Idaho child killer's competency appeal nears
BOISE, Idaho (AP) - As an appeal over the competency of a convicted child killer nears in Idaho's U.S. District Court, a judge is sorting out just what expert witnesses should be allowed to testify about in the case.
Joseph Edward Duncan III was sentenced to death in 2008 after admitting he kidnapped and tortured two northern Idaho children before killing one of them. He gave up his appeals later that year, but his former attorneys argued that he wasn't mentally competent and fought the sentence on his behalf.
A hearing on the matter will be held in Boise's U.S. District Court in January.
Duncan's defense attorneys say the crux of the case is whether Duncan suffered from religious delusions or merely held unusual religious beliefs, according to court documents.
In preparation for the hearing, U.S. District Judge Edward Lodge issued a ruling Wednesday designed to give attorneys on both sides guidance about the appropriate scope of testimony.
Judges are given plenty of leeway in deciding what evidence in relevant to a case, Lodge noted, and existing case law calls on district courts to act as gatekeepers. That means the judge will have to exclude junk science, and try to keep the expert witnesses focused on relevant and reliable testimony that is based on scientific techniques.
It's difficult to predict just what witnesses will say on the stand, Lodge said, so he may change his mind on some things when the hearing is under way. But he conditionally approved the defense's request to use Dr. Michael First, an expert in the Diagnostic and Statistical Manual of Mental Disorders, the text that medical professionals use to diagnose mental illnesses.
The U.S. Attorney's office had opposed First's testimony, saying he would only be able to establish the definitions of the mental illnesses in the manual, and that any expert could do the same or the court could simply take official notice of the manual.
But Duncan's attorneys say First is an expert in the diagnosis of those disorders, and that he'll discuss the difference between religious beliefs and religious delusions, "which is at the heart of the conflict in opinions in this case," according to Lodge's order.
The defense also hopes to call Dr. Xavier Amador, a psychologist who wrote a book about a condition called anosognosia, a lack of insight experienced by some people who do not recognize that they have a mental illness.
Among the experts that prosecutors hope to have testify is Dr. Ronald Roesch, a psychologist and the director of the Mental Health, Law and Policy Institute at Simon Fraser University, who examined Duncan in 2012. Roesch also studied records, reports and witness statements dating back to 2006 in an effort to determine whether the defendant was competent in 2008.
Defense attorneys have contested Roesch as a witness, arguing that his testimony will be irrelevant and unreliable in part because his findings weren't made in 2008. Lodge said the defense can raise some of its concerns during cross-examination, however, and that any objection to Roesch's testimony is premature right now.
When Duncan first decided to represent himself in 2008, Lodge had him examined by a local psychologist who found that while Duncan's thoughts were "somewhat unusual," Duncan wasn't delusional.
If Lodge finds that Duncan wasn't competent when he gave up his appeals, the judge will have to assess whether he was competent during his sentencing hearing. That could lead to a new sentencing hearing, or a new sentence of life in prison.
Duncan has been convicted of five different murders spanning three states, but the competency hearing focuses only on the crimes he committed against young Dylan Groene and his 8-year-old sister in 2005. During his sentencing hearing in that case, prosecutors said Duncan kidnapped the two children from their northern Idaho home on a spring day in 2005 after killing their older brother, mother and mother's fiance. Duncan kept the children at a remote Montana campsite for weeks before killing Dylan and returning with Dylan's sister to Coeur d'Alene, where he was arrested.
Duncan has also been convicted in the murders of Slade and Brenda Groene and Mark McKenzie in Idaho state court and in the 1997 murder of 11-year-old Anthony Martinez in Riverside County, Calif.
Joseph Edward Duncan III was sentenced to death in 2008 after admitting he kidnapped and tortured two northern Idaho children before killing one of them. He gave up his appeals later that year, but his former attorneys argued that he wasn't mentally competent and fought the sentence on his behalf.
A hearing on the matter will be held in Boise's U.S. District Court in January.
Duncan's defense attorneys say the crux of the case is whether Duncan suffered from religious delusions or merely held unusual religious beliefs, according to court documents.
