Free Proposed Jury Instructions - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 00-cr-00531-WYD-2 UNITED STATES OF AMERICA, Plaintiff, v. 2. RUDY CABRERA SABLAN, Defendant.

GOVERNMENT'S STIPULATED JURY INSTRUCTIONS - LIABILITY PHASE

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GOVERNMENT'S STIPULATED INSTRUCTION NO. 1 INTRODUCTION TO FINAL INSTRUCTIONS Members of the Jury: Now that you have heard all of the evidence that is to be received in this trial and before hearing the arguments of counsel, it is the duty of the Court to give you the final instructions as to the law that is applicable to this case. You should use these instructions to guide you in your decisions. Each of you will have a copy of these instructions for your reference during your deliberations. All of the instructions of law given to you by the Court ­ those given to you at the beginning of the trial, those given to you during the trial, and these final instructions ­ must guide and govern your deliberations. It is your duty as jurors to follow the law as stated in all of the instructions of the Court and to apply these rules of law to the facts as you find them to be from the evidence received during the trial. Counsel may quite properly refer to some of the applicable rules of law in their closing arguments to you. If, however, any difference appears to you between the law as stated by counsel and that as stated by the Court in these instructions, you, of course, are to be governed by the instructions given to you by the Court. You are not to single out any one instruction alone as stating the law, but must consider the instructions as a whole in reaching your decision. Neither are you to be concerned with the wisdom of any rule of law stated by the Court. Regardless of any opinion you may have as to what the law is or ought to be, it would be a violation of your sworn duty to base any part of your verdict upon any other

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view or opinion of the law than that given in these instructions of the Court just as it would be a violation of your sworn duty, as the judges of the facts, to base your verdict upon anything but the evidence received in the case. You were chosen as jurors for this trial in order to evaluate all of the evidence received and to decide each of the factual questions presented by the allegations brought by the government in the indictment and the plea of not guilty by the defendant. You are expected to carefully and impartially consider all the evidence, follow the law as stated by the Court, and reach a just verdict. You must not be persuaded by bias, prejudice, or sympathy for or against either party to this case or by any public opinion. In determining the facts, you must rely upon your own recollections of the testimony heard by you. You are the sole and exclusive judges of the facts. What counsel for the parties have said in their opening statements, evidentiary objections or in their questioning of witnesses or what they may say in their closing arguments does not constitute evidence. Nothing that the Court may have said during the trial or may say in these instructions should be considered as evidence or as any comment on the evidence. The rulings the Court has made, and any comments and questions to counsel or to witnesses, must not be taken as expressing any opinions about the facts in this case. You are expressly instructed that the Court has no opinion as to what the verdict should be in this case. Justice ­ through trial by jury ­ depends upon the willingness of each individual juror to seek the truth from the same evidence presented to all the jurors here in the

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courtroom and to arrive at a verdict by applying the same rules of law as now being given to each of you in these instructions of the Court.

Court's Instruction No. 1, William Sablan trial, Liability Phase

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GOVERNMENT'S STIPULATED INSTRUCTION NO. 2 DUTY TO FOLLOW INSTRUCTIONS As stated in the previous instruction, you, as jurors, are the judges of the facts. It is your duty as jurors to follow the law as stated in all of the instructions of the Court and to apply these rules of law to the facts as you find them to be from the evidence received during the trial. You have no right to disregard or give special attention to any one instruction, or to question the wisdom or correctness of any rule I may state to you. You must not substitute or follow your own notion or opinion as to what the law is or ought to be. It is your duty to apply the law as I explain it to you, regardless of the consequences. However, you should not read into these instructions, or anything else I may have said or done, any suggestion as to what your verdict should be. That is entirely up to you. It is also your duty to base your verdict solely upon the evidence, without prejudice or sympathy. That was the promise you made and the oath you took.

