by Robert Scott
Haroldson said that investigators began an exhaustive search on where Joel Courtney had lived, where he had worked, and what vehicles he had driven. And this investigation eventually led to the green Dodge van owned by the CBM company and Joel’s employment with them. Then Haroldson stated that once the investigators searched the van, they discovered a blond hair in the van. The blond hair had come from Brooke Wilberger.
Haroldson spoke of the other two OSU female students who had come in contact with a man in a green van on the morning of May 24, 2004. Haroldson added that by their suspicion of the man and by good luck, they had escaped what was soon to befall Brooke Wilberger.
Haroldson ended his presentation by saying, “This is a case which has tested many of us, and yet, we have never given up on seeking justice or holding on to the value of family and community. We sought a just result to ensure that Joel Courtney would be imprisoned for the rest of his life. I realize there have been some questions about where the exact remains were recovered, and I would share with you that the recovery process is not yet complete. And for that reason, out of respect for the integrity of the process, and in order to completely recover the existing remains of Brooke Wilberger, we are attempting not to draw public attention to that area until the entire recovery is complete.”
After DA Haroldson was done, Cammy Wilberger approached the microphone. She told the assembled gathering, “Thank you for coming. Thank you for being so supportive these last five and a half years. It’s been a long haul for all of us. Today we’re grateful. We’re grateful to all of the law enforcement people who have searched so diligently for so long, and who never gave up hope. And we are thankful for the district attorney’s office, and all of those who have worked so faithfully in that office. We feel a true closeness with them and I appreciate so much their kindness to us. And their willingness to keep us in the loop, every step of the way.”
Cammy said that her family likened the whole process to an iceberg. What the public saw so often in newspapers and on televsion was only the tip of the iceberg. And what the public felt was only a portion of what the Wilberger family felt on the inside. In the newspapers and on television, there was only glimpses and fragments of what was occurring behind the scenes in law enforcement and at the DA’s office.
Cammy once again said that the family was grateful for all the hard work everyone had done on behalf of their daughter. Then she unexpectedly added, “It may be hard for you to understand, but at this time we really feel gratitude, even to Mr. Courtney, that he could see fit to tell us where he left Brooke. And for our family, we are thankful that justice was served and that he will not have an opportunity for parole. Now he can go on with what’s left of his life. We want to strengthen our family, and go on with our life. We’re just grateful to all of you, and want you to know that.”
After Cammy Wilberger spoke, the floor was opened up to questions.
One person asked, “How long will the recovery effort take?”
Haroldson answered, “My best estimate—it may be completed in a week.”
Another person asked, “Were the remains in Corvallis?”
Haroldson replied, “No. They are in Benton County, but not in Corvallis.”
“Who provided you information as to where the remains were?”
Haroldson said, “Joel Courtney provided us details that led us to the remains.”
Someone wanted to know why the plea deal was offered now, and why Courtney accepted it.
Haroldson replied, “Our position never changed. It takes two to make an agreement work. The question becomes, when does an opportunity present itself in an accelerated fashion? We did not want to let this opportunity pass by. I believe our decision was the right one. We were successful in recovering her remains and successful in bringing a resolution to the case.”
“He didn’t take a deal last time. Why did he do it now?”
The answer was “There are a number of layers influencing that. You’d be best to ask him. But we can point to rulings and motions—a decision made in New Mexico on an appeal to the conviction of the crime he had committed there. Sometimes you reach a crossroads where it appears this is the time to resolve the case. Ultimately that’s defined by the individual and what triggers them to act. We at the DA’s office must always be prepared to try the case, but also to find the best resolution.”
There was a question, “Is the state disappointed that the death penalty is now out?”
Haroldson replied, “Under these circumstances, no. I say that because the death penalty in Oregon presents a lengthy process, involving appeals, and draws out closure for a family that has suffered as the Wilberger family has. And one must take into consideration what it means to recover remains and bring closure under those circumstances. It is not an easy decision. But in this case I stand by that decision.”
Someone wanted to know what changes Haroldson had seen in Joel Courtney from the time he arrived from New Mexico until the present day. Haroldson said, “Most recently the changes that I saw were reflected in Courtney’s willingness to disclose where the remains were. Courtney’s willingness to admit the rape. To admit the murder. To admit the kidnapping. Those were signs he was assuming a different posture than contesting everything that was put before him.”
“Did Courtney lead investigators to the scene?”
The answer was “No. He did not go out with investigators to the scene.”
A follow-up question was “Where is Courtney now?”
“He is in transport or may have already been transported to New Mexico. He has an eighteen-year prison sentence, which he has to serve in New Mexico first. After that, the matter will be managed in the Department of Corrections to determine if they want to bring him back.”
“Has Courtney expressed any remorse to the family?”
“No.”
The next question brought a long answer from Haroldson. The question was “What agencies did your office collaborate with?”
