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Wilberger murder suspect pleads guilty in separate rape case

05:09 PM PDT on Tuesday, September 11, 2007

By TERESA BELL, kgw.com Staff

CORVALLIS, Ore. -- The man accused of abducting and killing 19-year-old Brooke Wilberger in Oregon in 2004 pleaded guilty Tuesday in a different rape and kidnapping case involving a student in New Mexico.

 Background: Courtney linked to Wilberger disappearance in 2005

This clears the way for authorities to bring Joel Courtney to Oregon to face charges here, possibly by the end of this year. His attorney hinted to KGW that at some point, Courtney may talk about the Wilberger case.

As for the New Mexico case, Joel Courtney admitted in court that he assaulted the University of New Mexico foreign exchange student on Nov. 30, 2004. He forced the woman into his car at knifepoint, bound her with shoelaces, gagged her, then raped her.

The foreign exchange student was able to escape and called police, which lead to Courtney's arrest in Albuquerque, where he had been living with his wife and three children. The New Mexico attack happened just six months after Wilberger vanished in Corvallis.

In court Tuesday, Courtney made a deal with prosecutors in which he pleaded to single charges of criminal sexual penetration and kidnapping. It was a surprise twist to many and his attorney told KGW Courtney decided he didn't want others to have to go through the trial.

“This was always my hope. It’s always good if you don’t have to go through the victim having to testify,” prosecutor Theresa Whatley told KGW. She said attorneys have done everything they can to expedite the New Mexico case and it’s still taken almost three years.

Oregon has agreements with states, including New Mexico, allowing a convict to be simply transferred from one corrections facility to another, so Courtney will not need to be extradited to face charges in the Wilberger case.

Wilberger, a Brigham Young University student, disappeared from outside an apartment building near the Oregon State University campus where she was visiting her sister in May 2004 and has not been seen since.

KGW report

Although Wilberger's body has never been found, Courtney was indicted on charges of kidnapping and aggravated murder in her case back in 2005.

As for the New Mexico case, the judge said Courtney would be formally sentenced, following a 60-day evaluation. The plea agreement calls for a sentence of up to 18 years in prison, plus five to 20 years on parole. He must also register as a sex offender.

Jury selection had been postponed Monday after Courtney refused to cooperate with his attorney, John McCall, and refused to change into street clothes from his orange jail jumpsuit. By late afternoon, a jury was seated and Courtney was talking with his attorney, but remained in the jumpsuit.

McCall later explained that the reason Courtney refused to talk was because he was practicing a form of Buddhist meditation.

On Tuesday, Courtney appeared before the judge in business attire; a dark blue blazer with a red tie, and cooperated fully with the judge and the attorneys.

Courtney's New Mexico case was initially stayed in February 2006 pending the outcome of a competency hearing for him. That stay was lifted this February. He also rejected his first court-appointed attorney because she was a woman. Then, the case was reassigned in May 2006 to McCall.

(KGW reporter Kyle Iboshi also contributed to this article.)