Free Order on Motion to Amend/Correct - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2699

Filed 12/04/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WILEY Y. DANIEL ___________________________________________________________________________ Date: December 4, 2007 Courtroom Deputy: Robert R. Keech Court Reporter/ECR: Kara Spitler Prob/Pret: Interpreters: N/A N/A

___________________________________________________________________________ Criminal Case No. 00-cr-00531-WYD UNITED STATES OF AMERICA, Plaintiff, v. 2. RUDY CABRERA SABLAN, Defendant. ___________________________________________________________________________ COURTROOM MINUTES ___________________________________________________________________________ 5-DAY HEARING ON PENDING MOTIONS (DAY 2) 10:10 a.m. Court in Session - Defendant appears via video conference APPEARANCES OF COUNSEL. Donald R. Knight appears via video conference. Government's Amended Proffer of Penalty Phase Evidence in Support of NonStatutory Aggravating Factor of Future Dangerousness of Rudy Cabrera Sablan (#1845 - 7/24/06) and Defendant Rudy Sablan's Motion in Limine Regarding Convictions and Incidents Alleged in Support of Non-Statutory Aggravating Factor of Future Dangerousness (#1701 - 2/21/06) are raised for argument. Forrest W. Lewis Donald R. Knight Counsel: Brenda K. Taylor Philip A. Brimmer

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Case 1:00-cr-00531-WYD

Document 2699

Filed 12/04/2007

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Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes 10:10 a.m. Government's witness Jay Franklin Vought sworn. Direct examination by Government (Ms. Taylor). EX ID: 2J Exhibit/s 2J RECEIVED. 11:08 a.m. Cross examination by Defendant (Mr. Lewis). EX ID: B, A, F Court in Recess Court in Session Government's witness Jay Franklin Vought sworn. 11:59 a.m. Cross examination by Defendant continues (Mr. Lewis). EX ID: F, E

11:37 a.m. 11:59 a.m.

Exhibit/s A, B, C, D, E, F RECEIVED. 12:39 p.m. 12:43 p.m. 12:45 p.m. 12:47 p.m. Government rests Argument by Government (Ms. Taylor). Argument by Defendant (Mr. Lewis). Argument by Government (Ms. Taylor).

Exhibit/s 2A through 2I RECEIVED. ORDERED: Defendant Rudy Sablan's Motion in Limine Regarding Convictions and Incidents Alleged in Support of Non-Statutory Aggravating Factor of Future Dangerousness (#1701 - 2/21/06) is TAKEN UNDER ADVISEMENT as to the incident involving the testimony of Jay Franklin Vought. Discussion regarding changes in Government's Proposed Fourth Amended Notice of Intent to Seek the Death Penalty. Government's Motion to Amend Notice of Intent to Seek Death Penalty (#2635 10/12/07) is GRANTED. -2-

12:51 p.m.

ORDERED:

Case 1:00-cr-00531-WYD

Document 2699

Filed 12/04/2007

Page 3 of 3

Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes ORDERED: Government shall file Government's Fourth Amended Notice of Intent to Seek the Death Penalty as to Rudy Sablan. A hearing related to Defendant's Motion for Review and Release of William Sablan's Mental Health Material is set for Friday, February 1, 2008, at 3:30 p.m., in courtroom A-1002. Counsel shall file jury instructions not later than Tuesday, February 19, 2008. Counsel shall file an agenda for the final trial preparation conference, set for February 27, 2008, at 3:00 p.m., not later than Tuesday, February 19, 2008. Discussion regarding extension of deadlines related to William Sablan's mental health experts. Counsel shall file a motion for extension of time for experts related to William Sablan's mental health issues prior to the deadline of Monday, December 31, 2007. Court in Recess - HEARING CONCLUDED

ORDERED:

ORDERED: ORDERED:

1:02 p.m.

ORDERED:

1:08 p.m.

TOTAL TIME: 2:36

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