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'Wish I was going with you'

The final prospective juror who was questioned today requested to be excused from the Joseph Duncan case, because he has non-refundable tickets to Hawaii for a vacation planned 10 months in advance for Aug. 13-27. Both sides and the judge agreed, and Judge Lodge drew laughter from all the attorneys when he told the juror, �Sir, I wish I was going with you.� ( Full post )

Jury selection wraps up for the day

Three jurors in a row who said they couldn�t possibly be impartial in Joseph Duncan�s case � one referred in her jury questionnaire to �such heinous crimes I don�t think I could sit through it� and told the court, �It�s just disturbing to me� � were excused by agreement of all sides, and one more juror was qualified. That makes a total of 13 qualified today, plus the 20 still qualified from back in April, so there are now 33 qualified jurors in the death penalty sentencing hearing. That�s substantial progress toward the 59 that must be qualified before each side can exercise peremptory challenges and bring the group down to the 12 jurors and three alternates who will hear the case (of course, it's going a bit more quickly now that the defense isn't asking any questions). At this rate, individual questioning of jurors could be done early next week. The process will resume in the morning at 9. ( Full post )

Jurors say they've avoided news coverage

Interestingly, despite concerns that have been raised about how news coverage of the case could affect the jury pool, most prospective jurors have said they�ve seen little coverage and none that would affect their ability to serve as impartial jurors. Yesterday, when 24 jurors who�d been approved back in April were questioned, not a single one said they�d seen or heard news coverage that would change anything for them. Today, most of the prospective jurors had heard in cursory fashion that Duncan would represent himself, but all said they�d heard little else and had avoided news reports about the case. Said one, �I�ve been very guarded at anything I�ve been exposed to. I�ve either gotten it turned off, or I turn my back and do �la-la-la� until it�s done.� ( Full post )

Four more jurors are in, two more excused

Things are moving along this afternoon, with four more jurors already qualified and two excused. Duncan hasn�t asked any questions, but agreed with each approved juror and agreed with the hardship excuse for a prospective juror whose husband is about to have heart surgery, and the only other person at home to help is the woman�s 85-year-old mother. His standby lawyers have sat silent. The judge has been questioning jurors after prosecutors finish. After a short break now, they�ll return and question the final five prospective jurors for today, then resume tomorrow morning at 9. ( Full post )

Eight jurors approved for Duncan sentencing

Eight jurors survived questioning this morning and were cleared to sit on the case, while two were excused for cause. Duncan never asked any prospective jurors any questions or objected to any of them, but the judge stepped in and asked additional questions of most of the jurors after federal prosecutors finished their questioning. The two prospective jurors who were excused included one who said he wouldn�t be able to consider any mitigating evidence after viewing a graphic videotape of Duncan abusing a young victim, and one who said he could be fair but wrote in his jury questionnaire, �He should die,� �He deserves nothing� and �In my mind, he dies.� The judge extensively questioned that juror about those answers, prompting the man to acknowledge, �Maybe I don�t have an open mind.� ( Full post )

Duncan takes over his own voir dire

Duncan stuck by his request to take over the questioning of jurors himself, even after listening to his lawyers conduct extensive, detailed questioning of the first two prospective jurors, so the judge allowed him to take over � though Duncan said he probably won�t ask any questions. �You understand that the court has been on the bench for 46 years, and I�m urging you and telling you that this is a huge mistake,� U.S. District Judge Edward Lodge told Duncan. �You understand?� �I understand that,� Duncan responded. ( Full post )

Duncan wants to do his own voir dire

Just as jury selection was about to begin in the Joseph Duncan case this morning, Duncan delivered a hand-written note to the judge asking to do the defense questioning of jurors himself, rather than have his standby attorneys handle that. U.S. District Judge Edward Lodge denied the request, saying it was a last-minute request he�d not had any chance to review, and adding, �I think your standby counsel is very capable.� ( Full post )

Auditors back whistleblower

Five multistate tax auditors at the Idaho State Tax Commission have issued a letter publicly backing whistleblower Stan Howland in his report that tax commissioners have been cutting secret tax deals to excuse large corporations from paying millions in Idaho taxes, and calling for an independent investigation. Here�s their letter: ( Full post )

FG official demoted after writing letter to the editor

The Twin Falls Times-News is reporting today that the Magic Valley regional supervisor for Idaho Fish & Game, who had held the position for eight years, was demoted after he wrote a letter to the editor critical of a proposed large wind farm�s impacts on wildlife. �(Supervisor David) Parrish's comments prompted a high-ranking legislator to contact Gov. C.L. �Butch� Otter and express concern that Parrish had violated the governor's office's media policy,� the Times-News reported, in an article by reporters Jared Hopkins and David Cooper. �Fish and Game announced the demotion Monday to state employees - but did not do so publicly. Deputy Director Virgil Moore confirmed the change Wednesday, and said Parrish's letter to the Times-News about the 185-turbine China Mountain wind farm contributed to his demotion.� Click here to read the full story. ( Full post )

Minnick praises Otter, criticizes Sali

Democratic congressional candidate Walt Minnick praised Republican Gov. Butch Otter today for his push to address the state�s deteriorating transportation infrastructure, but criticized GOP Congressman Bill Sali for not supporting a recent bill that passed the House to fund more state bridge inspections. The measure, HR 3999, which came timed around the Aug. 1 anniversary of the catastrophic Minnesota freeway bridge collapse, passed 367-55; Sali opposed it, while 2nd District GOP Congressman Mike Simpson voted in favor. "As Congressman James Oberstar from Minnesota said after the terrible bridge collapse in his home state: There is no such thing as a Republican bridge or a Democratic bridge. There are only American bridges," Minnick said. "This is not a partisan issue. And in joining with the small minority of people who voted against this bill, Sali said to Idaho outdated bridge safety inspections are fine with him.� ( Full post )

