JUDGE CAN'T BAR PUBLIC FROM HEARINGS APPEALS COURT OVERTURNS RULING

Pre-trial hearings for accused killer Barry Loukaitis must be open to the public, the state Court of Appeals ruled Tuesday.

The three-member panel reversed a Grant County judge's ruling that barred the public from a hearing to determine whether Loukaitis, 15, will be tried as an adult in the Feb. 2 Moses Lake classroom shootings.

Superior Court Judge Evan Sperline made the ruling in April, just before a psychiatrist's testimony on Loukaitis' mental state.

Defense lawyers contend the boy was mentally unstable at the time of the shootings and that his actions were not premeditated.

Sperline's decision was immediately challenged by The Spokesman-Review, and the Loukaitis case was put on hold.

"The newspaper felt the families of victims in the shooting as well as the general public should have access to a discussion about the defendant's state of mind as explained by a psychiatrist," said Chris Peck, the newspaper's editor. "That's why we fought to keep the hearings open."

Duane Swinton, a lawyer for the newspaper, said the judge did not provide adequate reasons for closing the proceeding.

"We've said all along that this is the type of procedure that ought to be conducted in open court," Swinton said.

Guillermo Romero, Loukaitis' public defender, said he has not decided whether to appeal.

If Sperline rules that Loukaitis should be tried as an adult, Romero said the testimony about the boy's mental condition might hurt his ability to find objective jurors.

"It's going to affect the case in terms of getting a panel that is free from having previous opinions about (Loukaitis') mental functioning," Romero said, adding he will likely ask for a change of venue.

In his April 19 ruling, Sperline wrote that testimony about Loukaitis' mental state could resurface at trial and allowing it to be given at a public hearing before then could run the risk of "poisoning the trial process."

But in its written decision, the appeals panel wrote that the trial court "abused its discretion in closing this hearing by failing to make specific factual findings on how and why an open declination hearing would prejudice Mr. Loukaitis' right to a fair trial."

The panel also noted that the psychiatrist, Dr. Julia Moore, is an expert witness hired to testify on behalf of the defense. Moore examined Loukaitis after the shootings at Frontier Junior High.

Killed were Loukaitis' algebra teacher, Leona Caires, and classmates Manuel Vela, 15, and Arnold Fritz, 14. Natalie Hintz, 13, was seriously injured.

The rampage ended when a physical education teacher disarmed the shooter and held him until police arrived.

Loukaitis is charged with three counts of aggravated first-degree murder and one count of first-degree assault.

Grant County Prosecutor John Knodell said Loukaitis should spend his life in prison if he is convicted. The teenager would be released when he turns 21 if he is convicted as a juvenile.

Because of his age, the death penalty is not an option even if he were convicted as an adult.

Knodell said he was pleased with the Court of Appeal's decision to re-open the hearing to the public.

"I want to get this moving again as quickly as possible," he said of the case. "It's better for everyone."

A date for the hearing to re-start has not been set but could be within the next several weeks, he said.

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