Free Motion for Leave to File - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 1723

Filed 03/27/2006

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 CONCEPCION SABLAN RUDY CABRERA SABLAN, Defendants. __________________________________________________________________ William Sablan's Second Motion For Permission To File An Additional Phase III Motion [Wm DP-28] __________________________________________________________________ William Sablan, ("William"), through undersigned court-appointed counsel, respectfully requests the Court to allow him to file Wm DP-29, an additional Phase III death penalty motion. As grounds, counsel state: 1. Pursuant to the Court's June 7, 2005, scheduling order, William was to file his Phase III motions ­ motions regarding the penalty phase ­ by February 13, 2006. 2. On February 13, 2006, William filed motions numbered 14 through 23. With the permission of the Court, he additionally filed motions numbered 24 and 25 on February 27, 2006 and motion 27 on March 21, 2006.
1

Case 1:00-cr-00531-WYD

Document 1723

Filed 03/27/2006

Page 2 of 3

3. Simultaneously with this motion, William is filing motion number 29. It includes essentially the same arguments and caselaw contained in Wm DP-20, which was filed on February 13, 2006 and which contests the use of convictions obtained in the local courts of the Commonwealth of the Northern Mariana Islands for purposes of the nonstatutory aggravating factor future dangerousness. In Wm DP-29, however, the arguments and caselaw are being applied to prior convictions underlying the government's alleged statutory aggravating factor. 4. Because the government received Wm DP-20 on February 13, 2006, and Wm DP-27, which parallels Wm DP-29, on March 21, 2006, it will not be unfairly prejudiced by the filing of Wm DP-29. Moreover, counsel have no objection to the Court's allowing the government until April 10, 2006 to respond. April 10th is the due date for the government's response to Wm DP-27. 5. Counsel apologize for not filing all motions simultaneously and want to assure the Court and government counsel that it is not their intent to delay matters. Rather their intent is to be as thorough as possible in this capital case. Because the hearing on Phase III motions is not until May 15, 2006, granting this motion will not delay the May hearing. WHEREFORE, William respectfully requests the Court's permission to file Wm DP-29.
2

Case 1:00-cr-00531-WYD

Document 1723

Filed 03/27/2006

Page 3 of 3

Dated: March 27, 2006 Respectfully submitted, Patrick J. Burke Nathan Chambers Dean Neuwirth Chambers, Dansky & Mulvahill Burke & Neuwirth P.C. 1601 Blake Street, Suite 300 1660 Wynkoo p Street, Suite 810 Denver, CO 80202 Denver, CO 80202 303-825-2222 303-825-3050 By: s/ Susan L. Foreman 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 March 27, 2006, I electronically filed the foregoing William Sablan's Second Motion For Permission To File An Additional Phase III Death Penalty Motion [Wm DP-28] 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] By: s/Susan L. Foreman
3