Child Killer Shuns Lawyers

Facing The Death Penalty, North Dakota Man Wants To Represent Himself In Court

(AP)  The third anniversary of Joseph Edward Duncan III's vicious attack on the Groene family, in which he kidnapped two young siblings after a bloodbath at their home and whisked them away to western Montana, torturing them, raping them, and killing the 9-year-old boy, is just a month away.

Duncan was supposed to begin his federal sentencing hearing, which could result in the death penalty, sometime around May 1; jury selection began this week.

But now Duncan wants to fire his lawyers and represent himself.

That could mean the sole survivor of the attack, 11-year-old Shasta Groene, may have to wait even longer for justice. Worse, she could face cross-examination by the man who decimated her family.

U.S. District Judge Edward Lodge was clearly troubled by the convicted killer's request. At a hearing Friday, Lodge questioned Duncan repeatedly to see if he fully understood what it would mean to serve as his own attorney.

The stakes couldn't be higher. Duncan pleaded guilty to 10 federal charges in December, including three that bring possible death penalties: kidnapping resulting in death, sexual exploitation of a child resulting in death and using a firearm in a crime of violence resulting in death. The other charges are kidnapping, two counts of aggravated sexual abuse of a minor, being a felon in possession of a firearm, transportation of a stolen firearm, possession of an unregistered firearm and transportation of a stolen vehicle.

"I don't have an issue with counsel personally," Duncan told Lodge. "It's ideological. I don't believe that they can ethically represent my ideologies."

Duncan didn't detail his ideology in court, but authorities have examined an Internet blog that he kept for months before the Groene slayings.

In the blog, which he titled, "The Fifth Nail," Duncan documented his internal struggle against right and wrong, railing against what he called the ostracizing of convicted sex offenders, and offering religious views.

"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."

Lodge told lawyers on both sides to submit briefs on the issue Monday.

In any legal case, a request for self-representation is tricky. In a capital case it's a potential minefield of errors. U.S. Assistant Attorney Wendy Olson told Lodge that a mistake at this stage could result in an automatic reversal on appeal, forcing both sides to start the sentencing hearing over again.

The crime spree began on a spring day in 2005 when Duncan, a convicted pedophile originally from Tacoma, Wash., first saw Shasta and Dylan playing outside their Coeur d'Alene home. He stalked the family for a time before entering the house one night in mid-May 2005, killing 13-year-old Slade Groene, his mother Brenda Groene and her fiance Mark McKenzie. Duncan drove away with Shasta and Dylan, sexually abusing and torturing the children for weeks in the remote Montana wilderness before killing Dylan and leaving his body behind.

Duncan took Shasta back to Coeur d'Alene, where a waitress at a local restaurant recognized the girl and called police on July 5, 2005.

Duncan was arrested and he pleaded guilty to the three Coeur d'Alene murders in state court. If federal prosecutors fail to win a death sentence for their charges, Duncan will be returned to Kootenai County to face a possible death penalty there.

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.

Still, because Duncan faces the possibility of capital punishment and because preliminary mental evaluations imply the "possibility of some other mental issues," Lodge said, a professional mental evaluation is needed.

It's not yet clear if that evaluation can be done quickly and locally, or if the court will follow the standard protocol and send Duncan to Seattle for a roughly 45-day evaluation by the Bureau of Prisons.

Duncan was taken aback when Lodge said the hearing could be delayed for a lengthy evaluation.

"That wasn't my intention when I initiated this," Duncan said. "The delay is unexpected and obviously I don't think anyone wants that."

There was no court discussion of whether Shasta would be called to testify at the sentencing hearing. The parties are forbidden to discuss the case outside of court under a gag order issued by Lodge.

[libsrweak]

We provide too much linency towards the sick and the demented..TIME TO EXECUTE THIS MAN.

[johnstossel]

Fry the ***!!!

[ranger1948]

megamanx1
You couldn''t have a thought in your head if your life depended on it.

[gmond]

Just sentence him no matter who represents him and get it over with already.

[mkbjon]

YEAH.....HE''''S GETTIN THE DEATH PENALTY.

SO....WHERE ARE ALL THE WHITE SUPREMACISTS WHO SHOW UP WHENEVER SOMEONE BLACK COMMITS A CRIME?

