It’s still an open question as to whether Joseph Duncan will deliver an opening statement in his sentencing trial today, but so far, Duncan has been taking an active role in his own defense. When the two sides exercised peremptory challenges to winnow down the pool of 61 prospective jurors, the judge advised Duncan that since the jurors weren’t in the room, he could have his standby lawyers sit at the table with him if he wanted, for convenience. Duncan declined, and handled all the peremptory challenges himself, confidently and quickly reading off the names of the jurors he chose to challenge. Former leader attorney Judy Clarke went over papers with him before the start of the proceedings, but he never conferred with her as he went through the process.

Among the jurors Duncan challenged was one who had written in his jury questionnaire that he though Duncan should be hung from a tree. Among those struck by prosecutors was one who said she didn’t think anyone had a right to put anyone else to death, and another who wrote in his questionnaire that the type of books he likes to read in his spare time was “porn.”

Duncan, once again, is dressed in garish jail-issue scrubs topped by a bright-gold sweatshirt with a stretched-out neck and “Ada County Jail” emblazoned on the back. His hair is long, loose and messy. As the judge read lengthy instructions to the jurors, he sat with his chin on his hand, sometimes closing his eyes.

---

---