Joseph E. Duncan - Murder of Anthony Martinez, 10 yo - 1997
DA and sheriff to announce major developments in 1997 Martinez murder The Desert Sun January 17, 2007 -------------------------------------------------------------------------------- Riverside District Attorney Rod Pacheco and Sheriff Bob Doyle will announce major developments in the 1997 murder of Beaumont youngster Anthony Martinez at a press conference at 10 a.m. Thursday at the Larson Justice Center, 46-200 Oasis St. in Indio. County investigators have been looking at Joseph Edward Duncan III, a convicted sex offender charged with killing four members of an Idaho family, as a suspect in the Martinez murder. Martinez was 10 years old when he was abducted at knife point from an alley behind his Beaumont home on April 4, 1997. His body was found, nude and bound, 15 days later under a pile of rocks on the road leading to Joshua Tree National Park. Duncan, in custody in Idaho, mentioned the Martinez murder to FBI investigators in 2005. A partial thumb print found near Martinez's body connected him to the killing. Riverside County Supervisor Marion Ashley and Beaumont Police Chief Frank Coe are also expected at the press conference. http://www.desertsunonline.com/apps/pbcs.dll/article?AID=/20070117/UPDATE02/70117040

Suspect charged with murder DA to seek death penalty for suspect involved in decade-old muder case The Desert Sun January 18, 2007 -------------------------------------------------------------------------------- Sheriff Bob Doyle and Riverside County District Attorney Rod Pacheco announced this morning that they will charge Joseph Edward Duncan III with murder and will seek the death penalty. This comes after more than a year of identifying Duncan as a suspect in a decade-old murder case. Anthony Martinez, 10, was abducted near his Beaumont home in 1997. His body was later found, nude and bound, buried under rocks north of Indio. For more than a year, Duncan, a convicted sex offender charged with the murder of four members of an Idaho family, has been the focus of the county's investigation into Martinez's murder. Check in with www.thedesertsun.com for more http://www.thedesertsun.com/apps/pbcs.dll/article?AID=200770118015

Jan 18, 2007 11:15 am US/Pacific Confessed Murderer Could Face Death Penalty (CBS) INDIO, Calif. A confessed child murderer in prison in Idaho, who is accused in the 1997 abduction and murder of 10-year-old Anthony Martinez of Beaumont, will face the death penalty if convicted, District Attorney Rod Pacheco said Thursday. Joseph Edward Duncan III has been a prime suspect in the case for more than a year since he was arrested in 2005 for kidnapping two children from their Idaho home and bludgeoning three members of their family to death. He later killed one of the children, a 9-year-old boy. To escape the death penalty in Idaho, he pleaded guilty and was imprisoned. However, other cases against him are still pending in Idaho, for which he could face death, authorities said. In the Riverside County case, Duncan will be charged Thursday with murder, lewd or lascivious acts on a child under 14 and torture. The special circumstances -- including committing the Idaho murders -- make Duncan eligible for the death penalty, Pacheco said. The D.A's office will seek Duncan's immediate extradition to California from Idaho, Pacheco said. Anthony was taken from near his Beaumont home on April 4, 1997. His nude body was found buried under rocks 15 days later on Berdoo Canyon Road, on the road to Joshua Tree National Monument -- some 90 miles from where he was snatched. A fingerprint found where Anthony's body was found allegedly matched Duncan's, authorities said. http://cbs2.com/topstories/local_story_018141803.html

Suspect Charged In Abduction, Killing Of Child In 1997 POSTED: 10:51 am PST January 18, 2007 UPDATED: 1:12 pm PST January 18, 2007 BEAUMONT, Calif. -- Nearly a decade after the nude body of 10-year-old Anthony Martinez of Beaumont was found buried under rocks near Joshua Tree, a confessed murderer imprisoned in Idaho will be charged in his murder, and prosecutors said Thursday they will seek the death penalty if he is convicted. However, the case against Joseph Edward Duncan III, 43, could be put on hold because federal authorities have also charged him with capital murder in another child abduction case. "While we can't bring Anthony back to you, we can bring his killer to justice," Sheriff Bob Doyle told Martinez's mother Diana Martinez, his father Ernesto Medina and his brother Marcos Medina at a news conference. The family stood alongside Doyle and District Attorney Rod Pacheco in front of the Larson Justice Center in Indio as they announced that Duncan will be charged Thursday with capital murder. Diana Martinez said her family thought for many years about whether they would want to see Anthony's killer face the death penalty. "We decided we would stand by whatever the D.A. decided, provided Joseph Duncan never see the light of day again," she said. Duncan has been a prime suspect in the case for more than a year since he was arrested in 2005 for kidnapping two children from their Idaho home and bludgeoning three members of their family to death. He later killed one of the children, a 9-year-old boy. The local murder charge against Duncan will include special circumstances of kidnapping, lewd or lascivious acts on a child under 14, torture and prior convictions for murder in Idaho, making Duncan eligible for the death penalty. Duncan, who admitted to killing Brenda Groene, 40, Mark