BISBEE — An attorney defending U.S. Border Patrol Agent Nicholas Corbett’s murder case says the recent protest in Tucson against Maricopa County Sheriff Joe Arpaio is another reason the upcoming trial should be moved to Phoenix.
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Defense attorneys want the trial moved from U.S. District Court in Tucson to Phoenix due to extensive media coverage of this case in particular and immigration issues in general. Prosecutors don’t directly oppose the change-of-venue request but want the court to conduct an investigation to determine if a fair and impartial jury can be found in Tucson.
Calle replies that “the defendant believes there is more than enough evidence of a polarized jury pool in Southern Arizona to warrant a change of venue now and not during jury selection in Pima County.”
On July 10, Arpaio, who has enforced existing laws that resulted in the deportation of numerous illegal immigrants, attended a book signing event at a Tucson bookstore. Some protesters also attended the event and beat a piñata outside the store.
“In a scene reminiscent of anti-American protesters in the Middle East, the pro-immigrant protesters pummeled the Arpaio piñata with a stick until it fell to the ground, at which point they proceeded to kick the piñata until it came apart. At this point, Pima County Legal Defender and pro-immigrant advocate Isabel Garcia picked up and paraded around with Arpaio’s head to the cheers and chants of her protesting compatriots,” Calle states in the filing.
In the court filing, Calle argues that if Judge David Bury determines during jury selection that a different venue is warranted, then it would be impossible for parties to proceed with trial as scheduled due to the need to make arrangements for hotel stays and travel arrangements for themselves and all witnesses.
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GARY ROSE wrote on Jul 25, 2008 11:08 PM:
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