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

Case 1:00-cr-00531-WYD

Document 2635

Filed 10/12/2007

Page 1 of 4

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 MOTION TO AMEND THE THIRD AMENDED NOTICE OF INTENT TO SEEK THE DEATH PENALTY FOR RUDY SABLAN

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 Court allow the government to amend its Third Amended Notice of Intent to Seek the Death Penalty for Rudy Sablan (Third NOI) to add the additional non-statutory aggravating factor of Victim Impact. The government makes this request for the following reasons: 1. Title 18, United States Code, Section 3593 (a) (2) specifically allows for the inclusion of victim impact factors in the government's notice of intent to seek the death penalty. The statute provides in pertinent part: The factors for which notice is provided under this subsection may include factors concerning the effect of the offense on the victim and the victim's family, and may include oral testimony, a victim impact statement that identifies the victim of the

Case 1:00-cr-00531-WYD

Document 2635

Filed 10/12/2007

Page 2 of 4

offense and the extent and scope of the injury and loss suffered by the victim and the victim's family, and any other relevant information. 2. During the trial of William Sablan, members of Joey Estrella's family expressed a desire to have the option of participating in the sentencing process and to have an opportunity to describe their loss in some fashion. At the time he was killed, October 10, 1999, Mr. Estrella had only six months left to serve on his sentence, and so the timing of his death was particularly difficult for his family. 3. The Defendant's trial is set to begin on March 17, 2008. 4. It is the understanding of the government that Defendant's counsel or an investigator has already had an opportunity to interview members of Mr. Estrella's family, and the government will provide discovery of any materials provided by the family. 5. Under these circumstances, the defendant will not be prejudiced by the granting of the government's motion. 6. Counsel for the government has been advised by Forrest Lewis, counsel for the Defendant, that he opposes this motion. Wherefore, for the reasons stated above, the government respectfully requests that the Court find that good cause has been shown to amend the Third NOI and to allow the filing of the Fourth NOI, attached hereto.

2

Case 1:00-cr-00531-WYD

Document 2635

Filed 10/12/2007

Page 3 of 4

Respectfully submitted this 12 th day of October, 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 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

3

Case 1:00-cr-00531-WYD

Document 2635

Filed 10/12/2007

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on this 12th day of October, 2007, I electronically filed the foregoing GOVERNMENT'S MOTION TO AMEND THE THIRD AMENDED NOTICE TO SEEK THE DEATH PENALTY FOR RUDY SABLAN 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

By: s/ Veronica Ortiz VERONICA ORTIZ Legal Assistant 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Facsimile: (303) 454-0403 E-mail: [email protected]

4