United States District Court

for the
Ea stem Distriel of Pennnlvania
April 8, 2014
U.S.A. vs. Richard Tamaccio Case No. 2:1300636M-1
Petition on Probation
COMES NOW David W. Merth U.S. PROBATION OFFICER OF THE COURT
presenting an official report upon the conduct and attitude ofRichard Tamaccio who was placed
on supervised release by the Honorable Herny S. Perkin. Magistrate Judge sitting in the Court at
Philadelphia. PA. on the 13th day of December, 2Q11 who fixed the period of supervision at Qfil:
year. and imposed the general tenns and conditions theretofore adopted by the Court and also
imposed special conditions and tenns as follows:
ORIGINAL OFFENSE;
ORIGINAL SENTENCE:
SPECIAL CONDITIONS:
MODIFICATION OF
CONDmONS:
DATE SUPERVISION
COMMENCED:
Interference with agency function (Cowit One), disorderly conduct
(Count Two), and possession of a controlled substance (Co wit
Three).
The defendant was sentenced to a tenn of one year probation on all
counts concurrently, with a $30.00 special assessment.
I) The defendant shall not enter within I 00 feet of Independence
National Historic Park in connection with any meeting, event,
group, gathering or demonstration of which the purpose is to
advocate or commit a criminal act; 2) The defendant may hereby
continue to reside with Rachel Friedman; and 3) The defendant
shall pay a $775.00 fine within 30 days of the sentencing date.
On January 27, 2014, Your Honor modified the offender's
conditions to include that the defendant shall refrain from the
illegal possession and/or use of drugs and shall submit to urinalysis
or other forms of testing to ensure compliance. It is further Ofdered
that the defendant shall participate in drug treatment and abide by
the rules of any such program witil satisfactorily discharged.
December 13, 2013
Case 2:13-mj-00636-HSP Document 34 Filed 04/14/14 Page 1 of 5
RE: Tamaccio, Richard
Case No: 2: 3 6 3 6 M ~ 1
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
Tirroughout the period of supervision, Mr. Tamaccio has associated with members of"The Panic
Hour'' and/or "PhillyNORML" (i.e. Chris Goldstein, Kyle Prouty, Michael Whiter, Vanessa
Graber, James Babb, Ellie Paisley, Steve MillerMiller) who are known to promote the use of
marijuana within the Independence National Historic Park located in Philadelphia, Pennsylvania.
Mr. Tamaccio frequently posts comments and other materia1 on "The Panic Hour" Facebook
website, which is presently used as a forum to promote the "Smokedown Prohibition" events
which encourage the illegal use of marijuana at their events. It is noted that the instant offense
occurred.at one such "Smokedown Prohibition" event that led to the arrest ofMr. Tamaccio and
other "Panic Hour'' and/or PhillyNORML"associates.
According to an advertisement posted on "The Panic Hour" Face book website, a "Smokedown
Prohibition" event is scheduled for April 20, 2014, in which participants are encouraged to bring
marijuana with them to the event. While Mr. Tamaccio has claimed that he does not intend to be
present for the event, Mr. Tamaccio has promoted the "Smokedown Prohibition" event through
published media interviews. Additionally, although the Court permitted the offender to reside
with his girlfriend, Rachael Friedman, we note that she is also associated and posts to "The Panic
Hour" Facebook.
In addition to notifying the Court of these concerns, we are a1so advising Your Honor of Mr.
Tamaccio's use of illegal drugs. On February 25, 2014, Mr. Tamaccio submitted a diluted drug
test. When confronted with the diluted test results during an interview at the U.S. Probation
Office on February 26, 2014, he admitted that on February 22, 2014, he "accidentally" ate a
cookie that was laced with marijuana. He explained that he purposefully tampered with the
winalysis test by consuming large amounts of water in an effort to dilute the test specimen.
On April 3, 2014, during an interview at the U.S. Probation Office, Mr. Tamaccio admitted to
this officer that he used another individual's prescribed Percocet medication, and then he used
cocaine. Our plan to address this noncompliance is to make arrangements for outpatient drug
counseling for Mr. Tamaccio.
At this juncture, based on the above information regarding "The Panic Hour," we believe a most
judicious response is for the Court to Order that the defendant shall not associate with members
of the organization known as "The Panic Hour" (i.e. Chris Goldstein, Rachael Friedman, Kyle
Prouty, Michael Whiter, Vanessa Graber, James Babb, Ellie Paisley and Steve Miller-Miller).
The defendant is prohibited from posting material or comments in any form on "The Panic Hour"
Facebook or any other social media account (i.e. Twitter, lnstagram, YouTube) that is associated
with "The Panic Hour." The defendant is prohibited from promoting illegal conduct and shall not
associate with individuals or organizations that promote illegal conduct (i.e. PhillyNORML).
Further, the defendant shall not publicly discuss or promote "Smokedown Prohibition" events
that are currently planned or scheduled in the future.
2
Case 2:13-mj-00636-HSP Document 34 Filed 04/14/14 Page 2 of 5
RE: Tamaccio, Richard
Case No: 2: I 300636M- l
Regarding our proposed modification, Mr. Tamaccio has disagreed with this plan and he has
executed his right to request a hearing before Your Honor. Therefore, we respectfully request the
Court to schedule a hearing on this matter.
PRAYING THAT THE COURT WILL ORDER. .. THE ISSUANCE OF A
SUMMONS DIRECTING THE
ABOVE-NAMED
PROBATIONER TO APPEAR
AT A MODIFICATION OF
CONDITIONS HEARING.
IL
cc: Assistant U.S. Attorney
Defense Attorney
Defendant
I declare under penalty of perjury that the
foregoing is true and correct.

Jana G. Law
SupetVising U.S. Probation Officer
Place Philadelphia. PA
Date Avril 8. 2014
U.S. Magi ate Court Judge
lle"'"-Y S. f,,,,, kt-"'
1
U.S. /l{.J.
3
Case 2:13-mj-00636-HSP Document 34 Filed 04/14/14 Page 3 of 5
ACKNOWLEDGMENT AND REQUEST FOR HEARING
I, Richard Tamaccio, hereby acknowledge receipt of the Notice of
Request for Modification of the Conditions of Supervision, and request a hearing thereon
with my reasons stated below:
Signod'
, (Date)
ACKNOWLEDGMENTANPWAIVEROFHEARJNG
I, Richard Tarnaccio, hereby acknowledge receipt of the Notice of
Request for Modification of the Conditions of Supervision. I have read the Notice and
urderstand that I have the right to a hearing before the Court on that request and to the
assistance of counsel at the hearing. However, I hereby waive (give up) my right to a
hearing and agree to the proposed modifications of conditions of supervision, I also
certify that no promises have been made to me in order to induce me to give up my right
to a hearing.
Signed: ______ _
(Date)
WilNESS:
l<ioo fl,.-IS?- f1t11 ....
Address '
Case 2:13-mj-00636-HSP Document 34 Filed 04/14/14 Page 5 of 5