Prosecutors seek to delay agent's trial

By Jonathon Shacat
WICK NEWS SERVICE
Published/Last Modified on Tuesday, July 29, 2008 3:09 PM MDT


BISBEE — Attorneys prosecuting U.S. Border Patrol Agent Nicholas Corbett’s murder case are asking a federal judge in Tucson to postpone a trial scheduled to start in September.


Nicholas Corbett

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

Corbett claims he acted out of self-defense when he shot Dominguez-Rivera, while prosecutors claim the shooting was not justified. Judge David Bury declared a mistrial in March when a jury was deadlocked. A new trial is scheduled to start Sept. 9 in Tucson.

In a motion filed Friday, Tyrone Mitchell, one of the prosecutors in the case, requests that the judge postpone the trial to another date because lead special prosecutor Grant Woods has a trial conflict. Woods is scheduled to begin a trial before Judge Roslyn Silver in the case of Meritage versus Hancock on Sept. 8.

“This case has been continued five times due to court conflicts and was originally supposed to be tried in November 2007. The jury questionnaires in this case have been distributed and returned and the jury has been extended to September 9,” states the motion.

In an e-mail toWick News Service, lead defense attorney Sean Chapman declined to comment on the matter.

However, according to the motion, Chapman did not object to the request to postpone the trial date.

Comments

    john wrote on Aug 4, 2008 2:38 AM:

    " How much is this joke of a trial going to cost us all? If it's so "open and shut" why two trials? why special prosecutor?
    why can't the county spend this much time and money on smugglers, drug runners, child molestors?
    Any one remember what happened to the smuggler who killed four people on BST outside of fort huachuca?????
    hey!, why can't we get roads that are still there after it rains???????
    I want my tax dollars to work for me and my county! "

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