Free Order on Motion in Limine - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2752

Filed 02/29/2008

Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Wiley Y. Daniel Criminal Case No. 00-cr-00531-WYD UNITED STATES OF AMERICA, Plaintiff, v. 2. RUDY CABRERA SABLAN, Defendant. _____________________________________________________________________ ORDER _____________________________________________________________________ THIS MATTER came before the Court on February 27, 2008, on a Final Trial Preparation Conference. Motions in limine and other issues related to trial were addressed. For the reasons stated on the record at the hearing, it is ORDERED that the parties' Jury Instructions (Doc. # 2736 and 2739) are STRICKEN and shall be refiled by Wednesday, March 5, 2008. The parties are ordered to comply with Section IV of my Practice Standards, including the filing of a stipulated set of instructions, disputed instructions, authority for the instructions, and objections as described therein. It is FURTHER ORDERED that Defendant's Special Motion for Discovery (Doc. # 2731) and Amended Special Motion for Discovery (Doc. # 2734) are DEFERRED. Defendant shall subpoena Mr. Stone of WITSEC with a return date/time of Friday, March 7, 2008, at 11:00 a.m. Mr. Stone shall be present in Court at the hearing on the subpoena. It is

Case 1:00-cr-00531-WYD

Document 2752

Filed 02/29/2008

Page 2 of 3

FURTHER ORDERED that the Government's Motion in Limine Re Defense Experts (Doc. # 2729) and the Defendant's Motion in Limine Regarding Government Experts (Doc. # 2742) are DEFERRED. The parties shall make these experts available for interviews by opposing counsel on opinions to be rendered at trial that are alleged to be deficient. Counsel shall advise the Court once these interviews have been conducted and whether the motions in limine on these issues are moot. It is FURTHER ORDERED that Defendant's Motion in Limine (Doc. # 2725) is GRANTED IN PART AND DENIED IN PART. Specifically, the motion is denied as to the request in the motion that the reasons for SHU placement be excluded. This evidence provides a context for why the three individuals were together in the cell on the night of the homicide. As to Defendant's objection to testimony of Mark Farmer (section 4a-c of the Government's response), this will need to be addressed in context at trial. The Government shall do its best to ensure that Mr. Farmer's testimony is based on what he actually observed as compared to speculation. The motion is granted as to areas that the parties have reached agreement on. The motion is denied as moot as to all issues that Defendant withdrew at the hearing. It is FURTHER ORDERED that the Government's Motion in Limine Re Testimony of Dr. David Lovejoy (docket # 2730) is GRANTED IN PART AND DEFERRED IN PART. Specifically, the motion is granted as to the issue of William Sablan's competency. I find that William Sablan's competency is not relevant as it is a legally driven concept that the jury would not necessarily understand. Further, I find that introduction of William's competency could be prejudicial to the Government. The motion is deferred -2-

Case 1:00-cr-00531-WYD

Document 2752

Filed 02/29/2008

Page 3 of 3

as to the remaining issues. The parties are directed to meet and confer on the remaining issues in the motion after the experts have been interviewed. The parties shall file a pleading advising as to issues regarding Dr. Lovejoy's testimony that have not been agreed on by Thursday, March 6, 2008. If any issues remain in dispute, these issues will be addressed at the hearing on March 7, 2008, at 11:00 a.m. It is FURTHER ORDERED that the Government's Motion in Limine to Preclude Defendant Family Impact Testimony (docket # 2726) is DEFERRED as this relates only to the penalty phase of the trial. Dated: February 29, 2008 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel U. S. District Judge

-3-