D.A. Approves Duncan Plea Deal: Life In Prison Without Parole - Spokane, North Idaho News & Weather KHQ.com

D.A. Approves Duncan Plea Deal: Life In Prison Without Parole

Photo courtesy KESQ.Com Photo courtesy KESQ.Com
Photo courtesy KESQ.Com Photo courtesy KESQ.Com

KHQ.COM - Confessed killer Joseph Duncan has admitted to yet another murder, entering a guilty plea in a Southern California courtroom. Duncan was charged with the 1997 murder of 10-year-old Anthony Martinez.

Duncan's attorney's had presented Riverside County District Attorney Paul Zellerbach an offer to plea guilty if the death penalty was taken off the table. Zellerbach had to make the decision to accept it or not.

On Tuesday morning in an Indio, CA courtroom the guilty plea was accepted, sparing Duncan the death penalty in California. Duncan made a similar deal in Kootenai County in 2006, for the deaths of Brenda and Slade Gorene, and Mark McKenzie.

Duncan was sentenced to death in a federal courtroom in 2008 after a five week death penalty hearing before a jury.

Duncan's fate currently is in the hands of the 9th circuit court of appeals. Duncan's stand-by counsel had filed an appeal of the death penalty decision, then he filed a brief asking that no action be taken.

The issue is still un-resolved in the appeals court. Anthony Martinez was abducted in Beaumont, CA then driven to Indio, CA where his body was left in the desert hills.

Duncan confessed the 1997 murder to FBI investigators after he was arrested in Idaho in 2005. A partial thumbprint found on duct tape binding Martinez's body was subsequently matched to Duncan's fingerprints by investigators. 

Here are the minutes from the court's public website:

Case INF057178 Defendant 586859 DUNCAN III, JOSEPH EDWARD  

Case INF057178 Defendant 586859 DUNCAN III, JOSEPH EDWARD

Action: Hearing set re: Further Proceedings

 

Date: 03/15/2011

 

Time: 9:30 AM

Defendant Status: Active

 

Division: 1B

 

Hearing Status: DISPOSED

HONORABLE DAVID B DOWNING PRESIDING.

COURTROOM ASSISTANT: KRH-K. HINOS

COURT REPORTER: KPC-K.CAGNEY

PEOPLE REPRESENTED BY DEPUTY DISTRICT ATTORNEY: DDA O. STERLING.

DEFENDANT REPRESENTED BY DPD G. ORANE AND S. OMEARA.

DEFENDANT PRESENT.

INVESTIGATOR TOM REID PRESENT IN COURT.

DEFENDANT WITHDRAWS PLEA OF NOT GUILTY AS TO COUNT(S) 1 AND IS REARRAIGNED.

DEFENDANT PLEADS GUILTY TO COUNT(S) 1.

DEFENDANT ADMITS ENHANCEMENT(S) A3 BP KJ KK IN COUNT 1.

DEFENDANT ADMITS PRIOR(S) 1 2.

FELONY PLEA FORM IS INCORPORATED HEREIN AND INCLUDES THE FOLLOWING ADVISEMENTS AND WAIVERS:

DEFENDANT ADVISED OF RIGHT TO A SPEEDY AND PUBLIC TRIAL BY JUDGE OR JURY.

DEFENDANT ADVISED OF RIGHT TO CONFRONT AND CROSS EXAMINE WITNESSES; RIGHT TO PRESENT EVIDENCE ON OWN BEHALF.

DEFENDANT ADVISED OF RIGHT TO ASK COURT TO COMPEL WITNESSES TO ATTEND TRIAL AT NO EXPENSE.

DEFENDANT ADVISED OF PRIVILEGE AGAINST SELF-INCRIMINATION.

DEFENDANT ADVISED OF RIGHT TO COUNSEL; CONT. TO CONSULT COUNSEL; ASSIGNMENT OF COUNSEL IF UNABLE TO EMPLOY PRIVATE COUNSEL.

DEFENDANT WAIVES RIGHT TO TRIAL BY JURY.

DEFENDANT WAIVES RIGHT TO CONFRONT AND CROSS EXAMINE WITNESSES.

DEFENDANT WAIVES RIGHT TO ASK COURT TO COMPEL WITNESSES TO ATTEND TRIAL AT NO EXPENSE.

DEFENDANT WAIVES PRIVILEGE AGAINST SELF INCRIMINATION.

DEFENDANT ADVISED OF CHARGES AND CONSEQUENCES OF HIS/HER PLEA AND STATUTORY SENTENCING.

DEFENDANT ADVISED OF CONSTITUTIONAL RIGHTS.

DEFENSE COUNSEL CONCURS IN DEFENDANTS PLEA AND/OR ADMISSIONS.

COURT FINDS PLEA IS FREE & VOLUNTARY. CRT FINDS DEFT KNOWS & UNDERSTANDS CONSTITUTIONAL RIGHTS, NATURE OF CHARGES & CONSEQUENCES OF HIS/HER PLEA.

COURT FINDS FACTUAL BASIS FOR THE PLEA IS BASED ON OSD-ORAL STATEMENT FROM DEFENDANT ON THE RECORD.

ORAL STATEMENT READ BY DDA O. STERLING AND

CONFIRMED BY THE DEFENDANT JOSEPH EDWARD DUNCAN

COURT ACCEPTS PLEA.

CASE CERTIFIED TO SUPERIOR COURT

COMMENCE CERTIFICATION.

DEFENDANT WAIVES HIS APPELLATE RIGHTS IN THIS CASE

ONLY

SPECIFICATION OF PLEA: LIFE WITHOUT PAROLE DOUBLED

DEFENDANT WAIVES TIME FOR SENTENCING UNTIL 4-5-11 AT 9:30 AM.

REFERRED TO PROBATION DEPARTMENT FOR PRE-SENTENCING REPORT.

REPORT TO CONTAIN RESTITUTION INFORMATION AND

CREDITS FOR TIME SERVED

PROBATION REPORT DUE TO THE COURT BY 4-1-11

DEFENDANT WAIVES RIGHT TO COMMENT ON THE PROBATION

REPORT

REPORT AND SENTENCE HEARING SET ON 04/05/2011 AT 9:30 IN DEPT. 1B.

COURT REPORTER ORDERED TO PREPARE A TRANSCRIPT FOR ALL PROCEEDINGS ON DEATH PENALTY DESIGNATED CASE AT COUNTY TREASURY EXPENSE.

DEFENDANT ORDERED TO RETURN ON ANY AND ALL FUTURE HEARING DATES.

- - CUSTODY STATUS/INFORMATION - -

BAIL TO REMAIN AS FIXED.

REMAINS REMANDED TO CUSTODY OF RIVERSIDE SHERIFF.

MINUTE ORDER PRINTED TO INDIO JAIL.

SAVE MINUTE ORDER TO CASE

MINUTE ORDER OF COURT PROCEEDING

MINUTE ORDER OF COURT PROCEEDING DEATH PENALTY (INDIO)

COPY OF MINUTE ORDER FORWARDED TO APPEAL'S SUPERVISOR

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