Court filing — No. 1:14-mj-00113 (Dkt. 1, D.R.I.)

Summary

A filing of June 9, 2014 opening Case 1:14-mj-00113-PAS in the U.S. District Court for the District of Rhode Island as Document 1, consisting of records from United States of America v. Kurt Sanborn, Case Number 13-CR-28-01-SM, in the District of New Hampshire. It begins with an AO 199A Order Setting Conditions of Release filed April 16, 2013, listing conditions such as not committing any offense, cooperating in DNA collection and appearing as required. The papers include a petition charging the defendant with violation of a condition of bail, with a warrant issued June 5, 2014. The filing is 25 pages.

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Full text

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Case 1:14-mj-00113-PAS Document 1 Filed 06/09/14 Page 1 of 25 PageID #: 1
Case 1:13-cr-00028 Document 23 (Court only) Filed [illegible]/05/14 Page 1 of 24
AO 199A (Rev. 12/11) Order Setting Conditions of Release
FILED 1:14-MJ-113PAS
2014 JUN -9 A 10:2[illegible]
U.S. DISTRICT COURT DISTRICT OF RHODE ISLAND
UNITED STATES DISTRICT COURT
District of New Hampshire
U.S. DISTRICT COURT DISTRICT OF NEW HAMPSHIRE
APR 16 2013
FILED
UNITED STATES OF AMERICA
v.
Kurt Sanborn
Defendant
ORDER SETTING CONDITIONS OF RELEASE
Case Number: 13-CR-28-01-SM
IT IS ORDERED that the release of the defendant is subject to the following conditions:
[X] 1. The defendant shall not commit any offense in violation of federal, state, or local law while on release in this case.
[X] 2. The defendant must cooperate in the collection of a DNA sample if the collection is authorized by 42 U.S.C. § 14135a.
[X] 3. The defendant shall immediately advise the court, defense counsel, and the U.S. Attorney in writing before any change in address and telephone number.
[X] 4. The defendant shall appear at all proceedings as required and shall surrender for service of any sentence imposed or as directed.
[ ] 5. The defendant shall appear at U.S. District Court, 55 Pleasant St., Concord, NH on ______ at ______ for ______ and when and where as ordered by the Court.
[ ] 6. The defendant shall sign an Appearance Bond, if ordered.
Page 1 of 4
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AO 199B (Rev. 12/11) Additional Conditions of Release USDCNH-40 (8/12)
Additional Conditions of Release
Upon finding that release by one of the above methods will not by itself reasonably assure the appearance of the defendant and the safety of other persons and the community, it is FURTHER ORDERED that the release of the defendant is subject to the conditions marked below:
☐ 7. The defendant is placed in the custody of (address to be redacted from electronic version of document entered on CM/ECF): ______ Tel: ______
who agrees (a) to supervise the defendant in accordance with all the conditions of release, (b) to use every effort to assure the appearance of the defendant at all scheduled court proceedings, and (c) to notify the court immediately in the event the defendant violates any conditions of release or disappears.
Signed: ______ Custodian or Proxy
✓ 8. The defendant shall:
✓ (a) report on a regular basis as directed by the supervising officer.
✓ (b) maintain or actively seek employment.
✓ (c) refrain from possessing a firearm, destructive device, or other dangerous weapons.
✓ (d) surrender any firearm(s) to Clerk, U.S. District Court, 55 Pleasant St., Concord, NH.
☐ (e) surrender any passport to Clerk, U.S. District Court, 55 Pleasant St., Concord, NH.
✓ (f) obtain no passport.
☐ (g) submit to any method of testing required by the supervising officer 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.
☐ (h) refrain from obstructing or attempting to obstruct or tamper, in any fashion, with the efficiency and accuracy of any prohibited substance testing or electronic monitoring which is (are) required as a condition(s) of release.
☐ (i) meaningfully participate in and complete a program of inpatient or outpatient substance abuse therapy and counseling if deemed advisable by the supervising officer.
☐ (j) be detained until he/she can be released directly into an inpatient treatment facility. Further hearing to be held upon the completion of the program or upon the failure to meaningfully participate in and complete the program.
✓ (k) restrict travel to the State(s) of New Hampshire, [struck through], CT, RI, MA + NY. Any other travel must be pre-approved by the supervising officer.
☐ (l) avoid all contact, directly or indirectly, with any persons who are or who may become a victim or potential witness in the subject investigation or prosecution, including but not limited to: ______
☐ (m) have no unsupervised contact with any minor children.
✓ (n) refrain from [struck through: any] [✓] excessive use of alcohol.
LBM 4-16-13
☐ (o) participate in the following home confinement program components and abide by all the requirements of the program:
☐ (1) Curfew: You are restricted to your residence every day [ ] from ______ to ______, or [ ] as directed by the supervising officer, or
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AO 199C (Rev. 09/08) Advice of Penalties and Sanctions USDCNH-40 (8/12)
Advice of Penalties and Sanctions
TO THE DEFENDANT:
YOU ARE ADVISED OF THE FOLLOWING PENALTIES AND SANCTIONS:
A violation of any of the foregoing conditions of release may result in the immediate issuance of a warrant for your arrest, a revocation of release, an order of detention, and a prosecution for contempt of court and could result in a term of imprisonment, a fine, or both.
