Free Proposed Jury Instructions - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2449

Filed 03/30/2007

Page 1 of 15

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 1:00-cr-000531-WYD-01 UNITED STATES OF AMERICA, Plaintiff, v. 1. WILLIAM CONCEPCION SABLAN, Defendant. ________________________________________________________________________ GOVERNMENT'S PROPOSED REVISION TO COURT'S JURY INSTRUCTIONS 15 AND 16 AND VERDICT FORMS ________________________________________________________________________ The United States of America, by Troy A. Eid, United States Attorney for the District of Colorado, through Brenda Taylor and Philip A. Brimmer, Assistant United States Attorneys, respectfully submits its proposed revision to court's jury instructions 15 and 16 and verdict forms

Case 1:00-cr-00531-WYD

Document 2449

Filed 03/30/2007

Page 2 of 15

Respectfully submitted this 30th day of March, 2007. TROY A. EID United States Attorney BY: s/ Brenda K. Taylor BRENDA K. TAYLOR Assistant U.S. Attorney U.S. Attorney's Office 1225 17 th Street, Suite 700 Denver, Colorado 80202 Telephone (303)454-0100 FAX: (303) 454-0406 E-mail address: [email protected] Attorney for Government BY: s/ Philip A. Brimmer PHILIP A. BRIMMER Assistant U.S. Attorney U.S. Attorney's Office 1225 17 th Street, Suite 700 Denver, Colorado 80202 Telephone (303)454-0100 FAX: (303) 454-0406 E-mail address: [email protected] Attorney for Government

Case 1:00-cr-00531-WYD

Document 2449

Filed 03/30/2007

Page 3 of 15

GOVERNMENT'S REVISED COURT'S INSTRUCTION NO. 15

After completing your findings regarding aggravating and mitigating factors, you must engage in a weighing process to determine whether a sentence of death is justified. In this process, you 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. 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 or value 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

-3-

Case 1:00-cr-00531-WYD

Document 2449

Filed 03/30/2007

Page 4 of 15

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.

3.11 Pattern Jury Instructions, Criminal Cases, Tenth Circuit (2005)

-4-

Case 1:00-cr-00531-WYD

Document 2449

Filed 03/30/2007

Page 5 of 15

GOVERNMENT'S REVISED COURT'S INSTRUCTION NO. 16

If you do not unanimously find that the aggravating factors sufficiently outweigh the mitigating factors to justify a sentence of death­or in the absence of any mitigating factor, that the aggravating factors, considered alone, justify a sentence of death­answer "no" on the Special Findings Form, sign Verdict III­B (Life Imprisonment), and certify your decision as described in section IV of the Form, which will end your deliberations. If you unanimously find that the comparative weight of the aggravating factor(s)is sufficient to justify a sentence of death, answer "yes" on the Special Findings Form, sign Verdict III­A (Sentence of Death), and certify your decision as described in section IV of the Form.

3.11 Pattern Jury Instructions, Criminal Cases, Tenth Circuit (2005) -5-

Case 1:00-cr-00531-WYD

Document 2449

Filed 03/30/2007

Page 6 of 15

SPECIAL FINDINGS FORM I. Findings Regarding Defendant's Eligibility for a Death Sentence A. Defendant's Age at Time of Offense Do you unanimously find that the government proved beyond a reasonable doubt that William Sablan was at least eighteen (18) years of age at the time he committed the offense for which sentence is to be imposed? YES _______ NO _______ If you answered "yes," proceed to the next section (I­B) of this Form. If you answered "no," then stop your deliberations, sign the section of this Form indicating a verdict of life imprisonment, certify your decision as described in section IV, and notify the Court that you have reached a decision. B. Defendant's Intent in Commission of Offense For each type of intent specified below, answer "yes" or "no" according to whether you unanimously find that the government proved beyond a reasonable doubt that William Sablan acted with the specified intent: 1. The defendant intentionally killed the victim; YES _______ NO _______

-6-

Case 1:00-cr-00531-WYD

Document 2449

Filed 03/30/2007

Page 7 of 15

2. The defendant intentionally inflicted serious bodily injury that resulted in the victim's death; YES _______ NO _______ 3. The defendant intentionally participated in an act, contemplating that a person's life would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and the victim died as a result of the act; YES _______ NO _______ 4. The defendant intentionally and specifically engaged in an act of violence, knowing that the act created a grave risk of death to a person, other than one of the participants in the offense, such that participation in the act constituted a reckless disregard for human life and the victim died as a direct result of the act. YES _______ NO _______ If you answered "yes" to one or more of these alternatives, proceed to the next section (I­C) of this Form. If you answered "no" to all of them, then stop your deliberations, sign the section of this Form indicating a verdict of life imprisonment, certify your decision as described in section IV, and notify the Court that you have reached a decision. -7-

Case 1:00-cr-00531-WYD

Document 2449

Filed 03/30/2007

Page 8 of 15

C. Statutory Aggravating Factors The government has alleged that the following statutory aggravating factors are present in this case. For each factor, answer "yes" or "no" according to whether you unanimously find that the government proved the existence of the factor beyond a reasonable doubt: 1. William Sablan was previously convicted of a federal or state offense punishable by a term of imprisonment of more than one year, involving the use or attempted or threatened use of a firearm against another person: YES _______ NO _______ 2. William Sablan committed the offense in an especially heinous or depraved manner in that it involved serious physical abuse to the victim: YES _______ NO _______ If you answered "yes" to one or more of these statutory aggravating factors, you have found the defendant eligible for a death sentence and you should proceed to the next section (II) of this Form to select a sentence of death or a sentence of life imprisonment without the possibility of release. If you answered "no" to all of these factors, then you have found the defendant ineligible for a death sentence and you should stop your deliberations, sign the section of this Form indicating a verdict of life imprisonment,