Court's Instruction No. 2, William Sablan trial, Liability Phase

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GOVERNMENT'S STIPULATED INSTRUCTION NO. 3 EVIDENCE IN THE CASE The evidence in this case consists of sworn testimony of the witnesses (regardless of who may have called them), all exhibits received in evidence (regardless of who may have produced them), stipulations that counsel agreed to (although you are not required to accept the stipulation as evidence and regard that fact as proven, because you are the sole judges of the facts), and facts that I have judicially noticed. Nothing else is evidence. Counsel's statements and arguments are not evidence. Their questions and objections are not evidence. My legal rulings are not evidence. And my comments and questions are not evidence. Any proposed testimony or proposed exhibit to which I sustained an objection and any testimony or exhibits I have ordered stricken must be disregarded entirely. You must completely disregard such proposed, but rejected, evidence. Do not speculate about what a witness might have said or what an exhibit might have shown. These things are not evidence, and you are bound by your oath not to let them influence your decision in any way. Anything you may have seen or heard outside the courtroom is not evidence in this case and must be disregarded entirely. You are to base your verdict only on the evidence received in the case. There are two types of evidence which are generally presented during a trial: direct evidence and circumstantial evidence. Direct evidence is the testimony of a person who asserts or claims to have actual knowledge of a fact, such as an ear- or eyewitness. Circumstantial evidence is proof of a chain of acts and circumstances

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indicating the existence of a fact. The law makes no distinction between the weight or value to be given to either direct or circumstantial evidence. You should weigh all of the evidence in the case. While you must consider only the evidence in this case, you are permitted to draw reasonable inferences from the testimony and exhibits, inferences you feel are justified in light of common experience. An inference is a conclusion that reason and common sense may lead you to draw from facts which have been proved. By permitting such reasonable inferences, you may make deductions and reach conclusions that reason and common sense lead you to draw from the facts which have been established by the testimony and evidence in this case.

Court's Instruction No. 4, William Sablan trial, Liability Phase

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GOVERNMENT'S STIPULATED INSTRUCTION NO. 4 JURY'S RECOLLECTION CONTROLS If any reference by the Court or by counsel to matters of testimony or exhibits does not coincide with your own recollection of that evidence, it is your recollection which should control during your deliberations and not the statements of the Court or of counsel. You are the sole judges of the evidence received in this case.

Court's Instruction No. 5, William Sablan trial, Liability Phase

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GOVERNMENT'S STIPULATED INSTRUCTION NO. 5 RIGHT NOT TO TESTIFY The defendant in a criminal case has an absolute right under our Constitution not to testify, but to remain silent. The fact that Rudy Sablan did not testify in this case must not be discussed or considered in any way when deliberating and in arriving at your verdict. You must not presume or infer guilt from the fact that he decided to exercise his privilege under the Constitution and did not testify. To do so would violate your oath as jurors. As stated before, the law never imposes upon a defendant in a criminal case the burden or duty of calling any witnesses or of producing any evidence.

Court's Instruction No. 6, William Sablan trial, Liability Phase

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GOVERNMENT'S STIPULATED INSTRUCTION NO. 6 CREDIBILITY You, as jurors, are the sole and exclusive judges of the credibility of each of the witnesses called to testify in this case and only you determine the importance of the weight that their testimony deserves. After making your assessment concerning the credibility of a witness, you may decide to believe all of that witness's testimony, only a portion of it, or none of it. In making your assessment you should carefully scrutinize all of the testimony given by the witness, the circumstances under which each witness has testified, and every matter in evidence which tends to show whether a witness, in your opinion, is worthy of belief. Consider each witness's intelligence, motive to falsify, state of mind, and appearance and manner while on the witness stand. Consider the witness's ability to observe the matters as to which he or she has testified and consider whether he or she impresses you as having an accurate memory or recollection of these matters. Consider also any relation a witness may bear to either side of the case, the manner in which each witness might be affected by your verdict, and the extent to which, if at all, each witness is either supported by or contradicted by other evidence in the case. Inconsistencies or discrepancies in the testimony of a witness or between the testimony of different witnesses may or may not cause you to disbelieve or discredit such testimony. Two or more persons witnessing an incident or a transaction may simply see or hear it differently. Innocent misrecollection, like failure of recollection, is not an uncommon experience. In weighing the effect of a discrepancy, however, always consider whether it pertains to a matter of importance or an insignificant detail

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and consider whether the discrepancy results from innocent error or from intentional falsehood. After making your own judgment or assessment concerning the believability of a witness, you can then attach such importance or weight to that testimony, if any, that you feel it deserves. You will then be in a position to decide whether the government has proven the charges beyond a reasonable doubt.

