Free Motion Hearing - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 1816

Filed 05/17/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WILEY Y. DANIEL ___________________________________________________________________________ Date: May 17, 2006 Courtroom Deputy: Robert R. Keech Court Reporter/ECR: Kara Spitler

Prob/Pret: Interpreter:

N/A Joe Cruz

___________________________________________________________________________ Criminal Case No. 00-cr-00531-WYD UNITED STATES OF AMERICA, Plaintiff, v. 1. WILLIAM CONCEPCION SABLAN and 2. RUDY CABRERA SABLAN, Defendants. ___________________________________________________________________________ COURTROOM MINUTES ___________________________________________________________________________ HEARING ON PHASE 3 MOTIONS (DAY 3) 8:35 a.m. Court in Session - Defendants present (in-custody) Court' opening remarks. s Patrick J. Burke Nathan D. Chambers Susan L. Foreman Forrest W. Lewis Donald R. Knight Counsel: Brenda K. Taylor Philip A. Brimmer

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Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes Page 2 Defendant William Sablan' Motion to Strike Future Dangerousness Congress s Didn' Intend it to be Considered Aggravation (#1688 - 2/13/06); Defendant t William Sablan' Motion to Strike Future Dangerousness on the Grounds that s Neither Experts Nor Lay Persons, Including Jurors, are Capable of Reliably Predicting It [Wm DP-25] (#1706 - 2/27/06); Defendant Rudy Sablan' Motion to s Preclude Expert Testimony on the Issue of Future Dangerousness (R-50) (Phase III) (#1698 - 2/21/06); Defendant William Sablan' Motion to Strike Nons Institutional Setting Incidents from Nonstatutory Aggravating Factor of Future Dangerousness [Wm DP-17] (#1684 - 2/13/06); and Defendant Rudy Sablan' s Motion in Limine Regarding Convictions and Incidents Alleged in Support on Non-Statutory Aggravating Factor of Future Dangerousness (R-53) (Phase III) (#1701 - 2/21/06) are raised for argument. 8:35 a.m. 8:59 a.m. 9:10 a.m. 9:17 a.m. 9:26 a.m. Argument by Defendant, William Sablan (Ms. Foreman). Argument by Defendant, Rudy Sablan (Mr. Lewis). Argument by Government (Mr. Brimmer). Argument by Government (Ms. Taylor). Argument by Defendant, William Sablan (Ms. Foreman). Court makes findings. ORDERED: Defendant William Sablan' Motion to Strike the Nonstatutory Aggravating s Factor of Future Dangerousness on the Grounds Congress Didn' Intend it to t be Considered in Aggravation [Wm DP-21] (#1688 - 2/13/06) is DENIED. Defendant Rudy Sablan' Motion to Preclude Expert Testimony on the Issue of s Future Dangerousness (R-50) (Phase III) (#1698 - 2/21/06) is DENIED to the extent it seeks a per se rule excluding such testimony and DEFERRED as to remaining objections in the motion. Defendant Rudy Sablan' Motion in Limine Regarding Convictions and Incidents s Alleged in Support on Non-Statutory Aggravating Factor of Future Dangerousness (R-53) (Phase III) (#1701 - 2/21/06) is GRANTED as to the noninstitutional incidents since the Government had indicated it is withdrawing these incidents. The motion is DEFERRED in all other aspects.

ORDERED:

ORDERED:

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Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes Page 3 ORDERED: Defendant William Sablan' Motion to Strike Non-Institutional Setting Incidents s from Nonstatutory Aggravating Factor of Future Dangerousness [Wm DP-17] (#1684 - 2/13/06) is GRANTED IN PART and DENIED WITHOUT PREJUDICE IN PART. The motion is GRANTED to the extent it seeks to strike incidents the Government has agreed to withdraw and DENIED WITHOUT PREJUDICE as to the remainder. Defendant William Sablan' Motion to Strike Future Dangerousness on the s Grounds that Neither Experts Nor Lay Persons, Including Jurors, are Capable of Reliably Predicting It [Wm DP-25] (#1706 - 2/27/06) is DENIED to the extent it seeks a per se rule excluding such testimony and DEFERRED as to remaining objections. Defendant William Sablan' Motion to Strike Threatening Violence, Low s Rehabilitation Potential, and Lack of Remorse from the Government' Notice of s Intent to Seek the Death Penalty [WM DP-22] (#1689 - 2/13/06) is raised for argument. 9:37 a.m. ORDERED: Argument by Defendant, William Sablan (Ms. Foreman). Defendant William Sablan' Motion to Strike Threatening Violence, Low s Rehabilitation Potential, and Lack of Remorse from the Government' Notice of s Intent to Seek the Death Penalty [WM DP-22] (#1689 - 2/13/06) is DENIED AS MOOT. Any issues about the verdict form need to be raised separately during the penalty phase. Defendant Rudy Sablan' Motion in Limine Regarding the " s Heinous or Depraved"Statutory Aggravating Factor (R-52) (Phase III) (#1700 - 2/21/06) is raised for argument. 9:43 a.m. 9:55 a.m. ORDERED: Argument by Defendant, Rudy Sablan (Mr. Lewis). Argument by Government (Ms. Taylor). Defendant Rudy Sablan' Motion in Limine Regarding the " s Heinous or Depraved"Statutory Aggravating Factor (R-52) (Phase III) (#1700 - 2/21/06) is DENIED WITHOUT PREJUDICE. Court in Recess

