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Appellate Court Throws Out Death Sentences for Killer of Anthony Martinez
Banning-Beaumont Patch ^ | July 11, 2011 | By Cindy Rhodes

Posted on 07/12/2011 8:06:31 AM PDT by granite

The U.S. Ninth Circuit Court of Appeals has overturned federal death sentences imposed on a child killer whose victims included a 10-year-old Beaumont boy, questioning the defendant's mental competence.

Joseph Edward Duncan, III, 48, was convicted in August 2008 of murdering an Idaho family, two of whose members – both children – he abducted and used as sex slaves for weeks before one was rescued.

Eleven years earlier, Duncan abducted, raped and killed Anthony Martinez from his Beaumont neighborhood after luring the youngster to his car with the promise of money for helping him find his lost cat.

Anthony's remains were located on Bureau of Land Management land east of Indio.

Like the Idaho crimes, Duncan admitted killing Anthony, and as part of a plea agreement reached earlier this year with the Riverside County District Attorney's Office. Duncan was sentenced to life in prison without the possibility of parole for the child's death.

District Attorney Paul Zellerbach, a former judge, explained during a March news conference that he didn't feel pursuing the death penalty in California would be worth it because Duncan had already received three death sentences stemming from the murders of the Idaho family.

In that case, Duncan broke into the Coeur d'Alene residence of Brenda Groene and her fiancee, Mark McKenzie, in the middle of the night on May 16, 2005. He bound the man and woman at gunpoint, then fatally beat them with a hammer.

He killed Brenda's 13-year-old son Slade in the same manner, then carried off 8-year-old Shasta Groene and her brother, Dylan. The defendant later confessed to spending days planning the crimes.

For several weeks, Duncan imprisoned the children at a remote campsite, sexually abusing and torturing them – acts he videotaped. Dylan was taken aside at some point and shot in the head, according to federal investigators.

Duncan kept Shasta with him. The missing girl and her brother's pictures were broadcast on television, and after she was spotted in a Denny's restaurant with Duncan, police were summoned and arrested him.

At his federal trial in Boise, Idaho, Duncan confessed to all the murders and special circumstance allegations. Before his penalty trial got under way, the previously convicted child rapist insisted on representing himself. His attorneys objected that he wasn't mentally competent and asked for a competency hearing.

Three psychologists retained by the defense raised doubts about Duncan's ability to comprehend the legal process. However, two state-appointed psychologists found that the defendant was not delusional and “could understand the nature and consequences of the proceedings against him,” according to the Ninth Circuit's findings.

The trial judge allowed Duncan to represent himself, and he offered no defense, resulting in unanimous jury recommendations that he be executed for the Idaho killings.

He had already pleaded guilty in Idaho state court and was sentenced to multiple life prison terms. Prosecutors in Kootenai County, Idaho, have reserved the right to conduct a penalty trial, leaving open the possibility that Duncan could yet face capital punishment at the state level.

According to the Ninth Circuit's ruling, there was sufficient basis for the judge who presided in the federal case to order a competency trial for Duncan before the penalty phase of his murder trial began.

The panel quoted the defense's experts, who referred to Duncan's bizarre ramblings about religion and his way of life as evidence of “delusional beliefs, paranoia, grandiosity and psychotic breaks from reality.”

The appellate court also pointed out that a magnetic resonance imaging study showed the defendant had an ``unusual brain structure consistent with behavioral deficits in the ability to make rational plans and modulate emotions.''

The Ninth Circuit remanded the case back to the trial court for a review of whether Duncan is competent. If there's a finding that he isn't, the previous death sentences must be vacated and a new penalty trial held.

CNS contributed to this story.

Related Topics: Anthony Martinez, Death Penalty, Kidnapping, and Ninth Circuit Court of Appeals


TOPICS: Crime/Corruption; Front Page News
KEYWORDS: ninthcircus
The Ninth Circuit Court of Appeals questioned the mental competence of Joseph Edward Duncan, III, who admitted to killing the 10-year-old Beaumont boy in 1997.
1 posted on 07/12/2011 8:06:35 AM PDT by granite
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To: granite

Who’s crazier, the court or this murdering loon?


2 posted on 07/12/2011 8:10:49 AM PDT by HiTech RedNeck (Hawk)
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To: granite

It certainly stands to reason that the mental defectives in the 9th circus would recognize one of their own in this duncan abomination and treat him accordingly.


3 posted on 07/12/2011 8:11:42 AM PDT by Dr.Zoidberg (Warning: Sarcasm/humor is always engaged. Failure to recognize this may lead to misunderstandings.)
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To: granite

What we need here is the kind of swift justice often found in this fine nation in the 1800’s. A good rope and a fine hanging.


