appearances; court-ordered obligations; or other activities approved in advance by the pretrial services office or supervising officer; or
() (iii) Home Incarceration. You are restricted to 24-hour-a-day lock-down at your residence except for medical necessities and court appearances or other activities specifically approved by the court.
() You must pay all or part of the cost of the program based on your ability to pay as determined by the pretrial services office or supervising officer.
(√) (r) report as soon as possible, to the pretrial services office or supervising officer, every contact with law enforcement personnel, including arrests, questioning, or traffic stops.
(√) (s) ____________________________________________
ADVICE OF PENALTIES AND SANCTIONS
TO THE DEFENDANT: YOU ARE ADVISED OF THE FOLLOWING PENALTIES AND SANCTIONS:
Violating any of the foregoing conditions of release may result in the immediate issuance of a warrant for your arrest, a revocation of your release, an order of detention, a forfeiture of any bond, and a prosecution for contempt of court and could result in imprisonment, a fine, or both.
While on release, if you commit a federal felony offense the punishment is an additional prison term of not more than ten years and for a federal misdemeanor offense the punishment is an additional prison term of not more than one year. This sentence will be consecutive (i.e., in addition to) to any other sentence you receive.
It is a crime punishable by up to ten years in prison, and a $250,000 fine, or both, to: obstruct a criminal investigation; tamper with a witness, victim, or informant; retaliate or attempt to retaliate against a witness, victim, or informant; or intimidate or attempt to intimidate a witness, victim, juror, informant, or officer of the court. The penalties for tampering, retaliation, or intimidation are significantly more serious if they involve a killing or attempted killing.
If, after release, you knowingly fail to appear as the conditions of release require, or to surrender to serve a sentence, you may be prosecuted for failing to appear or surrender and additional punishment may be imposed. If you are convicted of:
(1) an offense punishable by death, life imprisonment, or imprisonment for a term of fifteen years or more - you will be fined not more than $250,000 or imprisoned for not more than 10 years, or both;
(2) an offense punishable by imprisonment for a term of five years or more, but less than fifteen years - you will be fined not more than $250,000 or imprisoned for not more than five years, or both;
(3) any other felony - you will be fined not more than $250,000 or imprisoned not more than two years, or both;
(4) a misdemeanor - you will be fined not more than $100,000 or imprisoned not more than one year, or both.
A term of imprisonment imposed for failure to appear or surrender will be consecutive to any other sentence you receive. In addition, a failure to appear or surrender may result in the forfeiture of any bond posted.
Acknowledgment of the Defendant
I acknowledge that I am the defendant in this case and that I am aware of the conditions of release. I promise to obey all conditions of release, to appear as directed, and surrender to serve any sentence imposed. I am aware of the penalties and sanctions set forth above.
______________________
Defendant's Signature
______________________
City and State
Directions to the United States Marshal
(√) The defendant is ORDERED released after processing.
() The United States marshal is ORDERED to keep the defendant in custody until notified by the clerk or judge that the defendant has posted bond and/or complied with all other conditions for release. If still in custody, the defendant must be produced before the appropriate judge at the time and place specified.
______________________
Judicial Officer's Signature
Joe B. Brown, US Magistrate Judge
Printed name and title
Toxicology Services
1111 Newton Street
Gretna, Louisiana USA
800-433-3823 Toll-free Phone
504-361-8989 Phone
504-361-8298 Fax
June 26, 2012
To: Bill Lord
RE: Request for THCA Interpretation for Donor: Parkhurst 21369
This memo is in response to your request for additional information concerning the length of time that marijuana can stay in the body.
Marijuana is stored in the body longer than many other drugs. Depending upon the type of use of the drug, the length of time it can stay in the body fluctuates. Recent scientific data indicate that a person who is a chronic user, meaning that he/she uses the drug several times a day every day, may continue to release the drug into the urine for up to four weeks. The social user, meaning an individual who smokes once per week, will eliminate the drug in less than a week. Elimination of drug is expressed in terms of a half-life, which is the length of time it takes for half of the drug to be eliminated. The average half-life for marijuana is 24 to 48 hours for an occasional user and 48 to 72 hours for a chronic user.
Alere utilizes Gas Chromatography coupled with Mass Spectrometry (GC/MS) to identify 11-nor-9-carboxy-delta-9-tetrahydrocannabinol (THCA), the primary metabolite from marijuana use.
When evaluating specimens close in time, urine concentration is a factor which can complicate the interpretation. As urine concentration fluctuates, drug level fluctuates; therefore, correction for the dilution or concentration of the urine is essential prior to evaluating whether a donor has reused the drug in a span of time between drug test collections. The correction for concentration is called a creatinine normalization procedure. A random urine creatinine should be in the range of 100 to 200 mg/dl with an average of approximately 170 mg/dl. To compensate for the dilution effect, the drug concentrations are normalized and reported as nanogram of drug per milligram of creatinine
The specimens listed below were submitted for analysis at Alere Toxicology Services, Inc. yielding the following results:
+-----------------------------------------------------------------------------+ ¦Date ¦Specimen ¦THCA ng/ ¦Creatinine mg/ ¦Normalized THCA Value ¦ ¦Collected ¦Number ¦mL ¦dL ¦ ¦ +-------------+--------------+---------+---------------+----------------------¦ ¦6/06/12 ¦B02060286 ¦294 ¦55.5 ¦529 ngTHCA/ ¦ ¦ ¦ ¦ ¦ ¦mgCreatinine ¦ +-------------+--------------+---------+---------------+----------------------¦ ¦6/18/12 ¦B02060290 ¦262 ¦220.1 ¦119 ngTHCA/ ¦ ¦ ¦ ¦ ¦ ¦mgCreatinine ¦ +-----------------------------------------------------------------------------+
Officer Bill Lord provided information that the offender was a social user of marijuana claiming last use on 5/16/12.
