A man serving time in New Mexico for the kidnapping and rape of a college student, is fighting extradition to Oregon to face charges of kidnapping, rape, sodomy and aggravated murder in the disappearance of 19-year-old Brooke Wilberger. Joel Patrick Courtney told a New Mexico judge last week he plans to challenge any attempt to transfer him to Oregon.
Courtney, 41, is serving 18 years in a New Mexico prison after pleading guilty to the kidnapping and rape of a University of New Mexico exchange student. He received nine years for rape and 18 for kidnapping. The sentences will run concurrently.
At a hearing Friday, Courtney's attorney told the court that a previous attempt to extradite Courtney in 2006 had been quashed. Stephen Aarons said he had only 24 hours to prepare for last week's hearing and he was trying to determine if a second extraitition hearing would violate his client's rights.
"I told the court that I had some concerns about a prior attempt to extradite him in August 2006 and that our governor may not have been aware of that attempt," Aarons told reporters.
Other Issues Will Be Raised
Aarons said he plans to raise several other issues in the extradition challenge, including whether or not the van investigators collected evidence from in the Wilberger's case actually belonged to Courtney.
The judge gave Aarons until March 15 to file a challenge to the extradition request. Both Oregon Gov. Ted Kulongoski and New Mexico Gov. Bill Richardson have both signed off on the extradition.
In May 2004, Brooke Wilberger (pictured) was staying in Corvallis, Oregon with her sister and her husband. She was working at the apartment complex her sister managed. She was cleaning light fixtures in the parking lot when she disappeared. She has never been found and is believed to be dead.
See Also:
Courtney Resists Return to Oregon
Background:
The Brooke Wilberger Case
Missing: Brooke Carol Wilberger
Photo: Mug Shot
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