Duncan's lawyer says prosecutor's death penalty request not valid - Spokane, North Idaho News & Weather KHQ.com

Duncan's lawyer says prosecutor's death penalty request not valid

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COEUR d'ALENE, Idaho (AP) - A defense lawyer says convicted sex offender Joseph Edward Duncan should not face the death penalty at his triple murder trial.

Kootenai County Public Defender John Adams filed a motion yesterday against the prosecution's notice of intent to seek the death sentence. He says prosecutors did not present evidence of aggravating circumstances, as required by law.

Prosecutor Bill Douglas declined to immediately respond to the motion.

In August 2005, Duncan was charged with three counts each of first-degree murder and first-degree kidnapping. Conviction on any of those counts carries a maximum sentence of death.

A hearing is scheduled on August 22-23 on various motions in the case before 1st District Judge Fred Gibler. Trial is set for October 16 in Coeur d'Alene.

(Copyright 2006 by The Associated Press. All Rights Reserved.)

AP-NY-08-15-06 1352EDT

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