Court's Instruction No. 7, William Sablan trial, Liability Phase

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GOVERNMENT'S STIPULATED INSTRUCTION NO. 7 IMPEACHMENT BY FELONY The testimony of a witness may be discredited or impeached by showing that the witness previously has been convicted of a felony, that is, of a crime punishable by imprisonment for more than one year or of a crime of dishonesty or false statement. A prior conviction does not mean that a witness is not qualified to testify, but is merely one circumstance that you may consider in determining the credibility of the witness. You may decide how much weight to give any prior felony conviction or crime of dishonesty or false statement that was used to impeach a witness.

Court's Instruction No. 8, William Sablan trial, Liability Phase

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GOVERNMENT'S STIPULATED INSTRUCTION NO. 8 IMPEACHMENT BY INCONSISTENT STATEMENTS A witness's testimony may be discredited or impeached by evidence that at some other time he or she made statements which are inconsistent with the witness's present testimony in court. As judges of the facts, it is up to you to determine the credibility, if any, to be given the testimony of a witness who has made prior inconsistent or contradictory statements.

Court's Instruction No. 9, William Sablan trial, Liability Phase

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GOVERNMENT'S STIPULATED INSTRUCTION NO. 9 VOLUNTARINESS OF STATEMENT BY DEFENDANT Evidence relating to alleged statements by a defendant outside of court and after a crime has been committed should always be considered by the jury with great caution and weighed with great care. All such alleged statements should be disregarded entirely unless the other evidence in the case convinces you by a preponderance of the evidence that the statement was made knowingly and voluntarily. In determining whether any statement alleged to have been made by Rudy Sablan was knowingly and voluntarily made, you should consider the defendant's age, training, education, occupation, and physical and mental condition while in custody or under interrogation as shown by the evidence in the case. You should also consider all other circumstances in evidence surrounding the making of the alleged statement or statements. If after considering the evidence you determine that a statement was made knowingly and voluntarily, you may give it such weight as you feel it deserves under the circumstances.

Court's Instruction No. 10, William Sablan trial, Liability Phase (burden of proof changed to "preponderance of the evidence" per 1.25 at 1.05.01 Pattern Jury Instructions, Criminal Cases, Tenth Circuit (2005))

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GOVERNMENT'S STIPULATED INSTRUCTION NO. 10 EXPERT WITNESSES In some cases, such as this one, scientific, technical, or other specialized knowledge may assist the jury in understanding the evidence or in determining a fact in issue. A witness who has knowledge, skill, experience, training or education, may testify and state an opinion concerning such matters. You may accept such an opinion in whole or in part, or reject it in whole or in part. You should consider opinion testimony just as you consider other testimony in this trial. Give opinion testimony as much weight as you think it deserves, considering the education and experience of the witness, the soundness of the reasons given for the opinion, and other evidence in the trial.

Court's Instruction No. 11, William Sablan trial, Liability Phase

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GOVERNMENT'S STIPULATED INSTRUCTION NO. 11 INDICTMENT The charge in this case is contained in an indictment returned by a federal grand jury. The indictment charges that on or about October 10, 1999, in the State and District of Colorado, at the Special Housing Unit, United States Penitentiary, Florence, Colorado, a place within the special maritime and territorial jurisdiction of the United States, the defendants William Sablan and Rudy Sablan, with premeditation and malice aforethought, unlawfully, willfully, deliberately and maliciously killed Joey Jesus Estrella, a human being, and did aid, abet, counsel, command, induce, and procure each other's participation in the commission of said offense. The relevant statute is 18 U.S.C. § 1111(a), which provides, in pertinent part, that: "Murder is the unlawful killing of a human being with malice aforethought. Every . . . willful, deliberate, malicious, and premeditated killing . . . is murder in the firstdegree."

Court's Instruction No. 12, William Sablan trial, Liability Phase

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GOVERNMENT'S STIPULATED INSTRUCTION NO. 12 INDICTMENT IS NOT EVIDENCE An indictment is but a formal method used by the government to accuse a defendant of a crime. It is not evidence of any kind against a defendant. The defendant is presumed to be innocent of the crime charged. Even though this indictment has been returned against the defendant, the defendant begins this trial with absolutely no evidence against him. The defendant has pleaded "Not Guilty" to this indictment and, therefore, denies that he is guilty of the charge.

