Jury selection begins in Cunningham murder trial

After years of hemming and hawing on the defendant’s mental competency, jury selection has begun in the murder trial of Matthew Cunningham, but opening statements aren’t scheduled for more than four weeks.

Cunningham is the man police say went on a knife-wielding spree at the Andante Apartment complex in 2004, stabbing to death his roommate and a mother who walked out in the middle of the commotion.

He is charged with two counts of first-degree murder, two counts of aggravated assault, one count of burglary and could face the death penalty if found guilty of murder.

Mental health experts for the defense and the prosecution both generally agree that Cunningham suffers from the early stages of schizophrenia - he had heard voices since he was a teenager - but because he understands the charges against him and can assist in his defense, the courts have ruled him competent to stand trial.

Cunningham, 29, is charged with the murders of Robert Barker and Katharine Spain on Oct. 12, 2004 at the apartment complex in the 15800 block of South 48th Street.

Police say that several hours after being fired as a server at nearby Va Bene restaurant - for bad hygiene and inappropriate behavior - Cunningham set his apartment bed on fire, then stabbed Barker, 38, his roommate, in front of witnesses at the apartment complex pool. He then stabbed 28-year-old Katharine Spain when she got up from watching television with her son and walked out of her apartment to see what the commotion was about.

Police say Cunningham then ran through the complex and tried to stab a third neighbor, Gerardo Barrientos, before his wife picked up a baseball bat and hit him in the head.

Cunningham then jumped off a second floor landing, trying to flee, when police finally caught up to him. Twice they tried to Taser him, to no effect, before subduing him.

Five of the police officers who responded to the stabbings and subdued Cunningham, later received the department’s second highest award, the Medal of Merit for their quick actions that night.

Prosecutors said that Cunningham was high on cocaine at the time of the rampage.

The trial is expected to start with opening statements Nov. 26 and will probably stretch into January.

The delay in starting is partly because of the time needed to screen prospective jurors for a lengthy murder trial that could end in the death penalty and partly because of holidays in November and a judicial conference that cuts the number of days a trial could take place.

Doug Murphy can be reached at (480) 898-7914 or dmurphy@aztrib.com.