Corbett jury receives more time to settle on verdict

By Jonathon Shacat
Wick News Service
Published/Last Modified on Friday, March 7, 2008 2:42 PM MST


TUCSON — The jury selected for Border Patrol Agent Nicholas Corbett’s murder trial has deliberated for a total of about 16 hours over the course of two days, and the panel will return to U.S. District Court today to continue considering the verdict.


Judge David Bury almost declared a mistrial Thursday afternoon after the jurors sent a note stating they were experiencing a tough time making a decision, but he decided instead to give them more time.

Corbett is charged with second-degree murder, manslaughter and negligent homicide of Francisco Dominguez-Rivera, a Mexican who was illegally entering the United States near Naco last year. Corbett claims he acted out of self-defense.

At about 11 a.m. Thursday, after about 10 hours of deliberating, the jurors sent a note to the court stating they were at an “impasse” regarding the determination of guilty or not guilty and that they were looking for direction on the next steps.

About 30 minutes later, Bury asked the attorneys what they thought the court should do. Special prosecutor Grant Woods said he wanted the judge to tell the jurors to return to continue deliberating. But defense attorney Sean Chapman said doing so may cause the jurors to feel undue pressure to come to a verdict, so he asked the judge to declare a mistrial.

Bury called the jurors into the court and told them to continue with the deliberations. After the jurors left the courtroom, Bury remarked that the jury did not “look like a real happy bunch.” He decided that if the panel did not make a decision by 4 p.m. then he would call a mistrial.

At about 4 p.m., Bury said he was concerned the jurors may think they are required to keep deliberating for as long as it takes to make a decision and as a result they may opt to hurry up and thereby not arrive at a fair verdict.

He suggested sending a note to the jurors to ask if they were making any progress on their deliberations. If they responded “Yes,” he would let them continue, but if they responded “No,” he would call a mistrial.

Chapman said he thought sending the note would also put pressure on them. He said enough time had passed for the jurors to reach a verdict, and he again urged the judge to declare a mistrial.

Woods said he did not think the jury has had enough time to deliberate. He pointed out the circumstances in the case involve illegal immigration and as a result two days of deliberations is not really that much time.

He pointed out the note from the jurors simply stated that they were at an impasse and they were looking for some direction.

The note did not say there was “a hung jury.” He said if the jurors send a note with a more firm message, then the court would need to consider that.

He said the court should assume the jurors are working their way through the decision-making process.

Chapman said the trial was based on a “factual dispute” and a “credibility contest.”

He said he thinks the case is “simple” and the jury has had plenty of time to come to a conclusion.

Bury decided not to declare a mistrial at this point in time. Instead, he will allow the jury to continue deliberating today.

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