Free Statement - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 1875

Filed 08/18/2006

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

GOVERNMENT'S POSITION REGARDING ORDER OF TRIALS

The United States of America, by Troy A. Eid, United States Attorney for the District of Colorado, and through Brenda K. Taylor and Philip A. Brimmer, Assistant United States Attorneys, pursuant to the Court's Order of August 8, 2006, respectfully recommends that the Court schedule the trial of William Concepcion Sablan before the trial of co-defendant Rudy Cabrera Sablan on the charge of First Degree Murder. The reasons for the government's recommendation are as follows: Mental Health Issues 1. Since 2001, Rudy Sablan has sought discovery of William Sablan's mental health records. See Rudy Sablan's Motion in Limine to Admit Evidence of William Sablan's Mental Condition [R-18, docket # 257, filed August 17, 2001]; Rudy Sablan's

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Motion for Discovery of Brady Material [R-47, docket # 1534, filed September 6, 2005]; Rudy Sablan's Motion for Hearing regarding Procedures for Review and Release of William Sablan's Mental Health Materials [R-49, docket # 1671, filed February 6, 2006]. William Sablan has consistently opposed Rudy Sablan's attempt to discover information about his mental health on grounds of privilege. 2. If the Court requires Rudy Sablan's trial to proceed first, William Sablan may continue to oppose disclosure of his mental health records. The Court will then have to resolve the scope of whatever privileges exist and authorize the appropriate disclosures. Rudy Sablan would then have to review whatever documents were disclosed in order to assess their usefulness for his defense. These contingencies pose the possibility of delay. 3. On the other hand, if the Court requires William Sablan's trial to proceed first, the scope of William Sablan's disclosures at trial regarding his mental health will resolve most, if not all, of the discovery issues raised by Rudy Sablan. William Sablan has filed a Rule 12.2(b) Notice that he intends to offer expert evidence regarding a mental disease, defect, or condition. See Document # 1740, filed March 30, 2006. His use of such evidence at trial will have the effect of waiving whatever privileges he may have regarding most of the discovery that he has previously opposed providing to Rudy Sablan. Having William Sablan's trial go first will therefore simplify the Court's resolution of the discovery issues regarding William Sablan's mental health.

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Evidence of Culpability 4. Defendant William Sablan has made many statements confessing to killing Joey Estrella. See, e.g. Defendant William Sablan's Motion to Sever, Docket # 272 at 2. It is anticipated that the primary issue to be resolved by the jury at William Sablan's trial will not be whether he participated in the murder of Joey Estrella, but rather whether he committed first degree murder or some lesser crime. Rudy Sablan, on the other hand, has made no statements admitting his involvement in the murder. 5. It is the government's position that it will better serve the interests of judicial economy and the use of government resources to try William Sablan first given that the evidence of his culpability is so strong. 6. Further, defendant Rudy Sablan has not requested that his trial precede that of William Sablan, so Rudy Sablan will not be prejudiced by the government's request. 7. Likewise, although defendant William Sablan has requested that his trial follow Rudy Sablan's trial, William's right to a fair trial is not implicated and no prejudice would result to William Sablan if William's trial proceeds first.

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Case 1:00-cr-00531-WYD

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Respectfully submitted this

18th

day of August, 2006.

TROY A. EID 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

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CERTIFICATE OF SERVICE I hereby certify that on this 18th day of August , 2006, I electronically filed the foregoing GOVERNMENT'S POSITION REGARDING ORDER OF TRIALS 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] Dean Steven Neuwirth [email protected] s/ Dorothy Burwell DOROTHY BURWELL Legal Assistant U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Phone (303) 454-0100 Fax (303) 454-0400 E-mail address [email protected] Attorneys for Rudy Sablan Forrest W. Lewis [email protected] Donald R. Knight [email protected]

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