The commission of a federal offense while on pre-trial release will result in an additional sentence of a term of imprisonment of not more than ten years, if the offense is a felony, or a term of imprisonment of not more than one year, if the offense is a misdemeanor. This sentence shall be in addition to any other sentence.
Federal law makes it a crime punishable by up to 10 years of imprisonment or a $250,000 fine or both to obstruct a criminal investigation. It is a crime punishable by up to 10 years of imprisonment and a $250,000 fine or both to tamper with a witness, victim, or informant; to retaliate or attempt to retaliate against a witness, victim, or informant; or to 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 required by the conditions of release, or to surrender for the service of 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 shall be fined not more than $250,000 or imprisoned for not more than ten years, or both;
(2) an offense punishable by imprisonment for a term of five years or more, but less than fifteen years, you shall be fined not more than $250,000 or imprisoned for not more than five years, or both;
(3) any other felony, you shall be fined not more than $250,000 or imprisoned not more than two years, or both;
(4) a misdemeanor, you shall 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 shall be in addition to the sentence for any other offense. In addition, a failure to appear or surrender may result in the forfeiture of any bond posted.
Acknowledgment of 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 to surrender for service of any sentence imposed. I am aware of the penalties and sanctions set forth above.
Date: 4/16/2013 [signature] Signature of Defendant
Directions to United States Marshal
☐ 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. The defendant shall be produced before the appropriate judge at the time and place specified, if still in custody.
✓ The defendant is ORDERED released after processing.
Date: 4-16-13 [signature]
☒ United States Magistrate Judge
☐ United States District Judge
cc: Defendant
U.S. Attorney
U.S. Marshal
U.S. Probation
Defense Counsel
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East Greenwich Police Department
Arrest Report
Page: 1
06/05/2014
Arrest #: 14-152-AR
Call #: 14-11529
Incident #: 14-516-OF
Date/Time Reported: 06/04/2014 @ 1753
Arrest Date/Time: 06/04/2014 @ 1825
Booking Date/Time: 06/04/2014 @ 1846
Involves: Domestic Violence
Court: 3rd Division District Court
Court Date: 06/05/2014 @ 1500
Reporting Officer: Detective KERRIE MAZUR
Assisting Officer: PATROL OFFICER DAVID DEL BONIS
Booking Officer: PATROL OFFICER CHRISTOPHER CALLAN
Signature: ______
# DEFENDANT(S) SEX RACE AGE SSN PHONE
1 SANBORN, KURT DAVID M W 47 025-52-9211 401-500-0303
45 BIRCH ST Apt. #2
ATTLEBORO MA 02703
Military Active Duty: N
HEIGHT: 510 - 511 WEIGHT: 215 - 225 HAIR: BROWN EYES: BLUE
BODY: HEAVY COMPLEXION: FAIR
DOB: 04/23/1967 PLACE OF BIRTH: MASSACHUSETTS
STATE ID: 10260411 FBI ID: 574596FD
LICENSE NUMBER: RI 3415555 ETHNICITY: NOT HISPANIC
[CONTACT INFORMATION]
Home Phone (Primary) 401-500-0303
Cell Phone (Primary) 401-500-0303
[APPEARANCE]
GENERAL APPEARANCE: ORDERLY
GLASSES WORN: NO
[FAMILY/EMPLOYMENT INFORMATION]
MARITAL STATUS: DIVORCED
EMPLOYER/SCHOOL: THE WORKSHOP
3760 QUAKER LN
NORTH KINGSTOWN RI 02852
OCCUPATION: SELF
06/05/2014 THU 12:32 PM [TX/RX NO 5678] 0002
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East Greenwich Police Department
Arrest Report
Page: 2
06/05/2014
Arrest #: 14-152-AR
Call #: 14-11529
Incident #: 14-516-OF
# DEFENDANT(S) SEX RACE AGE SSN PHONE
[RIGHTS/BOOKING CHECKS]
PHONE USED: N
ARRESTEE SECURED: Y 06/04/2014 1941
ARRESTEE CELL #: M-1
FINGERPRINTED: Y
PHOTOGRAPHED: Y
VIDEO: YES
SUICIDE CHECK: Performed
PERSONS: State&Federal
NCIC VEHICLE CHECK: Performed
INJURY OR ILLNESS: N
# OFFENSE(S) ATTEMPTED TYPE
LOCATION TYPE: Residence/Home/Apt./Condo Zone: DIV/MIDDLE/SHIPPETWN
66 SPRING VALLEY DR
EAST GREENWICH RI 02818
1 VIOLATION OF A DISTRICT COURT PROTECTION ORDER N Misdemeanor
8-8.1-3 8-8.1 3
OCCURRED: 06/04/2014 1753
SUSPECTED OF USING: Alcohol
2 DOMESTIC STALKING N Felony
11-59-2/AF 11-59 2/12-29-5
OCCURRED: 06/04/2014 1700
SUSPECTED OF USING: Alcohol
# VICTIM(S) SEX RACE AGE SSN PHONE
1 WHARTON, MARY C F W 45 381-64-9284 401-398-0929
66 SPRING VALLEY DR
EAST GREENWICH RI 02818
DOB: 06/21/1968
