United States District Court, W.D. Missouri, Southern Division
DOUGLAS HARPOOL UNITED STATES DISTRICT JUDGE
the Court is the Government's Motion for Conditional
Release. (Doc. 28). Pursuant to the governing law and in
accordance with Local Rule 72.1 of the United States District
Court for the Western District of Missouri, the
government's motion was referred to the United States
Magistrate Judge for preliminary review under 28 U.S.C.
§ 636(b). Defendant has waived his right to file
exceptions, and the matter is ripe for review.
Magistrate Judge conducted a hearing on June 4, 2019, and
submitted a report and recommendation on June 6, 2019
recommending that the Government's Motion be granted and
that Defendant be conditionally released. (Doc. 31). After
careful review of the record, including the Warden's
proposed conditions of release, the Court agrees with the
Magistrate Judge's report and finds by a preponderance of
the evidence that Defendant has recovered from his mental
disease to such an extent that his conditional release under
a prescribed regimen of care would no longer create a
substantial risk of bodily injury to another person or
serious damage to property of another. Accordingly, it is
hereby ORDERED that the Report and
Recommendation of the Magistrate Judge is
ADOPTED and that the Government's Motion
for Conditional Release is GRANTED.
IS FURTHER ORDERED that Defendant be, and is hereby,
conditionally released pursuant to 18 U.S.C. § 4246(e)
under the following conditions:
Defendant shall reside with his sister, Deborah Purcell, at
45 Bellevue Drive, Apt. 3, Collinsville, IL 62234-1885, (618)
623-2545. Any change in residence must be pre-approved by the
U.S. Probation Office.
Defendant shall actively participate in, and cooperate with,
a regimen of mental health care and psychiatric aftercare as
directed by the treating mental health provider. This is to
include his voluntary admission to an inpatient program for
stabilization should it be deemed necessary.
Defendant shall continue to take medication, including
injectable units, as prescribed for him by the medical
Defendant shall waive his rights to confidentiality regarding
his mental health treatment in order to allow sharing of
information with the supervising probation officer and other
mental health treatment providers, who will assist in
evaluating his ongoing appropriateness for community
Defendant shall refrain from the use of alcohol and illegal
drugs, as well as the abuse of over-the-counter medications,
and submit to random urinalysis testing as warranted by
treating mental health staff and/or the probation officer.
This also includes participating in substance abuse treatment
as deemed necessary by the treatment provider.
Defendant shall not have in his possession, at any time,
actual or imitation firearms or other deadly weapons and he
may not write, say, or communicate threats. Defendant shall
submit his person, residence, office, or vehicle and
belongings to a search, conducted by a probation officer, at
a sensible time and manner, based upon reasonable suspicion
of contraband or evidence of violation of a condition of
supervision. Failure to submit to search may be grounds for
revocation. Defendant shall warn persons with whom he share a
residence that the premises may be subject to search.
Defendant shall report to the probation office any and all
electronic communication service accounts as defined in 18
U.S.C. § 2510(15) used for user communications,
dissemination and/or storage of digital media files (i.e.
audio, video, images). This includes, but is not limited to,
e-mail accounts, social media accounts, and cloud storage
accounts. Defendant shall provide each account identifier and
password, and will report the creation of new accounts,
changes in identifiers and/or passwords, transfer, suspension
and/or deletion of any account within five days of such
action. Failure to provide accurate account information may
be grounds for revocation. The probation office is permitted
to access and search any account(s) using Defendant's
credentials pursuant to this condition only when reasonable
suspicion exists that he has violated a condition of his
supervision and that the account(s) to be searched contain
evidence of this violation.
Defendant shall allow the supervising probation officer or
designee to conduct periodic random inspections, including
retrieval and copying of data from the computer and any
internal or external peripherals. This may require removal of
the equipment for purposes of a more thorough inspection.
Further, Defendant shall not possess or use any public or
private data encryption technique or program. He may be
required to purchase hardware or software systems that
monitor his computer usage and will consent to installation
of such systems on his computer.
Defendant shall not commit a federal, state, or local crime,
and will immediately notify his probation officer if he is
arrested or questioned by any law enforcement officer. He
will not associate with any person convicted of a felony
unless granted permission to do so from his probation
Defendant shall follow the instructions of the probation
officer related ...