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Anti-drug activists want the Del Mar Fairgrounds to crack down on marijuana smoking at concerts. If you have an opinion and are willing to be quoted by name, please contact staff writer Terry Rodgers at 619-293-1713 or terry.rodgers@
uniontrib.com
.

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Judge: Idaho child-killer is mentally competent


ASSOCIATED PRESS

3:16 p.m. July 24, 2008

BOISE, Idaho – Convicted child-killer Joseph Edward Duncan III is mentally competent to face a death penalty hearing, a federal judge in Idaho ruled Thursday.

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 will be held 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.” The judge had not yet made a decision on that request.

On Thursday, Lodge ruled 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, Wash., 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.

A jury will decide whether Duncan gets the death penalty or life in prison without parole.

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.

Now that Duncan has been found competent to face the hearing, the court must determine if he is competent enough to fire his attorneys and represent himself.

On Monday, Lodge will again warn Duncan “of the pitfalls and disadvantages of self-representation” and ask Duncan if he still wants to face the jury alone, the judge said.

If Duncan still wishes to go it alone, Lodge may set a limited competency hearing to see if “it is necessary to order that he proceed with counsel to ensure the integrity and efficiency of a fair trial,” he said.


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