U.S. Probation Officer Juanette David-Atalig has requested the court to summon Eugene Ka Lok Wong to a hearing to determine whether his pretrial release conditions should revoked or modified.
David-Atalig wants the court to give guidance as to what is expected of the defendant as it relates to his compliance with the special conditions of his pretrial release.
On May 17, 2021, Wong was indicted on charges of possession with intent to distribute more than 50 grams of methamphetamine, and attempt to possess with intent to distribute more than 50 grams of methamphetamine.
According to the indictment, the alleged incidents occurred on Dec. 18 and 22, 2020.
Wong has entered a plea of not guilty to counts I and II of the indictment.
On June 1, 2021, the federal court released Wong on a $1,000 unsecured bond, with conditions to include pretrial supervision and random drug testing.
On June 16, 2021, according to the probation officer, the defendant’s conditions were modified to include that the defendant participate in an inpatient or outpatient substance abuse therapy and counseling after he admitted using methamphetamine on June 5, 2021.
David-Atalig said an informational report was submitted to the court on June 22, 2021 after the defendant tested presumptive positive for methamphetamine.
The sample was diluted according to the refractometer, an instrument used to determine urine specific gravity, David-Atalig added.
She said Wong admitted to Probation Officer Gregory Arriola that he “snorted” Percocet while at a party and drank alcohol to the point of intoxication.
Percocet is a brand name for a drug that is a combination of the opioid oxycodone with paracetamol, and used to treat moderate to severe short-term pain.
Because oxycodone can become addictive, it is classified as a controlled substance, making it illegal to sell or use without a doctor’s prescription.
The probation officer’s report did not say how Wong obtained Percocet.
But he told the probation office that methamphetamine may have been added to the substance he snorted, David-Atalig said.
Wong executed an Admission of Drugs/Alcohol form indicating he consumed “Jack Daniel” and “meth” on June 15, 2021, the probation officer said.
The defendant was assessed for substance abuse treatment at the HOPE Recovery Center on June 21, 2021, and will be referred to the Community Guidance Center for such treatment.
On June 22, 2021, David-Atalig said she emailed the defendant’s attorney, Mark Hanson, a PROB 11B form, Authorization to Release Confidential Information (Drug Abuse Program) for the defendant to sign.
“The confidential information to be released by the treatment provider to the U.S. Probation Office specifically requests for the following: date of entrance to program; attendance records; urine testing results; type, frequency of therapy (including psychotherapy notes); general adjustment to program rules; type and dosage of medication; response to treatment; test results (psychological, vocational, etc.); date of and reason for withdrawal from program; prognosis.”
But the probation officer said attorney Hanson contends that only the following information can be released to her: date of entrance to program; attendance records; general adjustment to program rules; and date of withdrawal from program.
“It is impractical for this officer to monitor the defendant’s compliance with the court-ordered condition of release (substance abuse treatment) without access to information such as urine testing results; type and frequency of therapy; response to treatment; date and reason for withdrawal; prognosis; and/or the defendant’s own statement,” David-Atalig told the court.
She said on June 25, 2021, the defendant reported to the U.S. Probation Office for substance abuse testing. The result indicated presumptive positive for methamphetamine, she added.
When confronted with the result, the defendant denied using the drug and asked Officer Arriola if “second-hand smoke” could cause such result.
Wong said he was in a car with friends who smoked ice.
David-Atalig said she also spoke to Wong and he insisted that he did not use methamphetamine but rather, he was “hot boxed”: smoking a drug in a small enclosed area, causing it to fill with smoke in order to maximize the effect.
The specimen will be sent to the national drug testing laboratory for testing, she added.
Wong is scheduled to appear for a hearing in federal court on Monday, June 28, 2021, at 1:30 p.m.
Chief Judge Ramona V. Manglona has scheduled his jury trial for Aug. 3, 2021 at 10 a.m.
