Judge Won’t Ban Media During Trial

Spokane County Superior Court Judge Kathleen O’Connor decided Monday not to close her courtroom while three girls testify in their father’s murder trial this week.

Thomas “Rick” Birnel, 39, is accused of killing his estranged wife, Mary “Cookie” Birnel.

The couple’s 10-year-old daughter, Lisa Birnel, was the only witness to the stabbing.

On Tuesday, Lisa Bradley, the girls’ court-appointed guardian, asked O’Connor to ban the media and spectators from the courtroom while Lisa Birnel and two of her four sisters testify.

The girls have missed school this week because of stress, said Bradley, adding that their therapist warns they could suffer “performance anxiety” if forced to testify before a roomful of adults.

Duane Swinton, an attorney for Cowles Publishing Co., which owns The Spokesman-Review, argued against the request, which he called “a very rare occurrence.”

Swinton argued that regardless of the judge’s decision, there would be many adults in the courtroom, including 12 jurors, attorneys, the judge and other court officials.

O’Connor said that while she sympathized with the children, the public’s right to view the legal process overrides their request to remain anonymous.

Authorities say Birnel stabbed his wife 33 times with a 12-inch butcher knife on March 30. Deputies say Birnel told them, “I did it,” when they arrived at his wife’s house at 4708 N. Haye.

Birnel told deputies he took the knife from his wife when she attacked him.

Friends of the couple said Cookie Birnel was addicted to methamphetamine and in the past had threatened to kill her husband.

During jury selection Monday, defense attorney John Rodgers asked prospective jurors several questions about drug use.

, DataTimes