Free Motion in Limine - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2071

Filed 12/18/2006

Page 1 of 3

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 SABLAN, Defendant. MOTION IN LIMINE TO EXCLUDE IMPROPER OPINION EVIDENCE William Sablan, through court-appointed counsel, moves in limine for an Order excluding improper opinion evidence that Joey Estrella was "murdered". Motion, Mr. Sablan states as follows: 1. Mr. Sablan is charged with Murder in the First Degree of Joey Estrella. Mr. As grounds for this

Sablan has pleaded not guilty. A trial is scheduled at which a jury will be asked to decide, inter alia, if in fact Joey Estrella was "murdered". 2. In this case government witnesses have testified that Estrella was "murdered".

For example, during grand jury proceedings FBI Special Agent Martin Daniell testified that "the murder of Joey Estrella occurred on October 10th of 1999." Grand Jury Transcript, August 22, 2000, p. 6. 3. Testimony that Joey Estrella was "murdered" is improper opinion evidence.

Whether or not Estrella was "murdered" is an issue for the jury to decide and is not a proper issue for opinion. The word "murder" is a term of art and carries a specific legal meaning.

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Case 1:00-cr-00531-WYD

Document 2071

Filed 12/18/2006

Page 2 of 3

Further, a conviction for the crime of "murder" carries drastic sentencing consequences. Government witnesses should not be permitted to express an opinion that Estrella was "murdered". Witnesses should be directed to refrain from the use of the word "murder" and instead use the more accurate and less inflammatory word "homicide". Homicide, that is "the killing of one person by another", is the proper term until such time as a jury determines that Estrella was "murdered". WHEREFORE, based on the foregoing William Sablan requests that the Court enter an Order directing government witnesses to refrain from testifying that Joey Estrella was "murdered". Dated: December 18, 2006 Respectfully submitted, /s/ Patrick J. Burke Patrick J. Burke Patrick J. Burke, P.C. 1660 Wynkoop Street, Ste 810 Denver, CO 80202 (303) 825-3050 Nathan Chambers Chambers, Dansky & Mulvahill 1601 Blake Street, #300 Denver, CO 80202 (303) 825-2222 Susan L. Foreman 1660 Wynkoop Street, Ste 810 Denver, Colorado 80202 (303) 825-3050 CERTIFICATE OF SERVICE I hereby certify that on this 18th day of December, 2006 a true and correct copy of the above, MOTION IN LIMINE TO EXCLUDE IMPROPER OPINION EVIDENCE was filed with 2

Case 1:00-cr-00531-WYD

Document 2071

Filed 12/18/2006

Page 3 of 3

the Clerk of the Court using the CM/ECF system and was served via electronic mail to the following: Brenda Taylor ([email protected]) Phil Brimmer ([email protected]) /s/ Jennifer Feldman

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