Free Notice (Other) - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2054

Filed 12/06/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 00-cr-00531-WYD-01 UNITED STATES OF AMERICA, Plaintiff, v. 1. WILLIAM CONCEPCION SABLAN, Defendant.

GOVERNMENT'S PROPOSED PROCEDURES FOR DISCLOSURE OF PRESENTENCE INVESTIGATION REPORTS FOR INMATE WITNESSES

The United States of America, by Troy A. Eid, United States Attorney for the District of Colorado, and through Brenda K. Taylor and Philip A. Brimmer, Assistant U.S. Attorneys, herein files its proposed procedures for the disclosure of pre-sentence investigation reports requested by defense counsel for William Sablan. 1. Defendant William Sablan's Second Motion for Additional Discovery (#576), filed on July 29, 2002, requesting disclosure of all pre-sentence reports and medical records for inmate witnesses, was granted by the Court on December 8, 2005 (#1618). 2. The Court ordered that "counsel shall meet and confer to establish a procedure for producing the requested inmate witnesses' medical records and Pre-sentence

Case 1:00-cr-00531-WYD

Document 2054

Filed 12/06/2006

Page 2 of 4

Investigation Reports." (#1618 at 1) The Court further ordered that "no records shall be produced until the Court approves the parties' proposed procedure." (Id.) 3. Government counsel and counsel for William Sablan have discussed this matter in the context of the recent submission of the parties' witness lists for trial. Counsel for William Sablan has requested the production of pre-sentence investigation reports for all inmate witnesses the government intends to call at trial. 4. The proposed procedure for disclosure, to which the parties agree, is as follows: a. Copies of the pre-sentence investigation reports shall be provided by the government to counsel for William Sablan on blue paper for ease of identification; b. Such disclosure shall be subject to the "Protective Order Regarding Disclosure of Documents by the Federal Bureau of Prisons to the Defense Teams" entered on July 18, 2001and any additional conditions as set out under these procedures; c. Pre-sentence investigation reports for witnesses shall not be disseminated to the defendants or others not associated with the defense teams unless and until appropriate redactions have been made by the Bureau of Prisons;

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Case 1:00-cr-00531-WYD

Document 2054

Filed 12/06/2006

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e. If it becomes necessary to use any of these pre-sentence investigation reports as exhibits in court proceedings in this case, such exhibits shall be placed under seal; and d. All copies of pre-sentence investigation reports for witnesses shall be returned to the government at the conclusion of the prosecution of William Sablan. WHEREFORE, the government, with the agreement of defense counsel for William Sablan, requests that the Court approve the proposed procedure and allow the disclosure of the pre-sentence investigation reports for current and former inmate witnesses called to testify in the trial of William Sablan. Respectfully submitted this TROY A. EID United States Attorney 6th day of December, 2006.

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 2054

Filed 12/06/2006

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CERTIFICATE OF SERVICE I hereby certify that on this 6th day of December, 2006, I electronically filed the foregoing GOVERNMENT'S UNOPPOSED PROPOSED PROCEDURES FOR DISCLOSURE OF PRE-SENTENCE INVESTIGATION REPORTS FOR INMATE WITNESSES 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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