McKenzie, 37, and Slade Groene, 13, has been imprisoned in the Idaho Maximum Security Institution near Boise since pleading guilty to three first-degree murder in October. Duncan also faces federal charges related to the kidnapping of Shasta Groene and her brother Dylan from their home -- Duncan allegedly later killed 9-year-old Dylan at a campsite in Montana. Federal prosecutors have said they also plan to seek the death penalty in that case. On Jan. 16, federal prosecutors filed a charge against Duncan for illegally driving a stolen Jeep across state lines. The charges were seen as a move to keep San Diego prosecutors from extraditing Duncan to California while federal authorities prepared their case for a grand jury. Federal investigators say Duncan rented the vehicle from a rental agency in Minnesota and never returned it. Pacheco said his office will do everything possible to bring Duncan to justice in California, including asking Gov. Arnold Schwarzenegger to appeal directly to Idaho Gov. C.L. "Butch" Otter to allow Duncan to be extradited, he said. A plea agreement reached in Idaho resulted in three consecutive life sentences without the possibility of parole and called for Duncan to cooperate with state and feral authorities, including helping them unlock coded files in his computer that may hold additional evidence. Pacheco said prosecutors weighed the nature of the violence and the vulnerability of the victim in their decision to pursue the death penalty. He called the decision "inescapable." "There won't be a plea agreement here in Riverside County," he said. Anthony Martinez was taken from near his Beaumont home on April 4, 1997. His nude body was found bound and buried under rocks 15 days later on Berdoo Canyon Road, on the road to Joshua Tree National Monument, about 90 miles from where he was snatched. A fingerprint found at the scene allegedly belonged to Duncan. Since then, the D.A.'s office has been compiling more evidence linking Duncan to the crime. "Sometimes," Pacheco told the family, "justice comes later than we would hope, but justice comes nonetheless." Anthony Martinez Missing Web site http://www.pollyklaas.org/missing/kids/page.jsp?itemID=27067284 http://www.nbc4.tv/news/10784993/detail.html?rss=la&psp=news#

Jan 23, 2007 1:30 pm US/Eastern Death Sought In Abduction Of 2 Kids, Death Of 1 (AP) BOISE, Idaho A man accused of kidnapping two Idaho children, killing one of them, after slaying their family has confessed to the killings of three other children a decade ago in Washington state and California, federal prosecutors said Tuesday. The prosecutors cited the confessions to the old killings in court papers saying that intended to seek the death penalty against Joseph Edward Duncan III, who was indicted last week on charges involving the two northern Idaho children. "The defendant has engaged in a continuing pattern of violence, attempted violence, and threatened violence," prosecutors said. Duncan "is likely to commit criminal acts of violence in the future that would constitute a continuing and serious threat to the lives and safety of others." Roger Peven, Duncan's attorney, said he had not yet seen the filing and could not immediately comment on it. Duncan is accused of kidnapping Dylan Groene, 9, and his sister Shasta, then 8, in May 2005, and taking them to the mountains of Montana, where prosecutors say he sexually abused them for weeks before killing Dylan. Duncan was arrested July 2, 2005, when he and Shasta were spotted at a Coeur d'Alene restaurant. The boy's body was found days later at a remote campsite. The U.S. attorney's office said Duncan confessed that he killed Carmen Cubias, 9, and Sammiejo White, 11, in Washington state in 1996 and Anthony Martinez, 10, in California in 1997. Officials did not specify to whom Duncan made the confession. The two girls were kidnapped from the Crest Motel in Seattle in July 1996. Their skeletal remains were found 17 months later in Bothell, a Seattle suburb. Anthony was forced into a car in Beaumont, Calif., in April 1997 as his friends looked on. Sixteen days later a forest ranger found the boy's nude, bound body about 70 miles to the east. Last October, Duncan pleaded guilty in Idaho state court to first-degree murder and kidnapping for the May 16, 2005, hammer slayings of Dylan and Shasta's mother, Brenda Groene; her fiance, Mark McKenzie; and Groene's 13-year-old son, Slade. Prosecutors say he killed them to get the younger children. If federal prosecutors fail to win a death sentence in the case involving the two younger children, a jury will be chosen in Idaho state court to consider whether to impose the death penalty on the murder counts that Duncan pleaded guilty to in October. Duncan was charged Thursday in a California state court in Anthony's death. Prosecutors there said they also intend to seek the death penalty. Duncan is a Tacoma, Wash., native who spent most of his adult life in Washington state prisons for sexual crimes against children. In 2004, he had been arrested for allegedly molesting a 6-year-old boy and attempting to molest another boy in Detroit Lakes, Minn. Authorities say he jumped bail on that charge. http://cbs3.com/topstories/topstories_story_023133635.html

