Free Supplement - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2632

Filed 10/12/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Case No. 00-cr-00531-WYD UNITED STATES OF AMERICA, Plaintiff, v. RUDY CABRERA SABLAN, et al. Defendant. ______________________________________________________________________________ SUPPLEMENT TO PENDING MOTIONS ______________________________________________________________________________ Rudy Sablan supplements his pending motions with the following: ! Docket #259 - Admissibility of William Sablan's October 29, 1999 Letter. This

document was offered by the government and admitted in William Sablan's trial (Exhibit 122) along with his letter to "Uncle Jack" dated April 7, 2000 (Exhibit 123). Both documents were used by the government, not only to argue for a murder conviction but to suggest that William should be put to death. The government, having vouched for their reliability in William's trial, cannot now claim that they are unreliable and inadmissible in Rudy's trial. This motion (R-20) is also supplemented to include Exhibit 123, the "Uncle Jack" letter. ! Docket #256 - Statements of William Sablan.

In-Cell Statements on the videotape: Rudy Sablan has agreed with the government that the in-cell statements of William Sablan on the videotape are admissible without further hearing or findings by the Court.

Case 1:00-cr-00531-WYD

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Out-of-Cell Statements: William Sablan was advised of his rights after he was removed from the cell and gave a statement to Agent Veltman. This statement was previously ruled voluntary by the Court and was admitted in William Sablan's trial. The advisement is Exhibit 106, the interview report was marked as 107. This statement is admissible under F.R.E. 803(2), 803(3), 804(b)(3), 807 and as res gestae. The government is not in a position to argue that this statement is unreliable, since they were its proponent in William's trial. The government deemed it reliable enough to use it to seek a death sentence. The May 2000 statements: At the time the original motion was filed, Lilly had been decided (and we discussed it) but Crawford had not. Rudy Sablan supplements this part of the motion with the obvious: Crawford precludes the admission of these statements. ! Docket #257 - Evidence of William Sablan's Mental Conditions.

We know from the evidence and verdicts in William Sablan's trial that his mental problems were found to have contributed greatly to the events in cell 124. It appears that Rudy Sablan's defense team will finally be given access to some of this material. We do not have it at this time. We anticipate a further supplement to this motion after it is received and reviewed. ! Docket #1914 - Government's Amended Proffer of Penalty Phase Evidence

Rudy Sablan requests notice, in advance of the December hearings, of any additional evidence the government may seek to present in support of the aggravating factors, statutory and non-statutory.

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!

Docket #250 - Motion In Limine.

During William Sablan's trial there were many references to Rudy Sablan as dangerous or violent. Both the government and counsel for William seemed content to allow these references at will. Of course, this category of evidence is inadmissible in Rudy's trial. The government should be directed to caution its witnesses accordingly. ! Estrella. Evidence admitted in William Sablan's trial supported a self-defense theory. The same evidence should be presented in Rudy Sablan's trial. The Court gave a self-defense jury instruction. Accordingly, Rudy Sablan intends to present evidence, by opinion or reputation of Mr. Estrella's character for aggressive, assaultive behavior, and particularly when intoxicated. Prior to the hearing, Mr. Sablan will file a written proffer and supplemental brief regarding the admissibility of certain acts under F.R.E. 404(b) and 406. This proffer will be within the guidelines established by the Court in its order of January 17, 2006, Docket #1655. Respectfully submitted, s/ Forrest W. Lewis 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] Attorneys for Defendant Rudy Sablan s/Donald R. Knight Donald R. Knight KNIGHT & MOSES, LLC 7852 S. Elati Street, Suite 201 Littleton, Colorado 80120 Telephone: (303) 797-1645 Facsimile: (303) 798-3872 E-mail: [email protected] Docket #254, 1655 - Motion In Limine Regarding Character and Habit of Mr.

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Case 1:00-cr-00531-WYD

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CERTIFICATE OF SERVICE I hereby certify that the foregoing SUPPLEMENT TO PENDING MOTIONS was electronically filed with the Clerk of the Court using the CM/ECF system on this 12th day of October, 2007, which will send notification of such filing to the to the following e-mail addresses: Brenda Taylor [email protected] Philip Brimmer [email protected]

s/Polly Ashley

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