Prosecutors in the capital murder trial of Justin Thurber are asking Judge Jim Pringle to allow them to present two theories explaining how Thurber may have killed Jodi Sanderholm in Jan. 2007. Thurber’s trial is set to begin in Oct.
A motions hearing scheduled for Thursday was postponed until Sept. 26 at the request of defense attorneys who said they need more time to prepare. Thurber had been waiting just outside the courtroom when Pringle announced there would be no hearing.
Assistant Attorney General Vic Braden dismissed talk that this most recent delay might lead to a delay in the start of the trial.
"We’ll fight that," Braden said, when asked if the trial date could be moved, again. "We’re ready to go. Ready for motions. Ready for a trial."
Thurber’s trial was originally set to begin earlier this summer but was delayed to provide more time for preparation. As has been the case previously, Thurber’s attorneys left the Cowley County Courthouse in Winfield without comment.
While there was little courtroom activity, Braden ? who is leading the prosecution of Thurber ? spoke about his request to be allowed to pursue a capital murder charge based on alternate theories of the crime.
Prosecutors plan to argue that Thurber either committed capital murder and aggravated sodomy or capital murder and attempted rape. Either a the aggravated sodomy charge or attempted rape must be proven to sustain a capital murder conviction, which can lead to a death penalty sentence.
Braden said offering two theories of the crime would put the prosecution in the "strongest position possible" once the jury began deliberations. Judge Pringle has yet to rule on the request, which the defense is expected to contest.
If the prosecution’s request is granted, Thurber would stand trial on the capital murder trial and an aggravated kidnapping charge.
Thursday’s hearing was expected to include argument on the admissibility of photo, audio and evidence seized from a computer. The prosecution is also asking that jurors get the chance to visit the scene where Sanderholm’s murder is said to have occurred.
Pringle will hear arguments on those motions and hold a hearing on the admissibility of scientific evidence Sept. 26. The hearing on scientific evidence is not open to the public.