Friday, February 9, 2007 Schwarzenegger demands Duncan be sent to his state statesman staff - Idaho Statesman Edition Date: 02/09/07 California Gov. Arnold Schwarzenegger on Thursday demanded that convicted killer Joseph Edward Duncan III be shipped to his state to be tried for the 1997 slaying of a 10-year-old boy. But federal prosecutors in Boise said they expect to complete their prosecution of Duncan first. They have charged Duncan with kidnapping and related counts in the 2005 abduction-slaying of a young Idaho boy and the abduction of his sister. They plan to seek the death penalty. Bill Maile, spokesman for Schwarzenegger, said the request was also sent to Gov. Butch Otter. "Public safety is Gov. Schwarzenegger's highest priority, and he believes justice must be served in this case," Maile said. U.S. Attorney Tom Moss in Boise charged Duncan last month with 10 felony counts, including kidnapping resulting in the torture and sex slaying of 9-year-old Dylan Groene. Duncan is also charged with kidnapping Shasta Groene, then 8 years old. Moss's office says it expects Duncan to remain in Idaho, despite Schwarzenegger's demand. "We believe we have custody," said Jean McNeil, a Moss spokeswoman. "This is a state-to-state matter. It will go through the governor's office, and the attorney general's office, and we are out of the loop." A spokesman for Otter said the governor would likely leave the decision to law enforcement in Idaho. http://www.idahostatesman.com/102/story/70727.html

CA governor wants Duncan; feds say he'll stay in Idaho Feb 8, 2007 By JOHN MILLER Associated Press Writer BOISE, Idaho (AP) -- California Gov. Arnold Schwarzenegger on Thursday demanded that convicted killer Joseph Edward Duncan III be shipped to his state to be tried for the 1997 slaying of a 10-year-old boy but federal prosecutors here said they expect to complete their prosecution of Duncan first. Federal prosecutors have charged Duncan with kidnapping and related counts in the 2005 abduction-slaying of a young Idaho boy and the abduction of his sister and plan to seek the death penalty if he is convicted. Schwarzenegger's office faxed The Associated Press a copy of the governor's extradition request Thursday evening. Bill Maile, spokesman for Schwarzenegger, said the request was also sent to Idaho Gov. C.L. "Butch" Otter. "Public safety is Gov. Schwarzenegger's highest priority, and he believes justice must be served in this case," Maile said. U.S. Attorney Tom Moss in Boise charged Duncan last month with 10 felony counts, including kidnapping resulting in the torture and sex slaying of 9-year-old Dylan Groene. Duncan is also charged with kidnapping Shasta Groene, then 8 years old. She was the lone survivor of a 2005 attack on her Coeur d'Alene-area home. The little girl was rescued July 2, 2005 at a Coeur d'Alene restaurant where Duncan was arrested. Moss's office says it expects Duncan to remain in Idaho, despite Schwarzenegger's demand. "We believe we have custody," said Jean McNeil, a Moss spokeswoman. "This is a state-to-state matter. It will go through the governor's office, and the attorney general's office, and we are out of the loop." Jon Hanian, an Otter spokesman, said late Thursday that Otter had yet to see the request. Otter will likely defer to law enforcement in Idaho, including the U.S. attorney, on where Duncan should be prosecuted first, Hanian said. On April 4, 1997, Anthony Martinez was forced into a white car in Beaumont, Calif. Sixteen days later, a forest ranger found the boy's nude, bound body about 70 miles to the east. The slaying remained unsolved until Duncan's 2005 arrest, after which California investigators found Duncan's partial fingerprint on duct tape used to bind the boy. Last October, Duncan pleaded guilty in Idaho's 1st District Court to first-degree murder and kidnapping charges for three slayings at the Coeur d'Alene home. Brenda Groene, her fiance, Mark McKenzie, and Groene's 13-year-old son, Slade Groene, were bludgeoned to death with a hammer during the May 16, 2005, attack. Brenda Groene was also the mother of the two abducted children. A state judge sentenced Duncan to life in prison without parole for the kidnappings, but sentencing on the murder counts was deferred while the federal government prepared its charges against Duncan. Duncan, who has spent much of his life behind bars following his 1980 conviction for raping a 14-year-old boy in Tacoma, Wash., at the point of a stolen gun, is also suspected of killing Carmen Cubias, 9, and Sammiejo White, 11, in Washington state in July 1996 while he was out of prison on parole. Federal prosecutors say Duncan has acknowledged the Washington and California slayings, though Seattle-area law enforcement agents contend his statements in those cases made to FBI agents stopped short of a confession. Duncan was charged in Riverside County in the Martinez slaying last month. Prosecutors in that case also intend to seek the death penalty. Rod Pacheco, Riverside County's district attorney, told the AP he wants to prosecute Duncan before his decade-old case is further extended by a potentially lengthy federal prosecution. A federal trial has been set for March 20, but Duncan's lawyers say they'll ask for an extension. "We're ready to go," Pacheco said. "What I think is a dramatic distinction between their case and ours, ours is 10 years old. It's going to make it even more difficult to hold him accountable. If you wait for the U.S. attorney's office, it's a few more years." http://www.columbian.com/news/state/APStories/AP02092007news102306.cfm

