Prosecutor: Witnesses should be allowed to testify against U.S. Border Patrol agent
By: Associated Press | ∞
SIERRA VISTA, Ariz. -- Three illegal immigrants who were present when a U.S. Border Patrol agent fatally shot their companion should be allowed to testify in the agent's murder trial, a prosecutor said in a court filing.
Lawyers for Agent Nicholas Corbett asked a federal judge to bar the migrants from testifying. They wrote in a court filing earlier this month that anything the migrants said would be questionable because they've been influenced by the Mexican government and the possibility of a civil lawsuit against the U.S. government.
In a response filed this week, Deputy Cochise County Attorney Gerald Till asked the judge to deny the request.
"The defendant is asking this court to determine the competence of the witnesses and to prevent them from testifying," Till wrote. "This is a completely unfounded legal argument, and totally without merit."
Corbett, 39, is charged with second-degree murder, manslaughter and negligent homicide in the Jan. 12 shooting death of Francisco Javier Dominguez Rivera, a 22-year-old from Puebla, Mexico, who was crossing into the U.S. with the three survivors.
Corbett has pleaded not guilty, and his lawyer says he was acting in self-defense because he was attacked by Dominguez while trying to apprehend him and his companions just north of the border. The case was originally filed in Cochise County court but was transferred to federal court because he is a federal law officer.
Defense lawyer Sean Chapman's filing contends that the witnesses -- who include the victim's two brothers and a woman -- were influenced by the Mexican consul, who was allowed to interview them before investigators probing the incident.
Till's response noted that the three had already been interviewed by a detective when the consul arrived and gave substantially the same statements in later interviews He also said physical evidence corroborates their version of events.
Corbett's trial is set for trial Feb. 26.
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So Sad wrote on Oct 13, 2007 8:09 AM:Every where you look our contry is under attack. Our schools, our infrastructure, our way of life. Our government is doing so little as millions of illegal Aliens come into our country and take, take, take. The United States used to be a proud and strong country.
what wrote on Oct 13, 2007 10:29 AM:even on tv they mention a witnesses credibility. there are alot more Nyfong's out there than you realize..
MPR wrote on Oct 13, 2007 12:07 PM:As we have seen in the Ramos ans Compean and John Monti case that the illegals testimony is definately influence by the Mexican Government and open border activists. I have personnally seen witnesses tampered with in these sort of cases.
This is a country of laws and no one is above it. wrote on Oct 13, 2007 3:07 PM:Even law enforcement officers can not take the law into their own hands. Any and all witnesses should be allowed to testify in this case, we wouldn't want someone to get away with murder, would we? Laws are in place and they should be respected no matter who you are or what your occupation is. I hope justice is served.
Karl wrote on Oct 13, 2007 3:56 PM:"This is a country of laws and no one is above it". I agree with you to a point. As long as the witnesses are creditable I have no problem. My prblems begin when the witnesses have something to gain by testifying against the defendant and in this case they clearly do.
Terrible wrote on Oct 13, 2007 4:00 PM:Nyfonging our Border Control agents is not right! It will be interesting to find out why illegals were on our side of the border in the first place! Just think, had they(the four individuals mentioned inthis article) not crossed into our country illegally, this incident would not have happened.
Pluto wrote on Oct 13, 2007 5:49 PM:How can there by any dispute about allowing eyewitnesses to testify? They often have reasons they might testify falsely. That's what cross examination is for. It happens every day in every courthouse in the U.S.
to So Sad wrote on Oct 13, 2007 5:51 PM:The U.S. was proud and strong till Bush & Cheney got their bloody, lying hands on it. And they've run up as much debt as all previous Presidents combined. Don't get me started.
Roberto1 wrote on Oct 13, 2007 7:07 PM:Pluto wrote on Oct 13, 2007 5:49 PM: " How can there by any dispute about allowing eyewitnesses to testify? REPLY: It doesn't suit the xenophobic agenda...Kinda like trying to get to Darrell Issa to testify at the Cunningham-contractor corruption trial. If they have nothing to hide, there is no reason eye witness or case related testimony should not happen.
Susan wrote on Oct 14, 2007 12:02 PM:He is with the Border Patrol and the deck is stacked against him thanks to our government that would rather put illegals ahead of their own BP agents. If ALL AMERICANS don't wake up NOW -- we will lose our country to these invaders. We owe our children and grandchildren to make it clear to our government that we want these people to all go home. We all have to come together and fight the illegals and we need to vote for someone that will put Americans first. Enough is enough!!!!!!!
mike wrote on Oct 14, 2007 12:44 PM:The invaders have been given the word from the meddling Mexican government. I am sure our federal attorneys’ (Sutton) have given them a pass. This case is the same as the rest, a BP doing his job gets railroaded by a foreign government. Our states are being challenged on every front by these invaders and are laws are being rewritten by the liberal judges whom have stop the law from being enforced.
JonnyAmerican wrote on Oct 14, 2007 6:53 PM:To let these witnesses testify when they are consirators is rediculas. If a police office responds to a bank robbery and kills one of three robbers in self defence, do we allow the other two testify agains the office? No we do not! Most would say that the illegals are not serious criminals, justification of a wrong don't make it a right, and anyone who attacks a law enforcement officer, deserves what they get.
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