-8-

Case 1:00-cr-00531-WYD

Document 2449

Filed 03/30/2007

Page 9 of 15

certify your decision as described in section IV, and notify the court that you have reached a decision. II. Findings Regarding Selection of the Sentence A. Non-Statutory Aggravating Factor The government has alleged that the following non-statutory aggravating factor is present in this case. Answer "yes" or "no" according to whether you unanimously find that the government proved the existence of the factor beyond a reasonable doubt: 1. Future Dangerousness of the Defendant: William Sablan is likely to commit criminal acts of violence in the future which would be a continuing and serious threat to the lives and safety of others. YES _______ NO _______ Regardless of your findings on the non-statutory factor, you must proceed to the next section (II­B) of this Form. B. Mitigating Factors William Sablan has alleged that the following mitigating factors are present in this case. For each of these factors, answer "yes" or "no" according to whether any juror (or jurors) finds that the defendant has proved the existence of the mitigating factor by a preponderance of the evidence. Also for each of these factors, indicate in the space provided the number of juror(s) who have found the existence of that factor. -9-

Case 1:00-cr-00531-WYD

Document 2449

Filed 03/30/2007

Page 10 of 15

Insert mitigating factors and after each factor, include space for jury to indicate number of jurors who so found. As explained in the Court's instructions, the law permits you to consider any other relevant mitigating information, in addition to the specific mitigating factors alleged by the defendant listed above, so long as you find that it was proved by a preponderance of the evidence. As with specific mitigating factors, your findings in this regard need not be unanimous. Did one or more jurors find that other relevant mitigating evidence was provided? YES _______ NO _______ If you answered "yes," list the additional mitigation information you found to be present in the space provided immediately below: _____________________________________________________________ _____________________________________________________________ When you have completed your findings regarding mitigation, proceed to the next section (II­C) of this Form, where you will weigh the aggravating factor(s) with the mitigating factor(s), if any, that you have found to be present in this case. C. Selection of Sentence The question you must answer at this stage of your deliberations is whether the proven aggravating factor(s) sufficiently outweigh the proven mitigating factor(s) and information to justify a sentence of death or, if you have not found any mitigation present, -10-

Case 1:00-cr-00531-WYD

Document 2449

Filed 03/30/2007

Page 11 of 15

whether the aggravating factor(s) considered alone justify a death sentence. If you unanimously find that the weight of the aggravating factors is sufficient to justify a sentence of death, answer "yes" below, record your verdict on Verdict--Sentence of Death, certify your decision as described in section IV, and notify the court that you have reached a decision. If you do not unanimously find that a death sentence is justified, answer "no" below, stop your deliberations, sign Verdict--Life Imprisonment, certify your decision as described in section IV, and notify the court that you have reached a decision. YES _______ NO _______ III. Sentence Fill in the appropriate verdict form and then proceed to section IV, and certify your decision as described in section IV, which concludes your deliberations.

-11-

Case 1:00-cr-00531-WYD

Document 2449

Filed 03/30/2007

Page 12 of 15

VERDICT­SENTENCE OF DEATH Based upon our consideration of the evidence and in accordance with the Court's instructions, we find by unanimous vote that William Sablan shall be sentenced to death. 1. _______________________ 2. _______________________ 3. _______________________ 4. _______________________ 5. _______________________ 6. _______________________ 7. _______________________ 8. _______________________ 9. _______________________ 10.______________________ 11. ______________________ 12. ______________________ Foreperson

Dated this ____ day of ____________, 2007.

-12-

Case 1:00-cr-00531-WYD

Document 2449

Filed 03/30/2007

Page 13 of 15

VERDICT­LIFE IMPRISONMENT Based upon our consideration of the evidence and in accordance with the Court's instructions, we find that William Sablan shall be sentenced to life imprisonment without possibility of release. 1. _______________________ 2. _______________________ 3. _______________________ 4. _______________________ 5. _______________________ 6. _______________________ 7. _______________________ 8. _______________________ 9. _______________________ 10.______________________ 11. ______________________ 12. _____________________ Foreperson

Dated this _____ day of ___________, 2007.

-13-

Case 1:00-cr-00531-WYD

Document 2449

Filed 03/30/2007

Page 14 of 15

IV. Certification By signing below, each juror certifies that per se consideration of the race, color, religious beliefs, national origin, or gender of the defendant or the victim was not involved in reaching his or her individual decision, and that the individual juror would have made the same decision regarding the appropriate sentence for the offense in question regardless of the race, color, religious beliefs, national origin, or gender of the defendant or the victim. 1. _______________________ 2. _______________________ 3. _______________________ 4. _______________________ 5. _______________________ 6. _______________________ 7. _______________________ 8. _______________________ 9. _______________________ 10.______________________ 11. ______________________ 12. ______________________ Foreperson Dated this _______ day of _______________, 2007.

-14-

Case 1:00-cr-00531-WYD

Document 2449

Filed 03/30/2007

Page 15 of 15

CERTIFICATE OF SERVICE I hereby certify that on this _______ day of March 2007, I electronically filed the foregoing GOVERNMENT'S PROPOSED REVISION TO COURT'S JURY INSTRUCTIONS 15 AND 16 AND VERDICT FORMS with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Attorneys for William Sablan Patrick J. Burke [email protected] Nathan Dale Chambers [email protected] [email protected] Susan Lynn Foreman [email protected]

s/ Janet D. Zinser JANET D. ZINSER Supervisory Legal Assistant U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Phone (303) 454-0327 ` Fax (303) 454-0403 E-mail address [email protected]

-15-