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Hourly Update

Border Patrol agent's lawyer wants to bar testimony from dead man's family

The agent is accused of second-degree murder in January shooting of Mexican man
By Kim Smith
Arizona Daily Star
Tucson, Arizona | Published: 10.05.2007
The attorneys for a U.S. Border Patrol agent accused of second-degree murder don’t want relatives of the victim to testify during the agent’s upcoming trial in U.S. District Court.
Nicholas Corbett’s attorney, Sean Chapman, filed a motion Tuesday asking U.S. District Court Judge David C. Bury to preclude the testimony of Francisco Javier Domínguez Rivera’s brothers and sister- in-law.
According to the motion, any testimony offered by the three would be questionable because they’ve been influenced by the Mexican government and the possibility of a civil lawsuit against the U.S. government.
Corbett is accused of fatally shooting Rivera, 22, about 150 yards north of the border, between Bisbee and Douglas on Jan. 12. Corbett had been trying to detain Domínguez Rivera and the other three, all of whom had entered the country illegally.
Once the Cochise County Attorney’s Office has a chance to file a written response, a date will be set to argue the motion orally.
Corbett’s trial is scheduled to begin in February in federal court in Tucson.
Contact reporter Kim Smith at 573-4241 or kimsmith@azstarnet.com
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