Jury selected in BP agent murder case

By Jonathon Shacat
WICK NEWS SERVICE
Published/Last Modified on Wednesday, February 27, 2008 3:06 PM MST


TUCSON — A jury was selected Tuesday to hear Border Patrol Agent Nicholas Corbett’s murder trial in U.S. District Court.


Opening arguments and testimony are expected to start today.

Corbett is charged with second-degree murder, manslaughter and negligent homicide for shooting a Mexican named Francisco Dominguez-Rivera who illegally entered the United States near Naco last year in January.

Activists representing anti-illegal immigration groups, as well as humanitarian and civil rights groups, expressed their views in displays outside the courthouse throughout the day Tuesday.

Meanwhile, inside a courtroom, Judge David Bury, prosecutors and defense attorneys spent most of the day selecting 12 jurors and one alternate. There were supposed to be two alternates on the panel, but something came up and one of them had to leave.

The jury is made up of five women and seven men. The alternate is a man. Two of the jurors were born in the Philippines and one was born in Venezuela. The rest were born in the United States.

A total of 141 prospective jurors entered the courtroom, and a lengthy process was conducted to select members of the jury. They were asked several questions regarding potential conflicts, as well as their feelings on border issues or if they had seen any pretrial publicity of the case.

The judge also inquired if any of them would face a personal hardship if they were to serve on the jury. One prospective juror was excused because he was recently diagnosed with prostate cancer and he needs to undergo testing soon. Another was excused because he needs to see a dentist for a toothache.

Prior to the start of jury selection, Grant Woods, the lead special prosecutor, submitted a motion asking the court to pick a jury of eight members instead of 12.

The Arizona Constitution says juries must consist of 12 members in criminal cases in which a sentence of imprisonment of 30 years or more is authorized. The state statute says juries for other cases must consist of eight individuals.

The charges against Corbett were originally filed by the Cochise County Attorney’s Office, but the case was removed to federal court. Woods noted the defendant is facing a maximum sentence of 22 years. As a result, he argued the jury in this case should only contain eight people.

But Jim Calle, one of the defense attorneys, said the size of the jury should be subject to federal procedure rules and therefore there should be 12 jurors. Judge Bury agreed with Calle and he denied the motion.

Once the jury was chosen, Bury instructed members of the panel not to discuss the case with anybody. He told them not to read, watch or listen to any news coverage of the trial. The judge warned them to avoid any people who are demonstrating outside the court.

Supporters cheered as Corbett entered the courthouse Tuesday morning.

Several people who oppose illegal immigration demonstrated. Some carried American flags and signs with statements such as “Free Corbett” and “Mexico Out of U.S.” One man held a sign saying “Free the Border Patrol. American Freedom Riders Support Agent Nick Corbett.”

Roy Warden, a political activist who lives in Tucson, used a megaphone to express his opinions. He said he supports the Border Patrol in principal. He said Americans need to stand up for agents because they are protecting the country.

“Border Patrol agents have a hard job. They are trying to do a good job, but they are being attacked on the job and they are being attacked politically,” he said. But, he added, he will not defend Corbett if the evidence shows he murdered Dominguez-Rivera and the jury convicts him.

The Border Action Network set up a table in memory of the victim, featuring photos, silk flowers, candles and a poster stating, “May his death serve to prevent the needless deaths of others.”

Jennifer Allen, the group’s executive director, released a written statement saying: “We don’t believe that agent Corbett wanted to kill Francisco Dominguez-Rivera. We do believe, however, that agent Corbett’s response to the situation was absolutely inappropriate, is inexcusable and reflects an extreme case of excessive use of force.”

At around lunch time, some No More Deaths volunteers were gathered near the courthouse showing support for the family and to demand justice.

Max Garcia, of Tucson, held a blue flag bearing the image of a globe without borders. He said he feels borders between countries are “arbitrary” and they are used to “manipulate” and “hurt” people.

Attorneys prosecuting and defending the case will present their opening statements this morning. Then, the state is expected to call its first witness, Renato Dominguez, who is the father of the victim.

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