County residents part of jury pool in BP agent’s case

By Jonathon Shacat
WICK NEWS SERVICE
Published/Last Modified on Thursday, January 31, 2008 3:05 PM MST


BISBEE — Residents of Cochise County could be chosen to serve on the jury for the upcoming trial in federal court in Tucson of a man charged with murdering an illegal immigrant near Naco.


Names of prospective jurors are selected from general election voter registration lists. The Tucson division of the U.S. District Court consists of the counties of Cochise, Graham, Greenlee, Pima and Santa Cruz.

“A registered voter who is a resident of any county in the Tucson Division can be called for jury service in Tucson,” said Michael O’Brien, chief deputy clerk of the Tucson Division.

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

His trial, which is scheduled to last two weeks, will begin Feb. 26 at 9:30 a.m. If Corbett enters into a plea agreement, he must do so by Feb. 8. The jury will consist of 12 members, with two alternates.

Potential jurors are summonsed a few weeks prior to the start date of service, O’Brien said. They also receive a questionnaire that is completed to determine if they are qualified to serve on a jury. For example, they must live in the jurisdiction, understand English and not be a convicted felon.

“For certain high-profile or lengthy trials, the judge may order a supplemental screening questionnaire be used as well,” he said.

During a hearing Dec. 17, Judge David C. Bury said the potential jurors for Corbett’s trial will receive a routine questionnaire to see if they are qualified. They also will be advised of the date and length of trial to make sure they are available at that time.

Bury said the potential jurors will not be asked any questions regarding media coverage because he is concerned that identifying the case may cause some to follow the publicity.

However, he said, on the first day of trial the prospective jurors will be asked if they have read, seen or heard about the case in the media or if they have any opinions about border issues. Those who respond in the affirmative will be individually questioned so their views do not taint the rest of the prospective jurors.

The prosecutors and defense attorneys can submit proposed voir dire questions and jury instructions by Feb. 15 at noon.

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