Prosecutors in the Justin Thurber capital murder trial case will ask that Thurber’s trial begin by mid-fall as it becomes more and more clear an early-summer start will be scratched from the court calendar, Cowley County Attorney Chris Smith said Thursday.
Attorneys for Thurber asked that the trial be delayed in a motion for a continuance filed last month. Judge Jim Pringle is expected to rule on that motion ? and a motion seeking a change of venue ? on Wednesday.
Smith said prosecutors feel certain the trial will not begin on June 24, a date first proposed last year.
“Obviously the judge does not want to rush to trial in a capital murder case,” he said. “Everyone needs a chance to be fully prepared.”
That said, Smith said he and assistant Kansas Attorney General Vic Braden hope proceedings are not delayed any longer than absolutely necessary.
“I think our official stance would be that there be no continuance,” he said. “But we’d definitely hope to be to trial by late October or November.”
Thurber ? who is accused of murder, rape and sodomy in the death of Jodi Sanderholm in January 2007 ? is represented by Tim Frieden and the state’s death penalty defense unit. In a written motion asking for a delay, Frieden cited the defense unit’s case load and the amount of preparation needed for Thurber’s case, as reasons for a delay.
Prosecutors expect the defense could seek to move the date as far ahead as early 2009. Smith said he would be a “little concerned” by such a delay.
“At some point it’s time to move ahead to trial,” he said.
Smith spoke with NewsCow by phone about the case for a few minutes Thursday, a day after prosecutors learned that much of the prior bad acts evidence they sought to present would be allowed.
“We were very pleased with the judge’s rulings,” he said.
