Free Motion for Extension of Time to File - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2713

Filed 01/28/2008

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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. 2. RUDY CABRERA SABLAN, Defendant.

GOVERNMENT'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO PROVIDE SUMMARIES OF TESTIMONY OF REBUTTAL EXPERT WITNESSES

The United States of America, by Troy A. Eid, United States Attorney for the District of Colorado, and through Brenda K. Taylor and Philip A. Brimmer, Assistant U.S. Attorneys, respectfully requests that the deadline for providing summaries of certain rebuttal expert witness testimony be extended to February 19, 2008. The reasons for this request are as follows: 1. The parties have provided notice of their expert witnesses, the government on December 31, 2007, and the Defendant, upon the granting of an unopposed motion for extension, on January 4, 2008. 2. The defendant has given notice that he intends to call eight experts, possibly seven during his case in chief. 3. As noted in its Motion for Extension of Time to Provide Notice of Rebuttal

Case 1:00-cr-00531-WYD

Document 2713

Filed 01/28/2008

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Expert Witnesses (Docket # 2704, filed and granted on January 16, 2008, Docket #2705), the government has requested clarification from defense counsel regarding the areas of the anticipated expert testimony and the bases and reasons for the testimony. Defense counsel have indicated that they are in the process of responding to the request, but the information has not yet been received. 4. On January 16, 2008, the Court extended the deadline for providing notice of rebuttal experts to January 29, 2008. 5. The government is able at this time to provide the names and qualifications of possible rebuttal expert witnesses. However, it is unable to provide summaries of opinions which may be offered or the bases and reasons therefor as required pursuant to Fed. R. Crim. P. 16 (b) (1) (C) for all anticipated rebuttal experts until the additional information has been received and can be reviewed by the witnesses. 6. One of the defendant's experts, an engineer, was made available on January 24, 2008 for interview. His opinions are based on physical testing, the specifics of which were provided at the time of the interview, and which must be reviewed by the government's expert prior to his being able to form an opinion on the issue. 7. The government therefore requests that an extension be granted until February 19, 2008, for the government to provide summaries of opinions and the bases and reasons therefor for rebuttal experts. 8. Counsel for the government has conferred with Forrest Lewis, counsel for

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Case 1:00-cr-00531-WYD

Document 2713

Filed 01/28/2008

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defendant Rudy Sablan, and Mr. Lewis has no objection to the government's request.

Respectfully submitted this 28th day of January, 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) 454-0406 E-mail address: [email protected] Attorney for Government

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Case 1:00-cr-00531-WYD

Document 2713

Filed 01/28/2008

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CERTIFICATE OF SERVICE I hereby certify that on this 28th day of January, 2008, I electronically filed the foregoing GOVERNMENT'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO PROVIDE SUMMARIES OF TESTIMONY OF REBUTTAL EXPERT WITNESSES with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: 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] Attorney for Defendant Rudy Sablan Donald R. Knight KNIGHT & MOSES, LLC 7852 S. Elati Street, Suite 201 Littleton, Colorado 80120 Telephone: (303) 797-1645 Facsimile: (303) 730-0858 Email: [email protected] Attorney for Defendant Rudy Sablan

s/ Veronica Ortiz VERONICA ORTIZ Legal Assistant U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Phone: (303) 454-0335 Fax: (303) 454-0406 E-mail address: [email protected]

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