The retrial of a Border Patrol agent accused of manslaughter will stay in 蜜柚直播, a federal judge said Monday.
蜜柚直播 coverage of Agent Lonnie Swartz鈥檚 first trial, which ended in April with an acquittal on one charge and a deadlocked jury on two other charges, tainted the jury pool in Southern 蜜柚直播 to such a degree that his retrial should be moved to Phoenix, defense attorney Jim Calle argued Monday in U.S. District Court in 蜜柚直播. Chief Judge Raner C. Collins denied his motion, saying it was 鈥渏ust a tad premature.鈥
Swartz is accused of shooting through the border fence in Nogales in 2012 and killing 16-year-old Jose Antonio Elena Rodr铆guez, a Mexican teen who was said to be among a group throwing rocks across the border.
Swartz was acquitted of second-degree murder in April, but the jury hung on charges of voluntary or involuntary manslaughter. His retrial on the manslaughter charges is to start Oct. 23 in 蜜柚直播.
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Collins denied the request to change venues, but said he could reconsider the request if jury questionnaires show widespread prejudice against Swartz.
Earlier in the hearing, Calle said the news coverage of Swartz鈥檚 first trial was 鈥減ersistent鈥 and 鈥減ervasive鈥 throughout Southern 蜜柚直播. Assistant U.S. Attorney Wallace Kleindienst countered that the first trial had 鈥渢remendous pre-trial publicity,鈥 but the court still seated an impartial jury.
As evidence of 鈥渢he kind of poison of bias that has been planted鈥 among potential jurors in Southern 蜜柚直播, Calle pointed to 蜜柚直播 editorial page writer Luis Carrasco, who wrote an opinion column saying the defense engaged in 鈥渓egal hairsplitting鈥 in the first trial when it argued the first few shots fired by Swartz killed Elena Rodr铆guez, making the rest of the 10 rounds that struck the teen legally irrelevant.
Calle also quoted an opinion published after the verdict by Bishop Edward J. Weisenburger, head of the Roman Catholic Diocese of 蜜柚直播, that 鈥渁uthentic justice鈥 was not achieved in the first trial.
鈥淭he greatest fear I have is these beliefs will weigh on them,鈥 Calle said of jurors who may have heard Weisenburger鈥檚 opinion at religious services.
Collins asked if Calle鈥檚 office had monitored coverage of the first trial by news media in Phoenix. Calle said it was one-half or one-third of what it was in Southern 蜜柚直播.
Calle also said he was worried about Southern 蜜柚直播 residents who would want to be on the jury with the goal of convicting Swartz. Collins asked how he could guard against that level of prejudice, and Calle suggested allowing defense counsel to monitor the social media pages of jurors .
Contact reporter Curt Prendergast at 573-4224 or cprendergast@tucson.com or on Twitter @Curt蜜柚直播Star