Idaho Child Killer to Face Trial in Murder of Anthony Martinez KTLA News January 23, 2009 RIVERSIDE -- A convicted child killer sentenced to death in Idaho is back in Southern California to face trial in the abduction and murder of Anthony Martinez. Joseph Edward Duncan III. was convicted in the torture and murder of 9-year old Dylan Groene, and the kidnapping of his 8-year old sister Shasta. Duncan also killed the children's mother, older brother and his mother's fiance during the kidnapping. He took Dylan and the boy's then-8-year-old sister, Shasta, to a remote western Montana campsite where he raped, tortured and threatened them before shooting Dylan in the head and burning his body. Jurors in Idaho viewed horrifying video Duncan made of him sexually abusing, torturing and hanging Dylan until the boy lost consciousness. Duncan was arrested and Shasta rescued weeks after the kidnappings when a waitress at a Denny's in Coeur d'Alene called police after recognizing the two as they ate. Duncan has told investigators he killed two half-sisters from Seattle in 1996, and he is charged with killing a young boy in Riverside County in 1997. 10-year old Anthony Martinez was playing with his brother and other children in an alley behind his Beaumont home when he was kidnapped by a knife-wielding man. The boy's bound, nude body was found 15 days later in a remote arroyo north of Indio. According to court documents, Duncan has confessed to killing Anthony and using a rock to crush the boy's head. Anthony's stepfather, Ernesto Medina, told the jury about the day his 10-year-old boy disappeared, April 4, 1997. Medina said he was in his apartment with his wife, mother-in-law and 4-year-old daughter when he heard other children outside screaming "A man's got Tony! A man's got Tony!" Medina called 911, then jumped in his car and began searching the neighborhood, thinking the abductor was on foot. Vultures in a remote part of a canyon led authorities to the little boy's body, bound with duct tape and partially buried under a pile of rocks. The boys who had been playing with Tony Martinez before his abduction reported that a man in a white car had offered them a dollar each to help him find his lost cat. After looking for a time they approached the car to get their money, and that's when the man grabbed Tony. Sotka said Duncan told him he bludgeoned the boy with a rock that he found at the scene and wasn't sure whether the child was dead when he left him in the desert, but knew the wound was fatal. Duncan also said he taped the boy's mouth shut to stop him from crying out. Authorities matched a partial fingerprint found on a roll of the duct tape near the body with Duncan's thumbprint, Richard Kinney, a fingerprint expert with the California attorney general's office, told the jury. http://www.ktla.com/landing/?blockID=42900&feedID=171

Jan 26, 2009 8:28 pm US/Pacific Duncan Pleads Not Guilty To Murdering Beaumont Boy INDIO, Calif. (AP) ― A man convicted of a deadly attack on an Idaho family has been arraigned on a separate charge of murdering a 10-year old California boy in 1997. A Riverside County district attorney's office spokesman said a not guilty plea was entered on Monday for Joseph Edward Duncan III by Judge David B. Downing. Duncan was brought to California on Friday from death row in Indiana to face the charge of killing 10-year old Anthony Martinez. Prosecutors allege Duncan left a fingerprint on the duct tape that was used to bind Anthony, who was abducted by a knife-wielding assailant while playing with friends in an alley behind his family's Beaumont apartment on April 4, 1997. Martinez was found April 19, 1997, on Berdoo Canyon Road, south of Joshua Tree National Monument, in Indio -- 90 miles east of where he was taken two weeks earlier. Duncan was charged with the boy's murder in 2007. District Attorney Rod Pacheco has said he is confident Duncan will be convicted of murder, saying there is forensic evidence and witness testimony from Riverside County, as well as evidence in Idaho that links him to the slaying. Duncan was sentenced to death last August by a federal judge in Boise, Idaho, for murdering 9-year-old Dylan Groene. In May 2005, Duncan killed the child's brother, mother and her fiance and kidnapped Dylan and his 8-year-old sister. He tortured and sexually abused the siblings over several weeks before shooting the boy in the head while his sister watched. He faces multiple life sentences for the latter three killings. Duncan was arrested after a waitress at a Denny's restaurant recognized him and the kidnapped younger sister. Law enforcement agencies nationwide have since been investigating whether the drifter and high school dropout, whose first sex offense was committed when he was 12 years old, could be tied to other cases. http://cbs2.com/local/SoCal.murder.Duncan.2.918380.html

Feb 4, 2009 12:45 am US/Pacific Judge: Man Should Stand Trial In Boy's 1997 Death INDIO, Calif. (AP) ― Joseph Duncan III was sentenced to death in August by a federal court judge in Boise, Idaho, for murdering 9-year-old Dylan Groene. He's on trial on another murder in Riverside County. A judge has ruled that a man charged with murdering a 10-year-old Beaumont boy in 1997 should stand trial. The ruling came after Tuesday's hearing on whether Joseph Edward Duncan III should be tried for the kidnapping, torture and murder of Anthony Martinez in 1997. He faces the death penalty if convicted in Riverside County. Duncan was convicted of killing four members of an Idaho family in 2005. He was sentenced to three death sentences and six life terms. Defense attorneys had claimed that Duncan should not be tried again in Riverside County because federal prosecutors used Anthony's death in the previous case to argue that he had a history of crime and violence. They filed a motion stating that trying Duncan in California would be double-jeopardy. http://cbs2.com/local/jospeh.Edward.duncan.2.926325.html