ORDERED:

9:57 a.m.

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Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes Page 4 10:30 a.m. Court in Session Defendant William Sablan' Motion to Exclude Limit Evidence of Prior s Convictions to the Fact of Conviction and to Exclude Evidence of Underlying Conduct [Wm DP-19] (#1686 - 2/13/06) and Defendant Rudy Sablan' Motion to s Limit Evidence of Prior Convictions to Statutory Requirements (R-55) (Phase III) (#1703 - 2/21/06) are raised for argument. 10:32 a.m. 10:38 a.m. 10:50 a.m. 10:52 a.m. ORDERED: Argument by Defendant, William Sablan (Ms. Foreman). Argument by Defendant, Rudy Sablan (Mr. Knight). Argument by Defendant, William Sablan (Ms. Foreman). Argument by Government (Mr. Brimmer). Defendant William Sablan' Motion to Exclude Limit Evidence of Prior s Convictions to the Fact of Conviction and to Exclude Evidence of Underlying Conduct [Wm DP-19] (#1686 - 2/13/06) is TAKEN UNDER ADVISEMENT. Defendant Rudy Sablan' Motion to Limit Evidence of Prior Convictions to s Statutory Requirements (R-55) (Phase III) (#1703 - 2/21/06) is TAKEN UNDER ADVISEMENT. Defendant William Sablan' Motion to Prohibit the Government from Introducing s Evidence of Unadjudicated Criminal Conduct During the Penalty Phase [Wm DP-24] (#1707 - 2/27/06) is raised for argument. 11:04 a.m. ORDERED: Argument by Defendant, William Sablan (Ms. Foreman). Defendant William Sablan' Motion to Prohibit the Government from Introducing s Evidence of Unadjudicated Criminal Conduct During the Penalty Phase [Wm DP-24] (#1707 - 2/27/06) is DENIED IN PART and DENIED WITHOUT PREJUDICE IN PART. It is DENIED to the extent it seeks a per se rule that unadjudicated conduct is inadmissible and DENIED WITHOUT PREJUDICE as to the admissibility of specific unadjudicated criminal conduct. Defendant William Sablan' Motion to Strike Certain Institutional Setting s Incidents from Future Dangerousness on the Grounds that the Conduct Alleged is Not Criminal Conduct [Wm DP-18] (#1685 - 2/13/06) is raised for argument. 11:17 a.m. Argument by Defendant, William Sablan (Ms. Foreman).

ORDERED:

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Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes Page 5 11:23 a.m. Argument by Government (Ms. Taylor). Court makes findings. ORDERED: Defendant William Sablan' Motion to Strike Certain Institutional Setting s Incidents from Future Dangerousness on the Grounds that the Conduct Alleged is Not Criminal Conduct [Wm DP-18] (#1685 - 2/13/06) is DENIED IN PART and DENIED WITHOUT PREJUDICE IN PART. It is DENIED to the extent Defendant seeks a per se rule that institutional incidents that are not criminal in nature are per se inadmissible and DENIED WITHOUT PREJUDICE as to the remaining aspects. Defendant William Sablan' Motion to Strike Incidents Listed in Support of The s Government' Nonstatutory Aggravating Factor " s Future Dangerousness"on the Grounds they are Insufficiently Relevant and Reliable to Submit to the Jury [Wm DP-16] (#1683 - 2/13/06) is DEFERRED. Defendant Rudy Sablan' Motion in Limine Regarding Convictions and Incidents s Alleged in Support of Non-Statutory Aggravating Factor of Future Dangerousness (R-53) (Phase III) (#1701 - 2/21/06) is DEFERRED. Defendant William Sablan' Motion to Prohibit the Use of Prior Convictions s Obtained in the Local Courts of the Commonwealth of the Northern Mariana Islands on the Grounds that the Federal Death Penalty Act Neither Provides for, Nor Contemplates, Their Use and that they are Insufficiently Reliable [Wm DP20] (#1687 - 2/13/06) and Defendant Rudy Sablan' Motion to Preclude s Evidence of Alleged Statutory Aggravator (4/12/88 Conviction) (R-51) (Phase III) (#1699 - 2/21/06) are raised for argument. 11:37 a.m. 11:43 a.m. 11:53 a.m. 12:02 p.m. 1:47 p.m. Argument by Defendant, William Sablan (Ms. Foreman). Argument by Defendant, Rudy Sablan (Mr. Knight). Argument by Government (Mr. Brimmer). Court in Recess Court in Session Argument by Defendant, Rudy Sablan (Mr. Knight). 1:54 p.m. Argument by Government (Mr. Brimmer).

