TUCSON — An expert in forensic pathology who reviewed photographs, reports and the preliminary hearing transcript regarding the Nicholas Corbett murder case said he believes the defendant’s version of events is possible, even given the autopsy results.
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The defense will call at least one more witness today. Sean Chapman, the lead defense attorney, said Corbett may or may not testify today. Then, attorneys will make closing statements. The jury could start deliberating later today.
The defense claims Corbett shot Francisco Dominguez-Rivera out of self-defense to prevent the victim from throwing a rock at him during a face-to-face encounter. The prosecution, on the other hand, argues the shooting, which took place in January of 2007, was not justified.
Last week, Guery Flores, the medical examiner for Cochise County, testified the bullet entered the body under the left arm, passed through the heart and other organs and became lodged to the right of the belly button. He said the bullet traveled slightly from the back of the body to the front of the body.
On Monday, Jim Calle, one of Corbett’s defense lawyers, asked Mason whether it would be possible for that kind of wound to occur by a right-handed person who is 6 feet 4 inches tall shooting a person who is 5 feet 4 inches tall holding a rock.
Mason explained that the fluids in the body can cause a bullet to curve by the time it reaches the end of its pathway.
On cross-examination by lead special prosecutor Grant Woods, Mason said the wound sustained by Dominguez-Rivera could have occurred if Corbett reached the gun around the victim, or if Corbett pointed the gun in a downward fashion. But, he said, the wound is not consistent with Corbett firing from a distance of several feet during a face-to-face encounter.
Three eyewitnesses testified last week that Corbett struck the victim in the head or neck area before shooting him. However, when testifying last week, Flores said no marks in the head or neck area were observed during the autopsy.
During questioning from Calle, Mason said that if Dominguez-Rivera were struck in the head or neck area with the handle of Corbett’s gun, then bruises or abrasions would be present on his body. Mason said those injuries would form even if the person died seconds later.
But on cross-examination, Mason acknowledged to Woods that bruising would not occur if Corbett used his right hand to push down on Dominguez-Rivera’s head, while holding the gun in his left hand.
Mason said the defense was paying him $450 per hour plus $2,100 to sit in the witness box in court. He said he had worked a total of 12 or 13 hours prior to Monday.
Throughout the trial, the defense has claimed that the Mexican government influenced the three eyewitnesses, who are Dominguez-Rivera’s brothers, Rene and Jorge, and Jorge’s girlfriend, Sandra Guzman.
On Monday, Dove Haber, a public affairs officer for Border Patrol, testified that during the preliminary hearing in August, she observed Oscar de la Torre, the Mexican consul in Douglas, make gestures in an attempt to lead the witnesses.
She saw him nod or shake his head, make signs with his hands and express displeasure on his face during their testimony. She also noticed how the witnesses reacted to him.
The defense brought the matter to the attention of the court, and the judge admonished the behavior. However, she said, de la Torre continued to make the gestures for the duration of the hearing.
Haber said the prompting took place during all of the questions. On cross-examination from Woods, Haber said the signals were effective for yes and no answers.
But, she acknowledged that there are no signals that can be made to elicit detailed explanations of how Corbett struck the victim or how the witnesses surrendered or how Corbett ran around his vehicle.
Also Monday, Peter Hermansen, a Border Patrol agent who developed a policy on use of force, testified it would be reasonable for Corbett to shoot Dominguez-Rivera if he were threatening him with a rock.
He said deadly force is authorized during close encounters that involve assaults.
And, the defense called Randy Downer, a private investigator who is retained by Corbett. He testified that on Jan. 17 of this year he found two gloves at the scene of the shooting. He contacted Wendy Adney, the lead detective with the Cochise County Sheriff’s Office, to request that she take the items into evidence, but she refused to do so. She told him he could collect the gloves as long as he notifies the prosecution of it.
The prosecution has stipulated that those gloves belonged to the victim.
Also, Downer said he returned to the crime scene on Jan. 25, at which time video footage of the area was filmed. Portions of that video were played for members of the jury.





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