This opinion letter will be based on social use. Social use is defined as smoking one marijuana cigarette per week. Although the normalized value has decreased in concentration, this does not automatically indicate the offender did not reuse marijuana. The half-life of the drug and usage patterns of the offender must be taken into consideration. In addition, recent research by Drs. Huestis and Smith (Journal of Analytical Toxicology 2009) has clearly demonstrated the expected ratio for clearance in social users. The research demonstrates the clearance of THCA from the urine of a social user is 5 days using a 15 ng/mg cut off level. The time period between collections for the specimens listed above was 12 days.
It is my opinion that this offender reused marijuana prior to the collection on 6/18/12. I base this opinion on social use, the lack of significant decrease in the normalized level of drug present in the urine specimen collected on 6/18/12, the length of time the donor continues to test positive after the specimen collected on 6/6/12 and a urine half-life of 24-48 hours.
Please do not hesitate to contact me if additional information is needed. I can be reached at 800-433-3823 #68291 or via email to at pat.pizzo(5),alere.com.
Regards,
Pat Pizzo, B.S., DABFE
Director of Toxicology
Alere Toxicology
Assigned Officer: ___________
Name of Defendant/Offender: ___________
Pacts: ___________
Part I-Questions About Drug Usage
I certify that I am the person listed above and was present during the submission and testing of my urine sample by the on-site drug testing product listed below. Further, I understand that false statements may result in revocation of my supervision in addition to 5 years imprisonment for making false statements (18 U.S.C. 1001), and that all the information furnished is true and correct.
{ } Yes {X} No Since your last contact with U.S. Probation, have you used any illegal drugs or any medications not prescribed to you?
If answered "yes" above, complete back of this form
X ______________________
Defendant/Offender
______________________
Monitoring Official
Part II-Type of On-Site Drug Test Product Administered and Results
{X} Redwood I-Cup Panel tested-- THC, Cocaine, Opiates, Methamphetamine, Amphetamine, PCP , Benzodiazepine, Oxycodone
Results: {X} Potitive { } Negative
Specify which drug indicated: ______________________
{ } Oralert Saliva Test Panel tested: THC, Cocaine, Opiates, Methamphetamine, Amphetamin
Benzodiazepine
Results: {} Positive { } Negative
Specify which drug indicated: ______________________
{ } PA202 Digital Refractometer (Serial #PA20205515) Calibration Test: Y N (circle one)
Specific Gravity: ___________ Normal Range: 1.004-1,039 Diluted ___________
NOTE: Positive results require confirmation by a lab. IF POSITIVE, check "Confirmation Only" on lab form.
{X}Sent sample to lab for confirmation
{ } Did not send sample to lab
Part HI-Response to Positive Results
{ } Agree ___________ { } Disagree and deny having used illicit drugs.
______________________
Defendant Offender
______________________
Monitoring Official
SPECIMEN ID INFORMATION
Case Officer Initials ___________ Date Collected ___________
Collector's Name ______________________
[] 01 Officer
[] 02 Treatment Program
[×] 03 Other ___________
Offender/Defendant Last Name ______________________
First Name ___________
PACTS No. ___________
Onsite/Test ID ___________
Reason; For Specimen ___________
[] 01 Presentence Report 02 Substance Abuse Treatment [] 03 Mental Health Treatment
[×] 04 Urine Surveillance [] 05 Pretrial Report [] 06 Other (specify) .______________________
MEDICAL QUESTIONNAIRE
Medicine(s) Name
Reason for Use
Date Used
Offender/Defendant Certification
I certify the specimen I have provided on this date is my own and has not been adulterated. The specimen bottle was sealed in my presence. I have verified that the specimen number of the form, the barcode; and the specimen security seal are-identical.
______________________
Offender/Defendant Signature
Specimen Collector Certification
I certify I collected the specimen identified by the specimen number on this form in accordance with the required collection procedures. I certify I applied the numbered security seal and barcode to the specimen bottle in the offender/defendant's presence. I have verified that the specimen number on the form, the barcode, and the specimen seal are identical.
______________________
Collector's Signature
Specimen Transfer Certification
I certify I prepared for transfer to Testing Laboratory the specimen identified by the specimen number on this form and have verified the identity of the specimen with its collection chain of custody documentation, I certify I applied the numbered security seal and barcode to the specimen bottle. I have verified the specimen number on the form, the barcode, and specimen security seal are identical.
______________________
Transferer's Signature
COLLECTOR INSTRUCTIONS
* COMPLETE - Specimen ID Information before collection
* COLLECT - Specimen in accordance with Administrative Procedures
* AFFIX - Security Seal and barcode to specimen bottle as illustrated above
* ASK - Offender/Defendant to verify bottle was sealed in his/her presence
* INITIAL - Initial security seal and enter date collected
* ASK - Offender/Defendant to read, sign, and date Offender/Defendant Certification
* SIGN - Specimen Collector Certification after sealing specimen bottle and applying security seal