Free Response to Motion - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2094

Filed 12/28/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 1:00-cr-00531-WYD UNITED STATES OF AMERICA, Plaintiff, v. WILLIAM CONCEPCION SABLAN, Defendant. ________________________________________________________________________ WILLIAM SABLAN'S RESPONSE TO THE GOVERNMENT'S MOTION IN LIMINE TO EXCLUDE CHARACTER AND HABIT EVIDENCE REGARDING JOEY ESTRELLA

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William Sablan, through court-appointed counsel, submits this response to the government's Motion in Limine to Exclude Character and Habit Evidence Regarding Joey Estrella. The government moved in limine for an Order precluding William Sablan from "introducing evidence concerning Joey Estrella's character and reputation for violence beyond the limitations set forth in this Court's Order dated January 17, 2006." The government correctly notes that the Court's Order of January 17, 2006 was entered in response to pleadings filed by Rudy Sablan. Nevertheless, William Sablan's counsel advise the Court that they are thoroughly familiar with the pleadings filed by Rudy Sablan on the issue of evidence of Joey Estrella's character and reputation for violence, the government's relevant responses, and the Court's Order of January 17, 2006. William Sablan does not dispute the Court's analysis of the evidentiary issues and agrees that the limitations as enunciated in the Court's Order of January 17, 2006 apply to the receipt of evidence in William's trial.

Case 1:00-cr-00531-WYD

Document 2094

Filed 12/28/2006

Page 2 of 2

Specifically, William Sablan, through counsel, agrees that if evidence of Joey Estrella's character and reputation for violence is offered, it will be offered pursuant to FRE 405(a). Further, defense counsel affirmatively state that they have no present intention of attempting to adduce evidence of specific instances of Mr. Estrella's conduct pursuant to FRE 405(b) or 404(b). If, during the course of trial, defense counsel decides to offer specific instances of conduct, defense counsel will provide advance notice to the Court and the United States Attorney before offering such evidence. Dated: December 28, 2006 Respectfully submitted, /s/ Patrick J. Burke Patrick J. Burke Patrick J. Burke P.C. 1660 Wynkoop Street, Suite 810 Denver, CO 80202 303-825-3050 Susan L. Foreman 1660 Wynkoop Street, Suite 810 Denver, CO 80202 303-825-3050 Counsel for William Sablan CERTIFICATE OF SERVICE I hereby certify that on December 28, 2006 I electronically filed the foregoing Response with the Clerk of the Court using the CM/EFC system which will send notification of such filing to the following e-mail addresses: [email protected] [email protected] [email protected] [email protected] /s/ Jennifer J. Feldman Nathan Chambers Chambers, Dansky & Mulvahill 1601 Blake Street, Suite 300 Denver, CO 80202 303-825-2222