EMPLOYER: NEW ENGLAND INST OF TECH - 401-203-9994
ETHNICITY: Not of Hispanic Origin
RESIDENT STATUS: Resident
VICTIM CONNECTED TO OFFENSE NUMBER(S): 1 2
RELATION TO: SANBORN KURT Boy/Girl Friend
CONTACT INFORMATION:
Home Phone (Primary) 401-398-0929
Work Phone (Primary) 401-203-9994
# OTHER PROPERTIES PROPERTY # STATUS
1 VERIZON DROID MAXX PHONE (401)500-0303 14-183-PR Seized (Not Previously Stolen)
QUANTITY: 1 VALUE: $10.00
SERIAL #: IMEI: 990004964453983
DATE: 06/05/2014
OWNER: SANBORN, KURT DAVID
06/05/2014 THU 12:32 PM [TX/RX NO 5678] 0003
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East Greenwich Police Department
Arrest Report
Page: 3
06/05/2014
Arrest #: 14-152-AR
Call #: 14-11529
Incident #: 14-516-OF
# OTHER PROPERTIES PROPERTY # STATUS
2 AT & T ALCATEL CELL PHONE - MOD #0T871AG 14-184-PR Seized (Not Previously Stolen)
QUANTITY: 1 VALUE: $10.00
SERIAL #: HTJE53AP6MW18J6
DATE: 06/05/2014
OWNER: SANBORN, KURT DAVID
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East Greenwich Police Department
NARRATIVE FOR DETECTIVE KERRIE L MAZUR
Page: 1
Ref: 14-152-AR
Entered: 06/05/2014 @ 0003 Entry ID: 146
Modified: 06/05/2014 @ 1212 Modified ID: 146
On 4 June 2014 at 1730hrs., I, Detective Mazur got a phone call from Cathy Wharton who advised me that as she had pulled into her office parking lot at 1050 Main St., she believed she had observed Kurt Sanborn's vehicle in the lot. Wharton has an active restraining order against Kurt Sanborn who is her ex-boyfriend. She severed all relationship ties with Sanborn 21 November 2013 after an alleged suicide attempt. She made it very clear to him that he was not welcome in her home and that their romantic relationship was over.
On 29 May 2014 Sanborn was served by Attleboro, Massachusetts police with a restraining order from Wharton. Captain Macdonald called me and informed me that Sanborn had contacted the police himself and said he had heard that there was a restraining order that needed to be served to him. Sanborn responded to Attleboro police headquarters and was successfully served.
I observed Sanborn's vehicle, RI PC 578-293 on a gray Ford Edge, without any occupants, parked on the east side of the 1050 Main building. A check on the plate confirmed it to be Sanborn's vehicle. Wharton informed me by phone that she was leaving her office. I was parked with two other undercover officers across the street in sight of the vehicle and the building. As Wharton's white mini Cooper exited the parking lot, turning south onto Main St., Sanborn was seen quickly descending the stairs which led from Wharton's office. Photographs were obtained of him ducking as he came to the bottom of the stairs, sneaking to his vehicle then driving hurriedly in the same direction as Wharton.
Wharton had proceeded up Cedar Ave. towards Middle Road. We were positioned on Cedar Ave. and were able to observe Sanborn exit the parking lot then continue up Cedar, with his cell phone in his hand, following Wharton. We proceeded to follow Sanborn. I contacted Sgt. Chirnside and advised him of the events. He told Lt. Siple who dispatched a marked vehicle to our location.
We followed Sanborn as he turned right onto Wharton's road, Spring Valley. He suddenly stopped on the side of the road, one house short of Wharton's. We continued past him. He quickly turned around and exited the street, heading west on Middle Road. We continued to follow him and advised dispatch of our location into North Kingstown and then into Exeter. Sanborn abruptly turned right onto South Road and then right again into Reynolds Memorial Field. We exited our vehicle and advised Sanborn we were police officers, asking him to exit his vehicle with his hands in clear view. Officer Delbonis arrived to assist us in the arrest. Officer Delbonis placed Sanborn into the back of his cruiser in handcuffs at 1825hrs. He was advised that he was being arrested for Violation of a No Contact Order against Mary Catherine Wharton.
RISP Trooper Brisson and Trooper Montminy arrived to assist.
Sanborn gave verbal to search his vehicle and two cellular phones found in the front passenger compartment. Later at the station, Sanborn gave written consent to search his Droid phone and his Alcatel phone. Officer Delbonis transported Sanborn back to headquarters where he was photographed, fingerprinted and placed in cell M1. He was allowed to make a phone call. He attempted to call his lawyer.
