Free Response to Motion - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 1711

Filed 02/28/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 00-cr-00531-WYD UNITED STATES OF AMERICA, Plaintiff, v. 1. WILLIAM CONCEPCION SABLAN, 2. RUDY CABRERA SABLAN, Defendants.

GOVERNMENT'S RESPONSE TO WILLIAM SABLAN'S MOTION FOR GOVERNMENT PRODUCTION OF DOCUMENTARY EVIDENCE AND PROFFERS OF TESTIMONY IT INTENDS TO INTRODUCE IN SUPPORT OF FUTURE DANGEROUSNESS SO THAT THE COURT CAN EVALUATE ITS RELEVANCY, RELIABILITY AND ITS PROBATIVE VALUE VERSUS ITS UNFAIR PREJUDICIAL VALUE [WM DP-15]

The United States of America, by William J. Leone, United States Attorney for the District of Colorado, through Brenda K. Taylor and Philip A. Brimmer, Assistant United States Attorneys, responds as follows to the above-referenced motion pursuant to the Court's Order of February 16, 2006. Background 1. The Court directed that Phase III motions related to evidentiary challenges to the death penalty be filed on or before February 13, 2006. Defendant William Sablan filed ten motions on that date and three additional motions on February 27, 2006, following the granting of his unopposed request for additional time.

Case 1:00-cr-00531-WYD

Document 1711

Filed 02/28/2006

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2. Defendant Rudy Sablan, following the granting of his unopposed request for additional time, filed six motions. 3. The deadline for government responses to these motions is set for March 27, 2006. 4. The Court issued a Minute Order on February 16, 2006, requiring the government to file a response to William Sablan's Motion for Government Production of Documentary Evidence and Proffers of Testimony it Intends to Introduce in Support of Future Dangerousness So the Court Can Evaluate Its Relevancy, Reliability and Its Probative Value Versus Its Unfair Prejudicial Impact [Wm DP-15] on or before February 28, 2006. Response The government objects to Defendant William Sablan's request. The defendant is not entitled to disclosure of this information, particularly at this juncture with a trial date not scheduled until January of 2007. The information which has already been provided in the Government's Notice of Intent to Seek the Death Penalty (NOI) and in discovery is sufficient to allow the defense to argue, and the Court to determine, the relevancy and probative value of the incidents listed in the NOI to a decision by the jury on the issue of death. See United States v. Davis, 912 F. Supp. 938, 945, FN 16 (E.D. La. 1996). The government respectfully requests that the issue of reliability of evidence to be offered by the government at the penalty phase be deferred until a time closer to trial. The government also respectfully requests leave of the Court to further address this

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Case 1:00-cr-00531-WYD

Document 1711

Filed 02/28/2006

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motion in its response to the other Phase III motions filed by both defendants, which is due on or before March 27, 2006.

Respectfully submitted this 21st day of December, 2005,

WILLIAM J. LEONE United States Attorney

BY: s/ Brenda K. Taylor BRENDA K. TAYLOR Assistant U.S. Attorney U.S. Attorney's Office 1225 17th 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 17th 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 1711

Filed 02/28/2006

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CERTIFICATE OF SERVICE I hereby certify that on this 28th day of February, 2006, I electronically filed the foregoing GOVERNMENT'S RESPONSE TO WILLIAM SABLAN'S MOTION FOR GOVERNMENT PRODUCTION OF DOCUMENTARY EVIDENCE AND PROFFERS OF TESTIMONY IT INTENDS TO INTRODUCE IN SUPPORT OF FUTURE DANGEROUSNESS SO THAT THE COURT CAN EVALUATE ITS RELEVANCY, RELIABILITY AND ITS PROBATIVE VALUE VERSUS ITS UNFAIR PREJUDICIAL VALUE [WM DP-15] 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 Donald R. Knight [email protected] Forrest W. Lewis [email protected]

Dean Steven Neuwirth [email protected]

s/ Donna Summers DONNA SUMMERS Legal Assistant U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Phone (303) 454-0100 Fax (303) 454-0406 E-mail address [email protected]

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