Free Govt's Proffer - District Court of Colorado - Colorado

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 00CR-531-WYD-01 UNITED STATES OF AMERICA, Plaintiff, v. 1. WILLIAM CONCEPCION SABLAN, Defendant.

GOVERNMENT'S PROFFER OF PENALTY PHASE EVIDENCE IN SUPPORT OF NON-STATUTORY AGGRAVATING FACTOR OF FUTURE DANGEROUSNESS OF WILLIAM CONCEPCION SABLAN

The United States of America, by William J. Leone, United States Attorney for the District of Colorado, and through Brenda K. Taylor and Philip A. Brimmer, Assistant U.S. Attorneys, anticipates that it will offer the evidence outlined below during the penalty phase of the trial of William Sablan in support of the non-statutory aggravating factor of future dangerousness. The allegation of future dangerousness will also be supported by evidence admitted during the guilt phase on the homicide charge and evidence admitted to prove the statutory aggravators. The following proffer of previous convictions and other conduct relevant to prove the future dangerousness of William Sablan is set out by the paragraph number referenced in the proposed Third Amended Notice of Intent to Seek the Death Penalty (NOI) in

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addition to the date and any court case number or Bureau of Prisons (BOP) Incident Report number. A. PROFFER­FUTURE DANGEROUSNESS 1. NOI ¶: C 1(a) (Proposed Third Amended NOI) Date of Offense: 8/17/84 Court case/BOP #: CNMI Trial Court 84-69 Conviction: Assault & Battery The evidence offered to establish this conduct as indicative of future dangerousness of William Sablan may include the following: a. Certified Copies of Court Documents: Negotiated Plea, signed and dated September 27, 1984; Judgment & Commitment, dated November 16, 1984; and a Promissory Note, dated January 13, 1985, and signed by William Sablan promising to pay Vic Pangelinan $50.00 per month for three years for injuries suffered by Mr. Pangelinan, his wife, and his minor child. b. Testimony-Victor Pangelian Mr. Pangelian, the victim, is expected to testify about what happened on the night of the assault. It is anticipated that his testimony will include the following:: Mr. Pangelian had just come home from shopping with his wife and three children and was sitting on the porch alone around 8:00 p.m. when his daughter called to him. A masked man jumped out in front of him with a knife in each hand, telling him in English to kneel down. Pangelian jumped over the railing of the porch to try to pick up some lumber to use as a weapon. He slipped and the man was right behind him. Pangelian got 2

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up and ran toward his brother's house yelling for help. The man was swinging both knives at Pangelian while Pangelian tried to dodge them. He tried to grab one of the knives but grabbed the blade, which cut his finger. Pangelian let go of the knife and continued to run with the masked man chasing him. When they came to a street light, the man turned and ran away. Pangelian learned from his wife that there were two other masked men in their house who had come into their bedroom. One man held her by the waist while the other held a knife to her throat. The two men dragged her from the bedroom to the front porch. When they saw the third man running away, they ran also. His wife's fingers had been cut. Pangelian and his wife were taken to the hospital where Pangelian stayed overnight in order to have surgery to repair his finger. c. Identification If the issue is contested, it is anticipated that the government

will establish that the defendant is the same William Sablan who pled guilty to assault and battery and was sentenced to prison in this case utilizing prison records from Saipan. These records have been requested but not yet received and will be provided to defense counsel upon receipt. A further basis for identification is the fact that a joint plea agreement was used for this case and Case 84-68, referenced below, and concurrent sentences were imposed in the two cases. The victim in Case 84-68 knew William Sablan and identified him as his assailant.

