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Sheriff asks for tips leading up to murder retrial of Tait Purk

Oct. 10, 2017 8:24 pm, Updated: Oct. 11, 2017 12:36 pm
TOLEDO — The Tama County sheriff is asking if anyone saw someone digging in a wildlife refuge, and the Tama County prosecutor is asking the judge in a murder retrial to recuse himself.
The two developments happened this week in the upcoming first-degree murder retrial of Tait Purk in Tama County District Court. Purk, 50, is accused of killing his fiancee Cora Okonski, 23, on April 16, 2000.
An Iowa County jury found Purk guilty in May, but 6th Judicial District Court Judge Mitchell Turner threw out the verdict and ordered a new trial.
Purk, who remains jailed, waived his right to a jury trial in his retrial, meaning he will have a 'bench trial,' where the judge renders the verdict.
In a motion filed Monday in Tama County District Court, County Attorney Brent Heeren asked that Turner recuse himself and not hear Purk's retrial, arguing the judge is 'biased and prejudiced' against key witnesses and can no longer be viewed as 'impartial, objective and open-minded.'
In his August ruling tossing the verdict, Heeren states, Turner made himself the fact-finder, making 'multiple findings' contrary to the jury's. He found key witnesses not credible and also cited a lack of forensic evidence to support the jury's verdict.
Heeren argues Turner determined the verdict was a 'miscarriage of justice' because Okonski's body wasn't found.
TIPS SOUGHT
In the second development, the Tama County Sheriff's Office asked the public on Tuesday for any information regarding 'suspicious vehicles, activity or evidence of fresh digging' in Lohberger Wildlife Refuge, northwest of Toledo, in April and May 2000.
Tama County Sheriff's Detective Bruce Rhoads wouldn't confirm if the appeal concerns Okonski's body, which authorities believe was buried in Tama County.
Rhoads said in the news release the office recently received information from someone who hunts mushroom in the spring, and the office is following up on the information. The source of the tip was not identified.
The office also is interested in talking with anyone who may have done any 'hand digging' in the wildlife refuge in April or May 2000 for any 'legitimate purposes and may have left behind fresh dirt or diggings.'
Anyone with information is asked to contact Rhoads at (641) 484-3760 or brucer@so.tamacounty.org.
PREJUDGED CASE
Heeren, in the recusal motion, said Turner, in his August ruling, 'chided' law enforcement for not devoting more time searching for witnesses and evidence to establish if Okonski was still alive, despite testimony that Purk had admitted to others he had killed Okonski.
Turner prejudged the case and, when the jury didn't return an acquittal, the judge 'substituted his own judgment in place' of the jury's in ordering a new trial, Heeren said.
Heeren noted that Turner, before trial, allowed two witnesses, who had been in prison or jail with Purk, to testify. But then after the verdict, the judge said the corroboration was insufficient.
During Purk's trial, two witnesses testified that Purk had told them he'd killed his girlfriend — who he didn't name at the time — and one witness testified that Purk had said he'd killed Okonski by 'choke slamming' her and breaking her neck.
Heeren also said in his motion that Turner had discussions with jurors following the verdict, where Turner focused on the lack of investigation into James Lambert, the father of Okonski's child.
Early in the investigation, law enforcement was satisfied Lambert wasn't a suspect. The 12 jurors also were convinced he wasn't, but Turner partly attributes the lack of investigation into Lambert as helping lead to the guilty verdict, Heeren charged.
JURORS PERPLEXED
The Gazette in August interviewed three jurors from the Purk trial, who said they were 'perplexed and confused' by the judge's decision, a rarity in court proceedings, and stood by their verdict.
Heeren said Turner had expressed doubts in the months leading up to the trial about the viability of the case against Purk. The judge's 'lack of appearance of objectivity and impartiality' was a concern for the prosecution and became a reality when he granted the new trial.
'A change of judge is no less necessary under these circumstances, than a change of jury if the defense was facing a new trial with the same Iowa County 12-person jury,' Heeren said in the motion.
Purk's retrial is set for Nov. 6 in Tama County District Court.
l Comments: (319) 398-8318; trish.mehaffey@thegazette.com
Jim Slosiarek/The Gazette Tait Purk stands during his first-degree murder trial in May in Iowa County District Court. A jury found Pirk guilty in the slaying of his girlfriend, but District Court Judge Mitchell Turner threw out the verdict and ordered a new trial. The Tama County Attorney is now asking the Turner recuse himself from Purk's retrial, set to begin Nov. 6.
Brent Hereen Tama County attorney
Mitchell Turner District judge