Sanborn stated he was eating at Ritrovo restaurant near Wharton's office and that he was going to visit his former friend, Tom on Spring Valley drive to say hello when he realized it was a bad idea and turned around. Wharton later stated Sanborn has no relationships with any of the neighbors on her street.
I attempted to contact Gina Affsa, Sanborn's federal probation officer at 1800hrs. A message was left.
Detective Mazur
06/05/2014 THU 12:32 PM [TX/RX NO 5678] 0005
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East Greenwich Police Department
Images Associated with 14-152-AR
[photographs]
06/05/2014 THU 12:33 PM [TX/RX NO 5678] 0006
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East Greenwich Police Department
Suicide Evaluation Form
Name: SANBORN, KURT DAVID ARR #: 14-152-AR
Address: 45 BIRCH ST Date:
ATTLEBORO, MA. 02703
SSN: 025-52-9211 DOB: 04/23/1967
Observation: Staple Watchtour Tape
Sad | Unemployed | Terminally Ill
Tired | Age 26-32 | Giving Away Property
Confused | * No Spouse | Intoxicated/Alcohol
Crying | * Prior Arrests | Intoxicated/Drugs
Irritable | Wringing Hands | Former Police Officer
Pacing | Protective Custody | Unrealistic Comments
Silent | Poor Eye Contact | Recent Major Surgery
Total # of Items Checked 2 Multiplied By 1 Equals 2
Questions:
Are You Ill | * Used Alcohol Today
Are You Hearing Voices | Used Drugs Today
Any Recent Family Deaths | * Seeking Psychiatric Care
* Threatened Suicide Before | Attempted Suicide Before
Refused To Answer Questions
Total # of Items Checked 3 Multiplied By 2 Equals 6
Others:
State Shows Past Threat | State Shows Past Attempt
Do You Feel Like Killing Yourself Now
If Yes, Does Prisoner Have A Suitable Plan
Total # of Items Checked 0 Multiplied By 15 Equals 0
Evaluation:
(0-7 Points) Low Risk
** (8-12 Points) Medium Risk Total Points 8
(13-20 Points) High Risk
( > 20 Points) Very High Risk
Transfer To Other Agencies:
Accepting Agency Advised Of Past Threat/Attempt: __ Yes __ No
Accepting Agency: ______
Signature of Accepting Officer: ______
Signature of Releasing Officer: ______
06/05/2014 THU 12:33 PM [TX/RX NO 5678] 0007
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EAST GREENWICH POLICE DEPARTMENT
176 First Avenue
East Greenwich, Rhode Island, 02818
Tel# 401-884-2244 Fax# 401-886-8653
Detective Division Tel# 401-886-8630
Consent to Search
Digital Media
Time 1910hrs.
Date 6/4/14
Place EGPD
I, Kurt David Sanborn, have been informed of my right not to have a search of my computer and/or cellular telephone described below without a search warrant and of my right to refuse to consent to a search do authorize Warwick Police / Coventry Police / K. Mazur of the East Greenwich Police Department to conduct a complete search of my computer and/or cellular telephone described as: Verizon - Droid serial# ph# 401-500-0303
Alcatel AT&T serial# HTJE53AP6MW18J6 ph# unknown model# OT871AG software version 987YF70
(Make sure to note the Make, Model, Serial # Phone #, brief description)
User Name: none Cell Phone Cell Phone
Password: none Unlock Code ______ Unlock Pattern
I give my consent to this search knowing that if any incriminating evidence is found it can be used against me in a court.
In addition to the above named Police Officer(s) I also give my consent to any member of the RI State Police Computer Crimes Division or the Warwick / Coventry Police Department to conduct an off-site forensic examine to include any and all digital evidence stored on the equipment described above.
I give this written permission to the Police Officer(s) names above voluntarily and without threats or promises of any kind.
Witness Detective Kerrie Mazur [signature] Signature
06/05/2014 THU 12:33 PM [TX/RX NO 5678] 0008
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DEPARTMENT OF POLICE
EAST GREENWICH, RHODE ISLAND 02818
HEADQUARTERS
TOWN HOUSE
TELEPHONE: 884-2244 886-8639 886-8640
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A POLICE OFFICER
PERMISSION TO SEARCH
I (we) Kurt D Sanborn, have been informed by Detective Kerrie Mazur known to me as an authorized law enforcement officer of the Town of East Greenwich, Rhode Island of my CONSTITUTIONAL RIGHT not to have a search made of the premises and property owned by me and/or under my care, custody and control without a search warrant.
With full knowledge of my lawful right to refuse to consent to such a search, I willingly give my permission to all and any law enforcement officers of the above named Town of East Greenwich, to conduct, at their discretion, but only in accordance with the terms of that certain document entitled "PERMISSION TO ACT AS AGENT" which I have signed contemporaneously herewith, a complete search of the premises and property, including all buildings and vehicles, both inside and outside of the property located and known as Ford Edge RI Reg 578293. and 1 Droid Cell Phone and 1 Alcatel Phone cell
The above said officer(s) further have my permission to take from my premises and property, any items, including, but not limited to, any alcoholic beverages or materials suspected by the said officer(s) to be controlled substances, or any other property or things which they desire as evidence for purposes of potential criminal prosecution.
