Free Jury Trial - Death Penalty Phase - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2469

Filed 04/02/2007

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WILEY Y. DANIEL ___________________________________________________________________________ Date: April 2, 2007 Courtroom Deputy: Robert R. Keech Court Reporter/ECR: Kara Spitler

Prob/Pret: Interpreters:

N/A N/A

___________________________________________________________________________ Criminal Case No. 00-cr-00531-WYD UNITED STATES OF AMERICA, Plaintiff, v. 1. WILLIAM CONCEPCION SABLAN, Defendant. Patrick J. Burke Nathan D. Chambers Susan L. Foreman (p.m.) Counsel: Brenda K. Taylor Philip A. Brimmer

___________________________________________________________________________ COURTROOM MINUTES ___________________________________________________________________________ TRIAL TO JURY - PENALTY PHASE (DAY 35) 8:42 a.m. Court in Session - Defendant present (in-custody) - Jury not present Court' remarks regarding schedule for today. s 8:45 a.m. Jury enters Defendant' witness Frank Fortunati sworn. s Direct examination by Defendant (Mr. Burke). EX ID: L, L-1, L-4 Exhibit/s L, L-1 RECEIVED. Witness tendered and accepted as an expert. -1-

Case 1:00-cr-00531-WYD

Document 2469

Filed 04/02/2007

Page 2 of 4

Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes 9:24 a.m. 9:29 a.m. 9:32 a.m. 9:33 a.m. 9:35 a.m. Cross examination by Government (Mr. Brimmer). Re-Direct examination by Defendant (Mr. Burke). Re-Cross examination by Government (Mr. Brimmer). Bench conference regarding objection by Defendant - DEFERRED. Jury excused Re-Cross examination by Government continues (Mr. Brimmer). 9:37 a.m. 9:42 a.m. 9:48 a.m. Discussion and argument regarding objection by Defendant - SUSTAINED. Discussion regarding the report about the competency of the Defendant. Jury enters Re-Cross examination by Government continues (Mr. Brimmer). 9:49 a.m. Defendant' witness Grace Marie Santos sworn. s Direct examination by Defendant (Mr. Burke). 9:54 a.m. Defendant' witness April Santos Sablan sworn. s Direct examination by Defendant (Mr. Burke). EX ID: O Exhibit/s O RECEIVED. 10:03 a.m. Defendant rests.

Exhibit/s A, B, D, E, F, H, I, J, K, N, O, P, R (from guilt/innocence phase of trial) RECEIVED. 10:04 a.m. Bench conference regarding scheduling issue as to Government' rebuttal s witnesses. Jury excused

10:07 a.m.

-2-

Case 1:00-cr-00531-WYD

Document 2469

Filed 04/02/2007

Page 3 of 4

Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes Court' remarks to counsel regarding finding out if Government' rebuttal s s witnesses are available today. 10:07 a.m. 10:27 a.m. ORDERED: 10:28 a.m. Court in Recess Court in Session - Jury not present Jury instruction conference is set for Monday, April 2, 2007, at 2:00 p.m. Jury enters Government has no rebuttal case. 10:29 a.m. 10:30 a.m. Court' remarks to jurors regarding schedule. s Jury excused Defendant' presence is waived for the jury instruction conference today by Mr. s Burke. No objection by Government. 10:31 a.m. 2:27 p.m. Court in Recess Court in Session - Jury not present Susan L. Foreman also present JURY INSTRUCTION CONFERENCE Discussion regarding jury instruction #6 - COURT WILL GIVE THIS INSTRUCTION AS MODIFIED. #7 #30 #14 3:30 p.m. 3:52 p.m. OBJECTION BY GOVERNMENT - OVERRULED OBJECTION BY GOVERNMENT - COURT WILL MODIFY - OBJECTION BY GOVERNMENT - OVERRULED OBJECTION BY GOVERNMENT AND DEFENDANT - DEFERRED Court in Recess Court in Session - Jury not present Discussion regarding time limits for closing arguments. -3-

Case 1:00-cr-00531-WYD

Document 2469

Filed 04/02/2007

Page 4 of 4

Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes ORDERED: Closing arguments shall not exceed one (1) hour and thirty (30) minutes per side. Mr. Burke is excused for the remainder of the afternoon. OBJECTION BY GOVERNMENT AND DEFENDANT - COURT WILL MODIFY OVER OBJECTION OBJECTION BY DEFENDANT - COURT WILL MODIFY - OVER OBJECTION OBJECTION BY DEFENDANT - OVERRULED

3:54 p.m. #14 #15 #16

Defendant' Tendered #15 is REFUSED. s Government' Tendered #16 is REFUSED. s SPECIAL FINDINGS FORM - OBJECTION BY GOVERNMENT AND DEFENDANT - COURT WILL MODIFY OVER OBJECTION OF GOVERNMENT ORDERED: Counsel shall arrive to pick up final jury instructions and special findings form on Tuesday, April 3, 2007, at 8:30 a.m. Defendant is REMANDED into the custody of the U.S. Marshal. Court in Recess - HEARING CONTINUED

ORDERED: 4:27 p.m.

TOTAL TIME: 3:08

-4-