Closing Argument

Attorney General Vic Braden began the closing arguments.  Braden stated that Jodi spent her final 5 hours afraid and unsure of her fate.  She had tried to call for help about 4 p.m. that day but the call went unanswered.  Braden stated she then was led down a “trail of death” by Justin Thurber. 

 

Braden reiterated that he has the responsibility to prove guilt in the case.  He then went over the jury instructions one by one.  He mentioned the cell phone records for Jodi and Thurber tracked the whereabouts on January 5, 2007 confirming eye witness testimony.  The shoe prints proved Jodi was at the scene with Thurber.  Braden then states the evidence is as “good as you can get.”

 

Braden then turned to the physical evidence.  He stated the autopsy showed a “repositioning” of the strangulation.  He reminded the jurors that Thurber had told his ex-girlfriend the area would be a good place to get rid of a body and that the river would wash away the evidence.  Braden pointed out to the jury this knowledge in concealing and destroying evidence. 

 

Braden reminded the jury that when Thurber was picked up by his father he was calm and collected indicating no remorse for what had just happened.  Vic Braden states, “The defendant killed Jodi Sanderholm” while pointing to Thurber.  Braden then places a picture taken of Jodi during the autopsy and asks the jury “was that on purpose?”

 

Braden reminded the jury of computer evidence (searches for ‘Cowley Community College’ and ‘Tigerettes’ and states that is proves the action was intentional and pre-meditated.  He further states that Thurber had no injuries therefore; there is no evidence that Jodi provoked or threatened him.  Braden goes on to state, “the young woman was man-handled by the defendant…and it took time to kill her.”  Braden continues, “After he was done strangling her, he gave her one last smack that snapped her head back (lacerating an artery).”

 

Braden reminded the jury of the letter Thurber wrote to a friend six months after Jodi’s murder.  The letter stated “thank you for your help and when I get out I’ll take everyone to Hawaii.”  Braden reiterated, “he thought it over before he killed her.”

 

The prosecution took 35 minutes to present it’s closing argument.  Each side was allowed up to one hour. 

 

The defense chose not to present a closing argument.

 

Prosecution Rests

The state has rested it’s case.

The defense chose to present no evidence or witnesses.

The closing arguments will begin at 1:15p CST today.  Each side gets one hour then the jury will receive the case.

Day 5 of the trial for the murder of Jodi

Prosecutors presented their evidence regarding finding Jodi’s body, as well as, other physical and DNA evidence.  I have chosen to not post this information (although it can be easily found at www.kfdi.com, www.kwch.com, or www.kake.com) .  However, I would like to remind those following this case that Jodi was a great person and left behind many friends and family who cared for her deeply.  Please remember this when discussing the details of this case with friends and coworkers.  

However, based on this evidence the case against Justin  Thurber continues to build in my opinion.  It has been over two years since Jodi was murdered and it is well past time for justice to be served.

The prosecution is expected to rest it’s case on Wednesday.

Day 4 of the Murder of Jodi Trial

DAILY REMINDER: Please remember Jodi for the life she led rather than death she suffered at the hands of a murderer.  While the details sure to be released in the upcoming days will be dramatic, please remember she was a wonderful person who still deserves respect and privacy in death.  It is important for people to understand how horrible this crime was to understand the need for anti-stalking law change, but please do not make the details your office water cooler talk.    

 

Testimony began today with KBI Agent Dave Falletti describing maps of where Jodi’s body was found.

 

Colby Wilson, took the stand next he testified to the fact that he was in Texas at the time of Jodi’s disappearance.  They had dated since she was in the eighth grade and she had two promise rings from Colby when she was murdered.

 

Some of the defendant’s friends testified.  First was Travis Alberding.  There was the sound of a chain rattling as he walked to the witness stand.  He is currently in the Labette County jail on unrelated charges.  He worked with the defendant at a waste company at Strother Field airport.  He stated the defendant and himself were “party buddies.”  Police contacted Alberding on 1/5/2007 to see if he was with Justin.  He was not.  He later spoke to Justin who told him he did not know why the police were looking for him.  Alberding was also contacted by Justin’s dad to about where Justin’s car was.

