Duncan Allowed to Represent Himself

A man facing the death penalty for kidnapping Dylan and Shasta Groene and killing Dylan will be allowed to represent himself during his federal death penalty hearing. U.S. District Judge Edward Lodge ruled that Joseph Edward Duncan III is competent to act as his own attorney during the proceedings.

The ruling came after a series of mental health evaluations and questioning by the judge of Duncan about his desire to represent himself.

"Based upon your representation to the court, your education and the finding that I made last week, you do have a 6th Amendment right to represent yourself," Lodge said Monday. "You're competent to make that decision."

During the hearing, Judge Lodge asked Duncan if he had any reservations about representing himself as a jury decides whether or not he received the death penalty or life in prison.

"I'm not a perfect person, and I make mistakes sometime," Duncan answered. "My only reservation is that I'm a human being."

Duncan's attorneys -- Judy Clarke, Mark Larranaga and Thomas Monaghan -- will remain at Duncan's side as a legal resource, but they will not represent him during the hearing.

Already Pleaded Guilty

Judge Lodge told Duncan that the three would be reappointed his attorneys if in become apparent the Duncan cannot adequately represent himself.

"I just want to try and represent what I believe," Duncan said. "But I want to do that within the rules or the law, and I want to try to do that without causing any problems."

Duncan has already pleaded guilty to 10 federal charges in connection with the kidnapping and sexual assault of Shasta and Dylan and the murder of Dylan. He took the children from their Idaho home in May 2005 after killing their mother, Brenda Groene, their 13-year-old brother Slade, and the mother's fiance, Mark McKenzie.

Duncan pleaded guilty in state court to the murders of the other family members.

See Also:
Judge Allows Idaho Child-Killer to Represent Self

Background:
The Trial of Joseph Edward Duncan

Forum:
Discuss The Duncan Case

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