Free Status Report - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2559

Filed 05/21/2007

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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. ______________________________________________________________________________ STATUS REPORT OF RUDY SABLAN ______________________________________________________________________________ Rudy Sablan submits the following status report regarding pending motions pursuant to the Court's order of May 11, 2007: Pending Phase I Motions 1. Motion In Limine to Admit Evidence of William Sablan's Mental Conditions (R18) (Docket #257). 2. Motion for Discovery of Brady Material (R-47) (Docket #1534) and Supplement (Docket #1660). 3. Motion for Hearing Regarding Review and Release of William Sablan's Mental Health Material (R-49) (Docket #1671). 4. Motion In Limine to Admit Evidence of Character and Habit Regarding Joey Estrella (R-15) (Docket #254). The F.R.E. 404(b) portion of this motion was deferred pending further hearing.

Case 1:00-cr-00531-WYD

Document 2559

Filed 05/21/2007

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5.

Motion In Limine Regarding Statements of William Sablan (R-17) (Docket #256).

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Notice and Motion to Admit Evidence Under F.R.E. 807 (R-20) (Docket #259). Phase II Motions

None pending from Rudy Sablan. Phase III Motions 1. Motion to Preclude Expert Testimony on the Issue of Future Dangerousness (R50) (Docket #1698) denied in part and deferred in part. 2. Motion In Limine Regarding the "Heinous or Depraved" Statutory Aggravating Factor (R-52) (Docket #1700) (denied without prejudice). 3. Motion In Limine Regarding Convictions and Incidents Alleged in Support of Non-Statutory Aggravating Factor of Future Dangerousness (R-53) (Docket #1701). 4. Rudy Sablan's Response to Government's Proffer of Penalty Phase Evidence (R58) (Docket #1860). None of these motions are moot, in Mr. Sablan's opinion. Additional Motions Rudy Sablan anticipates filing additional evidentiary (Phase I) motions after his review of the William Sablan trial transcripts is completed. Mr. Sablan may also move to supplement previously filed motions based on review of the trial transcripts and the Court's rulings on motions filed by William Sablan and the government. Mr. Sablan is currently researching a

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Case 1:00-cr-00531-WYD

Document 2559

Filed 05/21/2007

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motion to preclude consideration of the death penalty as a matter of law (Phase II) based on the life verdict as to William Sablan. Rudy is researching a supplement to R-52 (Docket #1700) based on William Sablan trial transcripts. He will file a motion seeking leave to contact and interview William Sablan jurors. Additional motions in limine are anticipated on many issues. Because of the publicity regarding William Sablan's trial, Rudy is researching and investigating venue issues. Additional Issues to be Briefed Rudy Sablan requests 60 days in which to file a supplemental brief regarding penalty phase evidentiary issues. Trial Scheduling Issues Rudy Sablan anticipates a 12-week trial and suggests a date in mid or late February 2008 for commencement of the trial. The Government's Intention Regarding the Death Penalty Rudy Sablan believes the government cannot, in good faith and conscience, continue to seek the death penalty against him in the face of the life sentence imposed on William Sablan. Counsel for Rudy Sablan requests adequate time to discuss this issue not only with local government counsel but with the Capital Crimes Section of the Department of Justice in Washington. The decision to seek death as to Rudy should be revisited and reversed based on many factors not present seven years ago when the decision was made. The most compelling is the life verdict for William but that is not the only factor which should be addressed. Other Issues Rudy Sablan is not aware of other issues at this time.

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Case 1:00-cr-00531-WYD

Document 2559

Filed 05/21/2007

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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] 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] Attorneys for Defendant Rudy Sablan CERTIFICATE OF SERVICE I hereby certify that the foregoing was STATUS REPORT OF RUDY SABLAN electronically filed with the Clerk of the Court using the CM/ECF system on this 21st day of May, 2006, 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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