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Mom flunked 3 drug tests, records show
Grand Junction Sentinel ^ | 1/17/13 | Paul Shockley

Posted on 01/18/2013 3:41:35 PM PST by GSWarrior

In alleged violations of the terms of her probation, Heather Jensen failed three court-ordered drug tests in the months before the Nov. 27 incident on Grand Mesa that led to the deaths of her young sons, according to records obtained by The Daily Sentinel.

Steps to revoke Jensen’s deferred judgment—potentially jailing her for an unknown period of time—started in December and resulted in a court filing earlier this month.

“Ms. Jensen has produced urinalysis tests which tested positive for THC on the following dates: March 21, 2012, October 8, 2012, and October 26, 2012,” reads a summons and complaint filed by Mesa County Criminal Justice Services caseworkers, signed on Dec. 31.

THC is the primary intoxicant in marijuana.

The complaint said Jensen must appear in Mesa County court today, Jan. 18, to “show cause” why her deferred judgment shouldn’t be revoked.

“She did not report to produce a (urine) sample in the month of November 2012,” a caseworker wrote in the complaint. “On December 13, Ms. Jensen produced another urinalysis which tested positive for THC.”

The complaint was filed at the Mesa County Justice Center on Jan. 3.

Aside from the drugs, the filing suggests Jensen had trouble showing up to meetings with county officials. Caseworkers wrote in the filing she missed three scheduled check-ins since March 21, 2012.

The no-show dates aren’t specified, but they constituted more alleged violations.

Jensen, 24, waived extradition during a first court appearance Thursday in Lee County, Fla. She was ordered held without bond, while the Mesa County Sheriff’s Department has said it won’t release information on the timing of Jensen’s return.

Jensen was arrested Wednesday leaving her mother’s home in North Fort Myers, Fla., on a Mesa County warrant listing two counts of criminally negligent homicide, two counts of child abuse resulting in death while acting with negligence, and one count of false reporting.

The Palisade mother was charged by District Attorney Pete Hautzinger in connection with a Nov. 27 incident on Grand Mesa that led to the deaths of sons, William, 2, and Tyler, 4. The boys died of hyperthermia, or overheating, after they were left in their mother’s running Toyota 4Runner.

‘Isn’t unusual’

Mesa County Criminal Justice Services Director Dennis Berry, who reviewed Jensen’s file, said the handling of the probation appeared consistent with most deferred-sentence clients in Mesa County.

“Generally, on the first positive (for pot), we’ll deal with it internally, but a second we won’t,” he said. “This isn’t unusual for the kind of process for folks on a deferred judgment.”

Jensen was arrested March 13, 2012, for domestic violence after her husband, Eric, told Palisade police that a fight escalated after he confronted her about hanging out with friends she received medications from. Eric Jensen told officers his wife used Vicodin and Percocet, while she’d punched him during the fight.

She pleaded guilty to third-degree assault and received an 18-month deferred judgment. The agreement with the District Attorney’s Office gave Jensen a chance to erase the conviction if she stayed out of trouble, while complying with a host of terms and conditions.

Berry said the first positive drug test in Jensen’s case March 21 reflects marijuana in her system on the day she was first evaluated by Criminal Justice Services, after her sentencing. She also tested positive for opiates, according to court records.

The positive marijuana test on Oct. 8 likely would have led to discussions with Jensen and her treatment provider, among other steps, Berry said.

“The test from Oct. 26 we considered to be residual use (leftover THC from Oct. 8 test),” he said.

The Dec. 13 test, however, was deemed to reflect “new use,” which Berry said set wheels in motion for Criminal Justice Services staff to start the process for a possible revocation of probation.

Berry said Jensen missed “check-ins” with her case manager, for the third time, on 
Nov. 30.

Despite passage of Amendment 64 and medical marijuana in Colorado, Criminal Justice Services clients are generally prohibited from using any drugs, including marijuana, among terms and conditions of their probation. There are rare exceptions, Berry said.

A boyfriend of Heather Jensen’s told Mesa County sheriff’s investigators that Jensen allegedly admitted using marijuana on the night of Nov. 27 on Grand Mesa, when she allegedly met a man and had sex as her children were overheating in her nearby 4Runner.

‘Move on with my life’

In a hand-written letter addressed to Mesa County Court Judge Bruce Raaum, Jensen asked permission from the judge to leave Colorado, saying she’d “changed in a very good way” after completing court-
ordered domestic violence counseling. The letter was dated Dec. 11.

“I believe it would be a great opportunity for me to start my life over again in Florida, and being surrounded by all my family who loves me to help me get through the losses I’ve had in this past month,” Jensen wrote in the letter. “And I would greatly appreciate it if you will let me move on with my life in Florida.”

The terms of Jensen’s deferred judgment said she had to remain in Colorado, absent prior court approval to leave. The sentence runs through September of this year.

Jensen apparently left anyway.

“The defendant’s request (to leave state) was not referred to the District Attorney’s Office for a response,” Deputy District Attorney Danielle Lewis wrote, objecting to Jensen’s request, despite the fact Jensen had already left Colorado. “The court did not rule on the defendant’s request to leave the jurisdiction, but rather stated that it had reviewed the defendant’s documentation.”

