Free Jury Trial - Death Penalty Phase - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2940

Filed 05/15/2008

Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WILEY Y. DANIEL

Date: May 15, 2008 Courtroom Deputy: Robert R. Keech Court Reporter/ECR: Kara Spitler

Prob/Pret: Interpreters:

N/A Pete Tenorio (a.m.) and Jesse Torres (p.m.)

Criminal Case No. 00-cr-00531-WYD UNITED STATES OF AMERICA, Plaintiff, v. 2. RUDY CABRERA SABLAN, Defendant.

Counsel: Brenda K. Taylor Philip A. Brimmer

Forrest W. Lewis Donald R. Knight

COURTROOM MINUTES

TRIAL TO JURY (DAY 32) 9:14 a.m. 9:17 a.m. Court in Session - Jury enters Defendant's witness Clifford Gene Black sworn. Direct examination by Defendant (Mr. Knight). 9:25 a.m. Cross examination by Government (Mr. Brimmer). EX ID: 235A, 235B. 235C Bench conference regarding objection by Defendant - DEFERRED. Jury excused Discussion regarding objection by Defendant - SUSTAINED -1-

9:31 a.m. 9:32 a.m.

Case 1:00-cr-00531-WYD

Document 2940

Filed 05/15/2008

Page 2 of 5

Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes 9:35 a.m. Jury enters Cross examination by Government (Mr. Brimmer). 9:36 a.m. Defendant's witness Paul Eugen Hennings sworn. Direct examination by Defendant (Mr. Knight). 9:47 a.m. 9:51 a.m. Cross examination by Government (Ms. Taylor). Defendant's witness Jimmy Gene Kelly sworn. Direct examination by Defendant (Mr. Knight). 10:07 a.m. 10:16 a.m. 10:18 a.m. Cross examination by Government (Ms. Taylor). Bench conference regarding objection by Defendant - DEFERRED. Jury excused Cross examination by Government continues (Ms. Taylor). 10:21 a.m. Argument by counsel. Objection by Defendant is SUSTAINED. 10:24 a.m. 10:56 a.m. Court in Recess Court in Session - Jury enters Defendant's witness Jimmy Gene Kelly resumes. Cross examination by Government continues (Ms. Taylor). 11:01 a.m. Defendant's witness Lino Sablan Tenorio sworn. Direct examination by Defendant (Mr. Lewis). EX ID: T 11:22 a.m. Cross examination by Government (Mr. Brimmer).

-2-

Case 1:00-cr-00531-WYD

Document 2940

Filed 05/15/2008

Page 3 of 5

Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes 11:24 a.m. Defendant's witness Bernadita Sablan sworn. Direct examination by Defendant (Mr. Lewis). EX ID: A-8, A-11, A-16, D-4, D-3, B-1 Exhibit/s A-8, A-11, D-4, D-3, B-1 RECEIVED. 11:45 a.m. Defendant's witness Polly Ashley sworn. Direct examination by Defendant (Mr. Lewis). EX ID: D-6, D-2, D-1 Exhibit/s D-6, D-2, D-1 RECEIVED. 12:00 p.m. Jury excused Court's remarks regarding starting jury instruction conference this afternoon. 12:01 p.m. 1:35 p.m. Court in Recess Court in Session - Jury not present Court's remarks that special verdict form will be modified and distributed to counsel. 1:39 p.m. Jury enters Defendant's witness Spencer Friedman sworn. Direct examination by Defendant (Mr. Lewis). EX ID: B-3 Exhibit/s B-3 RECEIVED. Witness tendered and accepted as an expert.

-3-

Case 1:00-cr-00531-WYD

Document 2940

Filed 05/15/2008

Page 4 of 5

Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes 2:23 p.m. Defendant's witness Irvin Saralu sworn. Direct examination by Defendant (Mr. Lewis). EX ID: T, A-11, A-13, A-15, C-5, D-3, D-5, B-2, B-3, C-3 Exhibit/s A-13, A-15, C-5, D-5, B-2, C-3 RECEIVED. 2:50 p.m. 2:52 p.m. 3:18 p.m. Bench conference regarding the possibility of Rudy Sablan testifying. Court in Recess Court in Session - Jury not present Statement by Defendant that Mr. Sablan will not testify (Mr. Lewis). 3:19 p.m. Discussion regarding scheduling issues, time limits for closing arguments, and jury instructions. Jury enters Defendant rests Government has no rebuttal evidence. 3:35 p.m. Jury excused until Monday, May 19, 2008, at 9:30 a.m. JURY INSTRUCTION CONFERENCE #1 #2 #3 through #12 #13 #14 #15 #16 #17 NO OBJECTION OBJECTION BY GOVERNMENT - OVERRULED NO OBJECTION COURT WILL MODIFY AND ADD JURY INSTRUCTION #12A OBJECTION BY GOVERNMENT - OVERRULED NO OBJECTION OBJECTION BY GOVERNMENT - OVERRULED OBJECTION BY GOVERNMENT - COURT WILL MODIFY BY AGREEMENT OF THE PARTIES NO OBJECTION

3:32 p.m.

No additional jury instructions from either side.

-4-

Case 1:00-cr-00531-WYD

Document 2940

Filed 05/15/2008

Page 5 of 5

Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes 3:58 p.m. Discussion regarding proposed special findings form. Court will modify special findings form. Defendant shall submit additional mitigating factors to add to jury instruction 13 not later than Friday, May 16, 2008, at 12:00 p.m. Defendant is REMANDED into the custody of the U.S. Marshal. Court in Recess - TRIAL CONTINUED

ORDERED:

ORDERED: 4:03 p.m.

TOTAL TIME: 3:01

-5-