Woodburn Independent Online

Death penalty will apply in Turnidge case

• By: Rachel Cavanaugh  
• Published: 3/11/2010 10:27:34 PM
• Last Updated: 3/12/2010 10:45:25 AM

Photo By: Rachel CavanaughTurnidge trial
Joshua Turnidge, sitting between his lawyers Steve Krasik (standing) and Steven Gorham, was in court Thursday as his attorneys tried unsuccessfully to get the death penalty off the table. Turnidge, along with his father Bruce, will go on trial later this year for the Dec. 12, 2008 bank bombing that killed two police officers.

SALEM — A judge ruled Thursday the state can seek the death penalty in the trial of Bruce and Joshua Turnidge, the father and son accused of orchestrating the Dec. 12, 2008 Woodburn bank bombing that killed two police officers.
 
The Turnidges appeared in Salem on Thursday before Judge Thomas Hart, who denied a request by the defense to declare the death penalty unconstitutional in this case.
 
Hart said he found arguments given by experts during pretrial testimonies to be “unsupported.”
 
The judge said some of the testimony held “certain glaring errors throughout,” which made the ultimate conclusions “incredulous and unpersuasive.”
 
OSP Lieutenant Terri Davie was called to testify about details surrounding the arrest of Bruce Turnidge at a property on Potts Road near the town of Jefferson on Dec. 14.
 
The judge also found that searches and arrests done at the Turnidge’s homes were not illegal, as alleged by the defense.
 
“It was not an illegal arrest,” Hart said. “It was fully supported by probable cause.”
 
Hart wouldn’t rule Friday on whether or not search warrants used at the Turnidges’ homes were legitimate. The defense has challenged their validity, claiming the affidavit used to get the warrants contained inaccuracies and omissions.
 
Hart also ordered the defense to turn over a copy of a postcard written by Joshua Turnidge, which the prosecution has requested.
 
“It is relevant, it is material and the state is entitled to it,” argued prosecutor Katie Suver.
 
However, the defense will not have to give it to the prosecution immediately, Hart said. The judge will first meet with the defense in sealed chambers to view the postcard before making a final decision.
 
Steve Gorham, one of the defense attorneys, argued that because it is a copy, not the original, there is no authority to require that it be handed over.
 
“Providing it to the state at this juncture, I don’t see as an option,” said Gorham.
 
The Turnidges face multiple counts of aggravated murder as well as other charges.
 
The explosion on Dec. 12, 2008, killed Woodburn Capt. Tom Tennant and Oregon State Police Senior Trooper William Hakim, and critically injured Woodburn Police Chief Scott Russell.
 
Judge Hart set an April 28 date to hear additional arguments.
 
The trial is scheduled to begin in September.

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