Free Motion for Leave to File - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2103

Filed 01/02/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 00-cr-00531-WYD-1 UNITED STATES OF AMERICA, Plaintiff, v. 1. WILLIAM CONCEPCION SABLAN, Defendant.

GOVERNMENT'S MOTION FOR LEAVE TO FILE MOTION IN LIMINE TO PRECLUDE DEFENDANT FAMILY IMPACT EVIDENCE

The United States of America, by Troy A. Eid, United States Attorney for the District of Colorado, through Brenda Taylor and Philip A. Brimmer, Assistant United States Attorneys, moves the Court for leave to file its Motion in Limine to Preclude Defendant Family Impact Evidence. As grounds for this motion, the government states: 1. The Court set December 18, 2006, as the deadline for filing motions in limine. 2. On December 18, 2006, the defendant notified the government that he may call in the liability or penalty phase Dr. Frank Fortunati, a psychiatrist, who met with the defendant in 2003 and 2005. The government has previously received a four-page report of Dr. Fortunati dated September 8, 2003. However, on December 18, 2006, the government received two new reports by Dr. Fortunati, dated December 16, 2006. One report is three pages long and relates to meetings that Dr. Fortunati had with William

Case 1:00-cr-00531-WYD

Document 2103

Filed 01/02/2007

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Sablan in September 2005. The other report is 25 pages long and relates to William Sablan's children. Dr. Fortunati concludes this report by stating that the loss of the children's connection with their father would place the children at risk of psychiatric disorders and adversely affect the cognitive development of the younger children. 3. Until the government received the defendant's December 18, 2006 letter, the government did not have reason to believe that the defendant would attempt to introduce defendant family impact evidence during the trial. 4. The government received the defendant's notice of intent to call Dr. Fortunati on the subject of family impact evidence on the same day that motions in limine were due. It was not possible to comply with the Court's deadline for filing motions in limine given the defendant's late notice of Dr. Fortunati's opinions. The defendant was supposed to disclose expert witnesses on August 14, 2006. WHEREFORE the United States requests that it be allowed to file its Motion in Limine to preclude William Sablan from introducing evidence of the effect his execution would have on his family and from introducing evidence of his family's or friends' love and affection for him.

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Case 1:00-cr-00531-WYD

Document 2103

Filed 01/02/2007

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Respectfully submitted this

2nd

day of January, 2007.

TROY A. EID 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

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Case 1:00-cr-00531-WYD

Document 2103

Filed 01/02/2007

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on this 2nd day of January, 2007, I electronically filed the foregoing GOVERNMENT'S MOTION FOR LEAVE TO FILE MOTION IN LIMINE TO PRECLUDE DEFENDANT FAMILY IMPACT EVIDENCE with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following email addresses:

Attorneys for William Sablan Patrick J. Burke [email protected] Nathan Dale Chambers [email protected] [email protected] Susan Lynn Foreman [email protected]

s/ Janet D. Zinser JANET D. ZINSER Supervisory Legal Assistant U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Phone (303) 454-0100 Fax (303) 454-0403 E-mail address [email protected]

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