Free Notice (Other) - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2646

Filed 11/13/2007

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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 PROPOSED AGENDA FOR DECEMBER 2007 HEARINGS

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, having conferred with Forrest W. Lewis, counsel for defendant Rudy Sablan, propose that the pending motions be addressed in the following order at the hearings set for December 3 through 5, and 20 and 21, 2007. 1. PHASE III EVIDENTIARY HEARING--Government's Amended Proffer of Penalty Phase Evidence in Support of Non-Statutory Aggravating Factor of Future Dangerousness. This is the only hearing which will involve live testimony and the parties wish to ensure that the witnesses can be presented during the December 3-5, 2007 time period.

Case 1:00-cr-00531-WYD

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2. PHASE III MOTIONS--LEGAL ARGUMENT: a. Docket #1701, 1736 (Defendant's Motion in Limine Regarding Convictions and Incidents Alleged in Support of Non-Statutory Aggravating Factor of Future Dangerousness & Government's Response). Since the time Defendant's motion 1701 was filed on February 21, 2006, the government has amended the NOI to delete all non-institutional incidents except for Guam Superior Criminal Case 67F87. The issues which remain are discussed at paragraphs 4 through 8 of the defense Motion and paragraphs 2 b (1) through (5) at pages 18 through 21 of the government's response; b. Docket #1860 (Rudy Sablan's Response to Government's Proffer of Penalty Phase Evidence). The remaining issue is the defendant's challenge to Guam Superior Court Criminal Case 67F87, formerly alleged as a statutory aggravator and now alleged at ¶ C1(a) of the Third Amended NOI in support of the future dangerousness nonstatutory aggravating factor; c. Docket #2636 (Government's Motion to Reconsider Crawford Ruling of February 26, 2007); d. Docket #2635 (Government's Motion to Amend the Third Amended Notice of Intent (NOI) to Seek the Death Penalty for Rudy Sablan) This is the government's request to add the additional non-statutory aggravating factor of Victim Impact to the NOI. The government also intends to amend the Third Amended NOI to delete the FCI-Englewood incident of February 9, 2001 listed at ¶ C1(h) in support of the

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Case 1:00-cr-00531-WYD

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future dangerousness non-statutory aggravator. The Court previously excluded an almost identical incident involving William Sablan on the same date and location in its Order of February 26, 2007, Docket #2301 at 43. d. Docket #1698 (Motion to Preclude Expert Testimony on the Issue of Future Dangerousness) This motion was denied in part and deferred in part by the Court's Order of July 6, 2006, Docket #1836, until it is determined whether the government will offer such an expert. The parties agree that this motion is premature and should be further deferred until after the government gives notice of its expert witnesses on December 31, 2007. 3. LEGAL ARGUMENT-MENTAL HEALTH EVIDENCE-WILLIAM SABLAN: a. Docket #257 (Motion in Limine to Admit Evidence of William Sablan's Mental Conditions) Defendant has indicated in his Supplement to Pending Motions that he will file a supplement to this motion prior to the December hearings and after reviewing the documents recently provided. 4. LEGAL ARGUMENT­EVIDENTIARY MOTIONS: a. Docket #256, 2632 (Motion in Limine Regarding Statements of William Sablan & Supplement to Pending Motions) The remaining issue is the admissibility of the statements made during the FBI interview of William Sablan on October 10, 1999 if offered by defendant Rudy Sablan;

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Case 1:00-cr-00531-WYD

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b. Docket #259, 2632 (Notice and Motion to Admit Evidence Under F.R.E. 807 [October 20, 1999 Letter of William Sablan] & Supplement to Pending Motions [April 7, 2000 Letter of William Sablan]); c. Docket #250, 2632 (Motion in Limine to Preclude Evidence of Character and Extrinsic Acts & Supplement to Pending Motions) The Supplement to Pending Motions raises an additional issue regarding references to Rudy Sablan as a violent or dangerous person; d. Docket #254 (Motion in Limine to Admit Evidence of Character and Habit Regarding Joey Estrella) Defendant indicated in his Supplement to Pending Motions that prior to the December hearings he will file a written proffer and supplemental brief regarding the admissibility of certain acts under F.R.E. 404(b) and 406 within the guidelines established by the Court in its Order of January 17, 2006, Docket #1655. Respectfully submitted this 13th day of November, 2007, 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 4 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

Case 1:00-cr-00531-WYD

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CERTIFICATE OF SERVICE I hereby certify that on this 13th day of November, 2007, I electronically filed the foregoing GOVERNMENT'S UNOPPOSED PROPOSED AGENDA FOR DECEMBER 2007 HEARINGS 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) 454-0insert extension Fax: (303) 454-0403 E-mail address: [email protected]

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