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Thurber hearing recessed to later today

From STAFF REPORTS

District Court Judge Jim Pringle heard several motions Wednesday morning in the capital murder case of Justin Thurber.

The hearing was scheduled to continue this afternoon, at which time rulings could be made on several topics.

The defense is challenging the constitutionality of the death penalty and disputing whether Thurber's past criminal record should matter at trial.

The defense also wants certain photographs of the victim, Jodi Sanderholm, barred from evidence and is seeking video tape evidence from the Subway in Ark City it says has not been provided by the prosecution.

Tim Frieden, Thurber's attorney, also argued that people with religious beliefs against the death penalty should not be excluded from serving on the jury.