Posts tagged: Dylan Groene
BOISE - Notorious multiple murderer Joseph Duncan was back in a Boise courtroom on Friday morning, as lawyers and a federal judge wrangled over setting a date for a new hearing into whether Duncan was mentally competent when he waived appeals of his triple death sentence for torturing and murdering a 9-year-old North Idaho boy.
Duncan, brought to Boise from federal Death Row in Terre Haute, Ind., his hair close-cropped and graying and wearing a baggy white T-shirt, left all the talking to his attorneys on Friday morning. But in December of 2010, he submitted a hand-written, two-page letter to the court saying he now wants to appeal after all.
Condemned child killer Joseph Duncan will be in court in Boise today - two days after the seven-year anniversary of his murderous rampage just east of Coeur d'Alene at Wolf Lodge Bay.
Duncan (pictured in April 2011) was to be transported from federal death row in Terre Haute, Ind., to Boise this week. He's to appear before U.S. District Judge Edward Lodge at the courthouse in Boise Friday morning.
The hearing is to consider a motion to appoint San Francisco attorney Michael N. Burt to represent Duncan during his competency hearing, which has not yet been scheduled. Burt specializes in mental health and competency issues, according to the motion.
Duncan represented himself during his death penalty trial in Boise in 2008, though a team of top anti-death penalty attorneys, including high-profile attorney Judy Clarke, stood by to assist. They filed this motion on his behalf.
The 9th U.S. Circuit Court of Appeals ruled last July that Duncan should have been given another competency test before being allowed to to act as his own attorney and waive his right to appeal. This move means he'll undergo another one. If he passes, his death penalty stands. If he doesn't, prosecutors may have to retry him. But he's passed competency tests before.
A jury sentenced Duncan to death for the kidnapping, torture and murder of 9-year-old Dylan Groene.
Duncan was sentenced to life in prison for the May 16, 2005, hammer murders of the boy's mother, Brenda Groene, her boyfriend, Mark McKenzie, and 13-year-old Slade Groene. Dylan's sister, Shasta, then 8-years-old, also was kidnapped by Duncan, but was rescued at a Coeur d'Alene Denny's on July 2, 2005, where Duncan was arrested.
By that time, Dylan already was dead. Duncan, a fugitive convicted sex offender, shot and killed him in front of Shasta at a remote Montana campground after filming himself torturing the boy.
Condemned serial killer Joseph E. Duncan is getting another day in court.
Duncan, on death row for the torture slaying of a North Idaho boy he abducted in 2005 after slaughtering most of the youngster’s family, will undergo a hearing to determine whether he was mentally competent when he decided to represent himself and waive his appeal rights.
BOISE – The 9th Circuit U.S. Court of Appeals has ordered convicted child-killer Joseph Duncan back into court in Idaho, saying a federal judge should have ordered a competency hearing before allowing Duncan to waive his appeal of his death sentence.
The high court ordered U.S. District Judge Edward Lodge to hold a “retrospective” competency hearing, exploring whether Duncan was competent in November 2008 when he told Lodge he didn’t want to appeal his triple death sentence for the kidnapping, torture and murder of a North Idaho boy. If he’s found competent after the hearing, the death sentence would go forward.
A man who tortured and killed two boys in California and Idaho has been returned to death row in federal prison.
Federal prison officials say 48-year-old Joseph Edward Duncan III — who spent more than two years in a Riverside County jail — arrived at a federal prison in Indiana Wednesday.
Duncan was sentenced Tuesday for killing Anthony Martinez, who was kidnapped in 1997 as he played near his Beaumont home. Duncan confessed to the crime after his arrest in Idaho.
He was convicted of kidnapping, raping, torturing and killing a Coeur d'Alene boy, Dylan Groene, in 2005 and beating to death the boy's older brother, mother and her fiance with a hammer.
He will await execution in Terre Haute, where the nation's federal death row inmates are held.