Free Motion in Limine - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2079

Filed 12/18/2006

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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 IN LIMINE TO EXCLUDE CHARACTER AND HABIT EVIDENCE REGARDING JOEY ESTRELLA

Plaintiff, the United States of America (hereinafter "the government") respectfully moves in limine to preclude the defendant 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. In said Order, this Court ruled 1 that if the defendant seeks to introduce evidence that Estrella was the aggressor in order to substantiate his self-defense claim, the prosecution may offer contrary evidence. See Order at 3, citing Perrin v. Anderson 784 F.2d at 1044. The Court also ruled that
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Although this Order was entered subsequent to the filing of co-defendant Rudy Sablan's Motion in Limine to Admit Evidence of Character and Habit Regarding Joey Estrella and the government's response in opposition thereto, the issue and ruling as to William Sablan is equally relevant and applicable. -1-

Case 1:00-cr-00531-WYD

Document 2079

Filed 12/18/2006

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evidence of Estrella's violent propensities is admissible under Rule 404(a)(2) only "if there is evidence that supports the self-defense theory." Such character evidence, however, must be offered only by way of reputation or by testimony in the form of opinion; specific instances of conduct are not admissible under Rules 404(a) and 405. Order at 4. If the defendant seeks to rely on Rule 404(b) for admission of evidence concerning Estrella's prior acts of violence, this Court noted that the defendant "would have to show how any prior acts of violence by Estrella are `relevant to an issue in the case by articulating precisely the evidentiary hypothesis by which a fact of consequence must be inferred from the evidence of other acts.'" Order at 7, quoting United States v. Harrison, 942 F.2d 751, 759 (10 th Cir. 1991) (internal quotations omitted). Defendant would also be required to show "a clear and logical connection between the earlier acts and the incident in question." Id. This Court also noted that the defendant may need to show that he had knowledge of Estrella's violent character and his specific acts of violence before he could introduce such evidence. Id. at 8, citing United States v. Burks, 470 F.2d 432, 434-35 (D.C. Cir. 1972). The Court observed that the Tenth Circuit takes a dim view of such evidence, finding that it would be prejudicial in many instances. Id. This Court deferred ruling on whether the defendant could meet the requirements under Fed.R.Evid. 406 for the introduction of habit evidence: "I find it improbable that

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Case 1:00-cr-00531-WYD

Document 2079

Filed 12/18/2006

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Defendant will be able to show that the specific acts of violence sought to be admitted rose to the level of habit, i.e., that Estrella regularly dealt with inmates (or guards) with violence." Accordingly, the government moves in limine to preclude any evidence of Estrella's character and propensity for violence outside of the parameters that this Court set forth in its Order dated January 17, 2006. 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 2079

Filed 12/18/2006

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CERTIFICATE OF SERVICE I hereby certify that on this __th day of December, 2006, I electronically filed the foregoing GOVERNMENT'S MOTION IN LIMINE TO EXCLUDE CHARACTER AND HABIT EVIDENCE REGARDING JOEY ESTRELLA 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/ 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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