Free Motion in Limine - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2725

Filed 02/12/2008

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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. ______________________________________________________________________________ MOTION IN LIMINE ______________________________________________________________________________ Rudy Sablan, by and through counsel, moves for an order precluding the presentation of certain evidence in the trial of this matter, as more fully set forth herein. BACKGROUND In the trial of William Sablan several witnesses were asked questions by William's attorneys as well as the government which were appropriate in William's trial, but which are inadmissible in Rudy Sablan's trial. At times, in William's trial, government witnesses gave improper testimony which was not challenged by William's attorney for strategic reasons unique to William's defense. Some of these evidentiary issues have been resolved by agreement but some require a ruling from the Court. A. Several witnesses told the jury in William's trial that Rudy was a violent person.

Rudy Sablan does not intend to put his character in issue during the trial on the charges. The government has agreed not to elicit character evidence regarding Rudy from its witnesses and to caution its witnesses against inadvertently doing so.

Case 1:00-cr-00531-WYD

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B.

The evidence regarding the reason for William's placement in the SHU, as

presented in William's trial, created an unfavorable and misleading inference that Rudy had committed some wrongful act in general population. Rudy Sablan objects to that evidence in his trial. The reason for placing William in the SHU, indeed the reason for placing anyone in the SHU, is not relevant and creates an unnecessary unfair prejudicial inference. Rudy Sablan objects under F.R.E. 401, 402, 403 and 404. C. In William's trial, government witnesses were allowed to indulge in sheer

speculation on some issues. Mark Farmer, for example, testified that Rudy "was enjoying himself while they were going at each other . . ." (3586) He said, "I think they killed Flaco . . ." (3590) "They were celebrating. They were having a good time." (3593) Although Farmer admits he did not see what happened, he testified that "I think Flaco was getting the better of him and I think Rudy jumped in to help his cousin, his family." Rudy Sablan objects to this type of speculation on the part of Mr. Farmer and any other witness. It violates F.R.E. 602, 403 and Rudy Sablan's constitutional rights to a fair trial and due process of law. Mr. Farmer's speculation also fails to meet constitutional standards of heightened reliability required in death penalty cases. D. To convict Rudy Sablan as an aider and abettor, the government is required to

prove, beyond a reasonable doubt, that William Sablan murdered Joey Estrella. The fact that William was convicted in his trial is inadmissible in Rudy Sablan's trial. Rudy requests an order that no witness refer to William's conviction in any manner, directly or indirectly. E. Rudy Sablan objects to any evidence regarding the projected release date for Mr.

Estrella at the time of his death. F.R.E. 401, 402, 403.

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F.

Rudy Sablan objects to the presentation of the cell DVD. It is certain to incite

prejudice, sympathy, unfair outrage and emotional response which will preclude a fair, objective consideration of the evidence in this case. F.R.E. 403. United States v. Thomas, 49 F.3d 253, 259 (6th Cir. 1995) (shotgun should have been excluded under F.R.E. 403 because, "it is exactly the type of item that, in a close case, could influence the jury and suggest a decision on an improper basis"); United States v. Fliteraft, 803 F.2d 184, 186 (5th Cir. 1986) (evidence properly excluded under F.R.E. 403 where it was cumulative and had potential to confuse the jury). WHEREFORE, Rudy Sablan requests an order precluding the presentation of the evidence outlined herein. 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

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Case 1:00-cr-00531-WYD

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Filed 02/12/2008

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CERTIFICATE OF SERVICE I hereby certify that the foregoing MOTION IN LIMINE was electronically filed with the Clerk of the Court using the CM/ECF system on this 12th day of February, 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

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