Justin Thurber is not competent to stand trial in the murder of Jodi Sanderholm, Thurber’s attorneys said in a document released Thursday morning.
"A mental health professional hired by the defense in this case, has informed counsel that the defendant is presently incompetent for purposes of going foward with instant prosecution," the defense said in a motion filed with the court earlier this week.
The document was under seal – or unavailable to the public – until a closed hearing was held Wednesday.
Judge Jim Pringle will consider the competency issue at a closed hearing next week.
If Pringle were to rule that Thurber is incompetent for trial, the defendant would be sent to Larned until such time that he became competent.
Cowley County Attorney Chris Smith said that prosecutors are reacting appropriately to the defense motion and are opposed to any developments that might delay the start of the trial.
