I spoke with experts from around the country about what changes now that admitted killer Joseph Duncan will be representing himself in court, acting as his own attorney in his federal death penalty sentencing trial. The consensus: He’ll be more likely to get the death penalty. The defendant’s new role also will change the tenor of the proceedings, and turn the spotlight much more brightly on the defendant.

Normally, a defendant is silent much of the time in court. But now, Duncan's voice will be heard – he'll directly address the jury in opening and closing statements, he'll cross-examine witnesses, he'll interact with the judge. "The voice makes a difference," said Fordham University law professor James Cohen. "In this case … it's hard to see how his voice is going to make a difference in a positive way, in terms of his life."

Duncan's insistence on representing himself also means he could cross-examine the government's star witness against him – his only surviving victim, Shasta Groene, who was 8 years old when she was rescued from Duncan and is now 11. If the killer questions the young girl, Cohen said, "The jury won't even leave the box – they'll just turn to one another and say, 'Death!' "

Rich Seamon, a law professor at the University of Idaho, said, "I think the very prospect is enough to make most people shudder. I think it's just another aspect of the whole thing that is not going to help Duncan's case. … You almost wonder whether it is a situation where he wants to condemn himself." You can read my full story here in Sunday’s Spokesman-Review, and click below to read about other notable cases of self-representation and their results.

---

---