4 posted on 07/12/2011 8:12:56 AM PDT by exnavy (May the Lord bless and keep our troops.)
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To: granite

Off to the USSC...yes, the man is insane...anyone raping and murdering children are insane...


5 posted on 07/12/2011 8:14:51 AM PDT by shield (Rev 2:9 "Woe unto those who say they are Judah and are not, but are of the synaGOGue of Satan.")
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To: granite
Evil is evil no matter their intelligence or lack of. What we have in this country/world is a fight between good and evil.

I wrote this in another thread and think it applies here.

Notice how they always side with evil? (Everyone is prison is innocent so no death penalty, abortion up to 9 months in the womb, homosexuality is not sin, Christians are evil, the left is good, condoms in schools, take the Christian God out of the public, but allow the muslim god take over the memorial of the twin towers/the right hates muslims, blacks, gays.....).

BUT, we will win. We have God on our side. Not a god of violence, hate and death, but The one true God who has proved that His hand is on this nation. The left has managed to push Him out of many places, but He remains in places they can't touch. Our hearts.

6 posted on 07/12/2011 8:15:01 AM PDT by Linda Frances
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To: granite

We need a competency hearing for the Ninth Circuit Court of Appeals.


7 posted on 07/12/2011 8:15:03 AM PDT by ConservaTexan (February 6, 1911)
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To: granite
Chief Justice Roberts:

“Oh Gawd! Not another stupid 9th Circus Court of Sh!theels ruling to overturn!
I'm getting too old for this...”

8 posted on 07/12/2011 8:16:40 AM PDT by Happy Rain ("Sans Sarah-Bachmann's The One.")
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To: granite
Chief Justice Roberts:

“Oh Gawd! Not another stupid 9th Circus Court of Sh!theels ruling to overturn!
I'm getting too old for this...”

9 posted on 07/12/2011 8:16:43 AM PDT by Happy Rain ("Sans Sarah-Bachmann's The One.")
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To: exnavy

Don’t have to go back that far. I remember a case in Kansas City in the fifties where a boy was kidnapped and killed in September and the perps were gassed in December. Robert Greenlease ways the boy’s name.


10 posted on 07/12/2011 8:28:55 AM PDT by Starstruck
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To: exnavy
What we need here is the kind of swift justice often found in this fine nation in the 1800’s. A good rope and a fine hanging.

Ok, that takes care of the Ninth Circus, but what about the murderer?

11 posted on 07/12/2011 8:37:44 AM PDT by Dr.Deth
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To: Dr.Deth

Bullet to the temple.


12 posted on 07/12/2011 8:41:59 AM PDT by exnavy (May the Lord bless and keep our troops.)
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To: granite

Incredible. This was a truly hideous case, the sort that gave you nightmares even to think that such people as him exist.

It’s just unbelieveable that the judges would rule this way.

He planned his crimes carefully and obviously knew what he was doing. And we can see he was clearly competent - competent enough to get away with it.


13 posted on 07/12/2011 8:47:36 AM PDT by livius
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To: granite

If the Perp planned the crime, which he did, he is sane enough to hang from the end of a rope...


14 posted on 07/12/2011 8:50:14 AM PDT by Kickass Conservative (Would you rather live in Obamaville or Palintown?)
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To: shield

P-ss on his victims, P-ss on his victims, P-ss on his victims,,there, cleared that up.


15 posted on 07/12/2011 9:12:50 AM PDT by Waco (Nominate Palin or forget 2012 you lost)
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To: granite

The mental competance of themembers of the U.S. Ninth Circuit Court of Appeals should be called in to question.
Is it wrong to want to see judges stoned while in stocks in public squares?


16 posted on 07/12/2011 9:35:27 AM PDT by Joe Boucher ((FUBO))
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To: livius

IIRC, one time I heard Bill O’Reilly and Dennis Miller discussing a case like this. The court found the killer had a “child like” mind.

Here was the response (Paraphrasing) from Miller:

“OK. Strap the perp to the gurney, dress the guy giving the lethal injection in a clown outfit, and carry out the punishment!!”


17 posted on 07/12/2011 9:42:30 AM PDT by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: granite
The child rapist and multiple murderer, who seems to have no difficulty at all with complex, if heinous, activities.

More information about this vicious rape and murder machine.

http://www.buzzle.com/editorials/7-6-2005-72713.asp

18 posted on 07/12/2011 10:16:02 AM PDT by yefragetuwrabrumuy
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