Courtney attorneys challenge indictment of murder of BYU student

Published: Wednesday, April 15 2009 3:57 p.m. MDT

CORVALLIS, Ore. (AP) — Defense attorneys for Joel Courtney have challenged the indictment that could lead to the death penalty if he is convicted of aggravated murder in the May 2004 disappearance of Brooke Wilberger.

The 19-year-old Brigham Young University sophomore from Oregon disappeared while she was working a summer job at an apartment complex in Corvallis managed by her sister.

No body has been found, but she is presumed dead.

Courtney's attorneys, Steven Krasik and Steven Gorham, filed a 347-page challenge to the indictment on March 30 in Benton County Circuit Court, claiming it did not meet all the requirements for the charges.

The Corvallis Gazette-Times reports that a reply is expected from District Attorney John Haroldson after pretrial hearings begin May 4.

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