Cunningham's future in jury's hands

Matthew Cunningham’s future is now in the hands of a jury.

On Monday they received the case, charging the 30-year-old former Va Bene restaurant waiter with the violent stabbing deaths of Robert Barker and Katharine Spain on Oct. 12, 2004, in the Andante apartment complex near Chandler Boulevard and 48th Street.

Now the jury of six men and six women must decide if Cunningham was insane at the time of the double homicide and assaults or if he was simply drunk, high on cocaine and simply frustrated with his life.

In closing arguments lead defense attorney Joel Brown told the jury, “This was a terrible crime ... the act of a crazy man.”

Brown pointed to testimony from the trial, which began Nov. 28, to show that Cunningham heard voices and was delusional and didn’t know what he was doing when he killed Barker and Spain.

He told the jury that Cunningham had been suffering from schizophrenia since his teen years, not being treated until one day he snapped and killed the two.

“Matthew never reported the voices (he heard) because he was afraid of being ridiculed,” Brown said.

But prosecutors told the jury last week that Cunningham killed Barker and Spain in a drug- and alcohol-fueled rage; that his life was going nowhere; that he had just been fired from his job and that Barker, his roommate, said he would have to leave if he didn’t get another job.

“This is a case about the defendant’s choices, defendant’s decisions, defendant’s actions,” Deputy County Attorney Kristin Larish said last week during the prosecution’s closing arguments.

Brown pointed out that mental health experts had testified that using drugs helped Cunningham quiet the voices in his head.

“You heard testimony that people with mental illness, especially schizophrenia, use drugs to self medicate,” Brown said.

The key question the jury must decide is if Cunningham was insane at the time of the attacks, or was his drug and alcohol abuse since a young age responsible for his mental state.

Cunningham is charged with the first-degree murder of Barker and Spain, plus two counts of aggravated assault and one count of burglary, all stemming from the incident.

The defense has pleaded guilty, but insane.

If found guilty, Cunningham faces the death penalty, which would require several more weeks of testimony and deliberations by the jury.

If the jury finds Cunningham guilty of murder, but insane, he would be turned over to the Arizona Mental Health Hospital for life.

More Cunningham trial coverage:

Jan. 29 - Cunningham's future in jury's hands

Jan. 25 - Defense's closing arguments set for Monday

Jan. 11 - Cunningham’s illness not 'remarkably consistent’

Jan. 8 - Expert says Cunningham schizophrenic

Jan. 4 - Cunningham competent says judge

Dec. 21, 2007 - Defense finds challenge in proving Cunningham insane

Dec. 19, 2007 - Defense starts in Cunningham trial

Dec. 4, 2007 - Emotions high for victims’ families in Cunningham trial

Nov. 27, 2007 - Cunningham murder trial commences

Oct. 30, 2007 - Jury selection begins in Cunningham murder trial

April 3, 2007 - Mental status could delay murder trial