Government's Response to Court Order Regarding Discharge Summary -- United States v. Aticha Jittaphol, a/k/a "Lily"

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       Case 1:21-cr-10270-MLW         Document 75        Filed 04/11/22   Page 1 of 3




                         UNITED STATES DISTRICT COURT
                          DISTRICT OF MASSACHUSETTS


 UNITED STATES OF AMERICA

                                                CRIMINAL No. 21-cr-10270-MLW
       v.

 ATICHA JITTAPHOL,

        Defendant


                  GOVERNMENT’S RESPONSE TO COURT ORDER
                     REGARDING DISCHARGE SUMMARY

       The government submits this response to the Court’s April 8, 2022, Order to consult

with Probation and state its position concerning the admission into evidence of the Behavioral

Health Network (BHN) Hope Center Services Discharge Summary for the defendant dated

January 3, 2022 (the “Discharge Summary”). The undersigned AUSA and U.S. Probation

Officer Taylor Wertz conferred by phone today, April 11, 2022, and now jointly request that

the Court admit the discharge summary into evidence. As grounds therefore, the government

and Probation state the following:

       1.     The Discharge Summary is relevant to the allegation of noncompliance set

forth in Exhibit 2 at page 2 (D.21), namely: “On December 27, 2021, the defendant discharged

from inpatient treatment without notifying her U.S. Probation Officer . . . In light of the

defendant’s discharge from treatment against Behavioral Health Network’s clinical

recommendation, the probation office directed the defendant to reengage in long-term

inpatient treatment services.” The defendant admits that she did not participate in long-term

inpatient treatment services as directed by Probation.
       Case 1:21-cr-10270-MLW         Document 75      Filed 04/11/22     Page 2 of 3




       2.     The Discharge Summary supplements information contained in admitted

Exhibits 7 (Pretrial Services Chronological Record Report) and 12 (BHN Hope Center

Services and Treatment Report). Specifically, the Discharge Summary states on page 3:

              Objective: Aticha will work with aftercare specialists to discuss
              her aftercare plan, which will be determined by her treatment
              progress. Depending on the progress, Aticha will complete
              referrals for futher programming or complete IOP [intensive
              outpatient program] referrals.

              Comments: Ms. Jittaphol met with aftercare staff, however
              declined long-term residential and IOP.

              Ms. Jittaphol refused to complete referrals and stated that she
              only wants to return home.

       This information supports the statement by BHN Hope Center staff member Colleen

Fenton to USPO Maureen Curran on January 4, 2022, that “I feel like the only aspect of

programming that Aticha did not comply with was with an aftercare plan. She refused both

long term treatment as well as IOP, despite counseling recommendations as well as the

recommendations of our aftercare counselor.” Exhibit 7 at page 24.

       It is also consistent with the December 23, 2021, treatment progress note by a BHN

Hope Center counselor that she “Met with Aticha and she reports she is going home Monday

12/27/21. Aftercare services were offered and she declined all offers.” Exhibit 12 at page 17.

       Read together, the Discharge Summary and Exhibits 7 and 12 make clear that BHN

Hope Center counselors and aftercare specialists recommended—based on their clinical

supervision of the defendant’s treatment progress—that the defendant participate in an

aftercare program. The documents also make clear that staff members communicated their

aftercare recommendation directly to the defendant prior to her self-discharge on December

27, 2021, and that the defendant refused to follow their clinical recommendation.



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       Case 1:21-cr-10270-MLW         Document 75       Filed 04/11/22     Page 3 of 3




       3.     As stated in her recent filing with the Court (D.73), the defendant no longer

objects to the admission of the Discharge Summary into evidence.


                                           Respectfully submitted,

                                           RACHAEL S. ROLLINS
                                           United States Attorney

                                    By:    /s/ Kelly Begg Lawrence
                                           KELLY BEGG LAWRENCE
                                           Assistant United States Attorney

                                           ALYSSA TOCHKA
                                           Special Assistant United States Attorney




                               CERTIFICATE OF SERVICE

I hereby certify that this document filed through the ECF system will be sent electronically to
the registered participants as identified on the Notice of Electronic Filing (NEF).

                                            /s/ Kelly Begg Lawrence
                                           Kelly Begg Lawrence
                                           Assistant United States Attorney


Date: April 11, 2022




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