Free Status Report - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2560

Filed 05/21/2007

Page 1 of 7

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 STATUS REPORT REGARDING DEFENDANT 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, herein files its status report as directed by the Court in its Order of May 11, 2007. A. INTRODUCTION The Court has requested the parties to file status reports addressing the following issues: 1. Identify motions which are either moot or pending only a ruling by the Court; 2. Identify additional motions, if any, to be filed and suggested deadlines for filing; 3. Identify additional issues which require briefing and/or argument and timing; 4. Trial scheduling issues, including proposed dates for trial after January 1, 2008. 5. Position of the government regarding the death penalty; 6. Identify any other issues.

Case 1:00-cr-00531-WYD

Document 2560

Filed 05/21/2007

Page 2 of 7

B. MOTIONS PENDING RULING BY THE COURT: 1. Docket #254, Motion in Limine to Admit Evidence of Character and Habit Regarding Joey Estrella. The Court has ruled on all issues except the F.R.E. Rule 404(b) issue. 2. Docket #1698, Motion to Preclude Expert Testimony on the Issue of Future Dangerousness. This motion has been denied "to the extent [the motion] seeks a per se rule that this testimony is not admissible." All remaining issues raised in the motion were deferred. Order of July 6, 2006, Docket # 1836, at 4-13. 3. Docket #1700, Motion in Limine Regarding the "Heinous or Depraved" Statutory Aggravating Factor. In denying this motion without prejudice, the Court noted that "I find that I must hear the evidence in context to determine if this aggravating factor is proper as to Rudy Sablan. In other words, I am not prepared as a matter of law to rule at this time that there is no evidence that could support this aggravating factor." Id. at 17-19. C. ADDITIONAL MOTIONS TO BE FILED 1. Applicability of Crawford: The government will file a motion asking the Court to reconsider its ruling regarding the applicability of Crawford to the selection phase of the penalty hearing based on new appellate authority, U.S. v. Fields, 483 F.3d 313 (5 th Cir.2007).

2

Case 1:00-cr-00531-WYD

Document 2560

Filed 05/21/2007

Page 3 of 7

2.

Notice of Intent: The government may file a motion to amend its Fourth Notice of Intent to Seek the Death Penalty to add victim impact as a nonstatutory aggravating factor.

3.

Expert Witnesses: The government will file a motion to allow supplemental designation of expert witnesses. In his Initial Disclosure of Expert Witnesses, filed on September 14, 2006, the defendant indicated a need and an intention to supplement his disclosure and to further identify specific expert witnesses at a time closer to trial. The government will need to do so as well.

4.

12.2 Notice: The defendant has not provided notice that he intends to offer expert evidence of a mental condition as required under Fed. R. Crim. P. 12.2. If that position has changed, the government requests that a deadline be set for the filing of such notice.

5.

Rule 16 Disclosure: On August 30, 2001, the defendant filed his Rule 16 Disclosure. The government will request production of those items listed in the original Disclosure and any additional evidence discoverable under Rule 16. C. MOTIONS PENDING ARGUMENT AND/OR BRIEFING

1. Statements of William Sablan: a. Argument: Docket #256, Motion in Limine re Statements of William

3

Case 1:00-cr-00531-WYD

Document 2560

Filed 05/21/2007

Page 4 of 7

Sablan; b. Argument: Docket #259, Notice and Motion to Admit Evidence Under F.R.E. 807­10/20/99 Letter; 2. Mental Health of William Sablan: a. Argument: Docket #257, Motion in Limine to Admit Evidence of William Sablan's Mental Conditions; b. Argument: Docket #1534 and # 1660, Motion for Discovery of Brady Material; c. Argument: Docket #1671, Motion for Hearing Regarding Review and Release of William Sablan's Mental Health Material; 3. Phase III Motions: a. Argument: Docket #1701, Motion in Limine Regarding Convictions and Incidents Alleged in Support of Non-Statutory Aggravating Factor of Future Dangerousness; b. Argument: Docket #1860, Rudy Sablan's Response to Government's Proffer of Penalty Phase Evidence; D. TRIAL SCHEDULE The trial of William Sablan, broken down into sections, required the following amount of time: 1. Jury Selection: 3 weeks, approximately 15 trial days;

4

Case 1:00-cr-00531-WYD

Document 2560

Filed 05/21/2007

Page 5 of 7

2. Guilt/Innocence Phase: approximately 7 trial days for the government's case and 4 days for the defense case; 1 day for closings and jury instructions and 3 days of deliberation, for a total of 15 days; 3. Penalty Phase: approximately 4 days for the government's case and 3 days for the defense case; 1 day for closings and jury instructions and 3 days for deliberation, for a total of 11 days. Therefore, the parties used a total of approximately 42 days to complete the trial. The parties have discussed the amount of time which will be needed for a trial of Rudy Sablan and agree that three months should be set aside by the Court. E. THE DEATH PENALTY The government does intend to continue to seek the death penalty against Rudy Sablan at this time. The verdict in William Sablan's case, that the jury could not decide unanimously between a sentence of life imprisonment and a sentence of death, does not preclude, on either moral or legal grounds, consideration of the death penalty for Rudy Sablan. F. SUGGESTED DEADLINES AND HEARING/TRIAL DATES The government suggests that the following deadlines be set: 1. Additional motions and any Rule 12.2 notice: 60 days from May 24, 2007; 2. Motion responses: 30 days from the filing of the motions;

5

Case 1:00-cr-00531-WYD

Document 2560

Filed 05/21/2007

Page 6 of 7

3. Hearings on all pending motions and evidentiary hearing for government penalty proffer: September 2007; 4. Supplemental Notice of Expert Witnesses: 90 days prior to trial; 5. Filing of trial and penalty phase witness lists, expert and non-expert, by both parties: 60 days prior to trial; 6. Trial date: mid to late February, 2008. G. MISCELLANEOUS It is the understanding of the government that Rudy Sablan is scheduled to complete the sentence he is currently serving on March 26, 2008. The Court should be advised that the issue of detention may arise at that time.

Respectfully submitted this 21 st day of May, 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

6

Case 1:00-cr-00531-WYD

Document 2560

Filed 05/21/2007

Page 7 of 7

CERTIFICATE OF SERVICE I hereby certify that on this 21st day of May, 2007, I electronically filed the foregoing GOVERNMENT'S STATUS REPORT REGARDING DEFENDANT 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: Attorneys for William Sablan Patrick J. Burke [email protected] Nathan Dale Chambers [email protected] [email protected] Susan Lynn Foreman [email protected] Attorneys for Rudy Sablan Forrest W. Lewis [email protected] Donald R. Knight [email protected]

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]

7