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2. NOI ¶: C 1(b) (Proposed Third Amended NOI) Date of Offense: 8/19/84 Court case/BOP #: CNMI Trial Court 84-68 Conviction: Burglary of Ghanshyam (George) Ramnani The evidence offered to establish this conduct as indicative of future dangerousness of William Sablan may include the following: a. Certified Copies of Court Documents: Negotiated Plea, signed and dated September 27, 1984; Judgment & Commitment Order dated November 16, 1984 b. Testimony of Ghanshyam (George) Ramnani Mr. Ramnani was the victim of the burglary. It is anticipated that his testimony will include the following: In August or September of 1984, Ramnani was working in his cousin's clothing and jewelry store, Lovi's Emporium, in Saipan. His cousin had leased the building from the Sablan family, who lived in a residence attached to the back of the store. Ramnani did not have a residence, and he slept in the store each night. One night in August or September of 1984, he closed the store around 9:00 p.m. and went to dinner. He returned about 11:00 p.m. and went to sleep. He awoke to find three males with shotguns robbing the store. He did not hear them come in, but believes that they had removed the hinges from the back door while he was out to dinner and then were able to enter the store without making any sound. The men pulled the telephone wire from the wall and attempted to strangle him with the wire. He was tied up, hit in the side of the face with the butt of the shotgun and 4

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was stabbed in his side with a knife. Ramnani believes that they stabbed him to see if he was still alive. The men stole jewelry and approximately $4,000 to $5,000 in cash. While it was dark in the store during the robbery, Ramnani recognized the voice of one of the men as that of William Sablan, the son of the property owner. He also heard the other men refer to him as "William." The men were speaking Chamorro, a language commonly used in Saipan. Ramnani was very familiar with William Sablan, because Sablan lived behind the store with his family and came into the store frequently. Ramnani knew the other men were friends of Sablan, but could not identify them by name. After the men left, Ramnani called the police and was taken to the hospital. He could not speak for three months due to the injuries caused by the strangulation. Ramnani quit his job at the store shortly after the robbery. After William Sablan was arrested and served jail time, William's brother threatened to kill Ramnani for putting William in jail. c. Identification If the issue is contested, it is anticipated that the government will establish that the defendant is the same William Sablan who pled guilty to burglary and was sentenced to prison in this case based on his identification by the victim and prison records from Saipan which have been requested but not yet received. 3. NOI ¶: C 1(c) (Proposed Third Amended NOI) Date of Offense: 5/20/85 Court case/BOP #: CNMI Trial Court 85-49 Conviction: Armed Robbery with Use of Knife The evidence offered to establish this conduct as indicative of future 5

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dangerousness of William Sablan may include the following: a. Certified Copy of Court Document: Judgment & Sentence dated August 26, 1985. The defendant was sentenced to six years imprisonment concurrent with cases 84-68 and 84-69. b. Audio Tape Recordings / Transcript of Trial Testimony This conviction was entered following a jury trial held between July 15 and July 18, 1985. The government has ordered audio tapes of the trial testimony, which are publicly available, from the CNMI Trial Court and expects to receive them soon. Copies of these tapes will be provided to defense counsel upon receipt, and the government, with permission of the Court, will submit a supplemental proffer of the testimony upon which it intends to rely. c. Identification If the issue is contested, it is anticipated that the government will establish that the defendant is the same William Sablan who was found guilty of Armed Robbery with Use of a Knife and was sentenced to prison in this case based on prison records from Saipan. These records have been requested but not yet received. A further basis for identification is the fact that the sentence in this case was imposed concurrently with the sentences in Cases 84-68 and 84-69, referenced above, and the ability of the victim in case 84-69 to identify the defendant. 4. NOI ¶: C 1(d) (Proposed Third Amended NOI) Date of Offense: 9/29/96 Court case/BOP #: CNMI Superior Court 96-235 Conviction: Robbery of Kiyoshi Nemoto and OnoYasuo The evidence offered to establish this conduct as indicative of future dangerousness of 6

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William Sablan may include the following: a. Certified Copies of Court Documents: Amended Superseding Information dated September 10, 1997; Special Verdict, Count I, dated December 15, 1997; Special Verdict, Count II, dated December 15, 1997; Judgment of Conviction dated December 17, 1997; and Sentence Order dated February 26, 1998. b. Transcript of trial testimony of victims Kiyoshi Nemoto and Ono Yasuo Audio tape recordings of trial proceedings and testimony still exist and have been ordered from the Clerk of the Superior Court in Saipan. They are expected to arrive soon. Copies of the tapes will be provided to defense counsel as soon as they are received, and, with the Court's permission, the government will submit a supplemental proffer of the testimony upon which it intends to rely. c. Testimony of Detective Diwain A. Stephen, Task Force Officer for the Saipan Drug Enforcement Administration office, and formerly an officer with the Department of Public Safety, Saipan, regarding his interview on September 29, 1996 of Ono Yasuo, a Japanese tourist who was a victim of the robbery, and additional investigation Detective Stephen conducted. It is anticipated that his testimony will include the following: Mr Yasuo's interview: On September 29, 1996, Mr.Yasuo and Mr. Kiyoshi Nemoto went to Lao Lao Bay Resort, Saipan, to play golf. While they were playing, a man wearing a mask with a hole in it approached Mr.Yasuo. The man was holding a knife approximately 10 inches long

