Free Motion in Limine - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2730

Filed 02/12/2008

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

GOVERNMENT'S MOTION IN LIMINE RE TESTIMONY OF DR. DAVID LOVEJOY

The United States of America, by Troy A. Eid, United States Attorney for the District of Colorado, through Brenda Taylor and Philip A. Brimmer, Assistant United States Attorneys, moves the Court to limit the testimony of Dr. David Lovejoy. As grounds for this motion, the government states: 1. At the hearing on February 1, 2008, the Court ordered the government to identify what topics, if any, the government objected to Dr. David Lovejoy testifying about at the trial of Rudy Sablan. The Court also ordered that the parties meet and confer on this issue, which the parties have done. 2. Dr. Lovejoy testified on behalf of William Sablan in the penalty phase of that trial. Because he testified in the penalty phase, as opposed to the liability phase, Dr. Lovejoy was allowed to express opinions about a variety of topics that would not have

Case 1:00-cr-00531-WYD

Document 2730

Filed 02/12/2008

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been relevant in the liability phase. For example, he testified about William Sablan's decline in cognitive functioning since August 2003, how medication could treat William (a topic that related to future dangerousness), and delusions that William Sablan manifested after 2003. 3. Rudy Sablan intends to call Dr. Lovejoy in the liability phase of his trial. As a result, certain aspects of his testimony in William Sablan are neither relevant nor proper. The Court should order that Dr. Lovejoy not testify about the following areas: a. b. c. IQ and neuropsychological testing after Dr. Poch's testing in 2001. Descriptions of William Sablan's decline in functioning after 2001. The role of medication. (A topic that dealt with future

dangerousness.) d. Delusions that manifested themselves long after the homicide, such

as ones about satellites and Amelia Earhart. e. Any diagnosis of William Sablan's mental state on Oct. 10, 1999 that

incorporates conclusions drawn from his mental state after it changed around that time that Dr. Fortunati saw him in what he termed a "floridly psychotic state" in 2003. f. Any mention of William Sablan's incompetency.

WHEREFORE the United States requests that the Court limit the testimony of Dr. David Lovejoy.

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Case 1:00-cr-00531-WYD

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Respectfully submitted this 12th day of February, 2008.

TROY A. EID United States Attorney

BY: s/ Brenda K. Taylor BRENDA K. TAYLOR Assistant U.S. Attorney U.S. Attorney's Office 1225 17 th Street, Suite 700 Denver, Colorado 80202 Telephone (303)454-0100 FAX: (303) 454-0406 E-mail address: [email protected] Attorney for Government

BY: s/ Philip A. Brimmer PHILIP A. BRIMMER Assistant U.S. Attorney U.S. Attorney's Office 1225 17 th Street, Suite 700 Denver, Colorado 80202 Telephone (303)454-0100 FAX: (303) 454-0403 E-mail address: [email protected] Attorney for Government

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Case 1:00-cr-00531-WYD

Document 2730

Filed 02/12/2008

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CERTIFICATE OF SERVICE I hereby certify that on this 12th day of February, 2008, I electronically filed the foregoing GOVERNMENT'S MOTION IN LIMINE RE TESTIMONY OF DR. DAVID LOVEJOY with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:

Attorneys for Rudy Sablan Forrest W. Lewis [email protected] Donald R. Knight [email protected]

s/ Veronica Ortiz VERONICA ORTIZ Legal Assistant U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Phone (303) 454-0100 Fax (303) 454-0403 E-mail address [email protected]

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