 

Rick Atteberry of the Kansas Bureau of Investigations took the stand to show the video of him questioning Thurber on 1/7/2007.  As Thurber viewed the video he was relaxed back in his chair with his hands behind his head.  The video showed the Thurber stating he “…knew who Jodi was…” going on to say “…they lived on the same block as me…”  He further stated, “I’ don’t’ hang out with that type of crowd…” 

 

Thurber admitted to driving on the Cowley campus the day Jodi went missing.  He stated he was with friends that day and that near Dexter they had pulled over to “roll a blunt…” then at some point they got stuck “in the sand.”  He stated he fell down a couple of times and got muddy while trying to push the car out of the “sand.”  He stated he then began walking along Highway 166 near Cedarvale when he called his dad for a ride.  After returning home he showered and went to Subway to get his check. 

 

The questioning went back to when he was driving around campus.  The KBI agent told him people had seen him driving Jodi’s car.  During several questions Justin changed his answer.

Further testimony by trackers and ACPD included photos of Jodi’s Tigerette jacket, wallet, ID, shorts and leotard that were recovered form the toilet at Cowley Fishing Lake.  Photos of her car being pulled from the lake were shown.  Additionally, testimony that the passenger seat and floor board carpet was cut out of the car.  These were recovered from the toilet as well. Jodi’s mother positively identified these items for police. 

 

Stacey Michelle tracker with the Ark City Fire Department returned to the stand as the day’s last witness.  He testified that a foot print was found near the area Jodi was found in the Kaw Wildlife Area.  The print matching Thurber’s shoe was found on Monday.  The officers were losing light and had to secure the scene until Tuesday morning.  On Tuesday morning after returning to the area the trackers walked a distance of several dozen yards when Michelle states he notices a brush pile.  “That’s when I noticed Jodi’s fingers sticking up out of the brush pile,” says Michelle. 

 

There will be no court tomorrow.  The testimony will resume on Monday at 9 a.m.

Trial Day 3 Summary

DAILY REMINDER: Please remember Jodi for the life she led rather than death she suffered at the hands of a murderer.  While the details sure to be released in the upcoming days will be dramatic.  Please remember she was a wonderful person who still deserves respect and privacy in death.  It is important for people to understand how horrible this crime was to understand the need for anti-stalking law change, but please do not make the details your office water cooler talk.    

 

Prosecutors continued to build the timeline leading up to Jodi’s disappearance.  Witnesses were called to discuss video footage from Cowley County Community College and the Subway where the defendant worked prior to Jodi’s death. 

 

Jodi’s parents took the stand as well to describe the events of 1/5/2007.  Brian Sanderholm began his testimony describing a “normal day.”  He left for work about 7:30 a.m. and did not see Jodi as she was still in bed.  He later went to lunch with Cindy (Jodi’s mom). 

 

Cindy Sanderholm’s testimony followed.  Cindy described her relationship with Jodi as wonderful and mentioned double dating often with Jodi and her boyfriend. Cindy worked for the couple’s business, Ark City Glass and described the day as “normal” as well.  She spoke with Jodi at 11:51 a.m. (phone records recorded the time).  Jodi stated she was feeling too sweaty to go to lunch and wanted to go home and take a shower before going to a friends’ house.  After lunch (12:40 p.m.) Cindy began calling Jodi and was unable to reach her.  After a few tries she began calling Jodi’s friends and was unable to locate Jodi. 

 

About 4 p.m. Cindy returned home to try to locate Jodi. At the house she found no sign Jodi had entered the house.  The mail was not there, the shower was not wet, and Jodi’s dance clothes were not there.  Cindy stated, “I was a nervous wreck.” Cindy continued to look for her daughter until 6 p.m. when the Sanderholm’s called the police. 

 

The defendant’s family took the stand today as well. His sister confirmed phone records of her calls to him on 1/5/2007.  Afterwards, his mother took the stand and confirmed that he was living at home with her, her husband and daughter at the time of Jodi’s murder.  She further confirmed the calls made that day and the fact that her husband went to pick up the defendant after one of those calls from east of town on Highway 166 about 6 p.m.  She confirmed she laundered the clothes he was wearing that day. 

 

The defendant’s father was next on the stand.  He confirmed picking his son up from Highway 166 that evening and stated he had troubles locating him in the dark.  At the time he picked up his son he asked if they needed to pick up the friends that the defendant had previously stated he was with when the car became stuck.  The defendant told him that the friends had walked the other way and they should return to town to see if they call.  The father’s testimony ended with “there wasn’t anything out of the ordinary that I could tell.”