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and demanded money. This man chased them, motioning towards them as if he were going to throw the knife. They tried to defend themselves with their golf clubs. The man ran to their golf cart and took their backpacks. When they followed him, he threw a pointed stick at them. Additional Investigation: Det. Stephen, who knew William Sablan prior to 1996, participated in the arrest of William Sablan when he was found hiding in an ocean cave at the base of a cliff below the golf course. Det. Stephen recognized William Sablan clinging to the rocks in the cave, holding a knife. When told he was a suspect in the robbery, William claimed to be fishing and challenged the officers to a fight. d. Testimony of Detective Joaquin Salas, an officer with the Department of Public Safety, Saipan, regarding his interview on September 29, 1996 of Kiyoshi Nemoto, a Japanese tourist who was a victim of the robbery, and Det. Salas' personal observations. It is anticipated that his testimony will include the following: Mr. Nemoto's Interview: On September 29, 1996, Mr. Nemoto was playing golf with Ono Yasuo at the Lao Lao golf course in Saipan. Nemoto saw a man wearing a mask with two eye slots approach Mr. Yasuo and speak to him. He saw the man holding a knife at waist level and pointing it at Yasuo. Nemoto described the knife to be at least two inches wide and having a nine-inch shiny blade. Nemoto and Yasuo backed away and the man came

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toward them still pointing the knife. Nemoto held up his golf club to defend himself and the man motioned as if to throw the knife. Then the man went back to their golf carts and grabbed their backpacks. The man went into the bush but turned and threw a carved stick at them. Nemoto had to dodge out of the way of the stick. When Nemoto went to the police station, he saw a man standing in the center area whom he recognized as the man who had accosted him based on his eyes and his thin legs. Det. Salas' Observations of William Sablan: Det. Salas may also testify regarding his observations of William Sablan's aggressive behavior toward the police when he was confronted. Det. Salas may also testify regarding the recovery of the stolen articles near the location where Sablan was found. e. Testimony of Jesse Seman, Department of Public Safety, regarding his observations of William Sablan's behavior at time of his arrest It is anticipated that his testimony will include the following:. Officer Jesse Seman, who had known William Sablan prior to this incident, was in a boat at the location where Sablan was found, just below the golf course. He recognized Sablan and heard him threaten to drown Boating Safety Officer Jack Somol if Somol tried to catch him. He also heard Sablan repeatedly threaten to kill Somol. f. Testimony of Arnold K. Seman, currently Chief of Staff for the Lieutenant

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Governor, and formerly an officer with the Department of Public Safety in Saipan, regarding his observations of William Sablan during his arrest. It is anticipated that his testimony will include the following: Officer Arnold Seman has known William Sablan since they were both teenagers and in school together. He went to the area where the suspect was reported to have dived off a cliff into the water below the golf course. Arnold Seman recognized William Sablan in the water. Sablan repeatedly threatened to kill officers until Officer Arnold Seman finally convinced him to get into his boat. g. Testimony of Joseph H. Aldan, formerly a Detective with the Department of Public Safety, Saipan, and lead investigator in this case, regarding his observations of William Sablan at the time he was contacted by officers. It is anticipated that his testimony will include the following: Det. Aldan can provide background information regarding the search for the robber. He observed the efforts by a diver and others in boats to recover the stolen backpacks. He also observed the discovery of William Sablan, whom he immediately recognized, and his aggressive behavior toward the officers. h. Testimony of Boating Safety Officer Jack Somol, who helped with search for the robber in the water. He is expected to testify regarding finding Sablan and Sablan's threats to him. i. Identification If the issue is contested, it is anticipated that the government

