Judge gets angry at Duncan’s lawyers

BOISE - A dramatic disruption in the jury selection process this morning as Joseph Duncan's attorneys say they want to back out of his case.

The jury selection went on as scheduled, but after the first group of potential jurors was excused, the attorneys who have represented Duncan through this lengthy process told the judge they didn't want to go on.

Duncan sat by himself at the defense table today.

That's because he was recently granted his constitutional right to represent himself, but his attorneys still have to proceed as his backup counsel. Now they are raising serious objections to that.

Saying they continue to have concerns about Duncan's mental competency and do not share his irrational view of the evidence, the case or the world.

Defense attorneys said acting as his standby counsel is a violation of their professional ethics.

Duncan concurred -- saying counsel's ideological differences with him were inferring with his ability to represent himself.

U.S. District Court Judge Edward Lodge responded swiftly and angrily.  He denied the defense motion to step down, saying "we are not going to delay this case one minute longer!"

He then immediately called for recess.

We assumed jury selection would resume this afternoon, but a short time after recess was called we were told court was done for the day.  We have not been notified as to when the jury selection process will pick up again.

This is Joseph Duncan's sentencing phase -- he's already pleaded guilty to killing four members of a Coeur d'Alene family in 2005 and kidnapping a 5th young victim.

Jurors who are seated on this case will decide if Duncan should be executed for his crimes, or spend the rest of his life in prison.

The sentencing hearing has been delayed for three months as Duncan's mental competency was determined.  Last week, Judge Lodge granted his request to act as his own attorney.