 

Ark City Police Department officers testified of the investigation the night of 1/5/2007.  Officers went to the Sirloin Stockade to speak with a friend of Jodi’s when they learned the defendant and been seen following Jodi after the dance practice.  The police began looking for Justin Thurber at that time.

 

Additional testimony included:

• A friend of Jodi’s stating she saw Jodi with a man in her car at 12:04 p.m. She tried to call Jodi and did not receive an answer.
• KBI Agent Dave Falletti’s testimony of the cellular phone records of Justin Thurber and Jodi Sanderholm during the time frame of Noon to about 7 p.m.  Phone records show the two cell phones were in the same towers or out of service at the same time.
• Witness testimony from MeLynda Shritter stated the she was in the Kaw Wildlife Area on the day Jodi went missing.  She witnessed a black car (matching Jodi’s) with a man driving it sometime between 3-4 p.m.  She was asked to ID the man driving and pointed to the defendant.  She was shown a police photo line up of six men and identified the defendant.  When asked if she was sure.  She stated, “I am 100% sure.”  Her testimony was confirmed by the account of her aunt who accompanied her that day. 
• A man stating he saw Jodi’s car along Highway 166 on 1/5/2007.  Accompanied by the gas station manager with a receipt to confirm the man was indeed in the area at the time.
• Additional witness placing a man in dark clothing walking along Highway 166 after dark. 
• Subway workers testified that the defendant picked up his paycheck about 7:30 p.m. on 1/5/2007 driving his own car. 
• Testimony of a neighbor of the Sanderholm’s stated she had seen a man several times walking on the dead-end street that the Sanderholm’s lived.  She saw the man the evening of 1/5/2007.  He walked down the adjoining street looking at the Sanderholm’s residence.  Patrol cars were present at the time.  She identified the man as Justin Thurber in the court room. 

New Mexico residents contact your State Senators in support of SB166!

New Mexico’s version of Jodi’s Law will be heard in the Public Affairs Committee on Friday.  Please email the following State Senators with your support of SB166.
 
dede.feldman@nmlegis.gov
vernon@asbillforsenate.com
boitanom@aol.com
maryjane.garcia@nmlegis.gov
eric.griego@nmlegis.gov
munozgeo@gmail.com
cynthia.nava@nmlegis.gov
ggkern@valor.net
 
You don’t have to be extremely specific.  I have included an example below:
 
Subject (Most important to put SB166 and vote YES in subject): Please vote YES for SB166
 
Body: 
Please vote in support of SB166 on Friday.  Statistics show 1 in 4 NM women will be the victim of a stalker sometime in her life.  Stalking is a crime that often increases in intensity and can last for years leaving the victim in constant fear.  Strengthening the current laws will help to provide law enforcement the necessary tool to protect New Mexico’s women. 
 
Thank you in advance for your help in ensuring the passing of SB166!

Trial Day Two

Much of the testimony today helped the prosecution build a time line of the day Jodi was murdered.  The witnesses were comprised of woman stating Thurber stalked them and video evidence of his whereabouts on 1/5/2007. 

In all 20 witnesses took the stand today.  Many were former members of the Tigerette dance team with Jodi and testified that Thurber had followed them in the days preceding Jodi’s murder.   One stated that she began trying to call Jodi at about 12:30 p.m. on 1/5/2007 and went to look for her when she could not reach Jodi.  She stated, “We were getting worried.”  By this time it was after 5 p.m.  The friend was asked by prosecutor Vic Braden how long she looked for Jodi.  Her reply “for about 4 days.” 

Today’s testimony followed testimony from yesterday afternoon from cellular phone experts.  The testimony explained the procedures for mobile calls and the tracking that was done for this case.

After lunch the jury was taken on a tour of the following: Cowley County Community College campus (dance practice), Cowley County Fishing Lake (where Jodi’s car, clothes and mail were found), and the Kaw Wildlife Area (where Jodi’s body was found). 

The trial is not expected to have further testimony today.  Testimony is expected to begin again tomorrow at 9 a.m. CST.

Please remember while discussing this case that Jodi was an incredible person who left behind many friends and family.  While the details of her death may be dramatic and horrible the life she led is what she should be remembered for.