“Defendant does not have permission to leave the state,” Raaum wrote in a hand-written ruling.

The judge signed his ruling on Jan. 7.


TOPICS: Local News; Society
KEYWORDS: drugs; probation
"A boyfriend of Heather Jensen’s told Mesa County sheriff’s investigators that Jensen allegedly admitted using marijuana on the night of Nov. 27 on Grand Mesa, when she allegedly met a man and had sex as her children were overheating in her nearby 4Runner."
1 posted on 01/18/2013 3:41:43 PM PST by GSWarrior
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To: GSWarrior

If she sobers up for good, that is going to be one heavy burden to carry through life.

I’m betting she doesn’t stay sober once this sinks in.


2 posted on 01/18/2013 3:48:27 PM PST by Diana in Wisconsin (I don't have 'Hobbies.' I'm developing a robust Post-Apocalyptic skill set...)
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To: GSWarrior
I think if it could even save one child's life - that drugs should be outlawed.

Oh wait. . . . I guess they are illegal. Well dang. Sounds good anyway. sarc.

3 posted on 01/18/2013 4:41:38 PM PST by builder (I don't want a piece of someone else's pie)
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To: GSWarrior

“Criminal Justice Services clients are generally prohibited from using any drugs, including marijuana, among terms and conditions of their probation.”

Clients? Why are they calling criminals on probation “clients” of “Criminal Justice Services”?


4 posted on 01/18/2013 4:54:31 PM PST by Boogieman
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To: GSWarrior

Maybe she should have studied harder.


5 posted on 01/18/2013 4:58:19 PM PST by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: GSWarrior

Overheating is not a cause of death I would expect at 10,000+ feet in western CO in late November. Dang.


6 posted on 01/18/2013 5:20:36 PM PST by Sherman Logan
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To: GSWarrior

I thought WEED was legal and just fine in Colorado.

So why all this ‘linkage’?


7 posted on 01/18/2013 5:35:36 PM PST by BobL
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To: Sherman Logan

Even if the outdoor temperatures were in the 40’s, it would get very hot inside the car with engine and cabin heat running. Also possible is a carbon monoxide component, which was not announced by the media but likely present as well. BTW the resort is at 8,200 feet, not 10,000.


8 posted on 01/18/2013 5:50:34 PM PST by STYRO (Hope you takers don't expect us producers to defend you. War sucks most for the losers.)
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To: BobL
Remember there are NO deaths that have EVER been caused by MJ usage.

MJ smoke is magical and causes no harm to the user.

I know because I know a guy who is a CEO of 3 companies, and makes lots of money and he split the atom, and he smokes marijuana every day.

Did I mention he's a republican and smokes marijuana every day and that republicans better get on board with marijuana because there is nothing more important than marijuana, and he plays video games all day and smokes marijuana.

But he's the CEO of all these companies and marijuana never affected him.

Marijuana.

9 posted on 01/18/2013 5:59:20 PM PST by boop ("You don't look so bad, here's another")
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To: boop

I heard about a guy who took a toke, went beserk and murdered an entire country in their sleep and then ate their heads. He got to be a real problem when he reached puberty.


10 posted on 01/18/2013 6:05:31 PM PST by tacticalogic ("Oh, bother!" said Pooh, as he chambered his last round.)
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To: STYRO

Records say 40 at 8 pm. 20 at around midnight.

I’ve been in a lot of cars under similar conditions and I don’t recall any time conditions became life-threateningly hot.

Hyperthermia in a winter climate as a cause of death just strikes me as really weird. Especially since one of the boys was 4 years old and not exactly a helpless infant strapped into a car seat. Not saying that isn’t what happened. But I’d like to see a similar car placed under similar conditions and see what the temperature rises to.


11 posted on 01/18/2013 6:34:36 PM PST by Sherman Logan
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To: STYRO
carbon monoxide component

Not likely. As quite a few people have intended when attempting suicide in their garages.

Modern emission controls make even intentional suicide by CO really difficult using automobile engines.

12 posted on 01/18/2013 6:54:01 PM PST by Sherman Logan
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To: Sherman Logan
As quite a few people have discovered when attempting suicide in their garages.
13 posted on 01/18/2013 7:15:13 PM PST by Sherman Logan
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To: Sherman Logan

Freepers, I don’t suggest that you try out Logan’s theory about modern cars and CO. Just in case he is wrong....


14 posted on 01/18/2013 11:40:50 PM PST by STYRO (Hope you takers don't expect us producers to defend you. War sucks most for the losers.)
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To: STYRO

I don’t recommend it either. In a really tight space, the car will pretty quickly use up the oxygen and asphyxiation, as opposed to CO poisoning, becomes a possibility. And there is always the potential for an engine’s pollution controls not working properly...

If you are intent on CO poisoning yourself, it’s really easy to do using an engine without such controls, like a lawnmower or compressor, for instance. Running a five-horse model inside a garage (with the door open!) you can reach lethal levels in about 10 minutes.


15 posted on 01/19/2013 5:22:33 AM PST by Sherman Logan
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