This written permission to search without a search warrant is given by me to members of the East Greenwich Police Department voluntarily and without any threats or promises of any kind, on this [struck through] 5th day of June, 2014.
Signed [signature]
Date 6/4/14
This consent is acknowledged by Detective Kerrie Mazur
Person left in charge
Witness [signature]
Witness ______
06/05/2014 THU 12:33 PM [TX/RX NO 5678] 0009
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East Greenwich Police Department
Incident Report
Page: 1
05/27/2014
Incident #: 14-516-OF
Call #: 14-10236
Date/Time Reported: 05/19/2014 1435
Report Date/Time: 05/19/2014 1502
Status: Incident Open
Reporting Officer: PATROL OFFICER CHRISTOPHER RAFFERTY
Approving Officer: Lieutenant ROBERT SIPLE
Signature: ______
Signature: ______
# SUSPECT(S) SEX RACE AGE SSN PHONE
1 SANBORN, KURT DAVID M W 47 025-52-9211 401-500-0303
45 BIRCH ST
ATTLEBORO MA 02703
Military Active Duty: N
BODY: NOT AVAIL. COMPLEXION: NOT AVAIL.
DOB: 04/23/1967 PLACE OF BIRTH: NOT AVAIL.
LICENSE NUMBER: RI 3415555 ETHNICITY: NOT HISPANIC
[CONTACT INFORMATION]
Home Phone (Primary) 401-500-0303
# OFFENSE(S) ATTEMPTED TYPE
LOCATION TYPE: Residence/Home/Apt./Condo Zone: DIV/MIDDLE/SHIPPETWN
66 SPRING VALLEY DR
EAST GREENWICH RI 02818
1 WILLFUL TRESPASS N Misdemeanor
11-44-26 11-44 26
OCCURRED: 05/19/2014 1435
# PERSON(S) PERSON TYPE SEX RACE AGE SSN PHONE
1 WHARTON, MARY C REPORTING PARTY F W 45 381-64-9284 401-398-0929
66 SPRING VALLEY DR
EAST GREENWICH RI 02818
DOB: 06/21/1968
EMPLOYER: NEW ENGLAND INST OF TECH - 401-203-9994
CONTACT INFORMATION:
Home Phone (Primary) 401-398-0929
Work Phone (Primary) 401-203-9994
2 WHARTON, KELLY N WITNESS F W 21 636-32-6728 401-714-1586
66 SPRING VALLEY DR
EAST GREENWICH RI 02818
DOB: 09/02/1992
EMPLOYER: URI
CONTACT INFORMATION:
Home Phone (Primary) 401-398-0929
CallBack Number 401-714-1586
06/05/2014 THU 12:33 PM [TX/RX NO 5678] 0010
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East Greenwich Police Department
Incident Report
Page: 2
05/27/2014
Incident #: 14-516-OF
Call #: 14-10236
Attachments for 14-516-OF
Description Type
STATEMENT FROM WHARTON PDF
Attachment#: 751409BDF67D4B0690F1CF0742D1A836
06/05/2014 THU 12:33 PM [TX/RX NO 5678] 0011
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East Greenwich Police Department
SUPPLEMENTAL NARRATIVE FOR PATROL OFFICER CHRISTOPHER RAFF[illegible]
Page: 1
Ref: 14-516-OF
Entered: 05/20/2014 @ 1055 Entry ID: 124
Modified: 05/23/2014 @ 1950 Modified ID: 154
Approved: 05/23/2014 @ 1950 Approval ID: 154
On 5/20/14 I spoke to Kurt Sanborn on the phone and he was very upset about the fact that Mary would come in and file this kind of report against her. He believed that Mary's daughter Kelly was behind all of this and told me that he has threats from Kelly that she would convince her mom into filing this report if he continued a relationship with Mary. Kurt was going to speak to a lawyer about civil action against them for this and was advised by myself not to go to the property and if he needed to go there and get personal items to arrange a time with us so we could go and keep the peace. He also wanted to document that both Mary and Kelly have been texting him and that they allowed him into the home and asked him to stay at the house while the locks were changed.
Ptlm. Chris Rafferty
06/05/2014 THU 12:34 PM [TX/RX NO 5678] 0013
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East Greenwich Police Department
SUPPLEMENTAL NARRATIVE FOR PATROL OFFICER PATRICK [illegible]CCOY
Page: 1
Ref: 14-516-OF
Entered: 05/23/2014 @ 1654 Entry ID: 166
Modified: 05/23/2014 @ 1740 Modified ID: 166
Approved: 05/23/2014 @ 1951 Approval ID: 154
Cathy Wharton responded to EGPD to have documented that her ex-boyfriend, Kurt, again was in her driveway this morning 5-23-14 at 0900 hrs. Kurt was issued a No Trespass Order on her property earlier this week by Ptlm. Rafferty. Cathy just wished we document regarding Kurt arriving at her residence today. I advised her in the future to call us immediately if he arrives at her residence again. I also advised Cathy to consider changing her locks and obtaining a restraining order.
