BISBEE — Prosecutors and defense attorneys will get access to FBI materials in the case of a Border Patrol agent charged with murdering an illegal immigrant.
|
|
The agent, Nicholas Corbett, is charged with second-degree murder, manslaughter and negligent homicide of Francisco Javier Dominguez Rivera.
Special prosecutors Grant Woods and Tyrone Mitchell filed a motion Jan. 10 asking Judge David Bury to compel the FBI to release the records. Sean Chapman, Corbett’s lead defense attorney, did not object to it.
Attorneys with the U.S. Attorney’s Office filed a motion Thursday requesting the court deny the motion to compel. They said the Privacy Act precludes FBI personnel from disclosing information concerning an individual without consent or a court order.
They asked the court to enter a protective order.
Judge David Bury signed an order dated Friday denying the plaintiff’s motion to compel. In the same order, he granted the motion for protective order.
The protective order authorizes the release of Privacy Act-protected information without obtaining prior written consent of the individuals named in the records.
Now the FBI is permitted to release: Border Patrol records regarding the investigation of the case, administrative and personnel records, critical incident reports, written and verbal statements made by Corbett and rough notes made by agents.
Comments