Free Order on Motion for Discovery - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2630

Filed 10/11/2007

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Wiley Y. Daniel Criminal Case No. 00-cr-00531-WYD UNITED STATES OF AMERICA, Plaintiff, v. 1. WILLIAM CONCEPCION SABLAN, 2. RUDY CABRERA SABLAN Defendants. _____________________________________________________________________ ORDER _____________________________________________________________________ THIS MATTER is before the Court on a review of the Government's Status Report Regarding Privileged Documents (filed October 5, 2007). The Status Report advises as to the production of mental health documents relating to William Sablan that are responsive to Rudy Sablan's discovery motions (docket numbers 1534 and 1660). The status report indicates that counsel for the Government conferred with counsel for William Sablan as to the production of these documents and the claimed privilege by William Sablan. The report advises that counsel for William Sablan still object to production of certain documents based on privilege but have withdrawn their objection based on privilege to other documents. I first address the status of documents which William Sablan no longer objects to the disclosure of, as outlined in paragraph 4 of the status report. As to these documents, the report advises that William Sablan no longer claims a privilege since

Case 1:00-cr-00531-WYD

Document 2630

Filed 10/11/2007

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they were produced at his trial. The Government requests that the Court grant Rudy Sablan's discovery motions as to these documents and allow the Government to produce these documents to Rudy Sablan. This request is granted, and Rudy Sablan's Motions for Discovery of Brady Material (docket # 1534 and # 1660) are GRANTED as to these documents only. The Government shall produce those documents to counsel for Defendant Rudy Sablan. As to the remaining documents for which there is still an objection to disclosure of, Rudy Sablan's Motions for Discovery of Brady Material are DEFERRED. It is apparent from the status report that William Sablan's counsel needs to be present at the hearing on these motions so that counsel can argue on behalf of any documents that are still being claimed as privileged. A hearing is currently set on these discovery motions for Tuesday, October 23, 2007, at 3:00 p.m. The Court has conferred with counsel for William Sablan and is advised that counsel is available that date. Accordingly, counsel for William Sablan shall be present at that hearing and prepared to argue why these documents are privileged and not subject to disclosure to Rudy Sablan. Finally, the status report advises that certain documents marked "BLANK" in the status report and which are objected to on the basis of privilege are in the possession of the Bureau of Prisons and counsel for William Sablan. The report asserts that if the Court requests, counsel for William Sablan can provide copies of these documents to the Court for an in camera inspection, and that counsel for both Rudy and William Sablan agree with this procedure. Based on the foregoing, if counsel for William -2-

Case 1:00-cr-00531-WYD

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Sablan intends to object to disclosure of such documents to Rudy Sablan based on privilege, counsel shall provide copies of these documents to the Court for an in camera review no later than 48 hours prior to the October 23, 2007, hearing. In conclusion, it is ORDERED that Rudy Sablan's Motions for Discovery of Brady Material (docket # 1534 and # 1660) are GRANTED IN PART AND DEFERRED IN PART consistent with this Order. It is FURTHER ORDERED that the Government shall produce to Defendant Rudy Sablan those documents for which William Sablan is no longer asserting a privilege based on their disclosure at his trial (as referenced in paragraph 4 of the status report). It is FURTHER ORDERED that counsel for William Sablan shall be present at the hearing on October 23, 2007, at 3:00 p.m. and prepared to argue why the documents that it objects to disclosure of are privileged. While William Sablan is represented by more than one attorney, only one attorney need be present at the hearing. Finally, it is ORDERED that no later than 48 hours prior to the hearing on October 23, 2007, counsel for William Sablan shall produce to the Court for an in camera review the documents that are marked "BLANK" in the status report and which counsel objects to disclosure of.

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Case 1:00-cr-00531-WYD

Document 2630

Filed 10/11/2007

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Dated: October 11, 2007 BY THE COURT:

s/ Wiley Y. Daniel Wiley Y. Daniel U. S. District Judge

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