Free Motion to Continue - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 1837

Filed 07/10/2006

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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. RUDY CABRERA SABLAN, et al. Defendant. ______________________________________________________________________________ MOTION FOR CONTINUANCE OF AUGUST 28, 2006 HEARING ON PHASE III MOTIONS ______________________________________________________________________________ Rudy Sablan, by and through counsel, requests an order rescheduling the hearing on Phase III motions currently set for August 28, 2006. As grounds for the relief requested herein, Mr. Sablan states as follows: 1. This capital case is scheduled for a one-week hearing on Phase III motions to

commence on August 28, 2006. This is an evidentiary hearing which will include testimony from BOP inmates, staff and others. It will establish the evidentiary roadmap for any penalty phase hearing in this case. 2. At the time the hearing was set, counsel for Mr. Sablan advised the Court of a

scheduling conflict with United States v. Zapata, 04-cr-00403-LTB, in which a six-week trial is scheduled to commence on August 14, 2006. Counsel for Mr. Sablan raised this issue again at the hearing in May. The August 28th date was maintained in this case in the hope that the Zapata case would be resolved by plea agreements and the Sablan motions could go forward. While plea

Case 1:00-cr-00531-WYD

Document 1837

Filed 07/10/2006

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agreements have been reached as to many of the Zapata defendants, the defendant represented by counsel for Mr. Sablan has not entered into an agreement and, at this time, it appears likely that he will go to trial. Judge Babcock has indicated that jury selection will begin on August 21st and AUSA Stephanie Podolak estimates a three-week trial. 3. There are several unresolved issues which will affect the subjects, scope and

presentation of the Phase III and remaining Phase II motions. The parties are also scheduled to file proffers regarding the Phase III evidence. The government's proffer and the Defendants' responses will be filed by August 7 th. Accordingly Mr. Sablan requests an order setting a status conference during the week of August 7 th, to reschedule the hearing and to discuss and focus the issues to be resolved in the hearing. Mr. Sablan is authorized to say that both the government and counsel for William Sablan join in this request. Counsel for W illiam Sablan wish to advise the Court, however, that Mr. Chambers is only available on August 7 th and 8th, and that Mr. Burke is unavailable that week. They are willing to waive the appearance of Mr. Burke and their client for the status conference. Rudy Sablan also requests waiver of his appearance if the Court sets a status conference. WHEREFORE, Defendant Rudy Sablan requests an order setting a status conference and rescheduling the hearing on Phase III motions in this matter.

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Case 1:00-cr-00531-WYD

Document 1837

Filed 07/10/2006

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Respectfully submitted, s/ Forrest W. Lewis Forrest W. Lewis FORREST W. LEWIS, P.C. 1600 Broadway, Suite 1525 Denver, Colorado 80202 Telephone: (303) 830-2190 Facsimile: (303) 830-1466 E-mail: [email protected] Donald R. Knight KNIGHT & MOSES, LLC 7852 S. Elati Street, Suite 201 Littleton, Colorado 80120 Telephone: (303) 797-1645 Facsimile: (303) 798-3872 E-mail: [email protected]

CERTIFICATE OF SERVICE I hereby certify that the foregoing MOTION FOR CONTINUANCE OF AUGUST 28, 2006 HEARING ON PHASE III MOTIONS was electronically filed with the Clerk of the Court using the CM/ECF system on this 10th day of July, 2006, which will send notification of such filing to the to the following e-mail addresses: Brenda Taylor [email protected] Philip Brimmer [email protected] Michael Hegarty [email protected] Patrick J. Burke [email protected] Dean Neuwirth [email protected] Nathan D. Chambers [email protected] s/Polly Ashley 3 Susan L. Foreman [email protected]