Judge doubts suspect's competency in 1997 murder case 11:48 PM PDT on Friday, March 13, 2009 By JOHN ASBURY The Press-Enterprise A Riverside County judge suspended criminal proceedings Friday against a man accused in a Beaumont boy's 1997 death, saying he doubts the man is competent to stand trial. Judge David B. Downing said "there is significant evidence" to show Joseph Edward Duncan III has a mental disorder and may not be able to understand proceedings against him. Duncan is charged with capital murder in the slaying of 10-year-old Anthony Martinez, of Beaumont, who was kidnapped, tortured and killed in April 1997. During a hearing in Indio on Friday, with Anthony's family in attendance, the judge said he will appoint two psychiatrists at a March 30 hearing to conduct further mental evaluations. In order to stand trial, Duncan must be able to understand court proceedings and consequences and be able to communicate with attorneys, Downing said. The judge said Duncan's mental competency could be decided by a jury if additional reports find Duncan incompetent. Downing had said previously that he wanted to see a trial begin by January, but wasn't sure how Friday's decision would affect that timeline. Duncan has already been convicted of murdering four members of an Idaho family, and was given three death sentences and six life terms in prison. A federal court declared Duncan competent three times in the Idaho case. However, Riverside County Superior Court is not beholden to the federal rulings, and must make its own determination about whether Duncan can stand trial in Anthony's death, Downing said. The boy was playing in his Beaumont neighborhood when he was abducted at knifepoint. His nude body was found 15 days later south of Joshua Tree National Park, near Indio. Duncan was charged after federal officials say he confessed to Anthony's death in 2005. Evidence of incompetence In deciding on Duncan's competency, Downing weighed psychiatric reports conducted in Idaho last year against a brief from the prosecution that aimed to show Duncan was aware of what he was doing. The doctors' reports said Duncan suffered from several mental disorders and was incompetent to stand trial or represent himself. Riverside County prosecutors argued that the evaluations were outdated. "The reports show substantial evidence of incompetence. I therefore must suspend criminal proceedings in order to follow the law," Downing said Friday. "I don't like what I'm doing, but this is not the end, this is the only beginning." Duncan is undergoing the competency hearing in Riverside County because he has asked to represent himself. The court appointed two public defenders to represent him until his competency is decided. Duncan has said he will refuse to cooperate with any further mental assessments. Riverside County Deputy District Attorney Otis Sterling said he is confident Duncan is competent. "We're a long way from Mr. Duncan being declared incompetent," Sterling said. Downing said that regardless of his rulings, both the Idaho case and the Riverside County case will likely be left in the hands of a federal appeals court. "I can guarantee this case and the case in Idaho will end up before the U.S. 9th Circuit Court of Appeals in the next 15 years," he said. Defense attorneys have already appealed the Idaho case to the 9th Circuit. CONTRASTING PORTRAITS Downing said the reports he reviewed from psychiatrists and Idaho police showed two profiles of Duncan. According to a brief filed by Riverside County prosecutors, Duncan told an Idaho detective that he went to the Idaho home at 2 a.m. with zip ties, duct tape and night vision goggles. There, he killed three people and abducted two children, one of whom he later killed. "It showed his brain was working," Downing said. "It showed he can plan and pull this off." He also called it one of the worst murders he had seen in 30 years on the bench. However, when Duncan was interviewed by psychiatrists, they saw a different man, Downing said. Doctors' reports showed "severe psychosis, with elaborate delusions that impairs reality and judgment." Doctors said Duncan suffered from moderate to severe brain damage, hyper-religious paranoia and grandiose delusions. Sterling, the prosecutor, said in court Friday that those doctor's reports were designed only to assess Duncan's ability to represent himself, not to stand trial. Representing yourself requires a higher degree of mental competency. Sterling said Duncan has shown he is able to intelligently participate in previous hearings in Indio. Reach John Asbury at 951-763-3451or jasbury@PE.com http://www.pe.com/localnews/inland/stories/PE_News_Local_S_duncan14.47d22db.html

