Suspect in BYU coed's death to be tried in New Mexico case

ALBUQUERQUE — A man accused of murdering Brigham Young University coed Brooke Wilberger in 2004 in Oregon has been found competent to stand trial on charges of raping a foreign exchange student at the University of New Mexico.

State District Judge Kenneth Martinez has set May 14 as the trial date for Joel Patrick Courtney of Rio Rancho.

Courtney's attorney, John McCall, argued during a competency hearing Friday that he cannot defend Courtney because he refuses to talk to him about the case.

"The fact that he can't communicate about the facts of his case or his desires with respect to a trial, plea or anything else indicates that he is not acting in his best interest, one of the key components of competency to proceed to trial," McCall said.

Prosecutor Theresa Watley said she believes Courtney is competent but manipulative.

"I think his actions in the last year, in this case, are highly representative of his ability because the law allows it, to manipulate this system," Watley said. "He has had one goal, which is to delay this case, and he has been incredibly successful."

Courtney was arrested on Nov. 30, 2004, in Albuquerque after being accused of kidnapping and sexually assaulting the New Mexico student.

He was indicted on charges of first-degree sexual criminal penetration, aggravated battery with great bodily harm and kidnapping. The student told police she was threatened at knifepoint, forced into a car, tied and gagged, and sexually assaulted.

She was able to free herself and escape, according to a criminal complaint.

In the Wilberger case, Courtney was indicted in July 2005 on 19 counts of aggravated murder, kidnapping, rape and sodomy. Wilberger, 19, who had returned home after studying for a year at BYU in Provo, disappeared from Corvallis in May 2004, and her body has not been found.

Courtney is not expected to face charges in Oregon until the New Mexico case is resolved.