Free Proposed Jury Instructions - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2432

Filed 03/23/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 1:00-cr-000531-WYD-1 UNITED STATES OF AMERICA, Plaintiff, v. 1. WILLIAM CONCEPCION SABLAN, Defendant. ________________________________________________________________________ GOVERNMENT'S STIPULATED PROPOSED JURY INSTRUCTIONS FOR THE PENALTY PHASE ________________________________________________________________________ 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 stipulated proposed jury instructions for the penalty phase. Respectfully submitted, 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

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Filed 03/23/2007

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GOVERNMENT'S REVISED INSTRUCTION NO. 1 (Duty to Follow Instructions) Now that you have heard all of the evidence that is to be received in this sentencing hearing, or penalty phase, and before hearing the arguments of counsel, it is the duty of the Court to give you the final instructions to guide you in your decision. Each of you will have a copy of these instructions for your reference during your deliberations. All of the instructions of law given to you by the Court ­ those given to you at the beginning of the penalty phase, those given to you during this phase of the trial, and these final instructions ­ must guide and govern your deliberations. It is your duty as jurors to follow the law as stated in all of the instructions of the Court and to apply these rules of law to the facts as you find them to be from the evidence received. Counsel may properly refer to some of these instruction in their closing arguments. If, however, any difference appears to you between the law as stated by counsel and that as I have stated in these instructions, you of course are to be governed by the instructions I have given you. Regardless of any opinion you may have as to what the law is or ought to be, it would be a violation of your sworn duty to base any part of your decision upon any other view or opinion of the law than that given in my instructions. The process by which you reach your decision requires that you make and record -2-

Case 1:00-cr-00531-WYD

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certain findings in a specific order. To ensure that your findings are stated clearly and in the required sequence, I will give you a Special Findings Form. In light of the complexity and importance of your task, it is essential that you consider and follow the instructions and Special Findings Form together as you conduct your deliberations.

Note: Modification of Defendant's Proposed Instruction.

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Case 1:00-cr-00531-WYD

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Filed 03/23/2007

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GOVERNMENT'S REVISED INSTRUCTION NO. 2 (Evidence) The evidence in this phase of the trial consists of sworn testimony of the witnesses (regardless of who may have called them), all exhibits received in evidence (regardless of who may have produced them), stipulations that counsel agreed to (although you are not required to accept the stipulation as evidence and regard that fact as proven, because you are the sole judges of the facts), and facts that I have judicially noticed. Nothing else is evidence. Counsel's statements and arguments are not evidence. Their questions and objections are not evidence. My legal rulings are not evidence. And my comments and questions are not evidence. Any proposed testimony or proposed exhibit to which I sustained an objection and any testimony or exhibits I have ordered stricken must be disregarded entirely. You must completely disregard such proposed, but rejected, evidence. Do not speculate about what a witness might have said or what an exhibit might have shown. These things are not evidence, and you are bound by your oath not to let them influence your decision in any way. Anything you may have seen or heard outside the courtroom is not evidence in this case and must be disregarded entirely. You are to base your verdict only on the evidence received in the case. There are two types of evidence which are generally presented during a trial: direct evidence and circumstantial evidence. Direct evidence is the testimony of a person who -4-

Case 1:00-cr-00531-WYD

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asserts or claims to have actual knowledge of a fact, such as an ear- or eyewitness. Circumstantial evidence is proof of a chain of acts and circumstances indicating the existence of a fact. The law makes not distinction between the weight or value to be given to either direct or circumstantial evidence. You should weigh all of the evidence in the case. While you must consider only the evidence in this case, you are permitted to draw reasonable inferences from the testimony and exhibits, inferences you feel are justified in light of common experience. An inference is a conclusion that reason and common sense may lead you to draw from facts which have been proved. By permitting such reasonable inferences, you may make deductions and reach conclusions that reason and common sense lead you to draw from the facts which have been established by the testimony and evidence in this case.

Note: Court's Liability Phase Instruction No. 4. -5-

Case 1:00-cr-00531-WYD

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GOVERNMENT'S REVISED INSTRUCTION NO. 3 (Credibility of Witnesses) You are the sole judges of the credibility or "believability" of each witness and the weight to be given to the witness's testimony. You may decide to believe all of a witness's testimony, only a portion of it, or none of it. In making your assessment you should carefully scrutinize all of the testimony given by the witnesses, the circumstances under which each witness has testified, and every matter in evidence which tends to show whether a witness, in your opinion, is worthy of belief. Consider each witness's intelligence, motive to falsify, state of mind, and appearance and manner while on the witness stand. Consider the witness's ability to observe the matters as to which he or she has testified and consider whether he or she impresses you as having an accurate memory or recollection of these matters. Consider also any relation a witness may bear to either side of the case, the manner in which each witness might be affected by your verdict, and the extent to which, if at all, each witness is either supported by or contradicted by other evidence in the case. Inconsistencies or discrepancies in the testimony of a witness or between the testimony of different witnesses may or may not cause you to disbelieve or discredit such testimony. Two or more persons witnessing an incident or a transaction may simply see or hear it differently. Innocent misrecollection, like failure of recollection, is not an uncommon experience. In weighing the effect of a discrepancy, however, always consider whether it pertains to a matter of importance or an insignificant detail and -6-

Case 1:00-cr-00531-WYD

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consider whether the discrepancy results from innocent error or from intentional falsehood. After making your own judgment or assessment concerning the believability of a witness, you can then attach such importance or weight to that testimony, if any, that you feel it deserves. In some cases, such as this one, scientific, technical, or other specialized knowledge may assist the jury in understanding the evidence or in determining a fact in issue. A witness who has knowledge, skill, experience, training or education, may testify and state an opinion concerning such matters. You may accept such an opinion in whole or in part, or reject it in whole or in part. You should consider opinion testimony just as you consider other testimony in this trial. Give opinion testimony as much weight as you think it deserves, considering the education and experience of the witness, the soundness of the reasons given for the opinion, and other evidence in the trial. As stated before, you, the jury, are the sole judges of the facts in this case.

Note: Adapted from Instructions Nos. 7 and 11 of Court's Liability Phase Instructions.

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Case 1:00-cr-00531-WYD

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Filed 03/23/2007

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GOVERNMENT'S REVISED INSTRUCTION NO. 4 (Age) As part of the eligibility stage of your deliberations, you must unanimously find beyond a reasonable doubt that the government has proven that William Sablan was at least 18 years old at the time of Mr. Estrella's murder. If you do so find, answer "yes" on the appropriate page of the Special Findings Form and continue your deliberations. If you do not so find, answer "no" on the Form, proceed immediately to section IV of the Form, and certify your decision as described in section IV, which will conclude your deliberations.

Note: Modification of Defendant's Proposed Instruction.

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Case 1:00-cr-00531-WYD

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Filed 03/23/2007

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CERTIFICATE OF SERVICE I hereby certify that on this 23rd day of March 2007, I electronically filed the foregoing GOVERNMENT'S STIPULATED PROPOSED JURY INSTRUCTIONS FOR THE PENALTY PHASE 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]

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