Hearing is set to determine if confessed child killer is competent to stand trial Special to the Valley News Friday, April 10th, 2009. Issue 15, Volume 9. INDIO - Defense lawyers are expected to recommend a doctor today to help determine whether a confessed child killer is mentally competent to stand trial in a case in which is he accused of kidnapping and murdering a 10-year-old Beaumont boy. Joseph Edward Duncan III, 45, is accused in the kidnap-slaying of Anthony Martinez, whose nude body was found April 19, 1997, south of Joshua Tree National Monument in Indio, two weeks after he went missing from a neighbor's yard in Beaumont. Duncan, who has asked to represent himself in the case, is scheduled to appear in court this afternoon for the hearing. Riverside County Superior Court Judge David B. Downing suspended all proceedings on March 13 because he had a doubt of Duncan's mental state after reading through doctor's reports from a federal trial in Idaho last year for the murder of four people. Downing appointed clinical psychologist Craig C. Rath to evaluate Duncan, but the defense asked for more time to find a psychiatrist outside of Riverside County. The judge issued a tentative ruling on Feb. 3 that Duncan was mentally competent to stand trial, but said he was unsure if the defendant was mentally fit to represent himself. Duncan, who usually keeps his eyes closed during proceedings until asked a direct question, said previously he will not cooperate with any "state appointed doctors'' if proceedings were suspended. Since then, he has agreed to his defense team's request for more time to find a doctor to examine him. Defense attorneys appointed to represent Duncan have expressed concern that Duncan is not competent to stand trial or defend himself. Prosecutors, who are seeking the death penalty for Duncan, believe he is competent and should be allowed to defend himself. Duncan represented himself at a the federal trial in Idaho. A federal judge found Duncan competent to undergo sentencing and represent himself. Duncan has already received three death sentences and six life terms in Idaho for killing a 13-year-old boy, his mother and her fiance, and kidnapping a 9-year-old boy and his 8-year-old sister. He tortured and sexually abused the siblings over several weeks before shooting the boy in the head at a remote Montana campsite while his sister watched. Duncan was arrested in July 2005 after a waitress at a Denny's restaurant in Coeur d'Alene recognized him and the kidnapped girl. The Beaumont boy's name surfaced during questioning in Idaho. Partial fingerprints were found on the duct tape that was used to bind Anthony and were matched to Duncan, according to the prosecution. Duncan is being held without bail at the Indio Jail. http://www.myvalleynews.com/story/37032/

Judge to consider Monday whether to bar media and public from mental competency trial for accused murderer 10-year-old boy; previously convicted for murder, torture, sexual abuse Staff Writer Saturday, August 1st, 2009. Issue 31, Volume 9. Story Last Updated : 29 hours ago. INDIO - A judge on Monday will consider whether to bar the media and public from a mental competency trial that will determine if a man accused of murdering a 10-year-old Beaumont boy is mentally fit to stand trial. Joseph Edward Duncan III, 45, has asked to represent himself on charges stemming from the kidnap-slaying of Anthony Martinez, whose body was found south of Joshua Tree National Monument in Indio on April 19, 1997 -- two weeks after he went missing from a neighbor's yard in Beaumont. Duncan's defense team filed a motion on July 22 to close the competency hearing to the public. According to the defense, psychiatric health information is presumed to be private and California courts have upheld that right. "Mass publication of competency proceedings carries the devastating potential for the public to learn of and pre-judge the nature of the defendant's mental condition,'' the motion states. The defense also argues that media coverage can bias a potential jury pool. "There is no other way to protect the defendant's right to a fair and reliable penalty phase, and to ensure the trial will occur in front of the citizenry who are interested, than to close the competency trial to the public,'' the motion states. Prosecutors oppose the motion, according to Michael Jeandron of the Riverside County District Attorney's Office. "We are not opposed to allowing the public to view this proceeding,'' Jeandron said. "It should be open to the public, just as any other proceeding would be.'' Jury selection is scheduled to begin next week, with witness testimony from doctors and psychologists who have examined Duncan slated to begin on Aug. 10. Riverside County Superior Court Judge David B. Downing suspended criminal proceedings in March when he expressed doubts about Duncan's mental competency after reading through doctors' reports from the defendant's federal trial last year in Idaho, where he was prosecuted for the murders of four people, including two children. Downing issued a tentative ruling on Feb. 3 that Duncan was fit to stand trial, but said then he was unsure if the defendant should represent himself. Downing also issued a ruling early on in the case that all documents about Duncan's mental state were to be sealed. Duncan's defense team maintains he is not competent to stand trial or defend himself. Prosecutors, who are seeking the death penalty, believe he is competent and should be allowed to defend himself. Duncan represented himself at his federal trial in Idaho. Duncan received three death sentences and six life terms in Idaho for killing a 13-year-old boy, his mother and her fiance, and kidnapping a 9-year-old boy and his 8-year-old sister. He admitted he tortured and sexually abused the siblings over several weeks before shooting the boy in the head at a remote Montana campsite while his sister watched. Duncan was arrested in July 2005 after a waitress at a Denny's restaurant in Coeur d'Alene recognized him and the kidnapped girl. The Beaumont boy's name surfaced during questioning in Idaho. Partial fingerprints were found on the duct tape that was used to bind Anthony and were matched to Duncan, according to the prosecution. Duncan is being held without bail at the