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TUCSON — Two Cochise County residents are members of the jury that will hear evidence in Border Patrol Agent Nicholas Corbett’s murder trial in U.S. District Court starting this morning.
Corbett is charged with second-degree murder, manslaughter and negligent homicide in the Jan. 12, 2007, death of Francisco Dominguez-Rivera, a Mexican who illegally entered the United States near Naco.
Judge David Bury and the prosecution and defense spent the entire day Tuesday selecting individuals to serve as jurors for the two-week trial.
The jury consists of 12 people, including seven men and five women. There are also two female alternates.
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Most of the jurors live in the Tucson area. However, two jurors live in Cochise County, including one woman from Sierra Vista who is retired from federal civil service, and one man from Tombstone who works at a pharmacy.
The other jurors are employed in a variety of fields, such as construction or nursing, or by various companies, such as Qwest, Johnson & Johnson, IBM and Freeport McMoRan. One is a student, and some are retired.
On Tuesday, Judge Bury instructed the jurors not to discuss the case with anybody. He also told them not to read, watch or listen to any news on the case. He said he will compile all media coverage and share copies with the jurors at the conclusion of the trial.
Corbett’s case went to trial in February and March, and it resulted in a mistrial due to a hung jury.
During jury selection for the first trial, there was a jury pool of 141 people. At a pretrial hearing on Monday, Bury pointed out that 99 of them were not used. As a result, he only intended to call about 100 people for jury selection in the second trial.
On Tuesday, the prospective jurors were asked a series of questions, such as if they know any of the potential witnesses, if they belong to any organizations that promote the rights of immigrants, if they have ever been involved in a criminal case, or if they know anybody with work experience in Border Patrol.
They were also individually questioned on two topics, including whether they had been exposed to any media coverage of the Corbett case, and whether they could be impartial while serving on a trial involving illegal immigration or border issues.
Once there were a total of 32 people, the state was permitted to strike six of them, and the defense was allowed to strike 10 of them. Each side then had the chance to strike an alternate. In the end, the panel of 14 remained.
During the first trial, the prosecution submitted a motion requesting the court select a jury of eight members instead of 12 in accordance with the Arizona Constitution.
The state statute requires a jury of eight individuals for a case like Corbett’s.
The defense objected, saying the size of the jury should be subject to federal procedure rules because the case was removed to federal court. Bury ruled in favor of the defense and said the jury would consist of 12 people.
On Monday, the prosecution reiterated its position regarding the size of the jury. The judge did not alter his original decision.
Attorneys will give opening statements this morning, and then the prosecution will start to call witnesses and present evidence. Prosecutors should wrap up by Friday, and then the defense should start next Tuesday.
Herald/Review reporter Jonathon Shacat can be reached at 515-4693 or by e-mail at jonathon.shacat@bisbeereview.net.
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