Three held on federal drug charges

BURLINGTON – An alleged longtime drug user was held Monday after appearing in federal court. Kimberly Lindner, 50, of Newport appeared via video from the Chittenden County Correctional Facility.

Federal Judge Kevin Doyle told Lindner they held Monday’s arraignment because the federal grand jury returned an indictment charging her with four federal crimes. During questioning, Lindner admitted she was hospitalized and treated for narcotics addiction in her early 30s.

Doyle said records show she distributed fentanyl on three occasions between April and May. On November 20, Lindner allegedly used a place on West Main Street in Newport City for unlawfully storing, distributing, and using controlled substances. Linder denied the charges.

Assistant U.S. Attorney Wendy Fuller told the court they have audio and video recordings, several control buys, and possibly electronic evidence that needs review. They are also waiting for lab results from recent controlled buys.

Fuller told the court when she moved to hold Lindner, it was on the grounds of dangerousness but did not have her entire criminal history and did not have all the failure to appear charges.

“Even though Ms. Lindner is a resident of Vermont and appears to have lived here for quite a period, she has recent failures to appear. In the government’s view, that would impact whether or not she would show up in this court,” Fuller said. “For those reasons, we could be proceeding under both prongs: That she is a danger to the community but also a risk of flight given her failure to appear in court.”

In response, Defense Attorney Jordana Levine told the judge that Lindner hoped the court would release her on conditions. She said Valley Vista couldn’t continue with residential methadone treatment at their facility because Lindner is receiving methadone treatment at the BAART Clinic and had not heard back from Serenity House until shortly before Monday’s arraignment. Levine said that Lindner is willing to go residential treatment.

“She does reside alone,” Levine said of Lindner. “She has three bunnies and a cat and would need to figure out care for her animals. She has been in counseling at the BAART Clinic for almost 15 years and participating in the methadone program.”

Levine said she thinks as a result of recent events, they would likely reassess Lindner. If she is not eligible for residential treatment, they would likely increase her counseling services. Levine said Lindner’s mother helps her with her transportation treatment needs but is also within walking distance of the clinic.

“It’s important to note there is a lot of information in the pretrial services report that provides some context for what has been happening in Kimberly’s life,” Levine said. She allegedly has been struggling with addiction and her son, Drew, has been held for several months.” He is charged with some violent crimes and might be released. Levine told the court it’s important to consider that past and recent trauma and continued incarceration will be incredibly harmful. Lindner has support from her family and provider services, said Levine.

Levine said that Lindner’s last failure to appear in court dates to 2019. Doyle said releasing Lindner now might be premature. However, he said it sounds like they are making strides to get Lindner into Serenity House.

“The pretrial services report discloses that Ms. Lindner (was) an active user right up to the day of her arrest,” said Doyle. “Very substantial use of cocaine and heroin while engaged in methadone treatment. Releasing her without a treatment plan in place seems to present a concerning risk to the court at this point.”

Fuller, who agreed with Doyle, said past 15 years of being in treatment were not successful. She said she believes Lindner told federal agents she uses fentanyl.

“She’s been using fentanyl and cocaine regularly for at least the past six months,” said Fuller, who called the engagement with treatment probably a show. “I don’t think she is in the right frame of mind to actually engage in the treatment because if she were, she wouldn’t be regularly using those substances for the past six months. She has been addicted to some form of substance for a very long time. It takes a while for people to get to the point where they really honestly want to engage in treatment.”

Lindner pointed out she had 15 years of sobriety. However, Levine was quick to ask her not to speak.

While outlining his reasoning for holding Lindner, Doyle said that she has an embezzlement felony conviction dating back to 2016. He said he’s less concerned about the nature of the conviction than the associated violation of probation listed in the pretrial services report.

Morgan Cleveland

In a separate appearance, Morgan

Cleveland was also ordered to be held in federal custody Monday. Cleveland is accused of violating a petition for supervised release. Cleveland appeared by video conference for an initial appearance for revocation proceedings. Federal Judge Doyle explained it was up to Cleveland

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