Web posted
Friday, February 23, 2007
Prosecutors add charge of sodomy to Thurber case
By RHONDA ROSS
Staff Writer
Prosecutors on Thursday added another charge against Justin Thurber in the disappearance and death of Jodi Sanderholm.
The charge is aggravated criminal sodomy. The new charge will be added to the previous charges of aggravated kidnapping, rape and capital murder, according to Kansas Attorney General Paul Morrison and Cowley County Attorney Chris Smith.
Smith said this morning that some evidence had come back that demonstrated to them that the additional charge needed to be brought.
"It was something we thought, but we just wanted to make sure we had the evidence to sustain the charge," he said. "It's another charge to go with in what we believe happened to Miss Sanderholm."
Sanderholm, a 19-year-old Cowley College student and member of the dance team, disappeared shortly after dance class on Friday, Jan. 5. She was last seen at the local Subway restaurant on North Summit. She was found murdered four days later in southeastern Cowley County. Her car was pulled from the Cowley State Fishing Lake later that same day.
Smith said the new charge was an "aggravating charge" and in the capital murder statute, if a person commits a murder while engaged in a rape or aggravated criminal sodomy, it allows the state to make it a death-eligible case if prosecutors choose that route.
He said the state already had that option with the rape charge but this would give them another option.
Prosecutors have not confirmed that they will pursue the death penalty. Smith and Morrison have until five days after Thurber's arraignment to make that decision. Thurber is being represented by an attorney from Wichita with the state's death penalty unit.
Smith said he had new information about a hearing scheduled for next Tuesday at 2:30 p.m. in the Winfield courthouse. On Wednesday, he had stated that he did not yet know if the hearing would take place in person or over the phone. This morning he said it appeared the conference would take place in person.
"I anticipate that all of the attorneys will be present," he said.
Smith said he was pretty sure that the defendant would be present, as well.
However, he added that depends on the defense attorneys.
"They may elect to go by phone, but it looks like the state's attorneys will be present."
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