Thread: Mistrial declared in border agent's trial

Mistrial declared in border agent's trial

Associated Press - November 4, 2008 5:43 PM ET

TUCSON, Ariz. (AP) - A mistrial has been declared after a jury deadlocked in the case of a Border Patrol agent accused of gunning down an illegal immigrant without provocation.

Jurors couldn't reach a verdict against U.S Border Patrol Agent Nicholas Corbett on three possible charges: second-degree murder, manslaughter or negligent homicide.

Three eyewitnesses testified Francisco Javier Dominguez Rivera of Puebla, Mexico, was shot as he was kneeling to surrender for Corbett to arrest him and the three others. The defense said the agent shot in self-defense after Dominguez tried to smash his head with a rock.

Defense attorney Sean Chapman says he's disappointed the jury didn't acquit.

http://www.wbtv.com/Global/story.asp?S=9292638

Border Patrol agent's trial ends in second hung jury
By Brady McCombs
Arizona Daily Star
Tucson, Arizona | Published: 11.04.2008

A federal judge has declared a mistrial in the murder case against a U.S. Border Patrol agent.
U.S. District Judge David C. Bury made his ruling at 1:45 p.m. today. The jury had been in deliberations since Thursday.
Border Patrol agent Nicholas Corbett, 40, was on trial for the Jan. 12, 2007 shooting near the border between Bisbee and Douglas that left an illegal immigrant dead. This was his second trial.
In March, a jury in the first trial could not reach a unanimous decision after three days of deliberations, and a mistrial was declared.
Both the prosecutor and defense attorney expressed disappointment. The prosecution has not decided whether to prosecute a third time.

http://www.azstarnet.com/sn/hourlyupdate/265614.php

Backlash from Ramos and Campean. People know that the prosecutor and judge withheld information from them on the immunity and the guys offenses. They don't like that.

What now? A new trial?

Pray for these men, also Ramos and Compean.

Originally Posted by koobster

What now? A new trial?

Pray for these men, also Ramos and Compean.

Yes lets all pray for all of them!

Two mistrials...how much money do the Feds want to spend to convict this guy?


I just heard another update on the local news. They said that the jury was deadlocked 11 to 1 in favor of acquittal.

I find this new information interesting. I wonder in the last trial how many were in favor of acquittal.

Prosecutors weigh potential third trial for Corbett

Posted: Nov 6, 2008 01:28 PM PST



TUCSON, Ariz. (AP) - Lawyers who've ended up with two mistrials in prosecutions of a Border Patrol agent for an illegal immigrant's death say they'll assess chances of a third trial's success.

Cochise County Attorney Ed Rheinheimer says he'll sit down with special prosecutors Grant Woods and Tyrone Mitchell and "make an honest assessment of whether we've got anywhere to go from here."

Woods says the second jury deliberated about two days in Agent Nicholas Corbett's retrial, then said it was at an impasse.

Jurors deliberated further at the judge's instructions but when they remained hung Tuesday afternoon, he declared a mistrial.

Corbett faced second-degree murder, manslaughter and negligent homicide charges in the January 2007 death of Francisco Javier Dominguez Rivera of Puebla, Mexico.

www.kvoa.com

What a waste of money to keep going to trial again and again...

The number one problem with this case is that three illegal aliens are the eye wittinesses and all illegal aliens are dishonest. They don't have credible witinesses.

Dixie