BISBEE — Attorneys prosecuting the case of a U.S. Border Patrol agent charged with murdering an illegal immigrant have filed a motion in federal court in Tucson asking a judge to order the FBI to release documents relating to the case.

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

On Nov. 30, the defense filed a motion requesting disclosure of materials that are favorable to the defendant or affect the credibility of the state’s case.

During a hearing Dec. 17, the prosecution notified the court that it was having difficulty obtaining discovery from federal agencies.

Judge David Bury told the attorneys that if the government does not comply, he would sign an order requiring it.

Special prosecutors Grant Woods and Tyrone Mitchell filed a motion Thursday requesting assistance from the court to get the documents.

“On December 4, 2007, the state of Arizona sent a subpoena to the FBI requesting all evidence relating to its investigation of this case. On or about December 27, 2007, an agent from the FBI contacted counsel and informed me that they would be producing documents within the next two weeks,” the motion says.

“On January 10, 2008, a representative of the FBI informed plaintiff that they would not be producing any materials for us to review on the advice of counsel,” it continues.

Sean Chapman, the lead defense attorney, filed a response Friday stating he does not object to the motion because it is an appropriate effort to obtain “discoverable” and “possibly exculpatory evidence.”

“The defense further request that any documents disclosed by the FBI be provided to the defense. Additionally, if the state believes that an issue exists with respect to whether any of the documents provided to the state by the FBI should be disclosed to the defense, the defendant requests that those documents be submitted to the court for in camera review,” the motion says.