ORDERED:

ORDERED:

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Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes Page 6 2:04 p.m. 2:20 p.m. 2:21 p.m. ORDERED: Argument by Defendant, William Sablan (Ms. Foreman). Argument by Government (Mr. Brimmer). Argument by Defendant, Rudy Sablan (Mr. Knight). Defendant William Sablan' Motion to Prohibit the Use of Prior Convictions s Obtained in the Local Courts of the Commonwealth of the Northern Mariana Islands on the Grounds that the Federal Death Penalty Act Neither Provides for, Nor Contemplates, Their Use and that they are Insufficiently Reliable [Wm DP20] (#1687 - 2/13/06) is TAKEN UNDER ADVISEMENT. Defendant Rudy Sablan' Motion to Preclude Evidence of Alleged Statutory s Aggravator (4/12/88 Conviction) (R-51) (Phase III) (#1699 - 2/21/06) is TAKEN UNDER ADVISEMENT. Defendant William Sablan' Motion to Strike Conviction Under 18 U.S.C. § s 924(h) from the Government' NOI as a Basis for the Alleged Statutory s Aggravating Factor Set Out in 18 U.S.C. § 3592(c)(2) [Wm DP-27] (#1715 3/21/06) and Defendant William Sablan' Motion to Strike Conviction Under 18 s U.S.C. § 924(g)(1) from the Government' NOI as a Basis for the Alleged s Statutory Aggravating Factor Set Out in 18 U.S.C. § 3592(c)(2) [Wm DP-29] (#1724 - 3/27/06) are raised for argument. 2:29 p.m. 2:41 p.m. ORDERED: Argument by Defendant, William Sablan (Ms. Foreman). Argument by Government (Mr. Brimmer). Defendant William Sablan' Motion to Strike Conviction Under 18 U.S.C. § s 924(h) from the Government' NOI as a Basis for the Alleged Statutory s Aggravating Factor Set Out in 18 U.S.C. § 3592(c)(2) [Wm DP-27] (#1715 3/21/06) is TAKEN UNDER ADVISEMENT. Defendant William Sablan' Motion to Strike Conviction Under 18 U.S.C. § s 924(g)(1) from the Government' NOI as a Basis for the Alleged Statutory s Aggravating Factor Set Out in 18 U.S.C. § 3592(c)(2) [Wm DP-29] (#1724 3/27/06) is TAKEN UNDER ADVISEMENT. Discussion regarding agenda for the 5-day hearing set to begin on Monday, August 28, 2006.

ORDERED:

ORDERED:

2:44 p.m.

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Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes Page 7 Court makes inquiries of Interpreter regarding his availability for the hearing starting Monday, August 28, 2006 and the trial set to commence in January, 2007. 2:46 p.m. Statement by Joe Cruz that he is available for the hearing starting August 28, 2006, but his availability for trial is limited. Discussion regarding obtaining additional interpreters for the trial set to commence on Tuesday, January 16, 2007 and the possibility that Defendant, William Sablan may also require the services of the Interpreter. Defendant, William Sablan shall notify the Court as to the need for the services of an interpreter not later than Friday, June 16, 2006. Counsel shall also notify Ms. Hoard as to William Sablan' need for the services s of an interpreter. Discussion regarding a trial in another case which may cause a conflict for Mr. Lewis for the hearing starting Monday, August 28, 2006. Court advises counsel for the Government to contact the Assistant U.S. Attorney handling that case to find out the status. ORDERED: 3:01 p.m. Defendants are REMANDED to custody of U.S. Marshal. Court in Recess - HEARING CONCLUDED

2:47 p.m.

ORDERED:

ORDERED:

2:55 p.m.

TOTAL TIME: 4:08