Free Order on Motion in Limine - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2453

Filed 03/28/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WILEY Y. DANIEL ___________________________________________________________________________ Date: March 28, 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 Counsel: Philip A. Brimmer

___________________________________________________________________________ COURTROOM MINUTES ___________________________________________________________________________ JURY INSTRUCTION CONFERENCE - PENALTY PHASE 1:38 p.m. Court in Session - Defendant not present (counsel waived his presence) - Jury not present Court' opening remarks. s Issue of evidence to be presented during penalty phase is raised for argument. 1:47 p.m. Discussion and argument regarding evidence to be presented by Defendant during the penalty phase.

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Case 1:00-cr-00531-WYD

Document 2453

Filed 03/28/2007

Page 2 of 3

Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes ORDERED: To the extent Dr. Fortunati has given opinions about the developmental history of the children and has conducted individual DSM diagnoses of the children, those areas are excludable because they're not proper mitigation. Testimony from family impact witnesses shall be limited as outlined by the Court. Discussion regarding schedule of witnesses. NO OBJECTION OBJECTION BY GOVERNMENT - OVERRULED NO OBJECTION OBJECTION BY GOVERNMENT - OVERRULED OBJECTION BY DEFENDANT - OVERRULED NO OBJECTION OBJECTION BY GOVERNMENT - OVERRULED Court in Recess Court in Session OBJECTION BY DEFENDANT - COURT WILL MODIFY PER AGREEMENT REACHED BY COUNSEL DURING RECESS OBJECTION BY DEFENDANT - OBJECTION WITHDRAWN OBJECTION BY GOVERNMENT - COURT WILL MODIFY - NO OBJECTION AS MODIFIED OBJECTION BY DEFENDANT - COURT WILL MODIFY PER AGREEMENT REACHED BY COUNSEL DURING RECESS OBJECTION BY DEFENDANT - OVERRULED OBJECTION BY DEFENDANT - COURT WILL MODIFY - NO OBJECTION OBJECTION BY DEFENDANT - COURT WILL MODIFY - NO OBJECTION OBJECTION BY DEFENDANT - DEFERRED OBJECTION BY GOVERNMENT - DEFERRED OBJECTION BY GOVERNMENT - DEFERRED OBJECTION BY GOVERNMENT - OVERRULED

2:13 p.m. #1 #2 #3 through #4 #5 #6 #7 #8 3:07 p.m. 3:31 p.m. #9 #10 #11 #12

#13 #14 #15 #16 #17 #18

Government' Proposed #1 (Penalty Phase) is REFUSED. s Government' Proposed #2 (Penalty Phase) is REFUSED. s ORDERED: Each side shall provide revised versions of jury instructions 15 and 16 not later than the morning of Friday, March 30, 2007. -2-

Case 1:00-cr-00531-WYD

Document 2453

Filed 03/28/2007

Page 3 of 3

Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes Special Findings Form OBJECTION BY GOVERNMENT and DEFENDANT - COURT WILL MODIFY - OBJECTION BY GOVERNMENT - OVERRULED

ORDERED:

Each side shall provide an ending for the special findings form not later than the morning of Friday, March 30, 2007. Defendant shall file, with the Court and government counsel, proposed numeration of mitigating factors not later than the close of defendant's case. Defendant' Renewed Motion in Limine Re: Expert Witnesses (#2435 - 3/26/07) s is raised for argument.

ORDERED:

4:51 p.m. 4:59 p.m. 5:01 p.m. 5:07 p.m. ORDERED:

Argument by Defendant (Mr. Burke). Argument by Government (Mr. Brimmer). Argument by Defendant (Mr. Burke). Argument by Government (Mr. Brimmer). Defendant' Renewed Motion in Limine Re: Expert Witnesses (#2435 - 3/26/07) s is DEFERRED. Court in Recess - HEARING CONCLUDED

5:12 p.m.

TOTAL TIME: 3:10

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