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will establish that the defendant is the same William Sablan who was found guilty of Robbery and was sentenced to prison in this case based on his identification by witnesses. In addition, Sablan was connected to the robbery based on the recovery of the victims' backpacks and waist pouches from the water near where Sablan was hiding, the recovery of a bundle of currency hidden in a crack in the cave where Sablan was found, and the recovery of other items on the ocean floor. Prison records from Saipan may also be used to tie William Sablan to this conviction. These records have been requested but not yet received. A further basis for identification may be the testimony of Robert J. Steinborn, formerly an Assistant Attorney General in Saipan and the prosecutor at the trial of this matter. j. Potential Depositions of the victims. The victims, Mr. Yasuo and Mr. Nemoto, have been contacted in Japan and have been interviewed. Copies of those interview summaries are being provided to defense counsel today. These gentlemen are not willing to come to the United States to testify. They are willing, however, to be deposed in Japan if necessary. 5. NOI ¶: C 1(e) (Proposed Third Amended NOI) Date of Offense: 2/8/97 Court case/BOP #: CNMI Superior Court 97-133 Conviction: Assault and Battery of Joaquin K. Camacho The evidence offered to establish this conduct as indicative of future dangerousness of William Sablan may include the following: a. Certified Copies of Court Documents: Plea Agreement dated April 21, 1998 11

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and signed by William Sablan, which includes a stipulation of facts that Officer Joaquin K. Camacho was cut by the defendant with a small piece of metal; Judgment and Commitment Order dated May 12, 1998. b. Testimony of Ralph Rangamar, currently an officer with the Transportation Security Administration (TSA), and formerly a correctional officer with the Department of Public Safety, Saipan, regarding his observation of William Sablan's conduct related to the assault of Officer Joaquin K. Camacho. Officer Camacho is now deceased. It is anticipated that Officer Rangamar's testimony will include the following: The incident began after a cleanup of the cells in the Male Detention Facility in Susupe Village, Saipan, had been conducted and the inmates were being returned to their cells. William Sablan became very verbally abusive to the officers and did not want to return to his cell. Officer Camacho, with assistance from Officer Rangamar, had to physically force Sablan back into the cell. Camacho's finger was cut during the struggle with William Sablan. Sablan continued to be violent, shaking the bars of the cell, yelling obscenities and threatening to kill the officers when he is released. During the struggle, William Sablan managed to get hold of some keys from Rangamar's pocket Once secured in his cell, Sablan showed the officers that he had the keys. He refused to release them for half an hour. c. Testimony of Alex Matteo, an Officer with the Department of Public Safety at the time of this incident, regarding his observations of William Sablan's conduct.

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It is anticipated that his testimony will include information that William Sablan had caused some damage in the facility and that a piece of ironwork was missing from the padlock on a cell. Matteo observed the assault on Officer Joaquin Camacho. William Sablan had the piece of ironwork hidden in his hand and cut Camacho during the struggle at the cell. d. Testimony of Robert J. Steinborn, formerly an Assistant Attorney General in Saipan and the prosecutor in this matter, may be called to identify William Sablan as the person who was convicted in this case. 6. NOI ¶: C 1(f) (Proposed Third Amended NOI) Date of Offense: 11/18/99 Court case/BOP #: BOP Incident Report No.731923/Federal Correctional Institution (FCI)-Florence, Colorado Violation: Destroying/altering a security device The evidence offered to establish this conduct as indicative of future dangerousness of William Sablan may include the following: a. Testimony of Senior Officer J.A. White It is anticipated that Officer White's testimony will include the following: William Sablan had been placed in a holding cell at FCI, Florence, Colorado in four-point restraints. While the defendant was so restrained, Officer White watched him break the handcuffs restraining both of his hands. 7. NOI ¶: C 1(g) (Proposed Third Amended NOI) Date of Offense: 12/5/99 Court case/BOP #: BOP Incident Report No. 736490/ FCI-Florence, Colorado Violation: Threatening another with bodily harm 13

