Free Status Report - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2629

Filed 10/05/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 00-cr-00531-WYD-2 UNITED STATES OF AMERICA, Plaintiff, v. 2. RUDY CABRERA SABLAN, Defendant.

GOVERNMENT'S STATUS REPORT REGARDING PRIVILEGED DOCUMENTS

The United States of America, by Troy A. Eid, United States Attorney for the District of Colorado, through Brenda Taylor and Philip A. Brimmer, Assistant United States Attorneys, state the following regarding the government's position on the production of privileged documents regarding William Sablan's mental health. 1. In its Amended Case Management Order of September 24, 2007, the Court ordered the government to state its position regarding the production of documents that are responsive to Rudy Sablan's discovery motions (docket numbers 1534 and 1660). These discovery motions request documents regarding William Sablan's mental health that are in the government's possession. 2. The government has conferred with William Sablan's counsel regarding this matter. The government has also conferred with Rudy Sablan's counsel.

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3. William Sablan's counsel claims a privilege as to the following documents: (a) 30471-30472, Letter to Warden from Katz, 4/12/01 (b) 30479, E-mails between Katz and Grundy, 3/23/01 (c) 30481, Letter to Warden from Katz, 3/22/01 (d) 30486, Letter to Warden from Katz, 3/14/01 (e) 30488, Letter to Warden from Katz, 3/13/01 (f) 30493, Letter to Warden from Katz, 3/12/01 (g) 30512, Letter to Kent from Katz (h) 30513, Letter to Kent from Katz (I) 30625, Letter to Warden, 3/23/00 (j) 30918, Letter to Warden from Katz, 8/18/01 (k) 30932, Letter to Warden from Katz, 6/11/01 (l) 30935, Letter to Warden from Katz, 6/18/01 (m) 31265-31267, Letter re: William to Katz from Warden, 5/11/01 (n) 31268-31270, Letter re: William to Warden from Katz, 5/4/01 (o) 31819, 31825, Letter to ADX from Pat Burke, 3/6/03 (p) 31972-31974, Letter to ADX from Pat Burke, 3/6/03 (q) BLANK, Letter re: Unredacted Documents from Burke to Synsvoll, 10/21/02 (r) 32190, Letter re: Competency Evaluation from Synsvoll to Burke (s) BLANK, Letter re: Psychology Records from Synsvoll to Burke (t) 32574, Letter from Burke to Warden Hood (u) 32652, Letter from Burke to Simmons, 8/11/04 (v) BLANK, Letter re: William's Prison Records to Burke from Synsvoll 10/2/05 4. The government understands that William Sablan is not claiming a privilege as to any other documents for which he has previously claimed a privilege because such documents or the contents of such documents were disclosed at William Sablan's trial. As a result, the government's position is that the Court grant Rudy Sablan's discovery requests and allow the government to produce the documents as to which there is no longer any privilege claim. 5. Regarding the documents listed in Paragraph 3 above, the government believes that document 32190 [subparagraph (r)] concerns competency issues and should not be 2

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produced pursuant to the Court's prior rulings. Similarly, those portions of document 32574 [subparagraph (t)] dealing with competency should be redacted before the remainder of the document is produced. 6. The undersigned attorneys for the United States have not viewed or been given copies of the documents listed in paragraph 3 above marked "BLANK." (The documents are marked "blank" because they do not have a Bates stamp number.) Rather, such documents are in the possession of the Bureau of Prisons. Because the United States is not familiar with the content of these documents, the United States does not have a position regarding whether or not they should be produced to counsel for Rudy Sablan. If the Court requests, counsel for William Sablan can provide copies of these documents to the Court for in camera inspection. Counsel for Rudy Sablan and William Sablan agree with this procedure. 7. The government believes that the remainder of the documents listed in paragraph 3 above, with the exception of the documents marked "BLANK," should be produced. 8. The government will submit, ex parte, a copy of all of the documents listed in paragraph 3 above, with the exception of the three marked "BLANK," for the Court's in camera review. Counsel for both William Sablan and Rudy Sablan agree with this procedure for allowing the Court to review the documents.

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9. As a means of resolving the privilege claims concerning the documents listed in paragraph 3 above, the government suggests that the Court set a hearing which counsel for William Sablan may attend. Counsel for William Sablan would then have an opportunity to argue on behalf of a document's privileged status.

Respectfully submitted this 5th 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) 454-0403 E-mail address: [email protected] Attorney for Government

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CERTIFICATE OF SERVICE I hereby certify that on this 5th day of October, 2007, I electronically filed the foregoing GOVERNMENT'S STATUS REPORT REGARDING PRIVILEGED DOCUMENTS with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:

Attorneys for Rudy Sablan Donald R. Knight [email protected] Forrest W. Lewis [email protected]

By: s/ Janet D. Zinser JANET D. ZINSER Supervisory Legal Assistant 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0327 Facsimile: (303) 454-0403 E-mail: [email protected]

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