TUCSON (AP) — A U.S. Border Patrol agent goes on trial again Tuesday in Tucson for the fatal shooting of an illegal immigrant.

The second trial for Agent Nicholas Corbett comes more than seven months after jurors in the first case told a federal judge they were hopelessly deadlocked.

Prosecutors contend Corbett shot Francisco Javier Dominguez Rivera of Puebla, Mexico, without provocation in January 2007 just north of the Mexican border.

Defense lawyers maintain that Corbett acted in self-defense as Dominguez threatened to smash his head with a rock. Corbett, who gave that account during his first trial, is charged with second-degree murder, manslaughter and negligent homicide.

Jury selection begins Tuesday, with opening statements possible later in the day or on Wednesday, and the trial is expected to take two weeks at most.

At a pretrial hearing Monday, U.S. District Judge David Bury sidestepped a renewed defense motion to move the trial because of adverse publicity Corbett's lawyers contend that he received earlier in the year.

And defense lawyers Sean Chapman and Jim Calle cited a news story on Sunday in the Arizona Daily Star about a report criticizing Border Patrol treatment of illegal immigrants in detention as the latest example. But Bury said he would watch for signs of unfairness or prejudice as he questions prospective jurors individually.

Bury triggered a heated discussion with special prosecutor Grant Woods when he cautioned Woods against being dramatic or trying to invoke sympathy from jurors toward Dominguez's family when he makes his opening statements.

Bury said he should have interrupted Woods' opening in the first trial for acting inappropriately. "You tried this case as a wrongful death case," rather than being dispassionate and "wholly factual," the judge said — and he pointed to Woods showing jurors the photo of Dominguez, who was 22, as a young man. "Don't talk about the hurt of his family," he said.

Woods, a former Arizona attorney general, said the case, being prosecuted under state law and the Arizona Constitution but tried in federal court because Corbett is a federal law enforcement agent, requires that Arizona's "Victims' Rights Amendment needs to be respected."

"You do not have to lecture me on the rights of victims," Bury shot back. I am instructing you to conduct yourself as a prosecutor …a prosecutor in a federal criminal case does not attempt to evoke sympathy for the family of the victim."

Bury added that as a judge, he was obligated to respect the defendant's rights too.

But Woods and co-counsel Tyrone Mitchell also appeared to win on another point — a tattoo on the victim's hand.

Defense lawyer Sean Chapman noted that prosecutors want to provide testimony showing the victim as a person of "peaceful character."

He asked Bury to be able to offer testimony pointing to the possibility that a three-dot tattoo on Dominguez's hand meant he had belonged to a gang at some point.

But Chapman acknowledged that his expert testimony would show that "this tattoo commonly shows it's an indicator, not conclusive that someone's in a gang."

Woods said the tattoo was popularized by singer Ricky Martin, there was no evidence Dominguez belonged to a gang or had any criminal record and that allowing the gang allegation would be "extremely prejudicial."

Bury cautioned Chapman that if he tries to bring in the tattoo, "I have to hear something.

"'Could be gang association' isn't good enough for me. It sounds like you could come out on the short end of that."

Finally, Bury refused to prohibit critics of Corbett from distributing information outside the courthouse as Chapman sought.

"I'm not going to limit someone's right of free speech or to assemble or demonstrate," the judge said.

During the first trial, the judge did not allow jurors to hear details about Dominguez.

Much of the testimony during the retrial could be similar to what the initial jurors heard, when the 22-year-old Dominguez's two brothers and one's girlfriend testified that Dominguez was surrendering when Corbett shot him.

Bury previously ruled that prosecutors would not be allowed police reports citing Corbett for assaults against a neighbor and a girlfriend.