Indio Jail. PREVIOUS STORY INDIO - The Idaho father of a 9-year-old boy who was sexually abused and killed by a man on trial in Riverside County for the murder of a Beaumont boy expressed concern today that the local trial might delay the convicted child killer's execution. Steve Groene, who is the father of a boy and girl who were kidnapped by 45-year-old Joseph Edward Duncan III in 2005, said outside an Indio courtroom that he came to Riverside County to show his support for the family of Anthony Martinez, whose body was found April 19, 1997, in Indio. However, Riverside authorities are trying to determine whether Duncan, who has already been sentenced to death for his other crimes, is mentally competent to stand trial here. If he is found incompetent, that could raise questions as to whether he is sane enough to be executed. "I believe this guy deserves death,'' said Groene, who suffers from throat cancer and spoke through an Electrolarynx voice box. "I wish that we could kill him for every kid that he has ever harmed or touched, but unfortunately you can only kill someone once.'' Duncan has already been sentenced to three death sentences and six life terms in Idaho for killing a 13-year-old boy, his mother and her fiance, and kidnapping 9-year-old Dylan Groene and his 8-year-old sister Shasta. He tortured and sexually abused the siblings over several weeks before shooting Dylan in the head at a remote Montana campsite while his sister watched. Groene, who missed a court hearing today for Duncan because of car trouble, said Duncan told Shasta during her captivity that he killed Anthony Martinez. "I basically knew about it right away,'' Groene said. ``That's one of the first things I believe my daughter said when they started interviewing her was that Duncan had admitted to some other murders. I guess he elaborated about Anthony's death.'' He also told the girl about the deaths of other children, Groene said. "I would not be surprised if this guy was one of the biggest mass murderers in history,'' Groene said. "And I do not think he's being truthful about that he's divulged everything with the authorities. I'll never believe that. I think that guy's probably killed a kid in every town he's been in, if not multiple children.'' Groene said he understood why Anthony's family wants justice, but believes that closure will only come when Duncan is dead. "I actually just came to try to give my support for Anthony's family as much as I could and to maybe explain to them what my feelings are in this trial,'' Groene said. "I want them to have as much closure as they deserve, but realistically I don't think anyone is going to have any closure until we wipe this guy off this planet.'' Groene said he believes Duncan will not be executed in California. "He's never going to be put to death in California,'' Groene said. "He's never going to spend any time here other than a little vacation he's on from his little super max cell that he spends 24 hours a day in Indiana. "Unfortunately, and nothing against Anthony's family, I appreciate the fact that they want to see justice in their case, but ultimately it's not going to change any outcome. He's going to be put to death somewhere else for another matter. "The only problem with down here is that if in fact this trial would complicate the federal authorities in setting a date and executing him in our trial. I don't want this guy to live any longer than he already has.'' The U.S. Attorney's Office has not announced whether it will take the California case into consideration before it sets an execution date, according to Deputy Public Defender Richard Verlato, who was temporarily appointed to represent Duncan in Indio. Whether Duncan is mentally fit to stand trial is under scrutiny in the Indio case. Riverside County Superior Court Judge David Downing suspended all proceedings in March and appointed two psychologists to evaluate Duncan. If Duncan is found mentally unfit in Indio, Verlato said it is possible that ruling could have an impact on the federal appeals case. "I would think that findings such as that would have some bearing on the issues of the federal appeal,'' Verlato said. "My understanding is that he did not get an actual trial on the issue of competency in the federal case.'' A trial to determine if Duncan is mentally fit to stand trial for the murder of Anthony Martinez is set for Aug. 10. The federal authorities could take Duncan into federal jurisdiction at any time for his execution, Verlato said. "Until the feds speak and tell us what their intention is ... my concern is this case,'' Verlato said. Groene's main concern is that he lives long enough to see Duncan's execution. "I plan to sit in the front row,'' he said. http://www.myvalleynews.com/story/39673/

