Free Response to Motion - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 1726

Filed 03/27/2006

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Case No. 00-cr-00531-WYD UNITED STATES OF AMERICA, Plaintiff, v. 1. WILLIAM CONCEPCION SABLAN, 2. RUDY CABRERA SABLAN, Defendants.

GOVERNMENT'S CONSOLIDATED RESPONSE TO: 1. William Sablan's Motion to Prohibit the Jury from Being Provided a Copy of the Government's Notice of Intent to Seek the Death Penalty for Use During its Deliberations [Wm DP-23] 2. Rudy Sablan's Motion in Limine Regarding Allegations of Future Dangerousness (R-54) (Phase III)

The United States of America, by William J. Leone, United States Attorney for the District of Colorado, and through Brenda K. Taylor and Philip A. Brimmer, Assistant U.S. Attorneys, responds to the above-referenced motions as follows. 1. Both defendants request an order prohibiting the jury from receiving the Government's Notice of Intent to Seek the Death Penalty (NOI) during deliberations. The Government has no objection to this request.

Case 1:00-cr-00531-WYD

Document 1726

Filed 03/27/2006

Page 2 of 4

2. In addition, Rudy Sablan's Motion characterizes Section C of the NOI, setting out the non-statutory aggravator of future dangerousness, as vague, overbroad and duplicitous. He then requests an order that "the language in ¶ C `including but not limited to' be stricken, and that the government be limited to evidence of and findings on specific acts for which notice has been constitutionally given, and which the Court has ruled admissible, to support the future dangerousness aggravator, if it is allowed to go to the jury at all." 3. Although the government disputes the defendant's characterization of Section C of the NOI is "vague, overbroad and duplicitous," it does not object to the striking of the words "including but not limited to" at ¶ C of the NOI. The government does, however, reserve the right to seek to further amend the NOI upon a showing of good cause. WHEREFORE, the government respectfully requests that the Court grant William Sablan's Motion to Prohibit the Jury From Being Provided a Copy of the Government's Notice of Intent to Seek the Death Penalty for Use During Its Deliberations [Wm DP-23] and Rudy Sablan's Motion In Limine Regarding Allegations of Future Dangerousness (R54) (Phase III).

2

Case 1:00-cr-00531-WYD

Document 1726

Filed 03/27/2006

Page 3 of 4

Respectfully submitted this 27 th day of March, 2006.

WILLIAM J. LEONE 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

3

Case 1:00-cr-00531-WYD

Document 1726

Filed 03/27/2006

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on this 27th day of March, 2006, I electronically filed the foregoing GOVERNMENT'S CONSOLIDATED RESPONSE TO: 1. William Sablan's Motion to Prohibit the Jury from Being Provided a Copy of the Government's Notice of Intent to Seek the Death Penalty for Use During its Deliberations [Wm DP-23] 2. Rudy Sablan's Motion in Limine Regarding Allegations of Future Dangerousness (R-54) (Phase III) 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]

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

Nathan Dale Chambers [email protected] [email protected]

Susan Lynn Foreman [email protected]

Dean Steven Neuwirth [email protected]

s/ Donna Summers DONNA SUMMERS Legal Assistant U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Phone (303) 454-0100 Fax (303) 454-0406 E-mail address [email protected]

4