Web posted
Wednesday, July 9, 2008
Judge: prejudice unproven
By FOSS FARRAR
Traveler Staff Writer
reporter@arkcity.net
WINFIELD -- The Justin Thurber trial will start this fall and take place at the Cowley County Courthouse in Winfield, a district court judge ruled Tuesday.
Judge Jim Pringle denied a defense motion to have the case tried outside of Cowley County and outlined jury selection procedures at a morning hearing at the courthouse.
Pringle said the law favors holding a trial where a crime is committed. The burden is on the defense to show that prejudice in a community is so great that a defendant cannot receive a fair trial there.
"At this time, the defendant has failed to show it is impossible to get a fair trial in Cowley County," Pringle said.
The judge said the change-of-venue issue could be reviewed again during juror selection procedures. They start Sept. 29 when hundreds of potential jurors are to be called to a location in Winfield to fill out a questionnaire.
Lawyers are scheduled to begin questioning a smaller group of potential jurors on Oct. 6.
Opening statements in the trial should begin Oct. 14, Pringle said.
Thurber, 25, is charged in the death of Jodi Sanderholm, a 19-year-old freshman at Cowley County, after she attended a danceline practice on Jan. 5, 2007.
The defendant is charged with capital murder, rape, aggravated kidnapping and aggravated criminal sodomy.
Thurber appeared at the hearing Tuesday wearing a trimmed beard and mustache. He didn't show any outward emotion during the hearing.
His mother, Glenda Thurber, wiped tears from her eyes during a lull in the hearing. The lawyers and the judge had left the courtroom to meet privately in an adjacent room to schedule pretrial procedures.
Several members of Sanderholm's family also were present including her parents, Brian and Cindy Sanderholm, and Jodi's sister, Jennifer Mayfield.
"We're just very pleased and excited we can see an end," Cindy Sanderholm said after the judge had set a trial date and adjourned the hearing.
In his change-of-venue ruling, Pringle said: "The burden is on the defendant to show prejudice in the county, not as a matter of speculation but as demonstrable reality."
The defense had not done so in this case, he added, despite testimony of a communication psychologist at a previous Thurber hearing. The defense witness said Cowley County residents overwhelmingly feel Thurber is guilty and have a strong emotional reaction to the case.
Pete Hamilton, a retired university professor, said at a hearing on April 23 that he based his conclusions on a survey of Cowley County residents conducted by an Omaha, Neb., company. He said those surveyed showed a high awareness of the Thurber case and that media coverage had been extensive.
But extensive media coverage does not automatically mean a defendant cannot get a fair trial, Pringle said.
"In this case, none of the news reports can be interpreted as inflammatory," the judge said. Media coverage of the Thurber case has been factual and not solely gathered from state authorities, he added.
After the change-of-venue ruling, Pringle held a phone conference in his chambers adjacent to the courtroom. Accompanying him were Thurber, his attorney, Tim Frieden, and prosecution attorneys, Cowley County Attorney Chris Smith, state Assistant Attorneys General Vic Braden and Andrew Bauch.
The phone conference was held to allow absent defense attorney Ron Evans to participate, Pringle said.
After the conference, Pringle and the others returned to the courtroom, and he announced jury selection procedures and scheduling.
Pringle said jurors will be picked from panels of 200 people each who fill out a questionnaire to screen out potential jurors determined by attorneys to be prejudiced in some way.
Two groups of 200 people each will be brought to Winfield on Sept. 29, to a roomy location yet to be determined, Pringle said. A third group might be added, and the process could continue on Sept. 30.
On Oct. 3, attorneys for both sides will review questionnaire results. "There may be a legal discussion to excuse certain potential jurors," Pringle said.
Jury selection from the smaller pool will begin Oct. 6. Pringle estimated that the questioning and selection of 12 jurors and several alternates would take about a week.
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