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The evidence offered to establish this conduct as indicative of future dangerousness of William Sablan may include the following: a. Testimony of Correctional Officer Ron Serna It is anticipated that Officer Serna's testimony will include the following: While taking the count of inmates at FCI, Florence Officer Serna approached William Sablan's cell at 4:05 p.m. and directed Sablan, who was lying face down on his bed, to stand for count. Sablan refused, saying he was not a child and that he would kill Serna if Serna messed with him. Sablan repeated, "Did you hear me? I'm going to kill you." b. Testimony of Senior Officer Specialist J.J. Masopust regarding his observations of William Sablan during this incident. It is anticipated that his testimony will include the following: Officer Masopust went to William Sablan's cell at approximately 5:00 p.m. in response to an inmate duress alarm. William was kicking the door and screaming, saying he hated Officer Serna and was going to kill him. William Sablan held up a razor blade and said if Serna came up there he would kill him. Sablan refused to give up the razor and said if anyone opened the trap he would cut them. Officers tried to get him to exchange the razor for his dinner, but Sablan refused. Sablan tied his sheets across his cell in what appeared to be an attempt to trip up any use-of-force team which might try to enter the cell. He also covered the window of the cell with toothpaste. Sablan was also observed making a shield of his mattress.

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A use-of-force team was used to remove Sablan from the cell. He denied that he had a razor, and one was not found in the cell. However, paper and cloth in the cell had obviously been cut with a sharp instrument. The toilet could not be searched because it had been filled with feces, urine, paper, coffee, and other objects. c. Videotape of use-of-force action This tape is being provided by BOP and copies will be forwarded to defense counsel upon receipt. 8. NOI ¶: C 1(h) (Proposed Third Amended NOI) Date of Offense: 1/19/01 Court case/BOP #: FCI-Englewood, Colorado-no incident report The evidence offered to establish this conduct as indicative of future dangerousness of William Sablan may include the following: Testimony of Lt. D. Thompson It is anticipated that Lt. Thompson's testimony will include the following: At 6:18 p.m., Lt. Thompson was requested to provide immediate assistance to officers in the SHU at FCI, Englewood because William Sablan was extremely agitated and out of control. Sablan had detached the metal desk from the wall of his cell and was using it as a battering ram against the door of his cell. Sablan was screaming and crying and threatening to injure and kill inmate Samuel Robinson. Sablan was put into restraints and removed from his cell. 9. NOI ¶: C 1(i) (Proposed Third Amended NOI) Date of Offense: 2/9/01 Court case/BOP #: FCI-Englewood, Colorado-no incident report

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The evidence offered to establish this conduct as indicative of future dangerousness of William Sablan may include the following: Testimony of Senior Officer S. Brown It is anticipated that Officer Brown's testimony will include the following: Officer Brown conducted a routine shakedown of William Sablan's cell at FCI, Englewood while Sablan was in court on February 9, 2001. Brown removed items of old fruit and cups saved from meals which were in the cell. When Sablan returned from court, Sablan noticed that things had been moved in his cell. He became extremely angry, and demanded to know "who the fuck was in here shaking down my room?" When Officer Brown approached the cell window, William Sablan said "You motherfuckers can't do this to me. I am a death row inmate and I don't play these fucking games with you people. Do you people understand that I came from Florence and I am here for killing a motherfucker?" Officer Brown asked Sablan to lower his voice and to tell him what was wrong with his cell. Sablan replied, "You had better respect me, because I am not like the rest of these guys in here and I will fuck you up, you motherfucker." Sablan then used a closed fist to strike the window of his cell. 10. NOI ¶: C 1(j) (Proposed Third Amended NOI) Date of Offense: 2/12/01 Court case/BOP #: Incident Nos. 857603 and 857606/ FCI-Englewood, Colorado Violation: Assault and Threatening Bodily Harm The evidence offered to establish this conduct as indicative of future dangerousness of William Sablan may include the following: 16

