Free Response to Motion - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2096

Filed 12/28/2006

Page 1 of 3

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. WILLIAM CONCEPCION SABLAN, Defendant.

GOVERNMENT'S RESPONSE TO MOTION IN LIMINE TO EXCLUDE IMPROPER OPINION 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, submits the following response to the defendant's above-referenced motion in limine. The defendant asks the Court to order witnesses called by the government at the trial of this matter not to use the word "murder" in reference to the death of Joey Estrella. Citing no authority, he contends that such testimony would be improper opinion evidence and that witnesses should be directed to use the word "homicide" instead.

Case 1:00-cr-00531-WYD

Document 2096

Filed 12/28/2006

Page 2 of 3

The government objects to witnesses being "directed" to use certain words and not others based on the preferences of the defendant and his counsel. Further, it is impractical to expect the government to dictate the words which are used by witnesses during their testimony. The meaning of the word "murder" if used by a witness can also certainly be clarified on cross-examination. An order from the Court on this matter is unnecessary and would create an issue where there is none. WHEREFORE, the government asks the Court to deny the defendant's Motion in Limine to Exclude Improper Opinion Evidence. Respectfully submitted this 28 th day of December, 2006, TROY A. EID United States Attorney

BY: s/ Brenda K. Taylor BRENDA K. TAYLOR Assistant U.S. Attorney U.S. Attorney's Office 1225 17th 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 17th Street, Suite 700 Denver, Colorado 80202 Telephone (303)454-0100 FAX: (303) 454-0406 E-mail address: [email protected] Attorney for Government

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Case 1:00-cr-00531-WYD

Document 2096

Filed 12/28/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 28th day of December, 2006, I electronically filed the foregoing GOVERNMENT'S RESPONSE TO MOTION IN LIMINE TO EXCLUDE IMPROPER OPINION EVIDENCE 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] Nathan Dale Chambers [email protected] [email protected] Susan Lynn Foreman [email protected] Attorneys for Rudy Sablan Forrest W. Lewis [email protected] Donald R. Knight [email protected]

s/ Dorothy Burwell DOROTHY BURWELL Legal Assistant U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Phone (303) 454-0100 Fax (303) 454-0400 E-mail address [email protected]

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