Haroldson replied, “The lead investigating agency in this case, of course, was the Corvallis Police Department, since the case originated in the city of Corvallis. The supporting agencies included the FBI, Oregon State Police, Benton County Sheriff’s Office, the DA office investigators, the Oregon Department of Justice, the Philomath Police Department, and Benton County Search and Rescue. They literally went out on their hands and knees and covered every inch at prospective sites we looked at.
“We received additional important support from Governor Ted Kulongoski and Governor Bill Richardson. We had the support of Attorney General John Kroger, who made available to us the Department of Justice. In addition, we had the support of the Benton County commissioners, who worked with me and were able to ensure that we would have the funding to see this through from start to finish. No matter whether it required litigating the case through to the death penalty, having to repeat the case in appellate fashion—they would stand with us and support us in that effort.
“I specifically have to commend my senior prosecutor Karen Kemper and also Stephanie Tuttle, from the Department of Justice. I’m proud of the manner in which Benton County and the Corvallis PD have been able to work in a multiagency fashion to create the type of synergy that ensures success.”
Someone wanted to know what areas has been searched and why the searchers had come up empty there. Haroldson replied, “There were numerous areas that were searched based upon leads that we received. There were incredible efforts in that regard. One of the benefits in going through those exercises is that it really prepared us all for the day when it came, where we would be at the right place at the right time. A very methodical approach helped in going to recover her remains in a very careful and respectful manner.
“Before, it was really like a needle in a haystack, unless you had somebody telling you, ‘Go look at such-and-such a place.’ We had information ranging through all areas of the state from Mount Hood down to the southern area of the state. I can tell you, after five y
ears the amount of growth that can occur can make it particularly challenging, because it’s not self-evident for a person to simply be passing by through an area and spot something.”
Someone wanted to know how compliant Haroldson thought Brooke Wilberger was when she had been kidnapped.
Haroldson replied, “The information that we have received through Joel Courtney’s attorneys provides Joel Courtney’s account of what happened. Some of that account I will submit is a romanticized version of what really happened. I say that with a caveat as to how much weight to give to some of the representations he gave. Joel Courtney’s account was that he had abducted Brooke Wilberger and he used duct tape to bind her. He said he went into the woods with her and spent some time with her. He said he was using drugs and that at one point he got hungry. He bound her, went back into town for some food, then drove back out to the woods.
“Joel said that he spent the night in his vehicle and that she was still alive at that point. The following morning was when the sexual assault took place, according to Courtney. He said that Brooke Wilberger reacted very strongly—and her reaction was so strong, it was then that he thought he’d better do something. That’s when he ended her life. He commented, ‘I was surprised that she fought so hard.’”
A person asked, “How long was it from the time you got the information until her remains were discovered?”
Haroldson replied, “In the recovery process, unless you have a body that is contained in some fashion, you simply don’t find the person. There are many processes that may cause remains to move via gravity or otherwise. We found in the forest some remains, and have continued to recover remains, even as we speak.”
“Why do you not want any publicity about where the remains have been found?” another person asked.
Haroldson stated, “The reason it was done with little or no publicity was foremost preserving the integrity of the recovery of the remains. The probability that could have arisen would have been individuals going out there to explore an area that we needed to be able to go in with professionals. It would have significantly compromised the process. Secondly, [we] were directed in the court not to discuss the settlement until we reached the plea and sentencing. Our interest was in preserving the opportunity to successfully recover the remains in a manner that would not have to contend with others who were curious and looking at the area.”
CHAPTER 27
RECOVERY
DA John Haroldson, of course, had not revealed the location where some of Brooke Wilberger’s remains had been found, and where work on finding more of her remains was still in progress. However, there were plenty of people in that area who were very aware about what and where that had occurred and was still occurring. It was a small town in the Oregon Coast Range, and the advent of so many law enforcement personnel near their town was not something that could easily be hidden. Incredibly, in Bonnie Wells’s vision clear back in 2004, she had predicted that Brooke would be found in that direction, and her admonition to Shawna to search in that area was very close to where the remains were found.
Brooke’s remains were discovered near Blodgett, Oregon, a town of only a few hundred people, situated along Highway 20 in the Coast Range. And in a strange twist of events, it was near the Blodgett Country Store, where onetime Brooke Wilberger suspect Loren Krueger had parked his vehicle, after wearing a ski mask, to do a Peeping Tom episode upon a young woman resident of the area. Even though Krueger had nothing to do with Brooke Wilberger’s abduction, it was strange that so many things were coming full circle.
In fact, one of the few businesses in town was the Blodgett Country Store, where locals gathered, and they started sharing their stories with inquisitive journalists. Store owner Mark Scacco told a reporter interested in the developments of the Brooke Wilberger case that the area in the hills was heavily wooded and crisscrossed by dirt logging roads. Scacco added one more thing. He said that many residents of the area always thought that Brooke Wilberger’s remains might be found back in that wild area. Scacco related, “With the timeline the authorities gave, we’ve always thought she was out here somewhere. A couple of us actually searched in that area.”
Katie Davis, a local resident, told a reporter, “It was kind of shocking to hear about this at first. We hunt out here, and you wonder. All this time she was in the area. It’s a bittersweet thing finding her.”
