SALEM, Ore. (AP) -- A father and son charged in the 2008 bank bombing that killed two Oregon law enforcement officers should be tried separately, a defense lawyer said Thursday.
The move came as the defense objected that prosecutors were being unfairly allowed to preview their case before jury selection begins in state court.
"They're tainting the jury pool," said Steven Gorham, lawyer for Joshua Turnidge, the 34-year-old son of co-defendant Bruce Turnidge, 59.
Judge Tom Hart said he would rule next week on the request. The schedule now calls for a joint trial with testimony beginning in late September.
Gorham said his motion was based on Hart's decisions Wednesday. The judge decided to allow the prosecution, during jury selection and opening statements, to refer to some actions of the Turnidges from years before the December 2008 bank bombing in Woodburn. That included evidence prosecutors said would be part of their description of the motive for the bombing -- hatred of government.
During arguments leading to that decision, prosecutors said a witness had described Bruce Turnidge as pumping his fist in the air on hearing the news in 1995 that a federal building in Oklahoma City had been bombed, killing 168. The witness was wrong, John Storkel, Bruce Turnidge's attorney, said Thursday, adding, "We assert that never happened." On Dec. 12, 2008, a bomb outside the West Coast Bank branch bank in Woodburn killed a state trooper, William Hakim, and a Woodburn officer, Tom Tennant. The police chief, Scott Russell, was critically injured, surviving but losing a leg.
The Turnidges were indicted on murder charges that could bring the death penalty.
During hearings Thursday, the defense objected to testimony from a Marion County detective about what may be another key in the trial -- a voice recording played recently for a bank employee who got a threatening call the morning of Dec. 12, 2008.
The employee, Karen Valadez, worked at the neighboring Wells Fargo office in Woodburn. At the time, authorities said the call began hours of police work that went into the late afternoon, when a bomb that officers had believed was a fake exploded and killed them.
Defense lawyer Steven Krasik wanted Hart to delay testimony from Detective Michael Myers about evidence that Krasik described as "staggering" and "game over for Joshua Turnidge" if accepted by a jury. Krasik said the testimony should come at the same time as Valadez appears and when a defense expert is available.
"I think you're overstating it," Hart responded, allowing Myers to testify. Myers said the recording was played for Valadez to see if she recognized the voice. The judge didn't allow Myers to testify on an identification but did permit Myers to say the woman appeared upset, scared and tearful.
On cross-examination, Krasik attacked the use of just one recording. Under questioning, Myers said he had had reservations about the test prosecutors asked for -- he'd never done such an audio test. He also said it wouldn't be proper police procedure in a comparable situation dealing with visual identification to use just one photo rather than several.
