Free Order on Motion for Miscellaneous Relief - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2693

Filed 12/03/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WILEY Y. DANIEL ___________________________________________________________________________ Date: December 3, 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 1) 9:24 a.m. Court in Session - Defendant appears via video conference APPEARANCES OF COUNSEL. Donald R. Knight appears via video conference. Court's opening remarks. ORDERED: Defendant's Motion for Hearing Regarding Procedure for Review and Release of William Sablan's Mental Health Material (R-49) (#1671 - 2/6/06) is DENIED AS MOOT. Defendant's Motion for Miscellaneous Relief (#248 - 8/17/01) is DENIED AS MOOT. Forrest W. Lewis Donald R. Knight Counsel: Brenda K. Taylor Philip A. Brimmer

ORDERED:

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Case 1:00-cr-00531-WYD

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Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes Government's Motion to Amend the Third Amended Notice of Intent to Seek Death Penalty (#2635 - 10/12/07) is raised for argument. 9:29 a.m. 9:31 a.m. 9:32 a.m. ORDERED: Argument by Defendant Rudy Cabrera Sablan (Mr. Lewis). Argument by Government (Ms. Taylor). Argument by Defendant Rudy Cabrera Sablan (Mr. Lewis). Government's Motion to Amend the Third Amended Notice of Intent to Seek Death Penalty (#2635 - 10/12/07) is DEFERRED. Parties shall meet and confer regarding fourth amended notice of intent to seek death penalty to be filed by the Government and evidence to be presented by Government in support of the same. Government's Motion to Reconsider Crawford Ruling of February 26, 2007 (#2636 - 10/12/07) is raised for argument. 9:48 a.m. ORDERED: Argument by Government (Ms. Taylor). Government's Motion to Reconsider Crawford Ruling of February 26, 2007 (#2636 - 10/12/07) is DENIED. 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'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. 9:58 a.m. Argument by Government (Ms. Taylor).

ORDERED:

Exhibit/s 1A, 1B, 1C, 1D RECEIVED. 10:05 a.m. 10:12 a.m. Argument by Defendant Rudy Cabrera Sablan (Mr. Lewis). Argument by Government (Ms. Taylor).

Exhibit/s 1E, 1F, 1G RECEIVED. Exhibit/s 3A through 3P RECEIVED. -2-

Case 1:00-cr-00531-WYD

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Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes 10:29 a.m. 10:33 a.m. 10:35 a.m. 10:39 a.m. 10:45 a.m. 10:49 a.m. 10:50 a.m. 10: a.m. 10:52 a.m. 11:17 a.m. Argument by Defendant Rudy Cabrera Sablan (Mr. Lewis). Argument by Government (Ms. Taylor). Argument by Defendant Rudy Cabrera Sablan (Mr. Lewis). Argument by Government (Ms. Taylor). Argument by Defendant Rudy Cabrera Sablan (Mr. Lewis). Argument by Government (Ms. Taylor). Argument by Defendant Rudy Cabrera Sablan (Mr. Lewis). Argument by Government (Ms. Taylor). Court in Recess Court in Session Argument by Government (Ms. Taylor). 11:19 a.m. 11:20 a.m. Argument by Defendant Rudy Cabrera Sablan (Mr. Lewis). Argument by Government (Ms. Taylor).

Exhibit/s 5A, 5B, 5C RECEIVED. 11:22 a.m. 11:24 a.m. Argument by Defendant Rudy Cabrera Sablan (Mr. Lewis). Argument by Government (Ms. Taylor).

Exhibit/s 7A, 7B RECEIVED. 11:25 a.m. ORDERED: Argument by Defendant Rudy Cabrera Sablan (Mr. Lewis). 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 DENIED IN PART, TAKEN UNDER ADVISEMENT IN PART, and DEFERRED IN PART.

