Free Objection (Other) - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2761

Filed 03/05/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Case No. 00-cr-00531-WYD-02 UNITED STATES OF AMERICA, Plaintiff, v. RUDY CABRERA SABLAN, Defendant. ______________________________________________________________________________ DEFENDANT'S OBJECTIONS TO GOVERNMENT'S DISPUTED INSTRUCTIONS ______________________________________________________________________________ 1. Government's Disputed Instruction No. 1 (Burden of Proof): Rudy Sablan has

submitted the burden of proof instruction given in William Sablan. (Defendant's Disputed Instruction A.) He believes the same instruction should be given in his case for the same reasons stated in William Sablan's trial. 2. Government's Disputed Instruction Nos. 2-5: These instructions do not include

defense of another person. Rudy Sablan believes the evidence at trial may support this defense and, if so, it should be in the elemental instructions. The Court cannot rule on this issue until the evidence has been concluded. 3. Rudy Sablan objects to Government's Disputed Instruction No. 6 because it does

not fully address all of the issues regarding aiding and abetting in this case. Aiding and abetting was not an issue of concern for William. It is for Rudy. Defendant's Disputed Instruction No. H addresses specific, important issues relevant to Rudy's case. Defendant's instructions combines language from the 10th Circuit Pattern Instruction 2.06 and the cases cited in support thereof.

Case 1:00-cr-00531-WYD

Document 2761

Filed 03/05/2008

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In this case, for example, the government will present evidence and argument that Rudy disposed of or assisted in disposing of the weapon. Indeed, many of his actions after the killing will be argued by the government as evidence of complicity. It is crucial that the jury know, as the Court made clear in United States v. Salamanca, 990 F.2d 629 (D.C. Circ. 1993), that providing assistance to the perpetrator of a crime after it has been committed is not aiding and abetting, and that a person cannot be guilty of aiding and abetting a crime that has already been committed. The second element of the government's instruction does not explain the intent required as clearly and completely as the 10th Circuit pattern instruction. Rudy Sablan has therefore incorporated the pattern instruction language as to the second element into his proposed instruction. 4. Rudy Sablan objects to Government's Disputed Instruction No. 7 because it is

unclear, misleading and duplicitous (issue covered in other instructions). He notes that this instruction was not given in William Sablan. 5. Rudy Sablan objects to the Government's Special Verdict Form because it does

not differentiate between conviction as a principal or an aider and abettor. Respectfully submitted,

s/ Forrest W. Lewis Forrest W. Lewis FORREST W. LEWIS, P.C. 1600 Broadway, Suite 1525 Denver, Colorado 80202 Telephone: (303) 830-2190 Facsimile: (303) 830-1466 E-mail: [email protected]

Donald R. Knight KNIGHT & MOSES, LLC 7852 S. Elati Street, Suite 201 Littleton, Colorado 80120 Telephone: (303) 797-1645 Facsimile: (303) 730-0858 E-mail: [email protected] Attorneys for Defendant Rudy Sablan

Case 1:00-cr-00531-WYD

Document 2761

Filed 03/05/2008

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CERTIFICATE OF SERVICE I hereby certify that the foregoing DEFENDANT'S OBJECTIONS TO GOVERNMENT'S DISPUTED INSTRUCTIONS was electronically filed with the Clerk of the Court using the CM/ECF system on this 5th day of March, 2008, which will send notification of such filing to the to the following e-mail addresses: Brenda Taylor [email protected] Philip Brimmer [email protected]

s/Polly Ashley