Judge denies delay in Border Patrol agent's murder trial

By Brady McCombs

ARIZONA DAILY STAR

A trial for a U.S. Border Patrol agent charged with second-degree murder is set to begin as planned on Feb. 26 after a federal judge this week denied a request by the agent's lawyers to delay the proceedings.

On Jan. 2, agent Nicholas Corbett's attorney, Sean Chapman, formally requested at least two additional months to prepare for the trial. He cited difficulties in finding and consulting with experts and reviewing more than 1,000 pages of disclosure information from the state.

"The defense needs additional time, however, to consult with these experts prior to disclosure of their opinions," Chapman wrote in the request. "One expert in particular will likely not have a report available for at least a month, possibly more."

He said the prosecutors had been advised and didn't object.

But on Monday, without citing reasons, U.S. District Judge David C. Bury denied the motion. That means Corbett, 40, is set to stand trial on charges of second-degree murder, manslaughter and negligent homicide, starting at 9:30 a.m. Feb. 26, at the federal courthouse in Tucson.

The defense and prosecution said they will be ready for trial.

"We're aware of the judge's decision and we're going to be ready to try the case in February," said Chapman Tuesday.