Cunningham competent says judge

Judge Sally Duncan ruled Friday morning that Matthew Cunningham is competent and that his murder trial can continue.

Cunningham is charged with two counts of first-degree murder, two counts of aggravated assault and one count of burglary in connection with a knife-wielding spree through the Andante apartment complex in October 2004.

If found guilty, he faces the death penalty.

Cunningham has pleaded guilty, but insane at the time of the murders.

Duncan's ruling only affected whether or not he is competent to stand trial and does not affect the question of if Cunningham was insane at the time of the murders.

The question of his competency was raised in December by one of Cunningham's defense attorneys. But two clinical observations by mental health experts, conducted during the holiday trial recess, showed that Cunningham understands the charges against him and that he can assist in his defense, although experts agree that he suffers from a non-specific type of schizophrenia.

The defense will bring in an expert witness Jan. 7 to testify that Cunningham heard voices and was not in control when he attacked and killed his roommate, Robert Barker, and then stabbed to death Katharine Spain.

The trial is expected to through January.