Judge will not postpone trial

By Jonathon Shacat
Wick News Service
Published/Last Modified on Tuesday, January 8, 2008 3:05 PM MST


BISBEE — A U.S. District judge in Tucson has denied a request to postpone a two-week jury trial for a U.S. Border Patrol agent charged with murdering an illegal immigrant near Naco.


Border Patrol Agent Nicholas Corbett is charged with second-degree murder, manslaughter and negligent homicide of Francisco Javier Dominguez Rivera of Mexico.

“It is ordered defendant’s motion to continue trial is denied. Trial remains set for Feb. 26, 2008, at 9:30 a.m.,” Judge David C. Bury says in an order dated Monday.

Sean Chapman, the lead defense attorney, filed the continuance motion on Jan. 2 asking for at least 60 more days to confer with experts, interview witnesses and review discovery for the case.

In an e-mail to the Herald/Review on Monday, Chapman commented, “The judge has ruled. That’s fine. We can and will be ready to try the case in February.”

Grant Woods, the lead special prosecutor for the case, did not object to the motion to continue trial.

“We have said all along that we are ready for trial and look forward to a jury hearing all of the evidence and reaching a verdict,” Woods said in an e-mail on Monday.

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