By Al Camp
     The Chronicle

     OKANOGAN - The first day of the trial for two people accused of killing a Tonasket woman in March of last year wrapped up shortly after 5 p.m. Tuesday, April 6, following a day of interviewing potential witnesses and whittling down the remaining witness pool.
     Court personnel were calling 72 more people Tuesday night to appear in court in groups of 18 starting at 8:30 a.m. Wednesday, April 7.
     Jurors are being sought to hear the trial of "Tonasket" Tansy Fay-Arwen Mathis, 30, and David Eugene Richards, 34, both from Spokane.
     They are charged with aggravated first-degree murder or, in the alternative, first-degree murder with premeditation, first-degree manslaughter of an unborn child, tampering with evidence and first-degree kidnapping for the death of Michelle Kitterman.
     Kitterman was 25 and about 11 weeks pregnant when found dead March 1, 2009, on remote Stalder Road about 15 miles southwest of Tonasket.
     Brent "Hollywood" Lane Phillips, 29, also from Spokane, pleaded guilty March 29 to reduced charges of first-degree murder - premeditated murder, first-degree manslaughter of an unborn child, tampering with evidence and first-degree kidnapping.
     The state accepted Phillips' plea in exchange for his testimony in the trial.
     For Phillips, the state recommended a sentence of 26 years, which is about the middle of a sentencing range. Phillips is to be sentenced May 11, or four days after the latest date the trial is expected to last.
     A fourth defendant in the death of Kitterman, Lacey Kae Hirst-Pavek, 34, Crumbacher, is charged with first-degree murder and first-degree manslaughter. Hirst-Pavek allegedly hired Mathis to find people to rough up Kitterman and cause her to abort, court records said. She has a trial date of May 4.
     Hirst-Pavek's husband allegedly was the father of Kitterman's unborn child.
     On Tuesday, county prosecutor Karl Sloan and contract attorney Greg Weber represented the state.
     Steve Graham represented Mathis. Tony Frey and Sunshine Poliquin represented Richards.
     In open court until about 3 p.m., they individually questioned 50 potential jurors out of 152 that filled out questionnaires last Friday to help speed along the jury selection process.
     In the late afternoon, attorneys reduced the remaining 102 people to 72 to be called for questioning Wednesday. They will appear 18 at a time starting at 8:30 a.m., with two hours set to hear each group. Questioning of the final group will begin at 3 p.m.
     The attorneys are trying to find 16 jurors, which will include four unnamed alternates, to hear the case that on the questionnaire is estimated to last until possibly May 7.
     The 19-page questionnaire, prepared by Chelan County Superior Court Judge T.W. "Chip" Small, included the 19-page, 42-question juror questionnaire that was approved by all sides.
     Questions often cited in excusing jurors included if they knew law enforcement or potential witnesses, had strong views on immigration to the U.S., beliefs concerning judging another, vacation that coincided with the trial and physical handicaps or other hardships that would make it difficult to be a juror.
     The attorneys often came to a consensus on jurors who were excused, though the defense often asked to excuse people not initially proposed by the state.
     Mathis, who wore a flower print dress, took an active role in the selection process, looking at each person's questionnaire to assist Graham in possibly tossing some from the pool.
     Richards, dressed in a suit coat and tie, looked at the list far less.
     Neither was handcuffed while court was in session.
     Graham asked that after the jury was selected but prior to the trial starting that Small would rule concerning the state's witnesses allegedly testifying to conversations by Hirst-Pavek and Mathis.
     Graham took issue with a probable cause statement, saying Hirst-Pavek hired Mathis to find one or two people to kill Kitterman.
     "We contest all of that," said Graham, who said Hirst would be testifying indirectly by witnesses.
     The state agreed to not cover that area during voir dire or the questioning of potential jurors.
     Of those excused, reasons included:
     -One person said she prepared taxes at this time. Graham said he suspected she might be moonlighting and could not concentrate only on the trial.
     -Another said he was a starving artist and knew people involved. That caught Mathis' attention, and she checked out the questionnaire.
     -Another said the victim was his niece and he knew many of the witnesses.
     -On another tossed out for various reasons, Small said, "It's a good thing we're doing it one at a time with that on" concerning each question answered.
     Graham initially wanted to question one juror who, according to the questionnaire, had been sober only for a few months and suffered from depression. But it was pointed out the person also had a hearing problem. He allowed the person to be excused.
     -A 60-year-old juror was excused for having a pacemaker.
     -Some people were released and others not for saying their religious beliefs precluded them from making a judgment on another.
     -Someone who worked at a hospital was released due to hardship where she worked.
     -Also released was a man filling in for his supervisor to complete a federal contract by a deadline.
     -A student worried that she could not keep up with her studies if in trial.
     Those who were called for further questioning included:
     -Someone who was going to be on vacation during the trial.
     -One person who wrote, "I don't believe they would be in jail if they were innocent." Small asked defense attorneys if they wanted to call the person to give a legal education in public. The person was put in the list of possible callbacks.
     -One questionnaire was left blank except for a phone number and signature. One man had called to say he could not read or write English, Small said.
     "He said he'd do the best he could," said Small, who said despite his asking panels if anyone could not read or write English knew some embarrassed people would not admit to such.
     "This is a first for me," Graham said.
     "He does not need to read or understand English to be a U.S. citizen," said Small, who said English was the man's second language.
     Graham allowed that the man needed to appear on Wednesday, though he was going to research if a juror had to be able to read or understand English to be on a jury.
     -A 75-year-old woman said she'd planned a vacation during the trial. She was to appear Wednesday, perhaps to give her something to talk about during the trip, Small said.
     -Another called said that, in order to appear, the person would have to pay for a non-refundable motel to appear. The person was asked to show up to clarify why that was so.
     -One person expected to appear, though would be on crutches and could reschedule a physician's appointment.
     -Another called said he had a hearing assisted device.
     -Another was called despite writing the person had talked to Sloan in the past.
     Small asked Sloan if he remembered the conversation.
     "I do not remember," Sloan said with a chuckle.
     -Another asked to appear to show extreme hardship after writing the person had a non-refundable plane ticket.
     -Discussion also included that some jurors could stand in the back of the jury box to stretch.
     Small reminded attorneys that they might not being so willing to call so many to appear if they were still questioning jurors Wednesday evening.