06/05/2014 THU 12:34 PM [TX/RX NO 5678] 0014
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STATE OF RHODE ISLAND
DISTRICT COURT
D.A. - FILE NO. 14-3DA-0123
DOMESTIC ASSAULT
AFFIDAVIT
I, Mary Catherine Wharton wish to file a restraining order against Kurt David Sanborn because he admitted to breaking + entering through Dog Door + changing my locks while I was @ work. He has violated a no-tresspassing order 2X ([struck through: see police reports]). He continues c̄ harassing texts, e-mails + voice mails. He has been cyber-stalking me, hacking all private messages + responding to people directly.
When 1 person sent me their phone #, Kurt called them saying we were married, had children (never married + no children together) together + shouldn't be involved with me. He has made some small + infrequent deposits into my bank acct due to owing me $ from his prison term but then put a hold on my acct claiming he never authorized. He has made homicidal threats in the past + has threatened to sue me to take away my home, my professional license + my livelihood. I am in fear for my physical safety, my financial safety + the safety of my children.
He has sent people to show up at my workplace to try to convince me to return to him. I find him in my driveway + around my neighborhood even though I live in EG + he lives in Attleboro MA. He has lied about my many things jeopardizing my credit, bills + safety.
SIGNATURE M. C. Wharton
Subscribed and sworn to before me in Warwick in the County of Kent in the State of Rhode Island and Providence Plantations, this 29 day of May, 2014.
[signature]
Notary Public/Clerk
No. 3436 P. 10 [printed upside down]
Jun. 5. 2014 12:57PM [printed upside down]
06/05/2014 THU 12:34 PM [TX/RX NO 5678] 0015
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Case 1:13-cr-00028 Document 23 (Court only) Filed [illegible]/05/14 Page 19 of 24
05/29/2014 14:[illegible] ATTLEBORO POLICE PAGE 02/02
05-29-'14 14:03 FROM- [illegible] P0002/0004 F-615
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DISTRICT COURT
TEMPORARY ORDER PROTECTION FROM ABUSE
DIVISION OF COURT: 3rd | ADDRESS OF COURT: 222 Quaker Ln. Warwick, RI 02886 | D.A. - FILE NO. 14-3DA-0123
PLAINTIFF: Mary Catherine Wharton 6/21/68 | PLAINTIFF'S ATTORNEY:
VS
ADDRESS OF PLAINTIFF OR PLAINTIFF'S ATTORNEY: 66 Spring Valley Dr., East Greenwich, RI 02818
DEFENDANT: Kurt David Sanborn 4/23/67 | DEFENDANT'S ADDRESS: 45 Birch St #2, Attleboro, MA 02703
PURSUANT TO CHAPTER [illegible]-8.1 OR CHAPTER 11-37.2 OF THE GENERAL LAWS OF RHODE ISLAND, and upon consideration of plaintiff's complaint, (and having found that immediate and irreparable injury, loss, or damage will result to the plaintiff before a notice can be served and a hearing had thereon) it is ORDERED:
✓ That the defendant is restrained and enjoined from contacting, assaulting, molesting, or otherwise interfering with plaintiff at home, on the street, or elsewhere.
N/A That the defendant vacate forthwith and remain out of the household located at ______
___ That ______
This ORDER is effective forthwith, and will remain in effect until June 19, 2014
A hearing on the continuation of this ORDER will be held at the District Court, Kent County, 3RD Division, at 9 (A.M.) [circled] (P.M.) on 6-19-14.
If the defendant wishes to be heard, (he/she) will be heard at that time. If (he/she) does not appear at that time, this ORDER shall remain in effect.
A copy of this ORDER shall be transmitted to a Law Officer (a sheriff or constable duly authorized to serve process for the District Court) and shall be served on the defendant herein.
ENTERED as an Order of Court this [illegible] day of [illegible] 20 14.
ENTER: [signature] Judge
PER ORDER [signature] Clerk
Presented by: ______ Attorney for Plaintiff
SERVED 05/29/14 3:20PM ATTLEBORO POLICE CAPT. MACDONALD [signature]
A PERSON WHO VIOLATES THIS ORDER MAY BE GUILTY OF A MISDEMEANOR AND MAY BE PUNISHED BY A FINE OF AS MUCH AS $1,000.00 AND/OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE (1) YEAR, AND MAY BE ORDERED TO ATTEND COUNSELING. IF THE VICTIM WANTS THIS ORDER TO CONTINUE BEYOND THE EXPIRATION DATE, THE VICTIM MUST APPLY FOR A RENEWAL OF THE ORDER BEFORE THE EXPIRATION DATE.