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Case 1:00-cr-00531-WYD

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Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes ORDERED: Government shall file submission on issues of Georgia case number 96-CR364, including availability of the victim and opportunity for cross examination, not later than Friday, January 25, 2008. Defendant shall respond to what Government files not later than twenty (20) days from that date (January 25, 2008). Defendant Rudy Cabrera Sablan's Motion in Limine to Admit Evidence of Character and Habit of Joey Estrella (#254 - 8/17/01) is raised for argument. 11:33 a.m. 11:47 a.m. 11:51 a.m. 11:55 a.m. 12:04 p.m. 12:06 p.m. 12:08 p.m. ORDERED: Argument by Defendant Rudy Cabrera Sablan (Mr. Lewis). Argument by Government (Ms. Taylor). Argument by Defendant Rudy Cabrera Sablan (Mr. Lewis). Argument by Government (Ms. Taylor). Argument by Defendant Rudy Cabrera Sablan (Mr. Lewis). Argument by Government (Ms. Taylor). Argument by Defendant Rudy Cabrera Sablan (Mr. Lewis). Defendant Rudy Cabrera Sablan's Motion in Limine to Admit Evidence of Character and Habit of Joey Estrella (#254 - 8/17/01) is DENIED IN PART and DEFERRED IN PART. Defendant is to file a supplemental pleading submitting all documentation regarding the incidents offered to be admitted in this motion by Wednesday, December 5, 2007. Defendant Rudy Cabrera Saban's Motion in Limine to Admit Evidence of William Sablan's Mental Condition (R-18) (#257 - 8/17/01) is raised for argument. 12:13 p.m. ORDERED: Argument by Defendant Rudy Cabrera Sablan (Mr. Lewis). Defendant Rudy Cabrera Saban's Motion in Limine to Admit Evidence of William Sablan's Mental Condition (#257 - 8/17/01) is DEFERRED.

ORDERED:

ORDERED:

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Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes ORDERED: Defendant shall filed supplemental briefing as to Defendant Rudy Cabrera Saban's Motion in Limine (#257 - 8/17/01) not later than Friday, December 21, 2007. Government shall respond within two (2) weeks or not later than Tuesday, January 4, 2008. Court in Recess Court in Session Chris Vagner, Chief Deputy Clerk and Joann Garcia, Jury Administrator are present in the courtroom. 1:45 p.m. ORDERED: Discussion regarding proposed changes to the language of the jury notice. Parties shall submit proposed changes to the language of the initial jury questionnaire not later than Friday, December 14, 2007. Chris Vagner and Joann Garcia are excused. Further discussion regarding proposed changes to the jury questionnaire. Defendant Rudy Cabrera Sablan's Motion in Limine Regarding Statements of William Sablan (#256 - 8/17/01) is raised for argument. 2:38 p.m. 2:41 p.m. 3:16 p.m. 3:39 p.m. Argument by Government (Ms. Taylor). Argument by Defendant Rudy Cabrera Sablan (Mr. Lewis). Court in Recess Court in Session Argument by Defendant Rudy Cabrera Sablan (Mr. Lewis). 3:40 p.m. 4:08 p.m. 4:13 p.m. Argument by Government (Ms. Taylor). Argument by Defendant Rudy Cabrera Sablan (Mr. Lewis). Argument by Government (Ms. Taylor). -5-

ORDERED:

12:25 p.m. 1:44 p.m.

2:20 p.m.

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Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes 4:14 p.m. ORDERED: Argument by Defendant Rudy Cabrera Sablan (Mr. Lewis). Defendant Rudy Cabrera Sablan's Motion in Limine Regarding Statements of William Sablan (#256 - 8/17/01) is DEFERRED. Discussion regarding schedule for tomorrow. Hearing will resume on Tuesday, December 4, 2007, at 10:00 a.m. Court in Recess - HEARING CONTINUED

4:19 p.m. ORDERED: 4:21 p.m.

TOTAL TIME: 4:50

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