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Photo by Donita Clausen click image to enlarge

By FOSS FARRAR
Traveler Staff Writer

Thirty-seven witnesses are expected to testify this week at the preliminary hearing of Justin Thurber, charged with capital murder, kidnapping, rape and sodomy in the death of 19-year-old Jodi Sanderholm, of Arkansas City.

The preliminary hearing opens at 9 a.m. Wednesday in the large courtroom at Cowley County Courthouse in Winfield. It is open to the public.

"It's very much like a truncated trial," County Attorney Chris Smith said.

Sanderholm, a member of the Cowley College dance team, disappeared Jan. 5 shortly after dance class. She was last seen at the local Subway restaurant. Her body was found four days later in southeastern Cowley County. Officials said she died of strangulation and blunt force trauma. Her car was found the same day and pulled from the Cowley State Fishing Lake.

The hearing is expected to take no longer than three days, ending Friday, Smith said. At its end, Judge Jim Pringle will decide whether or not there is probable cause to proceed with a trial.

"It's a show-cause or probable-cause hearing," Smith said. "The judge must decide: Is there probable cause to believe a crime was committed and that the defendant committed the crime?"

On the prosecution side, the lead attorney will be Attorney General Paul Morrison. He will question some witnesses and so will his assistant, Andrew Bauch, and Smith.

Tim Frieden and Ron Evans, of the death penalty defense unit at the Kansas State Board of Indigents' Defense Services, are expected to represent Thurber.

There are not likely to be opening statements, although lawyers will be offered the opportunity to make them, Smith said. After each witness is questioned by the prosecution, defense lawyers will be given a chance to question them.

"I don't know the exact number of pieces of evidence presented at the preliminary hearing," Smith said. "There will be some but not as much as at trial."

Smith said there will be opportunity for closing arguments at the end of the hearing before the judge makes his decision.

If the judge finds probable cause, he will ask the defense attorney if he is ready for arraignment, Smith said. Arraignment is the time when the defendant enters a formal plea.

"The defense could ask for time (before the arraignment)," he said.

Prosecutors have five days after the arraignment to decide whether to seek the death penalty.

Smith described the arraignment date as "the magic date."

"From that date, the state has 90 days to bring the defendant to trial if he's in custody, or 180 days if he's out," Smith said. "It is to safeguard a defendant's constitutional right to speedy trial, and it also is set by state statute."

However, continuances may be requested by the defense, he added.

"The defense can ask for continuances as long as the judge allows," Smith said.

If the judge does not find probable cause for the case to go to trial, the defendant would be dismissed "without prejudice," Smith said.

"That means the state could bring (the case) up again (later) for trial," he said.

Above: County Attorney Chris Smith hopes to complete the preliminary hearing for Justin Thurber in three days.