Free Motion to Produce - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 1682

Filed 02/13/2006

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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 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] __________________________________________________________________ Defendant William Sablan ("William"), through undersigned courtappointed counsel, respectfully requests the Court to order the government to produce the documentary evidence and written proffers of the witnesses testimony upon which it intends to rely to establish the incidents listed in support of its nonstatutory aggravating factor of future dangerousness. As grounds, counsel state: 1. Nonstatutory aggravating factors have great significance under the

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Case 1:00-cr-00531-WYD

Document 1682

Filed 02/13/2006

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Federal Death Penalty Act, ("FDPA"). As a result, they may be submitted to the jury only "after appropriate judicial scrutiny." United States v. Friend, 92 F.Supp.2d 534, 541 (E.D. Va. 2000). (See Wm Memorandum Brief at 1-2). 2. In this case, the government has alleged future dangerousness as a nonstatutory aggravating factor. In support of that factor, it has listed multiple incidents occurring both inside and outside of institutional settings. 3. This Court has wisely set aside three weeks in May, 2006 to address penalty phase issues in this case to enable a speedier transition from the guilt/innocence phase to the penalty phase, if William is convicted of first-degree murder. Prior to that May hearing, however, the Court should require the government to produce to the Court and the defense the documentary evidence and written proffers of the witness testimony it intends to use to establish the listed incidents. This will enable the Court to review and evaluate the nonstatutory factor and the evidence in support thereof for relevancy, reliability, and unfair prejudice prior to the hearing, and to then consider the arguments of the parties at the hearing. This procedure would take much less time than having three weeks of "mini-trials" regarding the incidents. 4. Other federal district courts have followed similar procedures. See United States v. O'Driscoll, 250 F. Supp.2d 432 (M.D. Pa. 2002) (considering
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Case 1:00-cr-00531-WYD

Document 1682

Filed 02/13/2006

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pretrial the government's proffered documentary and videotape evidence in support of nonstatutory aggravating factor); Friend, 92 F.Supp.2d at 535 (striking a nonstatutory aggravating factor after ordering and considering the government's pretrial proffer of its evidentiary basis); United States v. Davis, 912 F.Supp. 938, 949 (E.D. La. 1996) (ordering pretrial hearing on the admissibility of the information the government intends to introduce in support of nonstatutory aggravating factors, so court could assess its reliability and evaluate the time and complexity involved in their presentation). WHEREFORE, William respectfully requests that in advance of the May hearing, the Court order the government to produce to the Court and the defense the documentary evidence and written proffers of the witness testimony upon which it intends to rely to establish the incidents listed in support of future dangerousness. 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
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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 1682

Filed 02/13/2006

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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 February 13, 2006, I electronically filed the foregoing 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] 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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