INDIO--A superior court judge ruled Tuesday that the case of condemned killer Joseph Duncan will go ahead.

Duncan’s public defender had asked that the murder case against Duncan be dismissed for reasons of ‘double jeopardy’. Duncan has already been handed three death sentences for crimes he committed in Idaho and Montana.

The judge appointed a doctor to determine Duncan’s competency to stand trial for the slaying of Anthony Martinez. The Beaumont boy was kidnapped in 1997 and his remains left in the desert near Indio.

The competency issue may be ruled on February 20th.

Story Date: September 2, 2010