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a. Testimony of Senior Officer Specialist Brent Hunt, Jr. It is anticipated that Officer Hunt's testimony will include the following: William Sablan yelled to Officer Hunt at FCI, Englewood and then threw hot coffee on him, hitting Hunt in the face, neck and chest. Sablan threatened to kill the officer and blocked the closing of the food slot into the cell with his foot. Sablan accused Hunt of making an obscene gesture toward him. He admitted throwing the coffee on Hunt and said, "On my island, we would kill people for that." b. Testimony of Federal Air Marshal Pete Tozer, formerly a Senior Officer Specialist with the Bureau of Prisons (BOP) and a member of the use-of-force team which removed William Sablan from his cell and placed him in restraints. It is anticipated that Officer Hunt's testimony will include the following: During the team's entry into the cell, Sablan was combative and attempted to bite Tozer's left hand. Tozer also saw Sablan try to bite another officer when they had to return to the holding cell to put Sablan into hard restraints after he pulled free of the soft restraints initially used. c. Testimony of Lt. F. Entzel, officer with BOP. It is anticipated that Lt. Entzel's testimony will include the following: Entzel assisted chief psychologist Dr. Wertz with confrontational avoidance with William Sablan during this incident. Sablan had covered his cell window and was refusing to submit to restraints. Sablan told them he had a plastic bag and to go ahead and gas him.

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After he repeatedly refused to cooperate, the team did use a chemical agent in order to enter the cell. Sablan continued to fight the team upon entry and had to be wrestled to the floor for restraints to be applied. He was put into four-point soft restraints. While in the holding cell, Sablan removed his right arm from the restraint and the team had to be reassembled to enter the cell again. While waiting for them, Sablan said, "I'm going to die, fuck the team, make them work, let's see how long it takes the team to strap me back down." Sablan had to be placed into four-point hard restraints. c. Videotape taken during the incident The video shows efforts made to persuade Sablan to cooperate and the actions of the use-of-force team. It also shows Sablan removing his restraints in the holding cell. 11. NOI ¶: C 1(k) (Proposed Third Amended NOI) Date of Offense: 3/24/01 Court case/BOP #: Incident Report No.869064/ ADX, Florence, Colorado Violation: Assault and Refusing to Obey an Order The evidence offered to establish this conduct as indicative of future dangerousness of William Sablan may include the following: Testimony of Senior Officer Specialist Adam Holladay It is anticipated that Officer Holladay's testimony will include the following: While William Sablan was being escorted from one cell to another during monthly cell rotation, he stopped and made an aggressive turn to his left. Officer Castillo, the escorting officer, gave the inmate a direct order to keep walking. Sablan continued down the range a couple of feet and suddenly stopped and made another aggressive sharp turn 18

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to his left. Officer Holladay then placed the end of his baton on Sablan's lower left side and pushed him back toward his cell. Once Sablan was inside his cell and the inner grill secured, he became verbally abusive toward Officer Castillo and Officer Holladay. After his hand restraints were removed, he threw a bar of soap at Holladay. He then reached through the bars aggressively and grabbed Officer Holladay's shirt. Holladay struck Sablan's arm with his baton and Sablan backed away from the grill, which gave Holladay an opportunity to leave the sallyport. The outer door was then secured. 12. NOI ¶: C 1(l) (Proposed Third Amended NOI) Date of Offense: 5/29/01 Court case/BOP #: Incident Report No.889220/ ADX, Florence, Colorado Violation: Threatening Staff/ Tampering or Interfering with any Security Device; Failure to Follow Safety Regulations The evidence offered to establish this conduct as indicative of future dangerousness of William Sablan may include the following: a. Testimony of Lt. D.P. Womeldorf, then assigned to the facility at Florence, Colorado. It is anticipated that Lt. Womeldorf's testimony will include the following: William Sablan had been transported to an outside hospital for various medical tests. As Sablan was leaving an examination room where an EEG test had been performed, a defense investigator who was present at the hospital asked Lt. Beaudin if Sablan could have a coke. When Beaudin would not give permission, Sablan became angry and verbally abusive to Beaudin and Womeldorf. On the trip back to Florence, Womeldorf was in the chase car. He could see

