Free Proposed Jury Instructions - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2450

Filed 03/30/2007

Page 1 of 4

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 SUPPLEMENTAL JURY INSTRUCTIONS FOR THE PENALTY PHASE

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William Sablan, through court-appointed counsel, submits the attached proposed Jury Instructions for the Penalty Phase. Per the Court's Order of March 28, 2007, proposed amended Instruction No. 15 and Instruction No. 16 are submitted. Based on revisions ordered by the Court on March 28, 2007, Mr. Sablan has no objection to the Special Findings Form as currently drafted. Dated: March 30, 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 2450

Filed 03/30/2007

Page 2 of 4

INSTRUCTION NO. 15 After completing your findings regarding aggravating and mitigating factors, each juror must engage in a weighing process to determine whether a sentence of death is justified. In this process, you each must consider only those aggravating factors, statutory and non-statutory, that you unanimously found to exist. Each of you must also consider any mitigating factors that you individually found to exist, and you each may consider any mitigating factors found by any of the other jurors. Because the findings of mitigating factors are individual to each juror, the weighing that each of you must engage in is necessarily an individual process. Each of you must determine whether the proven aggravating factors sufficiently outweigh any proven mitigating factors to justify a sentence of death. The task of weighing aggravating and mitigating factors against each other, or weighing aggravating factors alone if there are no mitigating factors, is not a mechanical process. You should not simply count the number of factors, but consider the particular character of each, which may be given different weight by different jurors. What constitutes sufficient justification for a sentence of death in this case is exclusively left to you. Your role is to be the conscience of the community in making a moral judgment about the worth of an individual life balanced against the societal value of what the government contends is deserved punishment for the defendant's offense. Whatever aggravating and mitigating factors are found, a jury is never required to conclude the weighing process in favor of a sentence of death. But your decision must be a reasoned one, free from the influence of passion, prejudice, or arbitrary consideration.

Case 1:00-cr-00531-WYD

Document 2450

Filed 03/30/2007

Page 3 of 4

INSTRUCTION NO. 16 After each juror has performed his or her individual weighing process, the jury as a whole is to vote to reach a verdict. The Special Findings Form includes two verdict forms, one for a unanimous verdict for a sentence of death, the other for a unanimous verdict for a sentence of life imprisonment without possibility of release. Complete the form that reflects your vote. If you do not unanimously find that the aggravating factor(s) sufficiently outweigh the mitigating factor(s) to justify a sentence of death ­ or in the absence of any mitigating factor, that the aggravating factor(s), considered alone, justify a sentence of death ­ answer "no" on the Special findings Form, sign the section of the Form indicating a verdict of life imprisonment and certify your decision as described in section IV, which will end your deliberations. If you unanimously find that the comparative weight of the aggravating factors(s) is sufficient to justify a sentence of death, answer "yes' on the Special Findings Form, sign the section of the Form indicating a verdict of death, and certify your decision as described in section IV of the Form. If after reasonable efforts, you are unable to unanimously agree on a sentence, you are to indicatethat on page ___ of the Special Findings Form and the Court will sentence William Sablan to life imprisonment without possibility of release. Before you reach any conclusion based upon a lack of unanimity, you should continue your discussions until you are fully satisfied that no further discussion will lead to a unanimous decision.

Case 1:00-cr-00531-WYD

Document 2450

Filed 03/30/2007

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on March 30, 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