DC-5 (revised May 2010)
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05/29/2014 14:[illegible] ATTLEBORO POLICE PAGE 01/02
Case 1:13-cr-00028 Document 23 (Court only) Filed [illegible]/05/14 Page 20 of 24
[struck through]
(508) 223-2224
ATTLEBORO POLICE DEPARTMENT
12 Union St., Attleboro, MA 02703 (508) 222-1212 Fax (508) 223-2210
Fax
To: E. GREENWICH P.D. From: CAPT. Jim MacDonald
Fax: Pages: 2
Phone Date: 05/29/14
Re: CC
☐ Urgent ☐ For Review ☐ Please Comment ☐ Please Reply ☐ Please Recycle
• NOTICE OF CONFIDENTIALITY: The documents accompanying this facsimile contain information from the Attleboro Police Department which may be confidential and / or privileged. The information is intended for use by the individual or entity named on the transmittal sheet. If you are not the intended recipient, be aware that disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this facsimile in error, please notify the Attleboro Police Department by telephone immediately.
If you encounter problems receiving this transmittal, please contact the sender.
THIS ORDER WAS SERVED ON KURT DAVID SANBORN AT 3:20PM TODAY BY ME.
CAPTAIN JAMES MACDONALD [signature]
774-203-1919
[margin, handwritten, rotated:] Short report
06/05/2014 THU 12:34 PM [TX/RX NO 5678] 0017
Case 1:14-mj-00113-PAS Document 1 Filed 06/09/14 Page 19 of 25 PageID #: 19
06/05/2014 [illegible] ATTLEBORO POLICE PAGE 01/04
Case 1:13-cr-00028 Document 23 (Court only) Filed [illegible]/05/14 Page 21 of 24
ATTLEBORO POLICE DEPARTMENT
12 Union St., Attleboro, MA 02703 (508) 222-1212 Fax (508) 223-2210
Fax
To: DET. KERIE MAZUR From: CAPT. Jim MACDONALD
Fax: Pages: 4
Phone Date: 06/05/14
Re: CC:
☐ Urgent ☐ For Review ☐ Please Comment ☐ Please Reply ☐ Please Recycle
• NOTICE OF CONFIDENTIALITY: The documents accompanying this facsimile contain information from the Attleboro Police Department which may be confidential and / or privileged. The information is intended for use by the individual or entity named on the transmittal sheet. If you are not the intended recipient, be aware that disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this facsimile in error, please notify the Attleboro Police Department by telephone immediately.
If you encounter problems receiving this transmittal, please contact the sender.
06/05/2014 THU 12:34 PM [TX/RX NO 5678] 0018
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06/05/2014 09:09 5082232210 ATTLEBORO POLICE PAGE 02/04
Case 1:13-cr-00028 Document 23 (Court only) Filed [illegible]/05/14 Page 22 of 24
Attleboro Police Department
12 Union Street
Attleboro, Massachusetts 02703
Telephone: (508) 223-2224 Fax: (508) 223-2210
attleboropolice.org
Kyle P. Heagney
Chief Of Police
June 5, 2014
Detective Kerie Mazur
East Greenwich Police Dept.
East Greenwich, RI
Detective Mazur, this is to advise you that Kurt David Sanborn, DOB 04/23/1967, of 45 Birch Street, #2, Attleboro, MA was served with a Temporary Order of Protection From Abuse, issued by the District Court of Kent County, Rhode Island (14-3DA-0123).
Sanborn was served in hand by me at approximately 3:20PM on Thursday, May 29, 2014.
If you have any further questions, please feel free to contact me.
[signature]
Captain James G. MacDonald
Operations Division Commander
Semper Vigilo Paratus et Fidelis
06/05/2014 THU 12:34 PM [TX/RX NO 5678] 0019
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06/05/2014 [illegible] ATTLEBORO POLICE PAGE 03/04
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Main Form Page 1 of 2
ATTLEBORO POLICE DEPT.
ATTLEBORO, MA
CAD Incident Report #14055469
Incident Information
Incident #: 14055469 | Incident Date: 05/29/2014 15:22:52 | Call Taker: esm
Incident Type: 3603 REST ORD | Description: EAST GREENWICH RI PD | Priority: 5
Ems Level: | Alarm Level: | Modified By: | Modified Date: 05/29/2014 15:22:14
Event Information
Municipality: 1 ATTLEBORO | Business Name:
Fire Box: | RA: 18
Correct Location: 12 UNION ST
Street #: 12 | Street Name: UNION ST | Apartment #: | Cross Street:
Near: FOSTER INC #37 | Landmarks: PARK ST TO BAILEY ST | Additional: SEGMENT ADDRESSES RANGE FROM 1 TO 37
Reporting Person
RP Name: SANBORN KURT | RP Phone: | How Received:
RP Address: | Closed By: esm | Date Closed: 05/29/2014 15:23:32
Incidents
Agency Name: ATT-PD | Incident Number: 14055469
Incident Types
Dispatch Class: POLICE | Incident Type: REST ORD
Note(s)
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Main Form Page 2 of 2
Note Type: CALL-TKR | Entered By: 05/29/2014 15:22:14 | User ID: esm
Narrative Description: RO WAS SERVED BY CAPT MACDONALD
Dispositions
Type: POLICE | Disposition: (300) SERVICE RENDERE | Incident Report? | Accident Report? | Due By: MACDONALD, J
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Case 1:14-mj-00113-PAS Document 1 Filed 06/09/14 Page 23 of 25 PageID #: 23
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
RECEIVED
U.S. MARSHAL
CONCORD, NH
2014 JUN 5 PM 3 12
United States of America
v. Case No. 13-cr-28-01-SM
Kurt Sanborn
WARRANT FOR ARREST
TO: The United States Marshal
and any Authorized United States Officer
YOU ARE HEREBY COMMANDED to arrest Kurt Sanborn and bring him forthwith to the nearest magistrate judge to answer a Petition charging him with
Violation of Condition of Bail. See Petition attached.
