Thread: Prosecution prepares new evidence in new trial against Bord

DEVELOPING STORY: Quinn Schuler Reports
Prosecution prepares new evidence in new trial against Border Patrol agent

Posted: March 10, 2008 12:11 PM MST

Prosecution prepares new evidence in new trial against Border Patrol agent

It's back to square one for prosecutors after a jury returned with no verdict for a border patrol agent who shot an illegal immigrant crossing the border. That forced the judge to end it in a mistrial.

The case stems from an incident that happened back in January 2007. U.S. border patrol agent, Nicholas Corbett, shot Francisco Dominguez Rivera who was crossing the border from Mexico.

Corbett says he fired in self defense when Dominquez was getting ready to throw a rock at his head. The victim's family says he was just dropping to his knees to surrender when Corbett opened fire.

The jury could only convict him on one of three charges: second degree murder, manslaughter or negligent homicide. However, they couldn't decide.

Now both sides are getting ready to start from scratch.

His attorney, Sean Chapman, says they were disappointed with the judge's decision to call a mistrial.

"I believe he's innocent and I believe the next trial will secure an acquittal," Chapman said.

However, the prosecuting attorney, Grant Woods, believes the next trial will put him behind bars.

"There will be some new information that we'll seek to bring forward," Woods said.

New information, like an assault case filed in Pennsylvania back in 2003, where attorneys say he was ordered to go through anger management.

"You're not dealing with a Border Patrol agent who simply got mad and made a big mistake one time. You're dealing with someone who has a pattern of this," Woods said.

But another one of Corbett's attorney's, Jim Calle, says that information shouldn't be allowed into the courtroom.

"There are certain things which are not relevant to this case and certain things that are... I'm not worried about that at all," Calle said.

Either way, a new trial date has already been set, with new jurors and possibly a new outcome.

The new trial date is set for April 22, but attorneys expect that to be pushed back because of scheduling issues.
http://www.kvoa.com/global/story.asp?s=7992952

No bias in the media here...nope nope nope...
An answer to the question, what's the difference between journallism and political bull?

The jury couldn't decide between convict or acquit and a mistrial was declared. Couldn't gather that from this article could you?

This is the local media. The jurors for the next trial will come from this community. I guess the article is going to do their job for them.

Do they expect the "victim's" family to tell the truth? Oh please! They've already proven they care nothing for the law by sneaking into the country illegally!

Do they hope to get in on the "victims of violence" lottery?