Free Motion in Limine - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2435

Filed 03/26/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 1:00-cr-00531-WYD UNITED STATES OF AMERICA, Plaintiff, v. WILLIAM CONCEPCION SABLAN, Defendant. WILLIAM SABLAN'S RENEWED MOTION IN LIMINE RE: EXPERT WITNESSES Defendant William Sablan, through undersigned court-appointed counsel, submits his Renewed Motion In Limine re: Expert Witnesses. 1) After extensive hearings, the Court ruled on January 19, 2007 (Dk#

2194) that any experts disclosed after December 18, 2006 will be excluded as untimely. 2) On March 16, 2007, the Government listed Dr. Carlos Tomelleri

and Gregory Hershberger as potential rebuttal witnesses. 2) 3) 4) They are experts. They are not permitted to testify by Court Order. The defendant should not be forced to litigate, and re-litigate, this

issue in the middle of the Penalty Phase. For example, the government listed Dr. Frederick as a Penalty Phase witness on March 16, 2007. The defendant was forced to point out in the transcript where the Court specifically prohibited Dr. Frederick from testifying in the Penalty Phase; only then would the government

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Case 1:00-cr-00531-WYD

Document 2435

Filed 03/26/2007

Page 2 of 2

finally acknowledge that Frederick cannot testify in the Penalty Phase. At some point, the government needs to accept the Court's Order that experts not disclosed by December 18, 2006 will not be permitted to testify at the Penalty Phase. WHEREFORE, the defendant seeks a final Order from the Court reaffirming that experts not listed by the government by December 18, 2006 are not permitted to testify during the Penalty Phase. Dated: March 26, 2007 Respectfully submitted,

/s/ Patrick J. Burke
Patrick J. Burke Patrick J. Burke, P.C. 1660 Wynkoop Street, Ste 810 Denver, CO 80202 (303) 825-3050 Nathan Chambers Chambers, Dansky & Mulvahill 1601 Blake Street, #300 Denver, CO 80202 (303) 825-2222 Susan L. Foreman 1660 Wynkoop Street, Ste 810 Denver, Colorado 80202 (303) 825-3050 CERTIFICATE OF SERVICE

I hereby certify that on this 26th day of March, 2007 a true and correct copy of the foregoing was filed with the Clerk of the Court using the CM/ECF system and was served via electronic mail to the following: Brenda Taylor ([email protected]) Phil Brimmer ([email protected]) /s/ Jennifer J. Feldman

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