Free Evidentiary Hearing - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2002

Filed 11/07/2006

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WILEY Y. DANIEL ___________________________________________________________________________ Date: November 7, 2006 Courtroom Deputy: Robert R. Keech Court Reporter/ECR: Kara Spitler

Prob/Pret: Interpreter:

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 Susan L. Foreman Counsel: Brenda K. Taylor Philip A. Brimmer

___________________________________________________________________________ COURTROOM MINUTES ___________________________________________________________________________ EVIDENTIARY HEARING ON PHASE 3 MOTIONS (DAY 2) 9:34 a.m. 9:35 a.m. 9:37 a.m. Court in Session - Defendant present (in-custody) Proffers by Government regarding exhibits 6 and 8 (Mr. Brimmer). Defendant plays exhibit 3Q.

Defendant' Exhibit 3Q RECEIVED. s 9:49 a.m. Government' witness Christopher B. Synsvoll sworn. s Direct examination by Government (Ms. Taylor). 10:13 a.m. Cross examination by Defendant (Mr. Burke). EX ID: 12A -1-

Case 1:00-cr-00531-WYD

Document 2002

Filed 11/07/2006

Page 2 of 4

Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes

10:35 a.m. 10:37 a.m. 10:40 a.m. 10:44 a.m. 11:08 a.m.

Re-Direct examination by Government (Ms. Taylor). Court' examination of witness. s Discussion regarding Government exhibit 10B (videotape). Court in Recess Court in Session Government plays exhibit 10B (videotape).

11:51 a.m.

Government rests Defendant has no evidence to present.

11:52 a.m. 1:55 p.m.

Court in Recess Court in Session Court' remarks regarding jury questionnaire and jury selection taking place in s the Rogers courthouse in courtroom 202.

1:56 p.m.

Discussion regarding the use of real time by counsel and the necessity for an interpreter during jury selection and counsel indicates that an interpreter is not necessary during jury selection. Argument by Government (Ms. Taylor). Argument by Defendant (Mr. Burke). Argument by Government (Ms. Taylor). Argument by Defendant (Mr. Burke). Argument by Government (Ms. Taylor). Argument by Defendant (Mr. Burke). Argument by Government (Ms. Taylor). -2-

2:02 p.m. 2:24 p.m. 2:29 p.m. 2:30 p.m. 2:31 p.m. 2:42 p.m. 2:52 p.m.

Case 1:00-cr-00531-WYD

Document 2002

Filed 11/07/2006

Page 3 of 4

Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes

2:56 p.m. 2:57 p.m. 3:00 p.m. 3:03 p.m.

Argument by Defendant (Mr. Burke). Argument by Government (Ms. Taylor). Argument by Defendant (Mr. Burke). Argument by Government (Ms. Taylor). Court distributes proposed letter to prospective jurors and initial jury questionnaire to counsel for their review during the recess.

3:10 p.m. 3:37 p.m.

Court in Recess Court in Session Court' further remarks regarding initial jury questionnaire. s

3:39 p.m.

Mr. Burke indicates that they will waive William Sablan' presence for the s remainder of today and tomorrow. William Sablan is REMANDED into the custody of the U.S. Marshal. Discussion regarding proposed changes to the proposed letter to prospective jurors and initial jury questionnaire. Counsel shall file something related to issues about the initial jury questionnaire not later than Thursday, November 9, 2006. Counsel shall file position statements on the initial jury questionnaire not later than Tuesday, November 13, 2006. Argument by Government (Ms. Taylor). Argument by Defendant (Mr. Burke). Argument by Government (Ms. Taylor). Argument by Defendant (Ms. Foreman).

ORDERED: 3:40 p.m.

ORDERED:

ORDERED:

4:16 p.m. 4:22 p.m. 4:30 p.m. 4:37 p.m.

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Case 1:00-cr-00531-WYD

Document 2002

Filed 11/07/2006

Page 4 of 4

Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes

ORDERED:

Parties shall submit supplemental briefs, on the cases mentioned, by Tuesday, November 14, 2006. Argument by Government (Mr. Brimmer). Argument by Defendant (Mr. Burke). Court outlines areas to be argued tomorrow and at the two-day hearing set to commence on Thursday, November 16, 2006.

4:44 p.m. 4:49 p.m.

4:58 p.m.

Discussion regarding the fact that the U.S. Marshal' will need to be aware that s William Sablan will need to be present in the courtroom tomorrow. Court in Recess - HEARING CONTINUED

5:00 p.m.

TOTAL TIME: 4:32

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