By Al Camp
     The Chronicle

     OKANOGAN - The trial for two people accused of killing a Tonasket woman in March of last year will begin Friday, April 9, after a jury was selected this afternoon.
     After 16 jurors were empanelled, attorneys outlined a schedule that included opening arguments starting at 9:30 a.m. Friday, April 9, and testimony starting at 1:30 p.m. in Okanogan County Superior Court. Four of the jurors alternates who will be excused prior to deliberations.
     On trial are "Tonasket" Tansy Fay-Arwen Mathis, 30, and David Eugene Richards, 34, for 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 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, court records said.
     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 Mathis-Richards trial. He is tentatively set to testify Friday, April 16. The state has recommended a sentence of 26 years, which is in the middle of a sentencing range. He will be sentenced May 11.
     All three remain in jail on $1 million bail each.
     A fourth defendant in the death of Kitterman, Lacey Kae Hirst-Pavek, 34, Crumbacher, is charged with first-degree murder and first-degree manslaughter. She allegedly hired Mathis to find people to rough up Kitterman and cause her to abort, court records said.
     Hirst-Pavek, who is out-of-custody on $250,000 bail, has a trial date of May 4.
     Hirst-Pavek's husband, Daniel Pavek, allegedly was the father of Kitterman's unborn child. A material witness warrant was issued March 23 for his arrest after law officials were unable to locate him. Bail was set at $25,000.
     Though most of Thursday was spent with the matter of selecting a jury, which included difficult questions of some jurors, it also included a few light moments.

     The day started with 68 jurors filling all available seats in the gallery and jury box along with a few chairs on the side of the courtroom. They had been reduced from 240 people called to appear as potential jurors and the 152 who did appear Friday, April 2, to fill out questionnaires.
     The state, represented by prosecutor Karl Sloan and contract attorney Greg Weber, along with the defendants and their attorneys, Steve Graham, Tony Frey and Sunshine Poliquin, were seated at their table but facing the audience rather than Chelan County Superior Court Judge T.W. "Chip" Small, who is hearing the trial.
     Sloan reminded the potential jurors that they would be asked to make a decision based on evidence,and that what attorneys said in opening and closing statements or while questioning witnesses was not evidence.
"Attorneys are to facilitate the process," Sloan said.
     Frey, who has continually been brief with his comments, remained that way though spoke more than he's done this past year.
     He told the jury pool that the burden of proof remains with the state and that the state must present evidence that extinguishes all reasonable doubt for each element of the crimes charged to prove the guilt of his client, Richards.
Frey said jurors would be asked to hold back their wanting to hold someone responsible for the crime.
     "You must consider him innocent," Frey said. "Can you do that?"
     Frey said there would be evidence that Richards was not physically at the scene when Kitterman died.
     The attorney told the potential jurors Phillips had already admitted to the killing of Kitterman. That brought an objection from Sloan. Small conferred with the attorneys.
     When Frey resumed, he said, "As I said, the killer has confessed and he will testify."
     Frey asked potential jurors if they could make a decision based on evidence and could be impartial, to which each time the audience responded with a resounding "Yes."
     "Does everybody have faith in our jury system?" Frey asked.
"Yes."
     A woman asked Graham, who represents Mathis, why Richards had two attorneys, Frey and Poliquin, and two attorneys, Sloan and Weber, represented the state but Mathis had only one attorney?
     She asked why not have one attorney for each side.
     "You want to handle that one, judge?" Graham said.
"     No," Small said, which brought laughter from the crowd.
     Graham asked for sympathy for his client since he is her lone attorney.
     "Nice try," someone in the jury box said.
     Graham said during the trial jurors would be told that Mathis did not commit the crime for which she's charged.
     He and Frey both mentioned that their clients a year ago had drug problems that included selling and using methamphetamine. Potential jurors were asked if they felt prejudice toward such people, and if they could be impartial and fair during a trial for them.
     Sloan asked the jury pool if someone could be found guilty of crime if he or she were not present at the physical act of the crime, such as an accomplice?
     One juror complained about the lone reporter in the courtroom having and using a camera.
     Small explained that the reporter represented the public, which had a right to hear the trial.
     "We are under a bright light," Small said, saying the proceedings were in the public and not hidden away.
     He said photos would not be taken of jurors or child witnesses, if any were called.
     After the attorneys each had two goes in addressing the jury pool, Small asked them to approach the bench.
     During that time the judge allowed the pool to talk.
     After the meeting, the judge smacked the gavel to restore order, only to have the gavel head fly off the handle and narrowly miss quick-reacting court reporter Kaylee Harrison. That brought laughter to the courtroom.
     The judge dismissed six jurors before recessing for lunch.
     After lunch, potential jurors were quizzed about whether they knew Dave Price, who had been listed by his first name of John on a list of potential witnesses. When the name Dave was used, several said they knew Price, with some saying they had bought vehicles from him and others who had skied with him.
     Attorneys started the process of challenges and tossing out jurors at 1:45 p.m. Within a half hour they'd seated 16 - seven women and nine men - to hear the trial.
     While jurors were shown the jury room, Small suggested to Judicial Assistant Mary Horner that perhaps she might get some jigsaw puzzles since he expected there would be lots of recesses during the trial, which is scheduled to last three weeks. Four weeks have been cleared on the calendar should it go longer.
     As jurors were leaving the courtroom, one asked Horner, "Do we get weekends off?"
     Okanogan County Detective Mike Murray is to be the first witness called. Sloan said Murray might be called several times during the trial.
     Kitterman's mother, Tracy, and Daniel Pavek, should he be located, also are scheduled to testify Friday afternoon.
     Next week, Spokane law enforcement will testify on Thursday, April 15. County deputies are to testify Wednesday, April 21. Sloan said he felt he would be done with the state's witnesses by Friday, April 16.
     Small plans to give jury instructions Thursday, April 29, and hear closing arguments Friday, April 30.