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Sablan moving around inside the van­standing up, lying down, moving from side to side. Lt. Beaudin radioed Womeldorf that Sablan was threatening to slip his handcuffs. The van and escort vehicle immediately returned to the facility with the escort car running lights and siren. b. Testimony of Federal Air Marshal J. Beaudin, formerly a lieutenant with BOP at the Florence facility. It is anticipated that Mr. Beaudin's testimony will include the following: Inside the hospital, Beaudin refused to allow Sablan to have a coke but provided him with water. Sablan became angry and verbally abusive. In the van on the return trip to Florence, William Sablan repeatedly threatened to assault Beaudin. Sablan also removed his seatbelt, tried to remove his restraints and said he could get out of them if he wanted. c. Testimony of A. Gillespie, the driver of the van carrying William Sablan. It is anticipated that Mr. Gillespie's testimony will include the following: Upon exiting the hospital, William Sablan was obviously agitated with the officers escorting him. Gillespie placed Sablan in the van and buckled his seatbelt. From the moment they left the hospital, Sablan kept talking about having been disrespected. At the edge of town, he stood up and was tampering with his restraints, saying he was going to break out of them. He was ordered to sit down. A decision was made to return to the institution with lights and siren in order to get Sablan secured as soon as possible. Sablan

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continued to tamper with his restraints and be verbally abusive until he was secured at the institution. During the trip, Sablan threatened Gillespie, telling Gillespie that Gillespie could not handle working in Sablan's unit and if he did, he would wear his food every day. B. PROFFER­STATUTORY AGGRAVATING FACTOR--PRIOR CONVICTION OF VIOLENT FELONY INVOLVING FIREARM The facts underlying the defendant's convictions in United States District Court, Northern Mariana Islands, Case No. CR99-00018, for violations of 18 U.S.C. §§1203 & 2, Hostage Taking, 18 U.S.C. §922 (g)(1), Felon in Possession of a Firearm, and 18 U.S.C. §924 (h), Transfer of a Firearm Knowing It Will Be Used to Commit a Crime of Violence, to wit: Assault with a Dangerous Weapon, are also relevant on the issue of future dangerousness. Therefore, the government submits the following proffer regarding that case: NOI ¶: B 1 (Proposed Third Amended NOI) Date of Offense: 3/9/99 Court case #: United States District Court, Northern Mariana Islands, Criminal Case No. CR99-00018 The evidence offered to establish this conduct as indicative of future dangerousness of William Sablan may include the following: 1. Certified Copies of Court Documents: Information filed April 13, 1999; Plea Agreement signed on April 13, 1999 by William Sablan and his counsel; Judgment dated July 15, 1999.

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2. Defendant arrest photo 3/10/99 3. Testimony-Major Ramon Camacho It is anticipated that Major Camacho's testimony will include the following: Major Camacho was trained in hostage negotiations and was designated as the officer to try to talk to the inmates after they took over the facility. When he arrived at the facility, he could hear William Sablan shouting profanities at the officers outside the main door. He could also hear sounds coming from the office which sounded like things breaking. He walked around to the eastern side of the facility and walked inside the closed fence area near the east gate. He yelled for Sablan to come to him. When Sablan came to the door, Camacho asked him why he was doing this. Sablan responded that "No one is taking care of our problems." As Camacho was about to respond, Sablan reached through the bars and sprayed pepper mace in his face. Camacho washed his face and then continued to try to negotiate with Sablan, trying the telephone and communicating with a megaphone. When Camacho tried to talk to him, Sablan would comment that Camacho was very good at psychology and that he (Sablan) knew what Camacho was trying to do. Shortly thereafter, he heard gunshots in the facility. Camacho asked Sablan if he had a gun and where he got it. During the negotiations, Sablan made the following statements: a. "maybe I should start killing people in here and give the police a real bloody mess."

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b. "I am holding a gun and I have a lot of dynamite. It belongs to your officer and we have plenty of guns and dynamite." c. "I have four Chinese people here. I'll blow them away before I surrender and

I will kill myself before I surrender. I have nothing to lose. My daughter was killed in a car accident and the police did not do anything." d. Demanded that the governor come to talk to him or he would "kill one Chinese and throw his body out to show you I mean business." e. "I can kill anyone in here. I am going to first kill the Chinese." 4. Testimony of ATF SA Gil Bartosh SA Bartosh was present during the interview of Chinese detainee Zhou Bo. Zhou Bo is believed to be living in China and has not been located as yet. It is anticipated that Agent Bartosh's testimony regarding the contents of that interview would include the following: Three days before the takeover, William Sablan dragged Zhou from bed and ordered him to cover up a hole in the ceiling in another cell and not tell anybody about it. On 3/8/99, defendant again dragged him out of bed and started beating him. Zhou Bo saw the defendant struggling with the guard for the keys and saw him assault the guard. The defendant also ordered someone to search the lockers in the office while the defendant held the guard. The defendant ordered the other prisoners to break up ceramic structures and make