Sali finishing up Iraq trip

Idaho 1st District Congressman Bill Sali is on his way back from Iraq, his office reported today, and had been there since Sunday. It was the freshman GOP congressman�s first trip to Iraq and second to the region. He�s headed next to Germany to visit military medical facilities before returning to Washington, D.C. on Thursday. In this photo, Sali and other members of Congress meet with General David Petraeus in Iraq on Tuesday. Sali�s spokesman, Wayne Hoffman, said, �He wanted to see first-hand the efforts on the ground. He also wanted to visit with our troops, see if they�re getting everything they need, and to examine the type of medical care they�re receiving.� Sali joined five other members of Congress and a Veterans Administration official on the trip. ( Full post )

Dems file odd complaint against Risch

The Idaho Democratic Party has filed an FEC complaint against Idaho Senate candidate Jim Risch, charging that he hasn�t sufficiently detailed how his law office and its resources are used for campaign purposes. But having recently read Risch�s latest FEC report at length, I recall detailed reports of exactly that. Risch reported to the FEC paying $2,500 a month in office rent to his law firm during the most recent quarter, more than $13,000 to law partner and campaign treasurer John Insinger for legal services and FEC compliance work, and numerous payments for phones and other office expenses. Also, during a recent interview, Risch gave me a tour of his campaign offices, which are located in several office spaces that are upstairs from the law firm�s premises, though he said the campaign also uses some downstairs facilities. ( Full post )

Jury selection halted for today

The court has just halted today�s jury selection proceedings until tomorrow, after Joseph Duncan�s standby attorneys tried to withdraw from the case and the judge refused to allow them to. Before the clash between the attorneys and the judge, the court had called in 24 of the 26 previously approved jurors, and questioned them about whether they can still serve. Four said no and were excused � two because they said they�ve now made up their minds and would give Duncan the death penalty, without having yet heard any evidence. One has a baby due in a few days. The fourth was a woman who said she couldn�t be an impartial juror if Duncan, acting as his own attorney, were allowed to question his sole surviving victim, 11-year-old Shasta Groene. �If he�s able to come face to face with the little girl � I think that�s ethically wrong. It�s not right, it�s not fair,� she said. �It�s like abusing her again. I feel extremely strongly about that. I think it�s wrong.� ( Full post )

Duncan's lawyers try to withdraw

Joseph Duncan�s standby counsel asked to withdraw from his case just now, and U.S. District Judge Edward Lodge refused. �Motion denied,� he declared, then called a recess in the sentencing trial, which has just resumed this morning for jury selection. Duncan faces a possible death penalty; he�s now representing himself in his sentencing trial in federal court. ( Full post )

Duncan goes back to court today

Jury selection resumes this morning in the Joseph Duncan death penalty sentencing trial in federal court in Boise, after a three-month delay in which two court-ordered mental evaluations confirmed Duncan�s competency. That prompted U.S. District Judge Edward Lodge to give the admitted killer the go-ahead to act as his own attorney. Here are links to my articles from today�s Spokesman-Review on the developments in the case yesterday: Mainbar here, and sidebar on unsealed documents here. ( Full post )

Judge: 'Her live testimony is necessary'

In a third order issued this afternoon in the Joseph Duncan case, U.S. District Judge Edward Lodge ruled that if the two sides in the case can�t reach an agreement to spare young victim Shasta Groene from testifying, she should testify in a closed courtroom. �The Court concludes that in this case, if the parties are unable to reach an alternative to having the minor victim testify, her live testimony is necessary as she is the only witness to most of the conduct alleged against Mr. Duncan. While providing such testimony will undoubtedly be difficult, it may prove impossible where the courtroom contains members of the public and the Media who are not a party in this case. As such, the Court finds that closing the courtroom during her testimony is appropriate. Further, in light of Mr. Duncan�s election to proceed pro se, the Court is now also considering allowing the minor victim to testify in a separate room by two-way live closed circuit television.� ( Full post )

Read the unsealed documents and judge's orders

Documents newly unsealed in the Joseph Duncan case can be read in full here: Stipulation (Docket No. 63); Defense response to motion (159); U.S. joint motion for protective order (171); and here are links to the three orders the judge issued today in the case: Order to unseal; Closure order; and closure conditions order. ( Full post )

Judge orders closed courtroom, media to appeal

A federal judge has ordered that the courtroom be closed when the sole surviving victim of killer Joseph Duncan testifies � even though the child apparently will be testifying from another room by closed-circuit television. ( Full post )

Judge orders some Duncan documents unsealed

U.S. District Judge Edward Lodge has ordered four sealed documents in the Joseph Duncan case unsealed, in response to motions from The Spokesman-Review and 15 other media outlets in Idaho and eastern Washington. ( Full post )

Sali files another FEC correction

Idaho Congressman Bill Sali has filed yet another amended FEC report, this time amending his April quarterly report to show he both started and ended that reporting period with about $15,000 less cash on hand in his campaign fund than previously reported. That, then, creates a conflict with the next report from the campaign, the pre-primary election report, which showed cash on hand of $125,008.84 at the start of the period, compared to the new revision�s $109,647.86 at the close of the previous period. But perhaps it helps explain the discrepancy between the pre-primary report�s $157,694 cash-on-hand figure for the close of the period and the lower figure, $143,533, that the campaign said it started with in the July quarterly reporting period, in a report that�s already been amended once. That difference is $14,161. Clear as mud? Sali, a first-term GOP congressman, has now filed 11 amended reports with the FEC since June 1, and 43 amendments since 2005. ( Full post )