Justin Thurber’s days as an inmate at the Cowley County jail in Winfield will end pretty quickly following his sentencing Friday.
For the better part of 26 months ? he was arrested as a suspect in the death of Jodi Sanderholm in January 2007 ? Thurber has been housed in the local jail. After his sentencing at 9 a.m. he’ll be bound for death row in El Dorado.
He was convicted of capital murder last month.
The Kansas Department of Corrections requires a packet of forms be completed before Thurber is transferred. And that’s mostly what stands between Thurber and the start of his death penalty sentence and appeal process.
"With any luck the paperwork will be finished Friday," Cowley County Attorney Chris Smith said. "But I can’t say that for sure."
There are a few formalities to be handled during sentencing proceedings. Judge Jim Pringle will have to rule on a couple defense motions and then uphold a jury’s recommendation of the death penalty.
Before his final decision, Sanderholm’s family will get the opportunity to speak in open court if they so choose. In some cases, family members read prepared statements and can speak directly to the convicted person.
Attorneys for both sides will also get a chance to address the court. Thurber will also have the option to make comments.
Since the death penalty was restored in Kansas in 1994, no judge has gone against a jury’s recommendation. Thurber would become the 11th person on death row.
Kansas has not put a person to death since 1965. A death sentence triggers an automatic appeal to the Kansas Supreme Court that can lead to years of legal back-and-forth.
NEW TRIAL MOTION
Thurber’s attorneys made headlines with other media outlets this week because of a motion for a new trial and a judgment of acquittal. The defense argued that prior bad acts testimony used against Thurber tainted the jury and that Thurber was improperly arrested.
Both Smith and two other legal sources told NewsCow that the motions were common in every major trial. Judge Pringle also had previous opportunities to address the issue of prior bad acts testimony and improper arrest and has ruled against the defense each time.
Most recently ? just before the penalty phase of Thurber’s trial began last month ? the defense argued that testimony from women about Thurber’s past behavior made it impossible for the same jury to both determine guilt and hand down a sentencing recommendation.
Pringle disagreed and the sentencing phase continued.
Smith said the improper arrest issued also had been ruled on previously.
That’s why he is confident there will be no surprises during sentencing and he expects a motion for acquittal and a new trial to be rejected.
"Every defense attorney asks for the same things, and they should, you have ask," said Smith, who was a public defender before being elected county attorney. "But in all my years as a defense attorney and a prosecutor, I don’t know that I’ve ever seen it granted. If anything, the motions give us a foretaste of what the issues might be on appeal."
Attorneys for the defense have declined to speak with the media since the case began.
Check back with NewsCow for updates from the sentencing.