UPDATE: Women tell of run ins with Thurber

From http://www.newscow.net/story.php?StoryID=2729:

UPDATE: 5:40 p.m. – Arkansas City Police Officer Tom Scott testified during Justin Thurber’s capital murder trial Monday afternoon that he went to the Kaw Wildlife Area with Alexis Swartzel, Thurber’s ex-girlfriend, because she told police she had gone to the area many times with Thurber and that he once told her that that would be a good area to get rid of a body.

The body of Jodi Sanderholm, a Cowley College student and dance team member, was found in the area several days after she disappeared in January 2007.

Swartzel also described how Thurber had became more violent when they had sex for about a month before they broke up – even choking her. Sanderholm was strangled from five to 12 minutes before she died, besides being raped and assaulted.

“She was strangled – repeatedly strangled,” Kansas Assistant Attorney General Vic Braden said during his opening statement Monday morning. Sanderholm would gasp for air and  Thurber would allow her to live a little longer before he began strangling her again, Braden said.

Two young women who worked at Subway during the time Sanderholm disappeared took the stand Monday to describe how they felt Thurber stalked them and that they were frightened of him. Thurber worked at the restaurant with Megan Maloy and Nicole Hays.

He texted Hays to find out if Maloy was single, according to testimony.

Maloy said she was curious about Thurber’s interest and called him. He didn’t answer then but called her back. She told him she was curious who was interested in her but that she had just broken up with a boyfriend and wasn’t interested in dating.

Later, as Maloy was closing the restaurant, she saw Thurber drive by at least 12 times. Maloy said she called Hays, who was the restaurant manager, and told her about Thurber.

Hays told her to write down what happened so she could talk to her supervisor. Hays also suggested Maloy ask for a police escort when she left work if she was uncomfortable. Maloy did ask for an escort twice. She wrote the note on Jan. 2 and was escorted by police on the third and fourth of January 2007.

Hays said Thurber’s last working day at Subway was Dec. 28, 2006. She said she fired him because none of the other employees wanted to work with him.

Hays also asked for a police escort after Thurber asked her to take him home one morning because his car had broken down. She told him she didn’t have time. The police were there on Jan. 4 when she arrived about 6:30 a.m. to open the store. Wood was jammed into the key hole and her key didn’t work.

Several cell phone company experts testified Monday afternoon how cell phone signals helped track Thurber and 19-year-old Sanderholm to the remote area where her body was found. The witnesses described how signals bounce off towers allowing the phones to be located.

—————————————————————————-

It took Jodi Sanderholm 5-12 minutes to die after she was kidnapped and sexually assaulted on the day she disappeared on Jan. 5, 2007, Assistant Attorney General Vic Braden told a Cowley County jury Monday morning.

The 19-year-old college student and dance team member was strangled and struck so hard in the face that it snapped her head back and lacerated an artery in the back of her neck, he said.

Braden detailed what he believes happened between Sanderholm and accused murderer Justin Thurber during his opening remarks on the first day of Thurber’s capital murder trial in Cowley County District Court in Winfield.

Ron Evans, Kansas Death Penalty Defense Unit, told jurors that if they find him guilty they will be asked to spare his life.

A number of women have said Thurber stalked them and that they were afraid of him. Several fellow dance team members said Thurber followed them in the days before Sanderholm was killed and that they saw him sitting in his car outside where the dance team practiced.

The college dance team practice ended around noon, Sanderholm called her mother on her cell phone to say she won’t meet her for lunch, Braden told jurors. A friend later saw Sanderholm’s car going east on Kansas Avenue in Ark City. She called Sanderholm’s cell phone but there is no answer.

Sanderholm’s car was dragged from the Cowley County State Fishing Lake four days later. Her body was found hidden under some brush.

The jury was dismissed at 11:30 a.m. for lunch. Testimony was expected to resume this afternoon. Several relatives of other murder victims are present to support the Sanderholm family.

Opening Statements at the Trial

It has been a long road to justice for the Sanderholm’s.  However, the trial of Jodi Sanderholm’s murder did finally begin today.  I have chosen to give a full account of the proceedings including the graphic testimony.  This is not something I enjoy hearing or writing; however, it is important to understand the full extent of this crime.  Please keep in mind when reading and discussing the case that Jodi was a dear person.  She left behind a family and many great friends.  Please remember this during any discussions of the case!

