Confessed killer Joseph Edward Duncan III, who is facing federal charges for kidnapping Dylan and Shasta Groene and killing Dylan, wants to represent himself during the penalty phase of his trial, but his court-appointed attorneys want the judge to find him incompetent to do it.

Duncan pleaded guilty in December to the federal charges. A jury will determine if he gets the death penalty in three of the 10 counts against him.

In a status conference last week, U.S. District Judge Edward Lodge said he would turn over Duncan's psychological evaluation reports to the defense and the prosecution soon. Duncan has been examined by two psychologists.

Defense attorneys also requested last week that any statements that Duncan made to the psychologist not be held against him in the present case or any future case. They argued that the convicted pedophile has the right not to incriminate himself.

Warning Not Adequate?

They said the prosecution's psychologist, Dr. Robert Engle, should have given Duncan adequate warning that anything he said could be held against him. Dr. Engle did tell Duncan that their conversation would not be confidential and prosecutors argued that was enough of a warning.

Defense attorneys also want anything excluded that might come under attorney-client privilege. Judge Lodge said he would rule on those issues on an individual basis.

Duncan faces multiple kidnapping, sexual assault and murder charges related to the abduction in May 2005 of Dylan, 9, and Shasta, then 8 years old. They were taken from their Coeur d'Alene home after Duncan killed Shasta's mother, Brenda Groene, her 13-year-old brother Slade, and the mother's fiance, Mark McKenzie.

Duncan pleaded guilty in Idaho state court to the murders at Coeur d'Alene.

See Also:
Duncan's Defense Team Wants Him Found Incompetent
Background:
The Trial of Joseph Edward Duncan

Forum:
Discuss The Duncan Case

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