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Riverside County could strike plea deal with convicted child killer Joseph Duncan

File photo: Joseph Edward Duncan III (R), listens to his Public Defender John Adams (L), during a plea agreement and sentencing hearing in the court room of the Kootenai County Jail 16 October, 2006 in Coeur d' Alene, Idaho.
File photo: Joseph Edward Duncan III (R), listens to his Public Defender John Adams (L), during a plea agreement and sentencing hearing in the court room of the Kootenai County Jail 16 October, 2006 in Coeur d' Alene, Idaho.
(
Kathy Plonka/AFP/Getty Images
)

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Riverside County could strike plea deal with convicted child killer Joseph Duncan
Riverside County could strike plea deal with convicted child killer Joseph Duncan

Riverside County prosecutors could be close to reaching a plea deal that would let a convicted child killer avoid the death penalty - at least, in California. Joseph Duncan already faces execution in Idaho for a string of murders. He's also charged with killing a 10-year-old boy in Riverside County.

Duncan was convicted of killing two other boys, their mother and her fiancé in Idaho six years ago. He faces multiple death sentences there.

In Riverside County, he’s charged with abducting and killing 10-year-old Anthony Martinez 14 years ago. Duncan was extradited from Idaho two years ago.

A lengthy mental competency review and other delays held up his murder trial. Now there may be no trial, says Riverside County district attorney Paul Zellerbach.

"Mr. Duncan’s attorneys indicated that their client is willing to plead guilty to all charges and accept a sentence of life without the possibility of parole," says Zellerbach, "and also wave his appellate rights in the state of California."

Zellerbach says he’ll consult with the prosecution team, the victim’s family and Idaho authorities before he makes a decision. "This is a unique situation wherein a defendant has already received a death penalty – and so that changes the evaluative process to a certain extent. I can guarantee you this: if Mr. Duncan had not already been sentenced to death by the federal court in Idaho, I wouldn’t even be considering any type of offer disposition in this case whatsoever."

A plea deal means Riverside County avoids a costly and time-consuming capital trial. Duncan would be sent back to Idaho for execution. District Attorney Zellerbach says he’ll announce a decision tomorrow.

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