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Judge: Man Should Stand Trial In Boy's 1997 Death

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Feb 4, 2009 12:45 am US/Pacific

Judge: Man Should Stand Trial In Boy's 1997 Death

INDIO, Calif. (AP) ― A judge has ruled that a man charged with murdering a 10-year-old Beaumont boy in 1997 should stand trial.

The ruling came after Tuesday's hearing on whether Joseph Edward Duncan III should be tried for the kidnapping, torture and murder of Anthony Martinez in 1997. He faces the death penalty if convicted in Riverside County.

Duncan was convicted of killing four members of an Idaho family in 2005.

He was sentenced to three death sentences and six life terms.

Defense attorneys had claimed that Duncan should not be tried again in Riverside County because federal prosecutors used Anthony's death in the previous case to argue that he had a history of crime and violence.

They filed a motion stating that trying Duncan in California would be double-jeopardy.

(© 2010 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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