Court's Instruction No. 13, William Sablan trial, Liability Phase

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GOVERNMENT'S STIPULATED INSTRUCTION NO. 13 "ON OR ABOUT" EXPLAINED The indictment charges that the offense was committed "on or about" a certain date. Although it is necessary for the government to prove beyond a reasonable doubt that the offense was committed on a date reasonably near the date alleged in the indictment, it is not necessary for the government to prove that the offense was committed precisely on the date charged.

Court's Instruction No. 14, William Sablan trial, Liability Phase

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GOVERNMENT'S STIPULATED INSTRUCTION NO. 14 CONSIDER ONLY CRIME CHARGED You are here to decide whether the government has proved beyond a reasonable doubt that the defendant is guilty of the crime charged. The defendant is not on trial for any act, conduct, or crime not charged in the indictment. It is not up to you to decide whether anyone who is not on trial in this case should be prosecuted for the crime charged. The fact that another person also may be guilty is no defense to a criminal charge.

Court's Instruction No. 15, William Sablan trial, Liability Phase

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GOVERNMENT'S STIPULATED INSTRUCTION NO. 15 "HEAT OF PASSION" DEFINED You have heard evidence that Rudy Sablan was acting upon sudden quarrel or in the heat of passion caused by adequate provocation. The term "heat of passion" means a passion, fear or rage in which the defendant loses his normal self-control, as a result of circumstances that provoke such a passion in an ordinary person, but which did not justify the use of deadly force. It is such a state of passion, or hot blood, or rage, anger, resentment or fear as to indicate the absence of deliberate design to kill or as to cause one to act on impulse without reflection.

Court's Instruction No. 18, William Sablan trial, Liability Phase

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GOVERNMENT'S STIPULATED INSTRUCTION NO. 16 DUTY TO DELIBERATE - VERDICT FORM After closing arguments the Court Security Officer will escort you to the jury room and provide each of you with a copy of the instructions that I have just read. Any exhibits admitted into evidence will also be placed in the jury room for your review. When you go to the jury room, you should first select a foreperson, who will help to guide your deliberations and will speak for you here in the courtroom. The second thing you should do is review the instructions. Not only will your deliberations be more productive if you understand the legal principles upon which your verdict must be based, but for your verdict to be valid, you must follow the instructions throughout your deliberations. Remember, you are the judges of the facts, but you are bound by your oath to follow the law stated in the instructions. To reach a verdict, whether it is guilty or not guilty, all of you must agree. Your verdict must be unanimous. Your deliberations will be secret. You will never have to explain your verdict to anyone. You must consult with one another and deliberate in an effort to reach agreement if you can do so. Each of you must decide the case for yourself, but only after an impartial consideration of the evidence with your fellow jurors. During your deliberations, do not hesitate to reexamine your own opinions and change your mind if convinced that you were wrong. But do not give up your honest beliefs solely because of the opinion of your fellow jurors, or for the mere purpose of returning a verdict. Remember at all times, you are judges--judges of the facts. You must decide whether the government has proved the defendant guilty beyond a reasonable doubt.

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The punishment should not be considered by the jury in any way in arriving at an impartial verdict. A form of verdict has been prepared for your convenience. [Explain the Verdict Form] The foreperson will write the unanimous answer of the jury in the space provided, either guilty or not guilty. At the conclusion of your deliberations, the foreperson should date and sign the verdict, and all other jurors shall sign the verdict.

Court's Instruction No. 24, William Sablan trial, Liability Phase

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GOVERNMENT'S STIPULATED INSTRUCTION NO. 17 COMMUNICATION WITH THE COURT If you want to communicate with me at any time during your deliberations, please write down your message or question and give it to the Court Security Officer, who will bring it to my attention. I will respond as promptly as possible, either in writing or by having you return to the courtroom so that I can address you orally. I caution you, however, that with any message or question you might send, you should not tell me any details of your deliberations or indicate how many of you are voting in a particular way on any issue. Let me remind you again that nothing I have said in these instructions, nor anything I have said or done during the trial, was meant to suggest to you what I think your decision should be. That is your exclusive responsibility.

Court's Instruction No. 25, William Sablan trial, Liability Phase