Oregon refuge occupier Jason Blomgren's penchant for everything bagels appears to be coming to an end.

Federal supervision officers have cited concerns that Blomgren has been using opiates, which would be a violation of his release conditions, based on a positive result for morphine on a May urinalysis test.

But Blomgren's defense lawyer and investigator argued, based on an outside expert's opinion and review of the test results, that poppy seeds could not be eliminated as the source of the morphine, according to court papers.

Jason Blomgren

"Therefore, it is our position that the positive urine sample test was caused by the bagel he ate for breakfast and not an illegal controlled substance,'' Blomgren's lawyer Robert W. Rainwater said in court documents.

Rainwater asked his investigator Nena Baker to accompany him to court Monday, ready to testify that she spoke with Blomgren and "learned he eats an 'everything' bagel with poppy seeds for breakfast every morning. He ate one the day of the screening,'' according to court papers.

Blomgren, who pleaded guilty last year to conspiring to impede federal employees from carrying out their work at the Malheur National Wildlife Refuge through intimidation, threat or force, has been out of custody for more than a year. He had been subpoenaed by the government to testify in a trial against Ammon Bundy and other leaders of the refuge occupation, but he ended up not being called as a witness.

Under a negotiated plea agreement, Blomgren is expected to be sentenced to probation Aug. 28.

Blomgren, under the supervision of federal officers in the western district of North Carolina, was reported to have tested positive for morphine on May 22, according to prosecutors. Based on that test and other concerns, his pretrial supervision officer in North Carolina urged Blomgren be taken into custody for violating his conditions of release.

Judge adds new condition of release for defendant Jason Blomgren.

During a subsequent test July 17, Blomgren again tested positive for opiates and oxycodone, Assistant U.S. Attorney Craig Gabriel told a judge Monday. Blomgren told federal officials he hadn't consumed any poppy seeds that morning, Gabriel added.

More "interpretive work'' needs to be done on the July test results, though, the prosecutor told the court.

Rainwater said his client will try to work it out. "Perhaps he does needs some drug treatment,'' Rainwater noted.

On Monday, the government withdrew its petition to find Blomgren in violation of supervision, as Blomgren listened to the proceeding by phone from North Carolina.

Instead, Gabriel asked U.S. District Judge Robert E. Jones to add a new condition for his release: "Defendant shall not consume any items containing poppy seeds.''

Gabriel said he didn't want to comment about whether Blomgren's claim of consuming bagels with poppy seeds was causing his positive drug tests.

"I don't think that's my place,'' Gabriel told the judge.

The judge approved the new condition.

"It seems reasonable to give up the everything bagel,'' Blomgren's lawyer said after the hearing. "He'll have to.''

Blomgren said he'll change his morning routine.

"As for breakfast, I will be eating egg whites and tea from now on,'' he told The Oregonian/OregonLive.

-- Maxine Bernstein

mbernstein@oregonian.com

503-221-8212

@maxoregonian