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a barricade. If Zhou moved too slowly, William Sablan would kick or punch him. He saw Sablan with a black and gray gun and holster belt. Sablan also had magazines of ammunition which he kept in his pants pocket. The defendant pointed the gun at Zhou and demanded that he give the defendant his property. The defendant also fired the gun several times. The defendant held the gun while others wrapped Zhou in bedding and beat him. Defendant said "police no see" while the beating was taking place­Zhou understood Sablan to mean that Sablan believed that the bedding would prevent bruising and the injuries could not be seen. William Sablan ordered Zhou to strip and pushed him up against the east gate of the facility while he poked the gun out through the bars beside Zhou. The defendant pointed the gun directly at the side of Zhou's head and pulled the trigger. The gun clicked but did not fire. Zhou urinated on himself, and the defendant laughed at him. Then the defendant pointed the gun out the gate and fired a round on each side of Zhou's head. 5. Testimony of Officer Chris Guerrero It is anticipated that Officer Guerrero's testimony would include the following: Officer Guerrero was on the computer in the office when one of the inmates told him that William needed assistance in the west wing. Guerrero went to the west wing and talked to William Sablan. He knew Sablan prior to this incident. Sablan asked him to do him a favor-just let them go. Then they blocked the door. When Guerrero walked in,

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they were already wearing camouflage and were ready to go. William said, "Chris, we can really hurt you. You're a good officer, just let us walk out." William even told him how to cover up the escape. When William realized Guerrero was not giving in, he started trying to get his key. William and Guerrero struggled over the key and William told his guys to help. The phone rang and William jerked the phone out of the wall. William came at Guerrero and tried to punch him. Guerrero was trying to make a lot of noise, so William called for help. Inmate Blas then jumped Guerrero, pinned him against the wall and tried to strangle him with a strap. Sablan and Blas managed to get Guerrero's key. Guerrero noticed that the safe was open in the office, but he knew that his gun was in the desk. The struggle lasted about fifteen minutes and William Sablan was the leader. The inmates took the key and opened the cells. Guerrero got the key back by kicking the door and slamming it shut. Then William took the key again when Guerrero was being held against the wall. William had a big fire extinguisher raised up and said, "Let's finish this guy off." As he held the fire extinguisher over Guerrero, William said in Chamorro, "I'll kill you." A knock at the door saved Guerrero. William and one other inmate got behind the door­everyone else ran back to their sections. Det. Patrice was at the door asking for some information on an arrestee. Guerrero tried to signal Det. Patrice and was able to get out and lock the door behind him.

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6. Photos and video of damage to facility. CONCLUSION The above proffer represents the government's best estimate at this time of the evidence it intends to offer to support the non-statutory aggravating factor of future dangerousness. As indicated above, we have ordered audio tapes of trial testimony in two of the cases from Saipan which are alleged as proof of future dangerousness, Case 85-49 and Case 96-235. We should receive those tapes within the next few days. Additional evidence not listed above may also become available between the date of this proffer and the Phase III evidentiary hearing or the trial. The government reserves the right, therefore, to seek leave of the Court to supplement this proffer as necessary prior to that hearing or the trial. Respectfully submitted this 24 th day of July, 2006, WILLIAM J. LEONE 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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CERTIFICATE OF SERVICE I hereby certify that on this 24th day of July, 2006, I electronically filed the foregoing GOVERNMENT'S PROFFER OF PENALTY PHASE EVIDENCE IN SUPPORT OF NON-STATUTORY AGGRAVATING FACTOR OF FUTURE DANGEROUSNESS OF WILLIAM CONCEPCION SABLAN with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following email addresses:

Attorneys for William Sablan Patrick J. Burke [email protected]

Attorneys for Rudy Sablan Donald R. Knight [email protected] Forrest W. Lewis [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]

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