Free Notice (Other) - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2456

Filed 04/02/2007

Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 1:00-cr-00531-WYD UNITED STATES OF AMERICA, Plaintiff, v. WILLIAM CONCEPCION SABLAN, Defendant. ________________________________________________________________________ WILLIAM SABLAN'S NOTICE OF MITIGATING FACTORS

__________________________________________________________________
William Sablan, through court-appointed counsel, submits this notice of mitigating factors for the sentencing hearing. Counsel reserves the right to supplement this list based on evidence adduced at the sentencing hearing. Mitigating Factors: 1. Prior to Joey Estrella's death, William Sablan had been diagnosed with a Psychotic

Disorder, Posttraumatic Stress Disorder, and Traumatic Brain Injury. 2. William Sablan suffers from Posttraumatic Stress Disorder. This mental illness (together

with his other mental conditions) causes Mr. Sablan to suffer from recurrent and intrusive recollections and exaggerated startle response.. 3. William Sablan suffers from a Psychotic Disorder. This mental illness (together with his

other mental conditions) causes Mr. Sablan to suffer from a loss of touch with reality and from paranoia.

Case 1:00-cr-00531-WYD

Document 2456

Filed 04/02/2007

Page 2 of 6

4.

William Sablan suffers from the onset of dementia due to Traumatic Brain Injury and

Frontal Lobe Syndrome. This mental illness (together with his others mental conditions) causes Mr. Sablan to have poor judgment, poor reasoning and planning skills, and poor impulse control. 5. 6. William Sablan committed the offense under a severe mental and emotional disturbance. William Sablan's capacity to appreciate the wrongfulness of his conduct or to conform

his conduct to the requirements of the law was significantly impaired due to mental disease and/or defect, regardless of whether his capacity was so impaired as to constitute a defense of the charges 7 Upon William Sablan's arrival at the United States Penitentiary-Florence, the BOP failed

to conduct a psychological/medication evaluation despite the fact that his transfer papers indicated mental concerns and recommended that BOP officials "review psy/med on arrival". 8. Upon William Sablan's arrival at the United States Penitentiary-Florence, the Bureau of

Prisons ("BOP") placed him in cell 124 of the Special Housing Unit along with Rudy Sablan and Joey Estrella, despite the fact that the cell was designed to house only two people. 9. Prior to Joey Estrella's death, correctional officers were aware that the occupants of cell

124 were drinking hooch but did not intervene despite their duties to the contrary. 10. Prior to Joey Estrella's death, inmate Arthur Peck told correctional officer Forsythe that

the occupants of cell 124 were fighting, but Forsythe did not intervene despite his duties to the contrary. 11. Prior to Joey Estrella's death, inmate Arthur Peck told correctional officer Forsythe that

Rudy Sablan was choking Joey Estrella, but Forsythe did not intervene despite his duties to the contrary.

Case 1:00-cr-00531-WYD

Document 2456

Filed 04/02/2007

Page 3 of 6

12.

Prior to Joey Estrella's death, correctional officer Fuller failed to respond to one or more

duress alarms from cell 124 despite his duties to the contrary. 13. The circumstances that led to Joey Estrella's death existed, at least in part, because of

failure(s) by BOP officials to properly do their job(s). 14. 15. Joey Estrella initiated the assaultive conduct that ultimately resulted in his death. At an early stage of the confrontation between William Sablan and Joey Estrella, Mr.

Sablan attempted to resolve the dispute peacefully by asking Mr. Estrella to quit disrespecting him because he had shown Mr. Estrella respect. 16. Although he did not have to do so, William Sablan voluntarily talked to prison officials

and law enforcement authorities and provided them with valuable information. 17. Although William Sablan has been found guilty beyond a reasonable doubt, there

remains a lingering or residual doubt as to whether he personally inflicted the injuries that caused Joey Estrella's death. 18. Although William Sablan was found guilty beyond a reasonable doubt, there remains a

lingering or residual doubt as to whether he premeditated the death of Joey Estrella. 19. William Sablan's consumption of hooch may have clouded his judgment (although not to

the extent that it constituted a defense to the charge) but this cannot be determined with any certainty because an intoxilyzer was not used. 20. 21. William Sablan obtained only an 8th grade level of education. The BOP determined William Sablan's intelligence quotient (IQ) was 70 in 2005, which

is in the borderline mentally-retarded range. 22. William Sablan was raised in an abusive family and he consistently suffered physical and

emotional abuse at the hands of his father.

Case 1:00-cr-00531-WYD

Document 2456

Filed 04/02/2007

Page 4 of 6

23.

William Sablan rescued an individual who was at risk of drowning in the Pacific Ocean

off of a Saipan beach. 24. William Sablan retrieved the body of an individual who had drowned in the Pacific

Ocean off a Saipan beach. 25. William suffered two significant traumas in 1995, specifically the hit-and-run death of his

six-year-old daughter Mae on June 26, 1995, and a machete attack on September 16, 1995. These incidents adversely affected his mental health. 26. Prior to his incarceration, William Sablan was a good supporter of, and contributor to, the

well-being of his immediate and extended families. 27. William Sablan continues to be a concerned and loving father and grandfather, husband,

brother and son. 28. 29. William Sablan has a close and loving relationship with his children. William Sablan has had consistent contact with his immediate and extended family

during his incarceration in Colorado, and has continued to be a positive and active participant in the lives of his children. 30. The execution of William Sablan will cause emotional trauma to his innocent children

and have a negative impact upon their lives. 31. William Sablan is a talented artist and continues to rehabilitate himself through his

artwork. 32. 33. William Sablan has used his creative talents in a way that is beneficial to others. William Sablan can be safely managed in a prison setting, particularly now that the BOP

provides him with the medication he needs.

Case 1:00-cr-00531-WYD

Document 2456

Filed 04/02/2007

Page 5 of 6

34.

If sentenced to life imprisonment without possibility of release, William Sablan will

never be released from prison. 35. Life imprisonment without the possibility of release is a very severe punishment.

Dated: April 2, 2007 Respectfully submitted, s/ Nathan Chambers Nathan Chambers Chambers, Dansky & Mulvahill 1601 Blake Street, Suite 500 Denver, CO 80202 303-825-2222

Patrick J. Burke Patrick J. Burke P.C. 1660 Wynkoop Street, Suite 810 Denver, CO 80202 303-825-3050 Susan L. Foreman 1660 Wynkoop Street, Suite 810 Denver, CO 80202 303-825-3050 Counsel for William Sablan

Case 1:00-cr-00531-WYD

Document 2456

Filed 04/02/2007

Page 6 of 6

CERTIFICATE OF SERVICE I hereby certify that on April 2, 2007, I electronically filed the foregoing with the Clerk of the Court using the CM/EFC system which will send notification of such filing to the following e-mail addresses: [email protected] [email protected] [email protected] [email protected] /s/ Nathan Chambers