RESPONSE in Opposition to Motion (Re: 130 MOTION to Accelerate/Extend/Reset… — USA v. Thomas (Dkt. 132)

Summary

The Government's Response in Opposition to Defendant's Motion to Extend Self-Surrender Date (Dkt. # 130), Document 132, filed in USDC ND/OK on 07/21/22, in United States v. Aleta Necole Thomas, Case No. 21-CR-239-GKF, in the Northern District of Oklahoma. The Government argues that the court should deny Thomas's second request to delay surrender because the medical records attached to her motion, from a July 19, 2022 emergency department visit, do not show exceptional circumstances or medical reasons. It notes that the court denied her first request on July 15, 2022, and that she can obtain care in Bureau of Prisons custody. It adds that her repeated requests raise a question about flight risk and asks the court to order immediate surrender.

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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF OKLAHOMA 
 
UNITED STATES OF AMERICA, 
 
 Plaintiff, 
 
v. 
 
ALETA NECOLE THOMAS, 
 
 
Defendant. 
 
 
 
 
Case No. 21-CR-239-GKF 
 
 
 
 
Response in Opposition to Defendant’s 
Motion to Extend Self-Surrender Date (Dkt. # 130) 
 
The Court should deny Aleta Thomas’s request to delay her self-surrender 
because the medical records included in Exhibit A of her motion rule out an acute 
stroke and other neurological deficits as causes of Ms. Thomas’s subjective 
complaints of pain and other symptoms. In fact, her medical records show that Ms. 
Thomas has recently received a comprehensive medical evaluation that did not  
result in further medical care, evaluation, or treatment. Consequently, Ms. Thomas 
is unable to prove exceptional circumstances or medical reasons for delaying her 
surrender.  
Facts 
The Court denied Ms. Thomas’s first request to delay her self-surrender on July 
15, 2022. (See Dkt. # 129). Four days later, on July 19, 2022, Ms. Thomas visited her 
primary care physician and complained of pain in her head and right leg. Ms. 
Case 4:21-cr-00239-GKF     Document 132 Filed in USDC ND/OK on 07/21/22     Page 1 of 4

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Thomas later reported to the St. John Medical Center emergency department, where 
Physician Assistant Mark Steichen evaluated Ms. Thomas for a potential recent 
stroke. (Dkt. # 130, Ex. A at 1). Under Dr. Christopher Abdo’s supervision, Mr. 
Steichen assessed Ms. Thomas and ordered tests. According to Mr. Steichen’s 
medical history notes, Ms. Thomas claimed she experienced a previous stroke.  
However, her past medical tests, including MRIs, ruled out stroke. Mr. Steichen’s 
recent evaluation of Ms. Thomas and other test results revealed “no acute findings” 
and “No evidence of acute stroke at this time.” (Id. at 1, 3).   
Also on July 19, 2022, Dr. Ian T. Fischer evaluated the results of a computed 
tomography angiogram scan of Ms. Thomas’s head and neck. Dr. Fischer concluded 
that they revealed “no aneurysm” nor evidence of any other medical condition. (Id. 
at 5). Dr. Bryan Scott Smith also reviewed images of Ms. Thomas’s chest and noted 
that there was nothing wrong with her heart, lungs, or thorax. Dr. Smith concluded 
that Ms. Thomas had “No acute intrathoracic abnormality,” and labeled Ms. 
Thomas’s medical situation as “nonemergent.” (Id. at 6).    
Argument & Authorities 
Ms. Thomas’s second request to stay her self-surrender fails to show exceptional 
circumstances or medical reasons for delaying her surrender to prison. 
 
Ms. Thomas’s medical records show that the medical staff at the St. John 
Hospital emergency department ruled out any medical problem related to Ms. 
Thomas’s subjective complaint of pain. According to her records, she was also not 
admitted to the hospital for additional treatment or evaluation. Further, Ms. 
Case 4:21-cr-00239-GKF     Document 132 Filed in USDC ND/OK on 07/21/22     Page 2 of 4

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Thomas’s medical records fail to show that she was referred to a specialist or any 
other medical doctor, for follow-up tests or care. Nothing in Ms. Thomas’s motion or 
medical records support her position that the court should delay her self-surrender. In 
the event Ms. Thomas needs additional medical care, she can obtain that care while 
in the custody of the Bureau of Prisons. Thus, the Court should deny her second 
request to delay her self-surrender.  
At her sentencing, the Court made findings that Ms. Thomas was unlikely to flee 
or pose a danger to another person or the community, consistent with 18 U.S.C. § 
3142(a)(2)(B). Now, however, Ms. Thomas’s late and repeated requests to delay her 
self-surrender call into question whether she is likely to flee. Accordingly, the Court 
should order Ms. Thomas to surrender at once and without further delay.   
Conclusion 
 
 
The Court should deny Ms. Thomas’s second request to delay her self-surrender 
because Ms. Thomas’s medical records rule out any medical condition as the cause 
of her subjective complaints of pain and other symptoms. Ms. Thomas has received a 
recent comprehensive medical evaluation that resulted in no diagnosis warranting 
further medical care, evaluation, or treatment. Consequently, Ms. Thomas is again 
unable to prove exceptional circumstances or medical reasons for delaying her 
surrender to the Bureau of Prisons. Therefore, the Court should deny her Motion to 
Extend Self-Surrender Date (Dkt. # 130). 
 
    
 
 
 
 
Case 4:21-cr-00239-GKF     Document 132 Filed in USDC ND/OK on 07/21/22     Page 3 of 4

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Respectfully submitted, 
CLINTON J. JOHNSON 
UNITED STATES ATTORNEY 
 
/s/ Kristin F. Harrington 
 
 
 
 
Kristin F. Harrington, OBA No. 21185 
Assistant United States Attorney 
110 West Seventh Street, Suite 300 
Tulsa, Oklahoma 74119 
(918) 382-2785 
 
 
 
 
 
 
 
 
 
Certificate of Service 
 
 
I hereby certify that on the day of July 21, 2022, I served the foregoing document 
via electronic email, on the following: 
 
Matthew Allen Chivari, Esq.  
mchivari@lowtherwalker.com 
Counsel for Ms. Thomas 
 
 
 
 
 
 
 
 
 
 
 
 
/s/ Kristin F. Harrington 
 
 
 
 
 
 
 
 
 
 
Kristin F. Harrington 
 
 
 
 
 
 
 
Assistant United States Attorney 
Case 4:21-cr-00239-GKF     Document 132 Filed in USDC ND/OK on 07/21/22     Page 4 of 4

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