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Joseph Duncan submitted a letter to the court first thing this morning asking that he be able to “establish a standing ‘non-objection’ with the court on all evidence submitted, and on all witnesses dismissed.” He also wanted the court to assume that he’s agreed with all stipulations, unless he states otherwise. “I am making this request in accordance to my option of remaining silent during these proceedings,” Duncan wrote.
Judge Edward Lodge told him, “I have your letter, Mr. Duncan, but you are going to have to go ahead and state ‘no objection’ and ‘so stipulated.’ Even though you feel you know exactly what the government” will present, the judge said, something unexpected could come in. “You do have to agree on the record, ‘no objection’ or ‘so stipulated.’”
So Duncan has said those phrases when it was his turn to do so, and he’s stipulated, or formally agreed in writing, to quite a bit – including acknowledging that he stole the gun used in the crime from a turkey shack in Missouri, modified it and that it’s the same sawed-off shotgun found in his vehicle after his arrest. Duncan’s not raised objections to anything thus far today, nor has he asked any questions of any of the seven witnesses called so far. He’s stayed awake, however, and appeared to perk up and listen alertly when John Vavrus, former chief software architect and chief engineer for Magellan, detailed how he “used some commands that are not generally known to extract a memory footprint” from Duncan’s GPS unit. Duncan, of course, is a computer aficionado.
He’s dressed in his usual outfit of garish gold sweatshirt and yellow jail-issue scrubs, his long hair flowing wildly about his shoulders. When witnesses who knew him as a clean-cut college student in Fargo were asked to identify him by where he was in the courtroom today and what he has on, they struggled to describe the bearded defendant’s apparel – a “yellow jumpsuit” and “yellow top” were their best approximations.
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