August 29, 2009 in City Jury OKs Duncan trial Conviction for killing boy in 1997 could yield another death penalty INDIO, CALIF. – An Indio jury has found Joseph Edward Duncan III competent to stand trial in the 1997 kidnapping and killing of a 10-year-old boy. The jury deliberated for less than three hours before making its decision Friday. Duncan can now stand trial on death penalty charges that he kidnapped, molested and tortured Anthony Martinez after abducting the boy from behind his Beaumont, Calif., home April 4, 1997. During the trial, four psychologists and psychiatrists called by the defense described Duncan as psychotic and delusional and unable to assist his attorneys. Two psychologists called by the prosecution said Duncan was not mentally ill and was competent to stand trial. “Now we can focus on the present case at hand,” Deputy District Attorney Otis Sterling said outside the courtroom. During the trial, a Kootenai County detective detailed Duncan’s calculated measures to plot to kill a family in Idaho in 2005. The prosecution said that showed rational thought and awareness of his actions. Duncan has already been ordered to three federal death sentences for the kidnapping, torture, sexual assault and murder of Dylan Groene, 9, in 2005. He has nine life terms for the murders of Brenda Groene, Mark McKenzie and Groene’s 13-year-old son, Slade, in their Wolf Lodge Bay home east of Coeur d’Alene, and for the abduction and abuse of Shasta Groene, 8. Duncan kept Shasta and Dylan captive in a remote Montana cabin before killing the boy. He was arrested in 2005. The girl survived. Duncan’s court-appointed public defender Richard Verlato said he will file a motion for a new trial. “I know he’s unable to assist his attorneys. It was just a question of if the jury would see it in this case,” Verlato said. During the proceedings, Duncan refused to speak to his attorneys or sign medical and legal waivers, Verlato said. Duncan has requested to represent himself at trial, but whether he’ll be allowed to do so has not been determined by the court. Duncan has confessed to all of his crimes, including Anthony Martinez’s murder. He has told experts he wants to plead guilty. He has taken responsibility for his crimes, but not shown remorse and said he wouldn’t do anything in his life differently, according to testimony. Two hours before the verdict was read, Duncan said in a jailhouse interview that his story was not news and that his beliefs and statements have been misinterpreted in court and in the media. “This story’s already been told by people far more articulate than me,” Duncan said Friday. “It’s not a new story, it’s an old story, it’s an ancient story that’s been told hundreds of times.” Clean-shaven and smiling while wearing an orange jail-uniform in the Indio Jail, Duncan answered a jail telephone. He spoke for about 10 minutes and shook his head when asked if he wanted to tell his story. “If people want answers, they can’t be put into words,” Duncan said. “They have to look inside themselves, because that’s where the true answers are. That’s where I’ve found answers.” http://www.spokesman.com/stories/2009/aug/29/jury-oks-duncan-trial/

Child murder suspect remains silent 12:35 PM PDT on Friday, September 25, 2009 By JOHN ASBURY The Press-Enterprise INDIO -- On his first day acting as his own attorney Friday, Joseph Edward Duncan III refused to answer a judge's question. Facing trial in the 1997 death of 10-year-old Anthony Martinez of Beaumont, Duncan was granted the request Monday to represent himself. Friday's hearing in the death penalty case was intended to settle a question of if the Riverside County public defender's office needed to remain as standby council after being relieved as Duncan's attorney. A decision on that matter was postponed, but Duncan sat in the jury box of an Indio courtroom Friday with closely-shorn hair in an orange jail uniform and a bulletproof vest. He sat with his eyes closed, as he usually does, until the judge addressed him. Judge David B. Downing called on the prosecutor and Duncan to announce their presence in court for the record. Duncan didn't answer. "Mr. Duncan you don't have lawyers anymore. TO represent yourself you have to announce you're present," Downing said. "I prefer to be silent," Duncan answered. "Stop messing around or I'm going to jerk your pro-per status," Downing said. "You have to do it this way. I don't care whether you like it or not." "It goes against my philosophy," Duncan said. "I don't care about your philosophy. I could care less. You're going to do it my way," Downing said. After the judge explained that the hearing couldn't start until Duncan announced his presence, Duncan eventually said, "I'm Joseph Duncan, pro-per," but not before calling the process "ritualistic" and against his beliefs. "I have no intention to act as my own attorney," Duncan said later. "I don't want to make this difficult for you. I know it's difficult just having me here." "You no idea Mr. Duncan, but go ahead," Downing said "I've been accused of a crime in this society and I want to stand before my accusers and be honest," Duncan said. "I should not have to be a lawyer." Duncan's court-appointed public defender Richard Verlato sat in the audience of the courtroom. He said he had not found any requirement the public defender's office was required to act as Duncan's consulting stand-by counsel, but what consult with lead public defender officials. Downing said the law may not force the public defender's office to remain on the case, but that he didn't want to leave Duncan without any representation. He said he would consult with the Riverside County presiding judge on what options and other attorneys would be available. Duncan said he would like to allow attorneys to procedurally try the case, but it was a "struggle" with his beliefs. He said he would like to choose a pro-death jury. "I would rather be killed by someone with a confident decision that is sure this is right, rather than someone who's not sure this is the right decision." "If I do what the system dictates, it's an evolved form of religion...," Duncan said. "They want me to bow down before this religion and false god. I can't do that. That's where I draw the line." http://www.pe.com/localnews/inland/stories/PE_News_Local_S_webduncan25.22632fa.html