Free Order on Motion in Limine - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2261

Filed 02/09/2007

Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Wiley Y. Daniel Criminal Case No. 00-cr-00531-WYD UNITED STATES OF AMERICA, Plaintiff, v. 1. WILLIAM CONCEPCION SABLAN Defendant. _____________________________________________________________________ ORDER _____________________________________________________________________ THIS MATTER came before the Court on January 30, 2007, on a hearing on William Sablan' Motion in Limine to Exclude Evidence of Post-Mortem Injuries (docket s # 2072). I first note that the parties indicated that they had reached a resolution as to a number of the items of evidence that were originally objected to. Thus, the motion in limine is moot as to those items. As to the items of evidence for which there is not an agreement, I find that evidence of post-mortem injuries may be admitted if for a proper purpose, even if the photos are gruesome. United States v. Treas-Wilson, 3 F.3d 1406, 1410 (10th Cir. 1993) (photographs that graphically depicted nature of the fatal wound were probative of defendant' state of mind), cert. denied, 510 U.S. 1064 (1994); United States v. s Soundingsides, 820 F.2d 1232, 1243 (10th Cir. 1987) (autopsy photographs had " considerable probative value not only in proving the nature of [the victim' injuries and s] the cause of her death, but also on the issue of malice aforethought" The photos or ).

Case 1:00-cr-00531-WYD

Document 2261

Filed 02/09/2007

Page 2 of 3

evidence may not, however, be flagrantly or deliberately grisly or hideous, cannot be unduly or designedly inflammatory, and cannot be introduced solely for what prejudicial effect they could produce. United States v. Naranjo, 710 F.2d 1465, 1468-69 (10th Cir. 1983). In other words, the photos cannot be so shocking or repulsive that they would necessarily elicit an emotional response from the jury. United States v. Souffront, 338 F.3d 809, 826 (7th Cir. 2003), cert. denied, 540 U.S. 1201 (2004). The Court must weigh the prejudice to the defendant from admission of the evidence against its probative value under FED. R. EVID. 403. Naranjo, 710 F.2d at 1469. " Unless trials are to be conducted on scenarios, on unreal facts tailored and sanitized for the occasion, the application of Rule 403 must be cautious and sparing." Id. I must also consider the cumulative nature of the photos. Soundingsides, 820 F.2d at 1243 (photos were not cumulative where they depict the body from different angles and vantage points when investigators first discovered the body and gave the jury a more complete understanding of the injuries). Turning to the evidence at issue in this motion, the motion is denied as to the request to exclude a DVD taken shortly after the murder that includes footage of William and Rudy Sablan in the cell with the body of Estrella and statements made by them. I find the DVD is probative at the guilt phase, as it may be relevant to the nature of Joey Estrella' injuries, Defendant' state of mind, and statements made by s s Defendant regarding the circumstances of the crime at issue. The evidence may also be relevant to the issue of self-defense, intoxication and Defendant' mental state. I s further find that while the evidence is prejudicial as the DVD is rather gruesome in -2-

Case 1:00-cr-00531-WYD

Document 2261

Filed 02/09/2007

Page 3 of 3

nature, the probative value of the evidence is substantial and outweighs the prejudicial impact. Finally, I note that defense counsel stated on the record that he offered a compromise to the Government wherein he would not object to admission of the DVD subject to an objection to the remaining disputed photographs showing post-mortem injuries of Estrella. Based on the foregoing, it is ORDERED that William Sablan' Motion in Limine to Exclude Evidence of Posts Mortem Injuries (# 2072) is DENIED as to the DVD sought to be shown by the Government and DEFERRED as to the remaining five (5) photos still in dispute. The Government shall refrain from referencing the disputed photographs before the jury. Admission of the photographs shall be addressed outside the presence of the jury. Dated: February 9, 2007 BY THE COURT:

s/ Wiley Y. Daniel Wiley Y. Daniel U. S. District Judge

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