Tina Nunn, an employee at the store, expressed her admiration for Cammy Wilberger. “She was so strong throughout the whole thing. And at the press conference, she was so lovely. She’s at peace with it.”
Asked if they now had fears about where they lived, because of what had happened there, both Nunn and Scacco said that it could have happened anywhere and that they weren’t afraid to live in such an isolated area. Scacco related, “I still feel real safe and secure in my community because we all look after each other.”
A reporter wanted to know how Scacco felt about Joel Courtney’s plea deal and how others in the area felt about it. Scacco responded, “A lot of them are saying he should still get the death penalty. Life in prison is too good for him.”
After the authorities scoured the area as thoroughly as possible for Brooke Wilberger’s remains and her personal possessions, DA John Haroldson finally let the press know exactly where the location was. He said that Joel Courtney had taken pride in being able to find remote locations and was extremely detailed when he explained to authorities where Brooke’s remains were. The remains were on an abandoned logging road off Highway 20, twelve miles west of Corvallis, not far from Blodgett. Brooke’s body was about five hundred yards up the logging road on private property. Joel had concealed her body beneath a fallen log, using ferns and moss to cover her. She had been hidden so well that a search team had passed right past her remains in the week after she had disappeared.
A few more details started making their way into the press as well as to why Joel Courtney had made a 180-degree turn from his previous stance of not taking a plea deal. Much of it had to do with Judge Locke Williams’s order to allow evidence in about Diane Mason, Jade Bateman, and Bob Clifford. Those three individuals could place Courtney and the green van within blocks of where Brooke had been kidnapped on May 24, 2004. And testimony about Natalie Kirov was going to be heard by jurors as well.
In September 2009, a change of venue was in the works, either to Marion County or Multnomah County, and the judge ordered DA John Haroldson and defense attorney Steven Gorham to meet at a conference in Marion County. Joel Courtney was secretly transported to the Marion County Courthouse on various occasions. And, for whatever reason, Judge Williams included information to the prospective parties that Polk County Judge Charles Luukinen was willing and able to preside over ongoing talks about a plea deal. Just why this Polk County judge became involved was not stated.
Perhaps because Judge Luukinen was a third party who had never made any rulings in relation to Joel Courtney, he was acceptable to all sides. Whatever the reason, both DA John Haroldson and defense attorney Steven Gorham later said that Judge Luukinen had been instrumental in helping all parties reach an agreement on the plea deal.
And KVAL-TV added, through its investigation, that a prime motivator in the deal for Joel Courtney was not only that his life would be spared, but a provision that he would be allowed to serve prison time near his family in New Mexico. In fact, Steven Gorham stressed this point.
Gorham said, “The plea bargain was much more to do with Courtney’s assurance, in writing, that he would stay in New Mexico, rather than his desire to avoid the death penalty. I think they’re as much as any family is together.”
Gorham also said that there had been talks in the works for a long time from DA Haroldson that if Joel Courtney came clean about all other victims, a deal could be made for life without parole. Courtney, however, always insisted that there were no other victims. Finally it got down to revealing where Brooke Wilberger’s remains were.
Gorham also added some information that
had never been revealed about the actual kidnapping. According to Courtney, after he had snatched Brooke from the parking lot in the Oak Park Apartments, he had transported her to a McDonald’s restaurant in Philomath. There he had bound her in the back of the green van. From the McDonald’s, he drove to the isolated woods near Blodgett.
Courtney said that he had gone on walks in the woods with her on May 24 and talked to her, trying to calm her down. Gorham said that he didn’t know if Courtney had gagged Brooke at that point. And Gorham added, “I’m sure she was trying her best to talk him out of whatever he might be thinking of doing, and trying to talk him into letting her go.”
Before nightfall, according to Courtney, he placed Brooke back in the van and drove to Philomath once again to the same McDonald’s. He ordered them both something to eat and then drove back to the woods near Blodgett. Gorham said that Courtney had been doing cocaine, and at some point he ran out, which only made him more irritable and unstable. And according to Courtney, he sexually assaulted Brooke for the first time on the following morning, May 25. When he was done, he took either a large piece of wood or a tree branch and beat her in the head until she was dead. Then he concealed her body beneath a fallen log and covered that up with ferns and moss.
There were victims in all directions from this murder. Obviously, the Wilberger family was the most prominent. But Dina McBride, Joel’s sister, was a victim as well by her association to him. Dina sent a statement to media outlets, letting everyone know just how sorry she was for what her brother had done:
I am the eldest sister of Joel Patrick Courtney. I am currently hospitalized for a lengthy ongoing health problem, and am unable to make a statement in person. I would, however, like to make a brief statement. During the early morning hours of November 30, 2004, a phone call awakened our family. Information was given that informed us that my younger brother, Joel Patrick Courtney, had been arrested in New Mexico. We did not know what the charge was at that point in time. It was later in the evening when we learned that he had been accused of kidnpping and sexually assaulting a young college co-ed at knifepoint.