DATE: June 5, 2014
ISSUED BY: [signature]
Judith A. Barrett
Deputy Clerk
RETURN
This warrant was received and executed with the arrest of the above-named defendant at ______
DATE RECEIVED | NAME AND TITLE OF ARRESTING OFFICER | SIGNATURE OF ARRESTING OFFICER
DATE OF ARREST
Case 1:14-mj-00113-PAS Document 1 Filed 06/09/14 Page 24 of 25 PageID #: 24
UNITED STATES PROBATION & PRETRIAL SERVICES
District of New Hampshire
MEMORANDUM
2014 JUN -5 P 2:5[illegible]
DATE June 5, 2014
TO: Honorable Daniel J. Lynch
U.S. Magistrate Judge
FROM: Sean Buckley
U.S. Probation Officer
RE: Kurt Sanborn (13-CR-28-01-SM)
Report of Bail Violation- Warrant Recommended
Release Status
On April 16, 2013, the defendant was released on conditions by this Court (see attached Bail conditions) for pending charges of Wire Fraud, Mail Fraud, and Bank Fraud. The defendant pled guilty to these charges on May 9, 2014 and sentencing is set for August 27, 2014. Since his release on bail, the defendant has been supervised on a courtesy basis in the District of Massachusetts given that he resides there. It should also be noted that Sanborn is also under post-conviction supervised release in that District based on a prior conviction in this Court for Wire Fraud on November 19, 2009. He was sentenced to a 30-month period of imprisonment and was released to supervision on March 1, 2012. No violations have been previously filed.
Details of Violation
Condition 1: The defendant shall not commit any offense in violation of federal, state, or local law while on release in this case.
On this date, this officer was informed by U.S. Pretrial Services Officer Gina Affsa that Sanborn was arrested in the District of Rhode Island on charges of Violation of Protection Order (Misdemeanor) and Domestic Stalking (Felony). According to the East Greenwich (RI) Detective, Sanborn is accused of stalking his former girlfriend, Mary Wharton. The police report alleges that, on May 19, 2013, Mary Wharton, reported to law enforcement that Sanborn continuously came to her home unexpectedly and had entered her home without permission. Ms. Wharton further stated that the defendant recently had the locks at her residence changed by a locksmith without her permission. On May 23, 2014, Wharton informed police that she observed the defendant in her driveway that morning which prompted her to obtain a restraining order on May 29, 2014, which was served on the defendant that same day.
According to the detective, the defendant is also alleged to have entered Wharton's home through a remote animal access door; accessed her cell phone so that he could see her texts, calls,
Case 1:14-mj-00113-PAS Document 1 Filed 06/09/14 Page 25 of 25 PageID #: 25
Honorable Daniel J. Lynch
RE: Kurt Sanborn (13-CR-28-01-SM)
June 5, 2014
Page 2
etc; had a friend impersonate a federal officer and approach the victim; and, he also accessed her bank account, which caused her account to be frozen. Lastly, the detective advised that, on June 4, 2014, Sanborn was observed outside of Wharton's place of work, and later that same day, traveling in a vehicle on Spring Valley Road where Wharton resides.
Recommendation:
Based on the fact that Sanborn is convicted and pending sentencing and the fact that he was arrested in another district for two serious offenses, this officer requests that warrant be issued so that he may be brought before the Court to show cause why his bail should not be revoked due to his being in violation of Standard Condition #1 – the defendant shall not violate any state, local, or federal law. It is further recommended that the warrant be sealed at Level II pending arrest.
Reviewed by: [signature]
Jodi L. Gauvin
Supervising U.S. Probation Officer
Date: June 5, 2014
Respectfully submitted: [signature]
Sean P. Buckley
U.S. Probation Officer
Date: June 5, 2014
THE COURT ORDERS
[ ] No Action
[✓] The Issuance of a Warrant / Matter Sealed Pending Arrest
[ ] The Issuance of a Summons
[ ] Other
[signature]
Honorable Daniel J. Lynch
U.S. District Judge


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