Filed Under (Idaho, News) by Jason Ford on May-8-2008

A federal judge in Boise has denied a motion by Idaho and Washington news organizations to know the results of a recently completed psychological exam of convicted killer Joseph Duncan that was ordered to help decide whether he is competent to act as his own attorney in his federal sentencing hearing.

U.S. District Judge Edward Lodge ruled that with jury selection still going, unsealing the exam results could potentially taint the jury, and that any release of the results could be a violation of Duncan’s privacy rights. Lodge reasoned that Duncan’s fundamental Constitutional rights outweigh the public’s First Amendment right of access. He added that there is no proper alternative than to seal the documents.

Duncan faces life in prison or the death penalty for the 2005 kidnapping and molestation of Shasta and Dylan Groene, and killing of Dylan. The children were kidnapped from their Coeur d’Alene-area home after Duncan murdered three members of their family. He has already pleaded guilty in Idaho state court to the killings of the family members – he was sentenced to life in prison, but Kootenai County prosecutors say they could seek the death penalty depending on the outcome of the federal case.

Jury selection for the federal hearing is on hold until Lodge decides whether to grant Duncan’s request to serve as his own attorney.



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