Free Motion Hearing - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2138

Filed 01/03/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WILEY Y. DANIEL ___________________________________________________________________________ Date: January 3, 2007 Courtroom Deputy: Robert R. Keech Court Reporter/ECR: Kara Spitler

Prob/Pret: Interpreter:

N/A N/A

___________________________________________________________________________ Criminal Case No. 00-cr-00531-WYD UNITED STATES OF AMERICA, Plaintiff, v. 1. WILLIAM CONCEPCION SABLAN, Defendant. ___________________________________________________________________________ COURTROOM MINUTES ___________________________________________________________________________ HEARING ON MOTIONS IN LIMINE 9:15 a.m. Court in Session - Defendant' presence waived s APPEARANCES OF COUNSEL. Jesse Torres is also present. Court' opening remarks regarding Jesse Torres who will be acting as an s interpreter at trial. 9:15 a.m. 9:17 a.m. No objection by Mr. Burke to Jesse Torres acting as an interpreter at trial. Jesse Torres is excused. Court' distributes proposed jury questionnaire to counsel. s Patrick J. Burke Nathan D. Chambers Counsel: Brenda K. Taylor Philip A. Brimmer

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Case 1:00-cr-00531-WYD

Document 2138

Filed 01/03/2007

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Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes Government' Motion for Psychiatric Exam (#2101 - 12/29/06) is raised for s argument. 9:21 a.m. 9:36 a.m. 9:36 a.m. 9:51 a.m. 10:03 a.m. ORDERED: 10:05 a.m. 10:32 a.m. ORDERED: Argument by Government (Mr. Brimmer). Argument by Defendant (Mr. Burke). Argument by Government (Mr. Brimmer). Argument by Defendant (Mr. Burke). Argument by Government (Mr. Brimmer). Government' Motion for Psychiatric Exam (#2101 - 12/29/06) is DENIED. s Court in Recess Court in Session Mr. Burke shall include his letters with his response to Government' Motion to s Strike Testimony of Late-Endorsed Defense Experts. Government' Motion for Leave to File Motion in Limine to Preclude Defendant s Family Impact Evidence (#2103 - 1/2/07) is GRANTED. Defendant shall file response to Government' Motion in Limine to Preclude s Defendant Family Impact Evidence. Defendant' Motion in Limine to Exclude Evidence of Post-Mortem Injuries s (#2072 - 12/18/06) is raised for argument. 10:37 a.m. Argument by Defendant (Mr. Chambers). Government' Motion in Limine to Exclude Character and Habit Evidence s Regarding Joey Estrella (#2079 - 12/18/06) is raised for argument. 10:39 a.m. 10:39 a.m. Argument by Defendant (Mr. Chambers). Argument by Government (Ms. Taylor).

ORDERED:

ORDERED:

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Case 1:00-cr-00531-WYD

Document 2138

Filed 01/03/2007

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Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes ORDERED: Government' Motion in Limine to Exclude Character and Habit Evidence s Regarding Joey Estrella (#2079 - 12/18/06) is GRANTED. Government' Motion in Limine to Preclude Proportionality Evidence and s Arguments (#2076 - 12/18/06) is raised for argument. 10:41 a.m. 10:42 a.m. ORDERED: Argument by Government (Mr. Brimmer). Argument by Defendant (Mr. Chambers). Government' Motion in Limine to Preclude Proportionality Evidence and s Arguments (#2076 - 12/18/06) is DENIED AS MOOT. Government' Motion in Limine to Preclude Use of After-Action Report (#2077 s 12/18/06) is raised for argument. 10:44 a.m. 10:48 a.m. 10:52 a.m. ORDERED: Argument by Defendant (Mr. Chambers). Argument by Government (Mr. Brimmer). Argument by Defendant (Mr. Chambers). Government' Motion in Limine to Preclude Use of After-Action Report (#2077 s 12/18/06) is DENIED WITHOUT PREJUDICE. No reference of the after-action report shall be made in opening statements. Defendant' Motion in Limine to Exclude Improper Opinion Evidence (#2071 s 12/18/06) is raised for argument. 10:55 a.m. 10:58 a.m. ORDERED: Argument by Defendant (Mr. Chambers). Argument by Government (Ms. Taylor). Defendant' Motion in Limine to Exclude Improper Opinion Evidence (#2071 s 12/18/06) is DENIED WITHOUT PREJUDICE. Government' Motion in Limine (#2073 - 12/18/06) is raised for argument. s 11:01 a.m. Argument by Defendant (Mr. Chambers). Burke).

ORDERED:

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Case 1:00-cr-00531-WYD

Document 2138

Filed 01/03/2007

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Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes ORDERED: Government' Motion in Limine (#2073 - 12/18/06) is GRANTED. s Government' Motion in Limine to Divide Witness Testimony (#2082 - 12/18/06) s is raised for argument. 11:02 a.m. ORDERED: Argument by Defendant (Mr. Chambers). Government' Motion in Limine to Divide Witness Testimony (#2082 - 12/18/06) s is GRANTED. Discussion regarding jury matters, witness lists and exhibit lists. Counsel shall submit revised exhibit lists, with maximum stipulation to the admissibility of exhibits, not later than Tuesday, January 16, 2007. Counsel shall arrive in the jury assembly on Thursday, January 11, 2007, at 8:45 a.m. Voir dire process will commence on Monday, January 22, 2007. Discussion regarding random selection of jurors who will need to appear for the start of jury selection on Monday, January 22, 2007 and the process for conducting voir dire. Court in Recess Court in Session Lowell Plooster from Automation and Joann Garcia, Jury Administrator, are also present. 2:22 p.m. Discussion regarding electronic submission of trial exhibits. Court' remarks regarding procedure for jury selection process. s ORDERED: A status conference and hearing on remaining motions in limine is set for Wednesday, January 17, 2007, at 1:30 p.m. Parties shall contact chambers to advise the Court of any potential jurors who they will seek to excuse not later than the morning of Wednesday, January 17, 2007. -4-

11:04 a.m. ORDERED:

ORDERED:

ORDERED: 11:37 a.m.

11:57 a.m. 2:22 p.m.

ORDERED:

Case 1:00-cr-00531-WYD

Document 2138

Filed 01/03/2007

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Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes 2:33 p.m. 2:56 p.m. ORDERED: Discussion regarding procedure for jury selection. Discussion regarding the Court' proposed jury questionnaire. s Parties shall meet and confer to come up with language for the jury that outlines the superseding indictment. Counsel shall meet and confer and submit preliminary jury instructions which the Court will read to jurors when they arrive to complete the jury questionnaire, not later than Wednesday, January 10, 2007. Court in Recess Court in Session Discussion regarding requests by prospective jurors to be excused. Court indicates which jurors will be excused. 4:18 p.m. Court in Recess - HEARING CONCLUDED

ORDERED:

3:40 p.m. 4:05 p.m.

CLERK' NOTE: EXHIBITS WERE RETURNED TO COUNSEL AT THE CONCLUSION OF S THE HEARING. TOTAL TIME: 3:46

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