Judge releases public defender's office in case of kidnap-slain Beaumont boy Special to the Valley News Thursday, October 15th, 2009. Issue 42, Volume 9. INDIO - A judge today released the Riverside County public defender's office from acting as standby counsel for a man facing a death sentence if convicted in the kidnap-slaying of a Beaumont boy. Joseph Edward Duncan III, 46, is representing himself against first-degree murder and other charges stemming from the 1997 death of 10-year-old Anthony Martinez, who was snatched from an alley in Beaumont by a knife-wielding assailant and was found dead weeks later in the Coachella Valley. Riverside County Superior Court Judge David Downing said he feels compelled to appoint attorneys to follow the proceedings, in case Duncan decides he wants a lawyer or his self-representation status is taken away. "The problem in this county is I don't know who is going to do it," said Downing, who added that he has consulted with death penalty judges in Los Angeles and San Diego counties. Downing said that Los Angeles County has a panel of standby attorneys who are available to step into self-representation death penalty cases if the need arises. "We don't have that here," Downing said. "We should and we don't." Assistant Public Defender Robert Willey told the judge that his office has never acted as standby counsel in a capital case. He said the court's criminal calendar would be backlogged in order to provide a public defender to spend time following the case. Willey added that because of Duncan's ideas on representing himself, any attorney stepping in would have to spend at least a month investigating the case. Duncan has stated previously that he will not cross-examine witnesses or present a defense because of his belief system. Duncan has said that he can only tell his "truth" by being silent in court. "I don't think Mr. Duncan is going to be changing his mind," Willey said. "The role of standby counsel in its model form is not accomplished here." In releasing the public defender's office, Downing said he will likely appoint at least one attorney and an investigator from a conflict panel with which the county contracts to take cases outside the scope of the public defender's office. Before the proceedings began, Duncan refused to identify himself to the court. "If you don't stop messing around with me, I'm going to jerk your pro per status," the judge told the defendant. In response, Duncan gave the judge two letters explaining why he would not identify himself. Deputy District Attorney Otis Sterling, who read the documents, said outside the courtroom that Duncan sought to clarify his beliefs about his self-representation. A Dec. 7 preliminary hearing is set to determine whether there is enough evidence to go to trial. If convicted, Duncan could face the death penalty. He has already been sentenced to death for the kidnapping, molestation and murder of a 9-year-old boy in Idaho. He was also sentenced to life terms for kidnapping and molesting Dylan Groene's 8-year-old sister, who survived, and for killing the children's 13-year-old brother, their mother and her fiance at the family's home. Duncan admitted he tortured and sexually abused the children over several weeks before shooting Dylan in the head at a remote Montana campsite while his sister watched. He was arrested in July 2005 after a waitress at a Coeur d'Alene restaurant recognized him and the kidnapped girl. Duncan was tied to the Indio case during questioning in Idaho. Partial fingerprints found on the duct tape that was used to bind Anthony were subsequently matched to Duncan, according to the prosecution. http://www.myvalleynews.com/story/41427/