Free Status Report - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2634

Filed 10/12/2007

Page 1 of 3

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.

STATUS REPORT­ AGREEMENT OF PARTIES REGARDING PRIOR RULINGS OF COURT

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, files this status report to advise the Court that government and defense counsel have conferred and have agreed to the following procedural matters rather than filing renewed motions in limine: 1. Defense counsel for Rudy Sablan agree to abide by the procedures set out in the Court's Order of January 4, 2007, Document 2121, for the trial of William Sablan with regard to the use of the Federal Bureau of Prison's After-Action Report. The Court, in response to the government's Motion in Limine (Doc. 2077), ruled that a proffer of admissibility must be made outside the presence of the jury before the Report can be admitted into evidence. The Court further ruled that "no reference to this after-action

Case 1:00-cr-00531-WYD

Document 2634

Filed 10/12/2007

Page 2 of 3

report shall be made in opening statements." Doc. 2121 at 2. 2. Defense counsel for Rudy Sablan also have no objection to the Court's Order (Document 2121) granting the Government's Motion to Divide Witness Testimony (Doc. 2082). The government intends to present the testimony of John Oliver in two parts, interrupted by foundational testimony. 3. Further, although defense counsel for Rudy Sablan intend to challenge the admissibility of the videotape of the defendants inside the cell, they agree that if it is admitted, they have no objection to and request no further findings regarding the admissibility of the statements made by William Sablan in the video.

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

2

Case 1:00-cr-00531-WYD

Document 2634

Filed 10/12/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 12th day of October, 2007, I electronically filed the foregoing STATUS REPORT­ AGREEMENT OF PARTIES REGARDING PRIOR RULINGS OF COURT 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]

3