Free Motion for Hearing - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 1671

Filed 02/06/2006

Page 1 of 3

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. Defendants.

MOTION FOR HEARING REGARDING PROCEDURE FOR REVIEW AND RELEASE OF WILLIAM SABLAN'S MENTAL HEALTH MATERIAL (R-49)

Rudy Sablan requests a hearing to discuss the procedure for review and release of the coDefendant's mental health material, as more fully set forth herein. 1. Rudy Sablan filed a motion (R-47) for discovery of Brady material regarding

mental health records and documents in the possession of the government. The government responded that: William Sablan's mental state on October 10, 1999, is potentially exculpatory for Rudy Sablan, and therefore relevant to the liability phase of this case, and potentially relevant to the issue of Rudy Sablan's mitigation in any penalty phase. (Response, p. 3) The government took the position, however, that not all of the material regarding William's mental health issues is relevant to his mental condition on October 10, 1999. The government recommended a hearing "that excludes Rudy Sablan and his counsel to allow William Sablan's counsel to present arguments about what discovery should be released . . ." Id.

Case 1:00-cr-00531-WYD

Document 1671

Filed 02/06/2006

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2.

Rudy Sablan objects to this proposed ex parte communication between the co-

Defendant, the government and the Court regarding discovery that Rudy has requested and is constitutionally entitled to. This issue was discussed in the motions hearing in December and Rudy voiced his objection to the proposed ex parte hearing. The Court made no orders regarding this issue, but ordered the government to file all material in its possession that relates to William Sablan's mental health, mental conditions or state of mind with the Court on or before January 30, 2006. The government was ordered to file a chronological index. 3. Rudy Sablan has been so completely excluded from these proceedings that he

does not know whether the material was filed or not. He does not know whether the government or the co-Defendant have filed written responses or whether an ex parte hearing is scheduled or has already occurred. This exclusion is a violation of Rudy's right to due process of law. 4. As suggested in the December hearings, Rudy Sablan is prepared to suggest an

independent psychiatrist to assist the Court in its review and evidentiary evaluation of the material if it has been filed. Rudy Sablan does not oppose reasonable procedures which protect William's rights in this material while allowing Rudy access to evidence to which he is constitutionally entitled. This balance cannot be achieved, however, by excluding Rudy from the process. Rudy and his counsel are in the best position to understand and explain why this material is relevant and essential to Rudy's defense. WHEREFORE, Rudy Sablan requests a hearing in which no one is excluded, to discuss reasonable, constitutional procedures for the review and release of William Sablan's mental health material.

Case 1:00-cr-00531-WYD

Document 1671

Filed 02/06/2006

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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] CERTIFICATE OF SERVICE I hereby certify that the foregoing MOTION FOR HEARING REGARDING PROCEDURE FOR REVIEW AND RELEASE OF WILLIAM SABLAN'S MENTAL HEALTH MATERIAL (R-49) was electronically filed with the Clerk of the Court using the CM/ECF system on this 6th day of February, 2006, which will send notification of such filing to the to the following e-mail addresses: Brenda Taylor [email protected] Philip Brimmer [email protected] Michael Hegarty [email protected] Patrick J. Burke [email protected] Dean Neuwirth [email protected] Nathan D. Chambers [email protected] s/Polly Ashley Susan L. Foreman [email protected]