Duncan reaffirms his opposition to appeal
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No Comments [ Add Comment ]By TODD DVORAK
The Associated Press
BOISE, Idaho -- A federal judge has dismissed an appeal notice filed on behalf of Joseph Edward Duncan III, after the killer said he did not want to challenge his conviction or death sentences.
U.S. District Judge Edward Lodge determined Monday that Duncan understands the consequences of waiving his constitutional right to have his case reviewed by appellate courts. He dismissed a notice of intent to appeal filed earlier this month by Duncan's standby lawyers, but reminded Duncan that he has until Nov. 28 to notify the 9th U.S. Circuit Court of Appeals if he changes his mind.
"You've been unequivocal in your desire that you do not want an appeal in this matter," Lodge said during Monday's hearing.
Duncan, 45, was given three death penalty sentences and three life terms in August for the 2005 kidnapping, sexual abuse and torture of 9-year-old Dylan Groene and his 8-year-old sister Shasta, as well as Dylan's murder.
Duncan has also been convicted and sentenced to six life terms in state court for the bloody rampage at the children's Coeur d'Alene home. After staking out the home, Duncan broke in and bludgeoned the children's older brother, Slade, 13, their mother, Brenda Groene, and her fiance, Mark McKenzie before whisking the children away to remote campsites in western Montana.
Last week, Duncan's legal team, serving in a standby role since he decided to represent himself, filed a routine notice of appeal with the district court. Duncan quickly sent the judge a letter stating he didn't want to appeal any part of his case. Federal prosecutors responded with a motion asking the judge to have the defense notice dismissed.
Lodge scheduled Monday's hearing to settle several issues, including whether Duncan gave his legal team permission to file the notice and to gage how serious he was about abandoning his right to appeal.
During repeated questioning by the judge, Duncan said he did not give lawyers permission to file the appeal notice.
"Do you want to appeal this matter or do you not?" judge Lodge asked.
"I do not," Duncan said.
Lodge also determined that Duncan is mentally competent to answer those questions, and that nothing had changed since Duncan was ruled mentally competent earlier this year to take part in the sentencing phase of his case.
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