In preparation for the hearing, U.S. District Judge Edward Lodge issued a ruling Wednesday designed to give attorneys on both sides guidance about the appropriate scope of testimony.
Judges are given plenty of leeway in deciding what evidence in relevant to a case, Lodge noted, and existing case law calls on district courts to act as gatekeepers. That means the judge will have to exclude junk science, and try to keep the expert witnesses focused on relevant and reliable testimony that is based on scientific techniques.
It's difficult to predict just what witnesses will say on the stand, Lodge said, so he may change his mind on some things when the hearing is under way. But he conditionally approved the defense's request to use Dr. Michael First, an expert in the Diagnostic and Statistical Manual of Mental Disorders, the text that medical professionals use to diagnose mental illnesses.
The U.S. Attorney's office had opposed First's testimony, saying he would only be able to establish the definitions of the mental illnesses in the manual, and that any expert could do the same or the court could simply take official notice of the manual.
But Duncan's attorneys say First is an expert in the diagnosis of those disorders, and that he'll discuss the difference between religious beliefs and religious delusions, "which is at the heart of the conflict in opinions in this case," according to Lodge's order.
The defense also hopes to call Dr. Xavier Amador, a psychologist who wrote a book about a condition called anosognosia, a lack of insight experienced by some people who do not recognize that they have a mental illness.
Among the experts that prosecutors hope to have testify is Dr. Ronald Roesch, a psychologist and the director of the Mental Health, Law and Policy Institute at Simon Fraser University, who examined Duncan in 2012. Roesch also studied records, reports and witness statements dating back to 2006 in an effort to determine whether the defendant was competent in 2008.
Defense attorneys have contested Roesch as a witness, arguing that his testimony will be irrelevant and unreliable in part because his findings weren't made in 2008. Lodge said the defense can raise some of its concerns during cross-examination, however, and that any objection to Roesch's testimony is premature right now.
When Duncan first decided to represent himself in 2008, Lodge had him examined by a local psychologist who found that while Duncan's thoughts were "somewhat unusual," Duncan wasn't delusional.
If Lodge finds that Duncan wasn't competent when he gave up his appeals, the judge will have to assess whether he was competent during his sentencing hearing. That could lead to a new sentencing hearing, or a new sentence of life in prison.
Duncan has been convicted of five different murders spanning three states, but the competency hearing focuses only on the crimes he committed against young Dylan Groene and his 8-year-old sister in 2005. During his sentencing hearing in that case, prosecutors said Duncan kidnapped the two children from their northern Idaho home on a spring day in 2005 after killing their older brother, mother and mother's fiance. Duncan kept the children at a remote Montana campsite for weeks before killing Dylan and returning with Dylan's sister to Coeur d'Alene, where he was arrested.
Duncan has also been convicted in the murders of Slade and Brenda Groene and Mark McKenzie in Idaho state court and in the 1997 murder of 11-year-old Anthony Martinez in Riverside County, Calif.
They can write all the books they want on the reasons people do what they do. Fact is, this guy needs to die.
Why, why, why do we spend so much time and money fighting for the rights of CONVICTED killers. He killed MULTIPLE people. This is such a waste. That poor little girl. I hope she's gotten the counseling she needs!
"The defense also hopes to call Dr. Xavier Amador, a psychologist who wrote a book about a condition called anosognosia, a lack of insight experienced by some people who do not recognize that they have a mental illness."Â
1) Pedophilia, like any other paraphilia, is NOT a mental illness.Â
2) Mental illnesses do not turn people into serial killers.
3) Idaho prison inmates need to take care of business and shank this fool before he wastes any more taxpayer dollars.Â
Get rid of him and everyone else who hurts a child!
'He gave up his appeals later that year, but his former attorneys argued that he wasn't mentally competent and fought the sentence on his behalf.'
