Suspect in Wilberger case due back in court today
The man indicted for the murder of Brooke Wilberger is scheduled to appear in a New Mexico court this morning. The time the court gave Joel Patrick Courtney’s attorney to file a formal challenge to his extradition to Oregon to face aggravated murder charges in connection with the teenager’s 2004 disappearance has passed, and today’s meeting will be to define the next step.
Benton County District Attorney John Haroldson, who said he will seek the death penalty for Courtney, said he expects Courtney’s defense to present a request for more time, but anything could happen.
“I’m hopeful that he’ll waive (the extradition challenge) … I prepare myself for every possible scenario and recognize the fact that the court has a better appreciation for the delays and the need for justice,” Haroldson said. “In the meantime, I’m going to continue to do everything in my power to facilitate the process so that we can bring him to Oregon and move forward with our case.”
May 24 will mark four years since Wilberger’s disappearance.
Courtney, 41, faces charges here that include aggravated murder, kidnapping and rape in connection with Wilberger’s disappearance while cleaning lamp fixtures at an apartment complex near Oregon State University.
Courtney’s attorney, Stephen Aarons, was appointed to the case less than 24 hours before Courtney’s last court hearing on Feb. 8.
Aarons told the court that he intended to challenge whether the van used as evidence in the case actually belonged to Courtney. He told the Gazette-Times on Feb. 8 that there also are “several other issues” that could be challenged. At that time, the court gave Aarons 36 days to familiarize himself with the case and present his legal challenge.
Aarons did not return calls Thursday from the Gazette-Times.
Courtney, who pleaded guilty in September 2007 to kidnapping and raping a University of New Mexico student, is being held in a state prison near Santa Fe. He was sentenced to 18 years in prison for those crimes.
The Benton County District Attorney’s Office indicted Courtney in May 2005 on charges of kidnapping, rape, sodomy and aggravated murder. Wilberger has never been found and is presumed dead.
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