Justin Thurber will wait nearly a year before going on trial for the murder of 19-year-old Jodi Sanderholm of Arkansas City.
Not guilty pleas were entered for Thurber by Cowley County District Court Judge Jim Pringle Monday when Thurber’s attorney, Tim Frieden, advised the court his client would stand mute in response to the charges.
Defendants can choose to be silent rather than enter a guilty or not guilty plea themselves at arraignment.
Thurber is charged with capital murder, aggravated kidnapping, rape and aggravated sodomy. One charge was amended to indicate Sanderholm was rendered powerless or unconscious when the sexual assault occurred.
After some discussions between Frieden and Kansas Attorney General Paul Morrison, Pringle set a date of June 24, 2008 for the start of a trial expected to last at least one month. Morrison also served the defense with a notice to seek a separate sentencing proceeding and a notice of intent to establish aggravated circumstances.
The notices give the prosecution the option of pursuing the death penalty against Thurber should he be convicted. Morrison told the court a decision on seeking the death penalty had not been made and said the motions served to the defense were meant to “keep our options open.”
In opting for a trial date next summer, Thurber waived his right to a speedy trial. Constitutional law gives defendants the right to a trial within 90 days of arraignment. Pringle asked Thurber, who wore slacks and a shirt and tie in court, whether he understood he was giving up this right when he signed a waiver for the court.
“Yes sir,” Thurber said.
Frieden said the defense would need the time between now and next summer to prep for the case and handle other pending cases. Attorneys for Thurber are with the Kansas Death Penalty Defense Unit, which handles multiple cases.
The defense also indicated it would file a motion seeking a change of trial venue. Pringle set a hearing for Jan. 11 to consider that motion and a motion to suppress. Defendants can seek to move a trial out of a particular jurisdiction when they believe the cannot receive a fair trial there.
A pre-trial hearing to consider motions not requiring evidence was set for Nov. 7.
Thurber is accused of kidnapping Sanderholm on Jan. 5 of this year. Her body was found in a rural area of southeast Cowley County Jan. 9. Her car was recovered the same day at the bottom of the Cowley State Fishing lake about 11 miles from where her body was discovered.
