Man accused in Jonelle Matthews murder case set for retrial; court seeks new attorney

A second trial date has been set for the 70-year-old Idaho man accused of kidnapping Jonelle Matthews from her Greeley home and killing her in 1984.

Another five-week trial for Steve Pankey will begin Oct. 4 after his first trial held last fall ended in a mistrial because jurors could not reach a unanimous verdict.

Pankey may end up representing himself in the upcoming trial after a judge allowed attorneys from the public defender’s office to withdraw from the case Thursday, citing irreconcilable differences with Pankey.

The issue between Pankey and the public defender’s office was not publicly discussed.

Case background: Jonelle Matthews cold case: Who is Steve Pankey?

Pankey’s attorney in the first trial, Anthony Viorst, withdrew as Pankey’s representation after the trial, citing his small practice and advancing age. The public defender’s office took over as Pankey’s defense in November.

Despite not having an attorney during Thursday’s hearing, Pankey said he wanted to plead not guilty to the charges, first-degree murder and second-degree kidnapping. The court is required to set a trial date within six months of a defendant’s not-guilty plea.

But a judge cautioned Pankey that pleading not guilty and starting the legal clock requiring them to set a trial date could make it difficult to find him a new attorney who can get up to speed with the case and properly represent him.

Pankey still qualifies for court-appointed council because he is in custody.

If an attorney cannot be found to represent Pankey at his new trial, the judge said Pankey could represent himself — though the judge advised Pankey of the risks of doing that. If Pankey represents himself, the court could appoint someone to advise him on the legal process during the trial, but the adviser could not act as his attorney.

“I may have to be the Lone Ranger,” Pankey said, accepting the possibility of representing himself at the upcoming trial.

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Weld County District Attorney Michael Rourke said there are more than 25,000 pages of discovery, 400 audio recordings and body camera footage involved in the case. If Pankey does represent himself, Rourke said his office will have to work out a way to share this evidence with Pankey while complying with the jail’s protocols.

“It’s not going to be a quick process,” Rourke said.

Rourke said he also plans to file motions requesting that evidence that was barred from the last trial be allowed in the second trial, arguing a new Supreme Court case has changed the evidentiary rules.

Pankey will return to court for a status hearing June 3 to see if the court has found an attorney to represent him. He remains in custody on a $5 million bond.

Pankey was arrested in October 2020 after a Weld County grand jury indicted him on charges of first-degree murder and second-degree kidnapping with a weapon in connection with Jonelle’s disappearance and murder. Jonelle was 12 years old and had just returned home from a school Christmas performance on Dec. 20, 1984, when she vanished from her family’s Greeley home.

Her skeletal remains were discovered in a rural Weld County field nearly 35 years later when oil and gas site workers were excavating for a pipeline on July 23, 2019.

Previously: For 34 years, Colorado asked ‘Where is Jonelle Matthews?’ Now, it’s ‘Who killed her?’

Pankey’s first trial began in October and included nearly three weeks of testimony in which roughly 60 witnesses — including Jonelle’s family, friends, law enforcement, Pankey’s ex-wife and Pankey himself — testified.

Judge Timothy Kerns declared a mistrial after jurors were unable to reach a unanimous verdict on the first-degree murder, felony murder and kidnapping counts Pankey faced. The jury did find Pankey guilty of one count of false reporting to authorities, which was added after Pankey testified last month to lying to police about having information on Jonelle’s case.

During Pankey’s trial, prosecutors argued he was guilty of Jonelle’s kidnapping and murder, evidenced by odd behavior and statements his ex-wife witnessed in the days preceding and decades following Matthews’ disappearance. Prosecutors also cited Pankey’s decades-old attempts to insert himself into the investigation, his fraught former work relationship with the Matthews family friend who dropped off Jonelle that night and his contested history of gun ownership.

Jonelle Matthews murder: Suspect says he ‘made a lot of stuff up’ but maintains innocence

Viorst contended Pankey was not a murderer but instead a troubled “busybody” and obsessive true crime fan who has inserted himself into other murder cases he was not involved in. In his testimony late last month, Pankey testified that statements he made over the years about having information on Jonelle’s case were lies told out of “bitterness” and to make himself feel like a “big man.”

All suspects are innocent until proven guilty in court. Arrests and charges are merely accusations by law enforcement until, and unless, a suspect is convicted of a crime.

Sady Swanson covers public safety, criminal justice, Larimer County government and more throughout Northern Colorado. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today.

This article originally appeared on Fort Collins Coloradoan: Second trial in Jonelle Matthews murder case set for suspect Steve Pankey