Originally published Thursday, July 24, 2008 at 12:00 AM
Judge says Duncan competent to face death penalty hearing
BOISE, Idaho — Convicted child-killer Joseph Edward Duncan III is mentally competent to face a death penalty hearing, a federal judge ruled today.
The Associated Press
Duncan faces the death penalty on three of 10 federal charges related to the 2005 kidnapping of young Dylan and Shasta Groene, of Coeur d'Alene, and the slaying of Dylan. A hearing on whether Duncan should be allowed to represent himself during the sentencing hearing is scheduled for Monday.
Earlier this year, Duncan had asked U.S. District Judge Edward Lodge to allow him to represent himself, saying his attorneys could not "ethically represent my ideologies."
Lodge ruled today there was "no bona fide doubt about Mr. Duncan's competency."
Duncan is able to rationally consult with his lawyer and has a factual understanding of the proceedings against him, Lodge wrote, describing Duncan as "articulate, intelligent and knowledgeable of these proceedings."
"Though he may have expressed unusual views or ideas, Mr. Duncan has not displayed any irrational behavior to the court," Lodge wrote. "Mr. Duncan has been polite, followed courtroom etiquette, and has appeared to be actively involved with his counsel."
An evaluator with the Bureau of Prisons found no evidence of any mental disorders or defects, nor a history of psychosis and mood or thought disorders, Lodge said.
An evaluator selected by the defense team, whose name was redacted from the ruling, found Duncan wasn't rationally able to understand the proceedings or assist in his defense, but Lodge said he found that opinion to be less credible than the bureau's official.
Duncan, a convicted pedophile from Tacoma, pleaded guilty in December to the federal charges related to the kidnapping of Shasta, then 8, and her brother Dylan, 9. The children were taken from their Coeur d'Alene home in May 2005 after Duncan fatally bludgeoned the children's mother, Brenda Groene, their 13-year-old brother Slade, and the mother's fiance, Mark McKenzie.
Both children were sexually abused before Duncan shot and killed Dylan at a campsite in western Montana. Shasta was rescued on July 2, 2005, when a waitress spotted Duncan and the girl in a Coeur d'Alene restaurant.
It will be up to Duncan's penalty phase jurors to decide whether he gets the death penalty or life in prison without release.
Duncan earlier pleaded guilty in state court to murdering McKenzie and Slade and Brenda Groene before driving away with the two children. Sentencing on those state counts is not at issue here.
Copyright © 2008 The Seattle Times Company
New laws help tenants evicted due to foreclosure
Researchers stunned by inmates' success raising endangered frogs
Seattle may allow homeowners to build backyard cottages
Federal Way group on trail of missing pets
Must Metro commuting at Northgate be so chaotic?

2009 fireworks time lapse
With strict parking rules enforced at this year's July 4th celebration on Wallingford Ave North, less cars and more spectators filled the streets.
Entertainment | Top Video | World | Offbeat Video | Sci-Tech
nwjobs

Post a comment

Michelle Goodman blogs about work/life balance.
Tax tips for new independent professionals
Post a comment
nwautos

Choosing a new sedan? Weigh the impact of your choice on your wallet and on the planet.
Post a comment
nwhomes

Find a new home or condo that fits your lifestyle.
Search New Developments
Builder Directory
- Landmark Smith Tower mostly vacant
- Property taxes: Appeals shoot up in King, Snohomish Counties
- Palin links resignation to 'higher calling' and blasts media in Facebook posting
- Former NFL MVP McNair killed
- Hard times for tourist towns means good deals for travelers
- Shooting unveils very different sides of McNair
- Tukwila residents rally against light-rail noise
- Quincy Jones remembers "the biggest entertainer on the planet": Michael Jackson
- Confessions of an Idol Addict | "American Idols" on tour: Live coverage from opening date
- Plasma and LCD beware; OLED screens ready to go mainstream
- Seattle Mariners at Boston Red Sox: 07/05 game thread
247 - Palin links resignation to 'higher calling' and blasts media in Facebook posting
172 - Hatred for the NBA runs deep, but don't take it out on the players
135 - Tukwila residents rally against light-rail noise
125 - Former NFL MVP McNair killed
112 - Property taxes: Appeals shoot up is King, Snohomish Counties
103 - Tent City on campus: UW stalls decision
100 - Anti-tax rally in Olympia attracts about 1,500
68 - Seeking your questions
53 - Mariners did their part, now they need help
44
- Property taxes: Appeals shoot up in King, Snohomish Counties
- Hard times for tourist towns means good deals for travelers
- Landmark Smith Tower mostly vacant
- Plasma and LCD beware; OLED screens ready to go mainstream
- Tent City on campus: UW stalls decision
- The People's Pharmacy | Estrogen mimicker found in sunscreen
- Toyota's Toyoda scolds execs for emulating U.S. car companies' mistakes
- Tukwila residents rally against light-rail noise
- Outdoor-theater season kicks off at Volunteer Park
- Seattle safety project: A snake shelter on Beacon Hill





