Free Transcript - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 00-cr-00531-WYD

3 UNITED STATES OF AMERICA, 4 Plaintiff, 5 vs. 6 RUDY CABRERA SABLAN, 7 Defendants. 8 _______________________________________________________________ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Proceeding Recorded by Mechanical Stenography, Transcription Produced via Computer by Kara Spitler, RMR, CRR, 901 19th Street, Denver, CO, 80294, (303) 623-3080 Proceedings before the HONORABLE WILEY Y. DANIEL, Judge, United States District Court for the District of Colorado, commencing at 5:07 p.m., on the 19th day of May, 2008, in Courtroom A1002, Alfred A. Arraj United States Courthouse, Denver, Colorado. APPEARANCES BRENDA TAYLOR and PHILIP BRIMMER, Assistant United States Attorneys, 1225 17th Street, Suite 700, Denver, CO 80202, for plaintiff. FORREST LEWIS, 1600 Broadway, Suite 1525, Denver, CO 80202, for defendant. REPORTER'S TRANSCRIPT Trial to Jury, Day 33, Vol. 47 _______________________________________________________________

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PROCEEDINGS (In open court at 5:07 p.m.) THE COURT: You may be seated. Normally

This is a most unusual note from a jury. juries just say they want a break.

But this says what it says. I'm going to send

And so let's bring the jury in. them home for the evening.

I think I should tell them, to the extent they give us any notes short of a verdict, that they should not tell us what they're doing in their deliberation. Do you agree with that, Mr. Lewis? MR. LEWIS: THE COURT: Yes, I do. Yeah.

And you agree, Mr. Brimmer; I saw you shake your head. MR. BRIMMER: THE COURT: Agree.

Mr. Lewis, off the record.

(Discussion off the record.) (Jury in at 5:09 p.m.) THE COURT: You may be seated.

I'm going to send you home in a few minutes. Mr. Barron, I'm going to make a request. When you

submit further notes on behalf of the jury, unless it's a verdict, do not reveal sort of what you're doing in your deliberation. JURY FOREMAN: Yes, sir.

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THE COURT:

Cause this note -- it says what it says, We really

so it gives us some insights into what you're doing. don't want to know that.

We want to know if you have a If

question, if you have a question, which I don't encourage. you want to take a break during the day, that's fine. talking about the first part, we want to take a break.

I'm not But I

don't want to know what you're doing and the parties don't want to know. And obviously when you've reached a verdict, you'll But don't get into any substance about where you

tell us that.

are with your deliberations. JURY FOREMAN: THE COURT: Okay.

I'm going to send you home for the

I order you not to have any communications with any

other human being about where you are in your deliberations, what you're talking about; and you can only deliberate, again, when all 12 of you are in the room. So I'll order that you return tomorrow at nine

Does that work for all of you? JURY FOREMAN: THE COURT: Yes, sir. And then the court will provide

Okay.

another gourmet lunch for your enjoyment, as the old saying goes. And then whenever you take breaks for any purpose, you

need to suspend your deliberations and only resume the deliberations when all 12 of you are in the room.

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So you're free to go for the evening. And let me just mention one other thing. There's a

reporter in the courtroom now, which he has a right to be here, and he was here earlier, so that it's likely that there will be some article in The Denver Post tomorrow about what happened in court today, which is fine as well. But I order you not to

read anything in either newspaper or listen to anything on the radio or television about this case since you need to ensure that all of your information is coming from what you've learned in court and within the confines of your confidential deliberations. So with that said, you're free to go, and I order that you report promptly at 9 a.m. tomorrow morning to the jury deliberation room. THE COURTROOM DEPUTY: (Jury out at 5:12 p.m.) THE COURT: Have a seat. All rise.

Normally when notes from the jury are submitted, they are filed. What are the parties' respective positions on

whether this note from the jury should be filed or not. MR. LEWIS: this case. THE COURT: All right. Fair enough. Judge, I think they all should be filed in

Do you agree? MS. TAYLOR: If the defense has no objection, we have

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no objection. THE COURT: All right. All right. Then we'll do that.

We'll be in recess until tomorrow morning.

Or whenever we need to tomorrow. (Recess at 5:13 p.m.) REPORTER'S CERTIFICATE I certify that the foregoing is a correct transcript from the record of proceedings in the above-entitled matter. Dated at Denver, Colorado, this 19th day of May, 2008.

s/KaraSpitler_________________ Kara Spitler