Free Order on Motion to Amend/Correct - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2936

Filed 05/12/2008

Page 1 of 4

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

Date: May 12, 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 29) 9:14 a.m. Court in Session - Jury not present Defendant's Motion in Limine Regarding Victim Impact Evidence (#2915 - 5/9/08) is raised for argument. 9:15 a.m. 9:18 a.m. ORDERED: Argument by Defendant (Mr. Lewis). Argument by Government (Ms. Taylor). Defendant's Motion in Limine Regarding Victim Impact Evidence (#2915 - 5/9/08) is DEFERRED. Government's Motion to Amend the Fourth Amended Notice of Intent to Seek the Death Penalty for Rudy Sablan (#2912 - 5/9/08) is raised for argument. -1-

Case 1:00-cr-00531-WYD

Document 2936

Filed 05/12/2008

Page 2 of 4

Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes 9:22 a.m. 9:24 a.m. ORDERED: Argument by Government (Mr. Brimmer). Argument by Defendant (Mr. Lewis). Government's Motion to Amend the Fourth Amended Notice of Intent to Seek the Death Penalty for Rudy Sablan (#2912 - 5/9/08) is TAKEN UNDER ADVISEMENT. Defendant shall respond to Government's Motion to Amend the Fourth Amended Notice of Intent to Seek the Death Penalty for Rudy Sablan not later than Tuesday, May 13, 2008, at 12:00 p.m. Discussion regarding issues related to mitigating factor of co-defendant receiving a life sentence in this case and potential problems with inmate witness testimony. Statement by Government regarding withdrawal of BOP incident 511205 from June 9, 1997 from the Notice of Intent to Seek the Death Penalty for Rudy Sablan (Ms. Taylor). Three incidents outlined on the record are withdrawn from the Notice of Intent to Seek the Death Penalty for Rudy Sablan. Discussion regarding schedule of witnesses for the week. Any additional material that counsel desire the Court to consider shall be submitted not later than Tuesday, May 13, 2008. Court in Recess Court in Session - Jury not present Discussion regarding preliminary jury instructions for penalty phase. 10:23 a.m. Jury enters Court reads preliminary jury instructions for penalty phase. 10:29 a.m. 10:45 a.m. Opening statement by Government (Ms. Taylor). Opening statement by Defendant (Mr. Lewis).

ORDERED:

9:31 a.m.

9:42 a.m.

ORDERED:

9:46 a.m. ORDERED:

9:51 a.m. 10:16 a.m.

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Case 1:00-cr-00531-WYD

Document 2936

Filed 05/12/2008

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Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes 10:54 a.m. Government's witness Christopher Michael Jensen sworn. Direct examination by Government (Ms. Taylor). 11:02 a.m. 11:04 a.m. Cross examination by Defendant (Mr. Lewis). Government's witness Marvelyn Guiang sworn. Direct examination by Government (Ms. Taylor). EX ID: 233B 11:11 a.m. Government's witness Thomas Martinez sworn. Direct examination by Government (Mr. Brimmer). EX ID: 232D Exhibit/s 232D (page 1 only) RECEIVED. 11:21 a.m. Government's witness Virgilio Camagay sworn. Direct examination by Government (Mr. Brimmer). EX ID: 232D (pp. 2-4), 232C Exhibit/s 232D (pp. 2-4 only) RECEIVED. 11:35 a.m. Government's witness Lee Harold Green sworn. Direct examination by Government (Mr. Brimmer). EX ID: 232D Exhibit/s 232D (pp. 5-7 only) RECEIVED. 11:48 a.m. Cross examination by Defendant (Mr. Lewis). EX ID: 232B Government's witness Richard James Andert sworn. Direct examination by Government (Ms. Taylor). EX ID: 231C 12:01 p.m. Court in Recess -3-

11:52 a.m.

Case 1:00-cr-00531-WYD

Document 2936

Filed 05/12/2008

Page 4 of 4

Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes 1:41 p.m. 1:44 p.m. Court in Session - Jury enters Government's witness Harold Clifton Gray sworn. Direct examination by Government (Ms. Taylor). EX ID: 231B 1:48 p.m. 1:50 p.m. Discussion regarding schedule for tomorrow. Jury excused for the evening and shall report back on Tuesday, May 13, 2008, at 9:00 a.m. Court makes findings. ORDERED: Government's Motion to Amend the Fourth Amended Notice of Intent to Seek the Death Penalty for Rudy Sablan (#2912 - 5/9/08) is DENIED. Discussion regarding amended notice which takes out BOP incident 511205 from June 9, 1997 that was withdrawn by the Government this morning. Discussion regarding scheduling issues and testimony of Kyung Mun. Defendant is REMANDED into the custody of the U.S. Marshal. Court in Recess - TRIAL CONTINUED

1:53 p.m.

1:54 p.m. ORDERED: 2:03 p.m.

TOTAL TIME: 2:44

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