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Jaye Jang · 04-20-2008, 05:31 PM

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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.

04-20-2008, 05:31 PM	#1
Jaye Jang Join Date: Jan 2008 Posts: 1,274	Excuse me?!!! RSS feeds p://www.idahostatesman.com/531/story/355806.html 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.