Missoula
44° F
Overcast
Overcast
Kalispell
44° F
Rain
Rain
Bozeman
43° F
Overcast
Overcast
Advertisement

Judge rules killer was competent to waive appeal

By Associated Press
Published On: Dec 06 2013 03:20:08 PM MST
DUNCAN
BOISE, Idaho -

A federal judge has ruled that a man convicted of murder and kidnapping two northern Idaho children in 2005 was mentally fit when he waived the right to appeal his death sentence.
    
U.S. District Judge Edward Lodge issued the ruling Friday in the case of Joseph Edward Duncan III.
    
Duncan was convicted of killing several members of a Coeur d'Alene family in 2005 so he could kidnap the family's two youngest children.
    
He tortured both kids in Montana for weeks before killing one of them and convicted and sentenced to death in 2008 for those crimes.
    
During sentencing, Duncan opted to represent himself, and afterward waived his appeal rights. He later changed his mind and an appeals court ordered Lodge to determine if Duncan was competent to make that decision.