Agent’s attorneys seek more time before scheduled February jury trial

By Jonathon Shacat
Wick News Service
Published/Last Modified on Friday, January 4, 2008 3:02 PM MST


TUCSON — Attorneys representing a Border Patrol agent charged with murdering an illegal immigrant near Naco are requesting that a U.S. District judge postpone their client’s jury trial scheduled to start in February.


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

The court has not ruled on the request.

Corbett is charged with second-degree murder, manslaughter and negligent homicide of Francisco Javier Dominguez Rivera. The two-week trial is scheduled to start Feb. 26.

A pretrial hearing will be held on Feb. 25.

In the motion, Chapman says the prosecution has disclosed more than 1,000 pages of information, and the defense anticipates receiving even more prior to the trial.

He says the defense has located and consulted with several necessary experts. On Dec. 27, the defense disclosed to the state one of the experts, Elmer Pelligrino. The defense is continuing to consult other experts and will disclose them as soon as possible.

“The defense needs additional time, however, to consult with these experts prior to disclosure of their opinions. One expert in particular will likely not have a report available for at least a month, possibly more,” he says.

Also, Chapman says, the defense anticipates the state will call at least two expert witnesses at trial.

According to Chapman’s motion, the prosecuting attorneys were advised of the request to continue the trial and did not object.

Grant Woods is the lead special prosecutor for the case.

“Although we are about ready for trial and are looking forward to having a jury hear the evidence in this case, we do not want this case reversed on appeal because the defendant claims he wasn’t given adequate time to prepare for trial,” Woods said in an e-mail Thursday to the Herald/Review.

“(Chapman) has had almost a year now, and we have only been on the case for a few months, but if he feels he needs more time we will not oppose it, and think the motion should be granted. If the court feels otherwise, we will be ready to go on Feb. 25,” Woods continued.

In the past, U.S. District Judge David C. Bury has seemed reluctant to delay the trial.

During a status conference on Sept. 24, Bury set the trial date. At that time, Deputy Cochise County Attorney Gerald Till told the judge that someone else would prosecute the case in his place because he was planning to retire. Bury acknowledged that, but stated the trial date was firm.

During a pretrial hearing on Dec. 17, Bury also agreed to allow Jim Calle to substitute for Daniel Santander as co-counsel for the defendant, but he made clear he would not change the trial date as a result of the change.

Comments

    Mexico Forever wrote on Jan 7, 2008 11:26 AM:

    " Send him to jail. Maybe then none of the other agents will protect themselves and I can bring the rest of mi familia. "

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