TUMBLEWEED...JUST WHAT I THOUGHT.
Posted by MegamanX1


This does nothing to justify their righteous indignation, and in fact, is more evidence that barbaric acts and depravity are not inherent to race. Anyway, looking at this man just makes my blood run cold. He tied up the adults and the 13 year old and HAMMERED them to death and took 2 innocent children as his personal "toys" and then killed one of them. Part of me cannot fathom how a human being could do this to another living creature, but at the same time, the vengeful part of myself wants him to hurt as much as is possible. There is no doubt in my mind that violence begets violence because I wouldn''t mind seeing him burned alive at the stake, and that''s a painful death that I would not normally wish on my worst enemy.

[slim1h2o]

There''s a term that people use to refer to this type of person,,"Deadman Walking".

It will happen!

[swwils]

THIS SMF$%^*@ needs to be drug into the streets ,and flogged then hung!Let him represent his self,then do what I said to him straight from the court room.People like this have no reason to live,sucking up our good air,and only contributing horrific crimes to society.I would even be the Hangmen for guys like this,free of charge.

[ranger1948]

pfd572
If we were living in a perfecty world i would agree. Under the circumstances of this case i think this child has suffered enough already and to make her answer questions from the man who did this to her and her family i feel is inhumane.

[ranger1948]

pure505
I was just expressing my opinion from what i have seen in court rooms over the years.

[pfd572]

I''m sorry, but I believe the death penalty is too easy for these monsters. Let them rot in a cell for the rest of their lives, with no visitors, allowed only the barest minimum required by law (no tv, etc), 23 hour days in his cell, only allowed out for showers or meetings with his appeal lawyers, and the knowledge that he will be living the same day over and over again, with no relief or release.

[pfd572]

As sick as this whole thing is, the Constitution guarantees the right to face your accuser. Unfortunately, the accuser in this case is a child who experienced horrific physical and mental torture. Hopefully, in the long run it will give her some measure of peace knowing her testimony was responsible for his eventual sentence and punishment. She will know she was strong and no longer a victim. We can hope anyway.

[kiokwus]

Duncan... people like you who make life hell for those who made their own mistake and who live by the law by your actions. There are hundreds of thousand of families suffering from laws and hardship for what people like you have done. Not one of us, yes others listed as *** offenders, deserves the hell you have caused. You and Couey, both have made us all sick, all being the whole country, not just RFSO''s, but every breathing person in this country. You are sick, you deserve to be put down like a rabid animal, there is no hope for you and you will answer to a higher judgement and find yourself falling into the deepest pits of hell. Stop your fiasco, take what is coming to you, and do the world a favor, end this yourself! We don''t need to pay for you to gloat in a cell, do it in a box instead.

[pure505]

ranger1948, is that a quote?...Gein maybe? Reminds me of one from my Encyclopedia of Serial Murder. Interesting, but it just goes to show how far removed from our world these people really are. Of course Duncan would try to make a "poetic" stand in representing himself and dragging the spotlight back to him (where he wants it). What a sad, pathetic way to try and get more of that attention you never got from mommy. Hey Duncan, you want to make a prolific statement and ignite the history books in flames?...slit your wrists. Tomorrow. The sooner the better. You were a mistake and probably should exit the world as soon as humanly possible.

[ranger1948]

The problem with letting him defend himself opens a lot of gaps for legal appeals.Also i don''t think this child who has to testify should be made to answere questions by him. Where are her rights ?

[ranger1948]

megamanx1
Weare kere, we are always here we are your shadow. We are your nightmare.

[veteran72]

Whoooops,....*** it, my gun accidently went off 3 times and by some strange fluke, this POS ended up with 1 in the heart and 2 in the head,........
Oh well,....these things happen from time to time,....

[sissy2nite]

I cannot believe we waste all this money defending a horrific person that has brutally killed 2 adults and 2 CHILDREN! There is no defense in this case...how awful. Rid the world of this monster, the sooner the better!

[karen091866]

This sick, depraved psycho SHOULD represent himself. It will greatly increase the liklihood he''ll get what his actions warrant.

[megamanx1-2009]

YEAH.....HE''S GETTIN THE DEATH PENALTY.

SO....WHERE ARE ALL THE WHITE SUPREMACISTS WHO SHOW UP WHENEVER SOMEONE BLACK COMMITS A CRIME?

TUMBLEWEED...JUST WHAT I THOUGHT.