Feds agree to unseal some of case in agent's death

AP News
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Posted: Jan 11, 2012 12:24 PM
Feds agree to unseal some of case in agent's death

Prosecutors have agreed in principle to unseal some of the case against people accused of killing U.S. Border Patrol Agent Brian Terry more than a year ago near the Arizona-Mexico border.

The Arizona Daily Star reports that (http://bit.ly/zWGZCl) six news organizations argued in a Dec. 19 court filing that the docket and all records in the case should be unsealed.

The news organizations argued that the public has a right to inspect the records of the case and attend any criminal trials that may come out of it.

Prosecutors said they object to records being unsealed that reveal the identity of any charged defendant who has not yet been arrested, but they are willing to unseal the remaining records. The identity of one charged defendant has already been revealed.

Terry was killed in an exchange of gunfire on Dec. 14, 2010, when he and other agents were looking for bandits in a desert area more than 10 miles north of Nogales.

One suspect, Manuel Osorio-Arellanes, was struck by gunfire and later told investigators he was part of a five-man "rip crew."

Osorio-Arellanes was indicted on one count of second-degree murder and five other crimes on April 20.

The indictment included blacked-out references to additional defendants. But in the ensuing months, the entire case was sealed.

A judge must approve the news outlets' entry in the case and has the authority to order records unsealed.

The news organizations that asked for the case to be unsealed are the Arizona Daily Star, The Associated Press, The Arizona Republic and Phoenix television stations KPNX, KPHO and KNXV.

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Information from: Arizona Daily Star, http://www.azstarnet.com