Jury deadlocked in Border Patrol agent's trial

TUCSON, Ariz. – Jurors deliberating the case of a U.S. Border Patrol agent charged with fatally shooting an illegal immigrant from Mexico said Thursday that they are deadlocked. The jury had spent about 11 hours deliberating when they sent a note to the federal judge hearing the case late in the morning.

The judge sent them back after telling them to redouble their efforts to reach a verdict.

But U.S. District Judge David C. Bury told attorneys after jurors left the courtroom that he was inclined to declare a mistrial if they couldn't reach a verdict by the end of the day.

“It doesn't look like a real happy bunch,” Bury said. “If I don't hear from them, then I fear they don't know. They may feel they have to spend the next month or so of their lives locked up, and I don't want them to feel that pressure.”

The jury's note said they were split between acquitting agent Nicholas Corbett and convicting him, special prosecutor Grant Wood said.

Corbett is charged with second-degree murder, manslaughter and negligent homicide in the January 2007 death of 22-year-old Francisco Javier Dominguez Rivera of Puebla, Mexico. The jury can convict on only one of the charges.

Dominguez was crossing the southern Arizona desert along with his two brothers and a woman when Corbett spotted them, raced up in his Border Patrol truck and the fatal confrontation took place.

Dominguez's brothers testified that he was going to his knees to surrender when Corbett shot him.

Corbett testified that Dominguez was getting ready to heave a rock at his head and he fired in self-defense.

The case is unusual because it involves state criminal charges but is being tried in federal court because Corbett is a federal law enforcement agent.

Go back and check the stories, they’re keyworded with ‘aliens’.

They initially leveled 4 charges, hoping one would stick. The Grand Jury indicted on 3 charges.

Some of the physical evidence is contradictory to Corbett’s story, so the prosecution has more than the lying words of the illegal accomplices. One of the most damning items is the autopsy report showing the path of Corbett’s bullet...it entered the victim near the left armpit and angled down through heart and lungs, lodging near the liver.

The prosecution insisted that Corbett could not have shot Dominguez while confronting him face-to-face and have the bullet trajectory match the coroner’s report.

http://www.svherald.com/articles/2007/10/12/news/doc470f14c1abb52499675324.txt

Chapman, the lead defense attorney, says Corbett “shot Dominguez in self-defense after Dominguez attacked him.” He adds that three relatives of Dominguez — his sister-in-law Sandra Guzman and his brothers Rene and Jorge Dominguez — witnessed the incident and their testimony contradicts Corbett’s self-defense claim.

“The credibility of these witnesses has been severely compromised due to influence by the Mexican government … and the suggestion that a civil lawsuit seeking monetary damages will be filed against the United States and agent Corbett on behalf of the witnesses,” Chapman says.

Following the Jan. 12 shooting, Chapman says, law enforcement allowed the witnesses to remain together for several hours prior to being interviewed. And, at least one witness was interviewed by the Mexican consul before law enforcement had the chance to speak. Both of those actions do not follow standard practices, he says.

Also, he says, the witnesses spoke with Oscar de la Torre, the Mexican consul in Douglas, and an attorney retained by the Mexican government. He says “their testimony was irrevocably contaminated by statements made by the Mexican official, who informed them that the president of Mexico wanted agent Corbett punished.” And, he adds, the attorney suggested that a civil suit would be filed.

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The jury deliberated about 11 hours before telling the judge in a note Thursday morning they were split between acquitting agent Nicholas Corbett and convicting him, special prosecutor Grant Wood said.

As Arizona Attorney General, Mr. Grant Woods led the civil rights and Supreme Court efforts for the nation's attorneys general. He successfully argued before the U.S. Supreme Court in a landmark case that allowed states to discontinue law libraries in prisons across the country. Mr. Woods was a chief negotiator and leader in the states' successful battle against the tobacco companies. His efforts resulted in almost $3 billion to Arizona, & significant marketing and advertising restrictions to protect our children for generations to come. In 1995, Mr. Woods was selected by his peers as the nation's top attorney general.

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http://www.freerepublic.com/focus/f-gop/775716/posts

Woods may switch from GOP to Dems He's co-chairman of Salmon's campaign for governor

By Chip Scutari
The Arizona Republic
Oct. 25, 2002
Grant Woods, one of Arizona's most popular Republicans and co-chairman of Matt Salmon's gubernatorial campaign, is considering jumping to the Democratic Party after the Nov. 5 election.

The defection of the former state attorney general would be a coup for Arizona Democrats, who have been courting moderates. Chairman Jim Pederson said he'd be thrilled to have Woods join the party.

"He's a thoughtful, articulate person," said Pederson.

Republican Party Chairman Bob Fannin didn't want to comment.

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