Excuse me?!!!

[Jaye Jang]

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News > AP State > IdahoDuncan says attorneys can't ethically represent him



By REBECCA BOONE - Associated Press Writer
Edition Date: 04/18/08


BOISE, Idaho — Convicted child killer Joseph Edward Duncan III told a federal judge Friday that he wants to represent himself at a sentencing hearing where he could receive the death penalty because his lawyers can't ethically represent his ideology.
Duncan has asked U.S. District Judge Edward Lodge to let him represent himself as a jury considers whether he should be put to death for the abduction and slaying of 9-year-old Dylan Groene in 2005.

Duncan earlier pleaded guilty in state court to murdering three other members of the boy's family but the penalty for those crimes is not at issue here.

Lodge told Duncan he couldn't make the decision without being certain Duncan was competent to waive his right to professional representation.

He ordered attorneys on both sides to submit briefs on Monday saying whether they think Duncan's request was made early enough in the proceedings, whether a thorough mental evaluation can be made without a lengthy observation period, and whether a finding that Duncan is mentally competent would be the same as a finding he is competent enough to represent himself.

Duncan pleaded guilty in December to 10 federal crimes stemming from the 2005 kidnapping of Dylan and his then-8-year-old sister, Shasta Groene. Both were taken from their Coeur d'Alene home in May 2005 and sexually abused before Duncan shot and killed Dylan at a campsite in western Montana.

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.

Jury selection for the federal sentencing phase began Monday. Duncan told Lodge he didn't want his request to delay the penalty hearing, and that he would prefer to keep the sentencing from being postponed.

But Lodge warned him that competency is generally determined by sending federal defendants to the nearest Bureau of Prisons facility for a 30- to 45-day mental evaluation, and that Duncan could very well be sent to Seattle for the procedure, postponing the hearing for more than a month.

Duncan will continue to be represented by his team of attorneys until Lodge rules on the request.

"I don't have an issue with counsel personally," Duncan said in court. "It's ideological. I don't believe that they can ethically represent my ideologies."

Duncan did not elaborate on what those ideologies are.

"You definitely do have a 6th Amendment constitutional right to represent yourself" but there are a number of concerns that have to be addressed, Lodge said. "I'm not aware your counsel has filed anything that shows there has been a mental evaluation."

Still, Lodge said, Duncan's demeanor and prior statements in both federal and state court strongly suggest he is capable of making the decision to represent himself. In a simpler case, Lodge said he might be able to rule immediately.

"It does appear to the court that you've appeared to be rational and your behavior has been appropriate," Lodge said. "Insanity's certainly not an issue."

Because Duncan faces the possibility of capital punishment and because preliminary mental evaluations suggest the "possibility of some other mental issues," Lodge said, a professional mental evaluation is needed.

Assistant U.S. Attorney Wendy Olson told the court that the government was concerned that a wrong decision by the judge at this point could result in an automatic reversal on appeal.

"This is a matter of tremendous concern to the government. ... We're concerned that there could be a structural error that would end us right back where we are right now," Olson said.

If Duncan represents himself, it could put him in the position of cross-examining Shasta Groene, the sole survivor of the murders and abduction.

It is not yet clear if either side expects to call Shasta as a witness.

[Jaye Jang]

What I was trying to say here is, is it just me or has the world gone batso. I mean, this creep stalked and killed this little girl's family in front of her, kidnapped her and her brother, forced her to watch while he killed her only remaining sibling in front of her, and now he wants to represent himself and possibly cross-examine her in court. Pardon me, but I think the little kid has been through enough.

[KontanKarite]

What's even more crazy is how he actually admitted guilty to the charges and now they want to examine him. Can someone not just have the conscience to admit when they're wrong without people thinking they're crazy?

[Jaye Jang]

Kontan,

He was institutionalized in the past on similar charges in other states and for some reason known only to the 'powers that be', he was let out. Now he's our problem.

[KontanKarite]

OOOoooohhhh.... okay.

[Renatus]

I think he is rather stupid, because if he proves mentaly compotent enough to defend himself then he'll prove he was "sane" when he committed the act which would futher prove he should get the death pentaly. It is the possibility that he might be mentaly ill that could save him from the death penalty, he already pleaded guilty so there is nothing really he should be doing other than making himself look as incompotent as possible if he wants to live.

[emeraldlonewoulf]

It might be that to him death is preferable to life in a max security facility.
Maybe he figures if he represents himself on that level he can ensure he gets the sentencing he wants, and might not have to wait ten years to have it carried out?

[ThreeEyesOni]

Originally Posted by Renatus

I think he is rather stupid, because if he proves mentaly compotent enough to defend himself then he'll prove he was "sane" when he committed the act which would futher prove he should get the death pentaly. It is the possibility that he might be mentaly ill that could save him from the death penalty, he already pleaded guilty so there is nothing really he should be doing other than making himself look as incompotent as possible if he wants to live.

Unfortunately that's what "temporary insanity" is for. If he was still considered insane now, then he wouldn't be competent to stand trial and therefor would be locked in a mental institute until competent to stand trial.

I honestly don't see the point of this. He's admitted to all of it, and the judge has that knowledge. There isn't going to be a jury (that I'm aware of) because this is just a decision as to what the punishment will be.

Put him in the chair, flip the switch, and be done with it. I can't think of any possible reason for keeping this man around.

[AkaiNeko]

If he already admited to the crime, why have a hearing at all? Thats a part of the legal system i don't understand. Murder is murder is murder is murder. Just kill him already!

[drewsilla]

He just proves that old saying "Anyone who represents themselves has a fool for a client".