Mexicans' testimony against border agent won't be excluded

By Arthur H. Rotstein

THE ASSOCIATED PRESS

TUCSON — A federal judge said Monday that he won't exclude eyewitnesses' testimony from the trial of a Border Patrol agent accused of fatally shooting an illegal immigrant near the border.

At a pretrial conference, U.S. District Judge David C. Bury said he won't bar testimony from Francisco Javier Dominguez Rivera's two brothers or the girlfriend of one brother, denying a motion from attorneys for Agent Nicholas Corbett.

The defense contends that the Mexican government influenced the three, saying a consular official was present to question the three before law enforcement officers did so after the Jan. 12 shooting between Bisbee and Douglas.

Lead defense lawyer Sean Chapman also said the brothers and the woman have received benefits from, or arranged by, the Mexican government that include legal status to remain in this country pending Corbett's trial.

Corbett is scheduled to stand trial Feb. 26 on charges of second-degree murder, manslaughter and negligent homicide. Corbett, who was trying to take the four into custody as they tried to run back to Mexico to avoid being caught, has pleaded not guilty.

Corbett says he acted in self-defense. According to investigators, he told colleagues he shot at a man who looked like he was going to throw a rock.