Free Motion in Limine - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2082

Filed 12/18/2006

Page 1 of 3

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

GOVERNMENT'S MOTION TO DIVIDE WITNESS TESTIMONY

Plaintiff, the United States of America (hereinafter "the government") respectfully requests that it be allowed to divide or split some of its witnesses' testimony during trial to facilitate the orderly presentation of evidence. "The mode and order of interrogation and presentation of evidence are matters placed within the discretion of the trial court." United States v. Jackson, 549 F.2d 517, 528 (8 th Cir. 1977). Specifically, Rule 611(a) of the Federal Rules of Evidence provides a district court discretion in managing the conduct of a trial: "The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to (1) make the interrogation and presentation effective for the ascertainment of the truth, (2) avoid needless consumption -1-

Case 1:00-cr-00531-WYD

Document 2082

Filed 12/18/2006

Page 2 of 3

of time, and (3) protect witnesses from harassment or undue embarrassment." Although the presentation of evidence in the manner the government proposes is somewhat unusual, in Jackson, the Eighth Circuit held that there was no abuse of discretion in permitting the government to present its evidence chronologically through the repeated recall of an undercover agent. 549 F.2d at 528-29. In fact, the court commended this procedure "as one way to clearly present an organized factual recital in an extended conspiracy trial." In this case, the government will make every effort to avoid the possibility that the division of testimony becomes so piecemeal as to confuse rather than clarify matters. Respectfully submitted, 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) 454-0406 E-mail address: [email protected] Attorney for Government

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Case 1:00-cr-00531-WYD

Document 2082

Filed 12/18/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this _ 18th_th day of December, 2006, I electronically filed the foregoing GOVERNMENT'S MOTION TO DIVIDE WITNESS TESTIMONY 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]

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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