Free Motion to Exclude - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 1690

Filed 02/13/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 00-CR-0531-D UNITED STATES OF AMERICA, Plaintiff, v. WILLIAM CONCEPCION SABLAN, RUDY CABRERA SABLAN, Defendants.
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William Sablan's Motion To Prohibit The Jury From Being Provided A Copy Of The Government's Notice Of Intent To Seek The Death Penalty For Use During Its Deliberations [Wm DP-23] __________________________________________________________________ Defendant William Sablan ("William"), through undersigned courtappointed counsel, respectfully requests the Court to prohibit submission of the government's Notice of Intent to Seek the Death Penalty ("NOI") to the jury during their deliberations. As grounds, counsel state: 1. The Federal Death Penalty Act ("FDPA") requires the government to file a notice stating the government's intent to seek the death penalty and setting forth the aggravating factors it proposes to prove as justifying a sentence of death. 18 U.S.C. § 3593(a). The statute does not contemplate the notice being given to the jury.
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Case 1:00-cr-00531-WYD

Document 1690

Filed 02/13/2006

Page 2 of 3

2. A NOI is very unlike an indictment. Indictments are limited to a recitation of alleged conduct and the statutory provisions it violates. In contrast, the NOI, particularly the one filed here, reads more like an argument in a brief than a straightforward charge. For example, under part B paragraph 2 the government cites cases to support its argument that serious physical abuse may be inflicted either before or after death for purposes of its alleged statutory aggravating factor "heinous or depraved manner of committing offense." As such, the NOI should not go to the jury. 3. The Court will instruct the jury as to the law and the government should be confined to oral argument as to the facts to which the law is to be applied. WHEREFORE, William requests this Court to forego giving the jury a copy of the NOI for use in its deliberations. Dated: February 13, 2006 Respectfully submitted, Patrick J. Burke Dean Neuwirth Burke & Neuwirth P.C. 1660 Wynkoop Street, Suite 810 Denver, CO 80202 303-825-3050 By: s/ Susan L. Foreman Susan L. Foreman
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Nathan Chambers Chambers, Dansky & Mulvahill 1601 Blake Street, Suite 300 Denver, CO 80202 303-825-2222

Case 1:00-cr-00531-WYD

Document 1690

Filed 02/13/2006

Page 3 of 3

1660 Wynkoop Street, Suite 810 Denver, CO 80202 303-825-3050 Counsel for William Sablan CERTIFICATE OF SERVICE I hereby certify that on February 13, 2006, I electronically filed the foregoing Motion To Prohibit The Jury From Being Provided A Copy Of The Government's Notice of Intent To Seek The Death Penalty For Use During Its Deliberations [Wm DP-23] 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

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