September 25, 2007
Section: TUCSON/REGION
Page: B1
Agent’s trial moved to Tucson
BRADY MCCOMBS, ARIZONA DAILY STAR
Border crosser’s death case now in federal court
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The trial of a U.S. Border Patrol agent charged with second-degree murder will take place in U.S. federal court in Tucson in February.
During a hearing Monday morning, U.S. District Judge David C. Bury approved a motion filed by attorneys for agent Nicholas Corbett – Sean Chapman and Daniel Santander – to move the trial to federal court from Cochise County Superior Court.
The judge set aside two weeks for the trial, set to begin Feb. 26.
Corbett’s attorneys argued that the supremacy clause of the U.S. Constitution gives the federal court jurisdiction over a federal officer who is performing his duties. Deputy Cochise County attorney Gerald Till did not oppose the motion, and Bury didn’t object.
Bury scheduled a Dec. 17 hearing to discuss a prospective juror questionnaire, often used in high-profile cases. This case has been closely watched on both sides of the border by the Border Patrol agents’ union, the Mexican Consulate and immigrants’ rights organizations.
The case stems from events that occurred on Jan. 12 in Cochise County.
Source: www.azstarnet.com
