Child killer back in court for competency hearing
BOISE, Idaho (AP) - Attorneys for convicted murderer Joseph Duncan say their client has a delusional belief system that rendered him incompetent to waive his right to appeal a federal death sentence.
Duncan, who was sentenced to death in 2008 after pleading guilty to kidnapping and torturing two northern Idaho children before killing one of them in western Montana, was back in Boise's U.S. District Court Tuesday for a competency hearing.
The hearing, which was ordered by the 9th U.S. Circuit Court of Appeals, is intended to determine whether Duncan was mentally competent when he waived his right to appeal his sentence in 2008.
Defense attorney Michael Burt told U.S. District Judge Edward Lodge that experts will testify that Duncan has a medical condition called brain impairment, which may have caused psychosis and other mental problems. They say that for years, Duncan has held a delusional belief system based on an epiphany that he should not participate in his own defense.
But Assistant U.S. Attorney Justin Whatcott told the judge that the evidence will show that multiple experts and three judges in three different courtrooms all have found Duncan to be competent, and that Duncan himself has consistently demonstrated an ability to make rational decisions.
Duncan has been convicted of five different murders in Idaho, Montana and California. But this competency hearing focuses only on the crimes he committed against young Dylan Groene and his 8-year-old sister, Shasta, in 2005.
The hearing is expected to last at least two weeks.
Duncan, who was sentenced to death in 2008 after pleading guilty to kidnapping and torturing two northern Idaho children before killing one of them in western Montana, was back in Boise's U.S. District Court Tuesday for a competency hearing.
The hearing, which was ordered by the 9th U.S. Circuit Court of Appeals, is intended to determine whether Duncan was mentally competent when he waived his right to appeal his sentence in 2008.
Defense attorney Michael Burt told U.S. District Judge Edward Lodge that experts will testify that Duncan has a medical condition called brain impairment, which may have caused psychosis and other mental problems. They say that for years, Duncan has held a delusional belief system based on an epiphany that he should not participate in his own defense.
But Assistant U.S. Attorney Justin Whatcott told the judge that the evidence will show that multiple experts and three judges in three different courtrooms all have found Duncan to be competent, and that Duncan himself has consistently demonstrated an ability to make rational decisions.
Duncan has been convicted of five different murders in Idaho, Montana and California. But this competency hearing focuses only on the crimes he committed against young Dylan Groene and his 8-year-old sister, Shasta, in 2005.
The hearing is expected to last at least two weeks.
...and justice for all? Do we feed, cloth and protect our cancers so they can proliferate? Are we not the ones insane here?Â
I don't understand why it matters if he is competent or not. He's a KILLER. There are many people in this world that suffer from some sort of mental disability (downs syndrome, brain damage, or just not that bright) that do not go around killing people. So that shouldn't be an excuse. Put him down already and let Shasta's healing begin.Â
After the horrific torture he put that little boy through, i am at a loss for words. the child begged to die. he was 8. as a parent i do not know why this man is still alive and in our courts. will someone please tell me why he is priveleged to wear a bullet proof vest - i know full why is wearing it - why are the taxpayers paying for it? the probably cause theory and mental impairment in this particular case are a sick joke on our bleeding heart society. cannot we not trade him for a US citizen held captive in another countries prison?
Duncan can go live with Josh Powell
A steamroller running him down would be a fitting punishment.
Why is it still breathing?Â
Oh for .... sake! Just save some money and plug him in already!Â
The look in this guys eyes alone is frightening. Can't imagine he's got an ounce of compassion for anyone on the planet. I doubt the system will punish him the way he deserves, he should be put to death.
I wish we could just put the damn dirtbag down and get it over with already. Quit wasting time and money on this!
Somebody get the rope. No needle; that would bee too easy on him.
I don't care what mental disorder they come up with. He is a murderer and does not deserve to be here.
WHY IS THIS POS STILL ALIVE??????
joke of a legal system it is worked to help murderers rapists gang members drug dealers etc
 @tkyed ...kinda what I was wondering...should of been shanked already...must be in a protected area of the prison.