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..and will then submit the bill for their fight to the local taxpayers.Â
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Just more judicial welfare.Â
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I sincerely don't see the point in a state (other than TX) even having a death penalty anymore. By the time liars... er, rather, lawyers get done with the dog and pony show (at taxpayer expense), they're dead from old age.Â
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I still like the idea of something similar to the federal X-Max prison. You build one of them regionally, and the absolute worst of the worst are sentenced to serve their terms in them. Solitary confinement, 22 hrs a day in your cell, the only person you get to talk to is either your attorney or the guards (if they so choose).Â
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A BIG part of the problem with our judicial system is that most of the miscreants who frequent it know how to 'work' the system to their advantage. Not to mention the fact that they have a better quality of life once they are in prison than they did as a free man. Prisons are NOT supposed to be a default retirement/social program. They are supposed to be punative institutions. I hope it IS he11 on earth. That's the point. You are not supposed to 'like' it there, or be comfortable.Â
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I also think that we need to create a 'loser pays' type of appelate system. Something tells me that this gentlmans legal council wouldn't be so dogged in their persuits if they were left holding the bill at the end of the process.Â
 @MarkKpic If killers were put to death not sensationalized we wouldn't have the serial killers we have today. Why should we have to pay as TAXPAYERS for them to live in prisons. Why build more prisons for corporations to make money off of. Put to death the killers and Find a way of punishment that is punishment for the other crimes. We are the only country in the world that argues and doesn't put to death convicted killers right away. This is an incomplete list but it gives an approximate idea of what I am saying The following is a list of notable people on death row by state and federal/military jurisdiction in the United States. There were approximately 3,254 people on death row as of May 7, 2011.[citation needed] The states with the largest death row populations were California (704), Florida (398), Texas (333), Pennsylvania (222), and Alabama (204). Wyoming and New Hampshire had the fewest inmates on death row (one each), New Mexico and Montana both had two, and Colorado and South Dakota had three. There are 59 people on federal death row and seven on military death row.    Think about how much money our country would be saving if we were not housing all of these murders, feeding them and otherwise. Think about the changes that may occur. If murders were put to death..... Oh how different life would be. No violence is not usually the answer. But in certain circumstances like these it is.     If it wasn't for these people why might not have what experts believe to be about 200 ACTIVE serial killers just in the US. This is an issue. Coddling and giving these people 3 hots and a cot does not solve the problem. Nor does plastering them in the media.                              http://www.ask.com/wiki/List_of_United_States_death_row_inmatesÂ
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This parasite can no longer be considered a human being. He does not deserve to breathe the same air.
They need to quit wasting time and eliminate this piece of garbage.
At the rate our"justice system" is going, there will come a time when people all over the country will think that as long as they act crazy enough and make sure they kill at least two people they can get away with it. "I'm crazy!" "Ok, no death penalty or or time in prison , it's off to the Daisy Hill Puppy Farm for you". "Thank you, your honor; WOO-WOO" and once again a vision of Daffy Duck scooting and bouncing across his pond acting spun out!
Who is paying for these defense attorney's to bring up this crap?
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@shewiz The people are. According to the sixth amendment to the Constitution: "the accused shall enjoy the right... to have the Assistance of Counsel for his defence"
@JTesla They are SUPPOSED to be indigent, unable to afford their own attorney. However, the courts I deal with do not verify if the person is truly indigent. Apparently all one has to do is TELL the court they are indigent and refuse to provide a financial statement, and even you can get a court appointed attorney,
How dumb is this court? Ship him in pieces to God so the Lord can take care of judgment. The murderer says he believes in God and has a good relationship so there shouldn't be a problem.
"Duncan has also been convicted in the murders of Slade and Brenda Groene and Mark McKenzie in Idaho state court and in the 1997 murder of 11-year-old Anthony Martinez in Riverside County, Calif."
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Sounds to me like the guy is long overdue for checking out.
@Peregrine Yep, you can't fix this kind of crazy, except with a bullet. Sorry, that's how I feel.
 @Peregrine all the lawyers point to Gary Ridgeway and say that guy got life for killing over 48 teens and woman so why should my client get death for a few?  lawyers make millions in tax dollars all over the usa as public defenders. if you can't afford a lawyer TOUGH. don't do the crime.
 @Peregrine he's like a spreading disease all in and of himself. Horrible...like he's channeling the devil or something. Even his eyes look creepy/scary.