Defense team wants Duncan found incompetent - Spokane, North Idaho News & Weather KHQ.com

Defense team wants Duncan found incompetent

BOISE, Idaho. - The defense team of convicted child killer Joseph Edward Duncan III wants him found incompetent, the attorneys revealed during a court proceeding Thursday.

Duncan, who faces the death penalty on three of 10 federal charges connected to the 2005 abduction of two northern Idaho siblings and the murder of one of them, asked U.S. District Judge Edward Lodge earlier this year to allow him to represent himself during the death row hearing.

Since that request, many of the court proceedings and documents filed in the case have been sealed. But in an open status conference Thursday, the judge said he'd received Duncan's psychological evaluations and would make them available to attorneys on both sides in the next few days.

Also on KHQ.com

- Duncan hearing will be open to public, media

Federal prosecutors contend Duncan is competent and should be allowed to represent himself. Duncan's own attorneys say he's not competent. They hope to continue representing him in the case.

Duncan previously pleaded guilty in Idaho state court to killing the children's mother, Brenda Groene; her boyfriend, Mark McKenzie; and 13-year-old Slade Groene at the family home.

(The Associated Press contributed this story.)


Previous Coverage


1. Duncan's defense attorneys: court sealing too much
BOISE, Idaho. - Defense attorneys for convicted child killer Joseph Edward Duncan III say a federal judge is being overzealous in sealing court documents connected to his death row sentencing case. In a court document filed Tuesday, Duncan's defense team asked U.S. District Court Judge Edward...
 
2. Judge postpones Duncan sentencing again
BOISE, Idaho - A federal judge has delayed again the resumption of the sentencing hearing for convicted murderer Joseph Edward Duncan III. U.S. District Judge Edward Lodge filed an order Monday granting a mental health expert two more weeks to determine whether Duncan is competent to serve as his...
3. Duncan death penalty delayed again
BOISE, Idaho - A judge has once again delayed the federal death penalty case for convicted murderer Joseph Edward Duncan III. An order filed by District Judge Edward Lodge states that mental health experts need at least two more weeks to determine Duncan's competency to stand trial. The court...
 
4. Duncan trial delayed further
BOISE, Idaho. - Jury selection in the case against Joseph Duncan has been delayed further due to a motion filed by the court that Duncan undergo further mental competency evaluation. Jury selection was delayed previously in April, when Duncan filed a request to proceed pro se (defend himself)....
 
5. KHQ&A: Do you think Joseph Duncan should be allowed to represent himself in ...
BOISE, Idaho - On April 16th Joseph Edward Duncan III asked a federal judge to allow him to act as his own attorney during his death sentencing hearing. Do you think he should be allowed represent himself? Scroll down, let us know why or why not. Your Responses: Yes I do believe that he should...
 
6. Duncan guilty pleas unlikely to be undone if he's ruled incompetent
BOISE, Idaho - Legal experts say the previous guilty pleas of confessed child killer Joseph Duncan will probably not be voided if he's found mentally incompetent to represent himself in his sentencing hearing. University of Missouri law professor Rodney Uphoff and Boise lawyer and former Idaho...
 
7. KHQ&A: Should Joseph Duncan get the death penalty?
Joseph Duncan pleaded guilty to ten federal charges in a Boise courtroom and said he accepts full responsibility for his actions, "even to death if necessary". Do you think Duncan should be sentenced to die? Why or why not? Your responses: yes I pray for little Shasta every day...
 
8. Jury selection delayed in Duncan trial
SPOKANE, Wash. - The judge in the Duncan trial delayed jury selection for the sentencing phase Monday due to Duncan's request to defend himself in the case. The judge ordered both the defense and prosecution to submit their positions on Duncan's motion to proceed pro se (defend himself) and that...
 
9. Doctors finish Duncan's mental evaluation
BOISE, Idaho - A psychiatric evaluation of convicted child killer Joseph Edward Duncan III has been completed, and a federal judge could decide soon if Duncan will be allowed to represent himself in his death penalty hearing. A jury is expected to decide this summer if Duncan should be imprisoned...
 
10. Judge says Duncan needs mental evaluation
BOISE, Idaho - In light of convicted child killer Joseph Duncan's request to represent himself in court, a federal judge ordered Friday that Duncan undergo a mental evaluation. Duncan says he needs to be his own attorney because his current legal team can't ethically represent his ideology. The...
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