Prosecutor Vic Braden began with his opening statement at 9 a.m. CST. 

Braden’s statement detailed the fact that on 1/5/07 three women recalled seeing Justin Thurber near the Tigerette’s dance practice.  He detailed a camera footage timeline that placed Thurber in the area for much of the time Jodi was in practice.  He went on to detail that Jodi called her mother at 11:51 a.m.  It was the last time Cindy Sanderholm would ever speak to her youngest daughter.  Jodi placed the call to say she was heading home.  Braden stated that evidence shows that Jodi never made it inside her home that day. 

Braden explained that testimony would show that at 12:04 p.m. a friend of Jodi’s saw her car on C Street near Kansas Ave.  The car was being driven by a “big man” with Jodi in the passenger seat.  The friend will testify she saw the czar turn east on Kansas Ave.  The direction of Cowley County Fishing Lake & the Kaw Wildlife Area where Jodi was later found.

During the time frame of 12:04 p.m. to 6 p.m. Braden plans to present evidence that Jodi and Thurber’s cell phones were using the same towers.  Until approximately 6 p.m. when Thurber calls to home to request a ride from near the Cowley County Fishing Lake.  His father went to pick him up and described him as “wet.”  His story was that he had been with friends and grown tired of waiting and left the friends.

At 6:08 p.m. Brian Sanderholm reported Jodi as missing to the Ark City Police Department.

At 7:34 p.m. Thurber went to the local Subway to pick up his paycheck.

Meanwhile, Lt. Eric Burr begins to question Jodi’s friends about where she could be. He discovers that many Tigerettes witnessed Thurber in the area that day and begins searching for Thurber.

About 8 p.m. Braden states that evidence will show Thurber began emailing another woman and showing interest in her.

About 10:30 p.m. LT. Eric Burr locates Justin Thurber and takes him into custody on previous charges.

Braden plans to bring additional testimony regarding Thurber’s friends stating they were told that Thurber bragged about watching Jodi swim and undress when Jodi was 9 years old.  

Braden detailed that on 1/8/07 Jodi’s car was located at the bottom of Cowley County Fishing Lake and that the upholstery on the passenger’s seat had been cut out.  Jodi’s clothing and mail were found in a nearby toilet.  On the car’s driver side a 5mm hair was found.  IT was DNA tested and is a match for Justin Thurber.

The next day trackers found the body of Jodi Sanderholm in the Kaw Wildlife Area under a pile of branches.  Trackers also identified muddy footprints matching that of Jodi’s flip flops and shoes taken from Justin Thurber’s house.  Jodi was wearing artificial fingernails.  Under the right hand middle finger was DNA matching that of Justin Thurber. 

WARNING THE FOLLOWING IS GRAPHIC TESTIMONY OF THE CONDITION OF JODI’S BODY: 

Braden stated the Jodi weighing barely 100-pounds was “struck so hard in the face that it snapped her head back and lacerated an artery in the back of her neck.”   She was also strangled.  Autopsy evidence show the strangulation took from 5-12 minutes for her to die.   Autopsy results also show lacerations on her back consistent with being dragged for approximately 30 feet.  It is believed that after being dragged she was disrobed and assaulted.  A stick was found shoved about 2-inches into her anal cavity autopsy results will show this happened while she was alive.  In addition, wood debris was found in her vagina.  Crushed up leaves were found in her ears and debris and leaves were found shoved in her mouth.

Prosecutor Vic Braden rested. 

Defense attorney Ron Evans delivered his opening statement in about 3 minutes.  He commended the jurors on willing to sit and be fair and impartial.  He then stated, “If you hold him accountable for the murder of Jodi…then we’ll ask you to spare his life.”

Trial to begin this morning…

The trial in the Jodi Sanderholm murder will begin this morning at 9 a.m. CST.  Local CBS affiliate KWCH (www.kwch.com) will carry a live video stream.

KFDI Live Video Stream and Blogging

http://news.kfdi.com/ThurberCoverage/tabid/6078/Default.aspx

KWCH Live Video Stream and Blogging 

http://www.kwch.com/global/story.asp?s=9733026

Ark City Traveler Live Blogging 

http://www.arkcity.net/thurber.shtml