Justin Thurber’s capital-murder trial in the death of Arkansas City’s Jodi Sanderholm could start Jan. 26 if a Cowley County judge determines Thurber is competent to stand trial, County Attorney Chris Smith said late Friday.
"If he’s found competent you’ll see things move very fast," Smith said. "We’re ready for trial, the only remaining question is competency."
The late January trial date would allow potential jurors – who have already undergone an initial screening process – to celebrate the holiday season before being called to court duty, court officials have said. Thurber’s trial date was originally set for earlier this fall but was postponed when a mental health professional for the defense determined Thurber was unfit for trial.
He was then sent to Larned for evaluation but since has returned.
Smith said the new date for trial is one that has "been kicked around quite a bit" and should hold firm if Thurber is found mentally fit. Judge Jim Pringle will meet behind closed doors with attorneys from both sides Dec. 16 to discuss competency.
Thurber is accused of sexual assault and capital murder in the Jan. 2007 death of Sanderholm. Smith is assisting the Kansas Attorney General’s Office in prosecuting the case.
The county attorney’s office also announced it has moved another high profile case from the January docket to later in the year. Smith said moving the trial of Robert L. White – a suspect in the Oct. 2007 Jump Start shooting – will free up resources for the Thurber trial.
White faces a charge of attempted first degree murder. He has waived his right to speedy proceedings which means his trial will be moved to late spring or early summer 2009. He was originally set to go to trial in January, Smith said.
