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Sirens & Gavels

Posts tagged: Joseph Duncan

Duncan wants to appeal death penalty

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.

Read the rest of Betsy Z. Russell's story here.

Duncan due in court in Boise tomorrow

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.

The case shook the Inland Northwest and prompted bumper stickers that read “Kill Duncan.”

Read a blog from Duncan's death penalty trial here.

Past coverage:

July 15, 2005: Duncan a charmer, exploiter
  

Duncan still getting competency hearing

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.

Read the rest of Tom Clouse's story here.

Past coverage:

July 11: 9th Circuit orders Duncan back into court in Idaho

Full coverage of the Duncan case is available here.

Duncan’s death penalty NOT overturned

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.

Read the rest of Betsy Z. Russell's story here.

Duncan returns to federal death row

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.

Read past coverage here.

Ariz. suspect could get Duncan’s lawyer

A well-known anti-death penalty lawyer tapped to represent alleged Tucson, Ariz., shooter Jared Loughner led child-killer Joseph Duncan's defense team during his 2008 trial in Boise.

Judy Clarke, formerly federal defender for Eastern Washington and Idaho, has also defended Unabomber Ted Kaczynski, child-killer Susan Smith and domestic terrorists Timothy McVeigh and Eric Robert Rudolph.

Clarke (pictured in 2007) was present during Duncan's death penalty trial in Boise, where he represented himself as his team of court-appointed lawyers stood by. They had earlier tried to leave Duncan's case, saying their participation would violate their professional ethics.

“We are not gunslingers who do the bidding of someone who does not have a rational understanding,” Clarke told U.S. District Judge Edward Lodge.

Lodge declined Clarke's request.

Clarke currently is a lawyer in San Diego, where she has also been a federal defender.

She was called on over the weekend to defend Loughner, who is accused of shooting U.S. Rep. Gabrielle Giffords during an event in Tucson on Saturday. He's also accused of killing six others, including U.S. District Judge John Roll.

Clarke worked in Eastern Washington and Idaho from 1992 to June 2002. Her husband, Speedy Rice, was an instructor at Gonzaga Law School. She has twice argued cases before the U.S. Supreme Court and named one of her dogs in honor of former Supreme Court Justice Abe Fortas.

Read an in-depth profile on Clarke from 1996 here.

Convicted killer backs out of pro se plan

Convicted killer Joseph Edward Duncan, already condemned to die for a murderous North Idaho rampage in 2005 and about to stand trial in California for an earlier slaying, has reconsidered plans to represent himself in the new death penalty case.

Riverside County Superior Court Judge David Downing on Monday appointed Gail O’Rane, an attorney from the Riverside County public defender’s Capital Defense Unit, after Duncan said he had changed his mind about representing himself.

Neither Duncan nor his newly appointed attorney gave a reason for why he wanted an attorney. He requested to represent himself last year after a jury ruled he was fit to stand trial and capable of assisting an attorney. (Duncan is pictured at right, photo by Stan Lim of The Press-Enterprise)

Duncan was brought to Indio, Calif., in January 2009 to face murder and torture charges in the 1997 death of Anthony Martinez, a 10-year-old boy from Beaumont, Calif., who was taken at knifepoint and discovered 10 days later beaten to death with a rock and bound in duct tape.

Duncan was extradited to Southern California after being given nine life terms and three death sentences for the murder of an Idaho family and the kidnapping, torture and murder of a little boy. Brenda Groene, Slade Groene and Mark McKenzie were beat to death at the family’s Wolf Lodge Bay home; and 9-year-old Dylan Groene, who was abducted along with his 8-year-old sister, Shasta Groene, was shot and killed at a Montana campground after being tortured in a cabin. Shasta was rescued at a Coeur d’Alene restaurant, where Duncan was apprehended.

Read the full story by John Asbury at the Riverside Press-Enterprise by clicking the link below

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