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Thread: Joseph Edward Duncan III - Federal

  1. #11
    Administrator Michael's Avatar
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    April 12, 2008

    BOISE, Idaho (AP) - His guilt is beyond question, his crime beyond comprehension. The issue for the jury is whether Joseph Edward Duncan III deserves to die for kidnapping two young siblings in a bloodbath at their home and whisking them away to the remote wilderness of western Montana, where he tortured them, raped them, and killed the 9-year-old boy.

    Some 350 candidates are expected to show up at a convention center downtown on Monday, when attorneys will begin to winnow the pool down to the 12 jurors plus three alternates who will decide Duncan's fate. Duncan pleaded guilty in December to 10 federal charges, three of which could bring the death penalty: kidnapping resulting in death, sexual exploitation of a child resulting in death, and using a firearm in a crime of violence resulting in death.

    U.S. District Judge Edward Lodge has imposed extraordinary secrecy restrictions, including a gag order on all lawyers and court personnel, possibly hoping to avoid contaminating the jury pool as much as possible. Nearly half of the 375 documents filed in the case remain under seal.

    Even so, finding 15 people who know little about the case - or about how the community has rallied around Shasta Groene, the sole survivor of Duncan's brutal spree in 2005 - and can decide impartially is a tall order.

    "That's the problem in a small, sparsely populated state like Idaho," said Stephanos Bibas, a professor of law at the University of Pennsylvania Law School and a former federal prosecutor. "There's a huge fear of contaminating the jury because you just don't get many multiple murder-molestation cases there. So people have likely been hearing about this case endlessly."

    Duncan was a convicted pedophile originally from Tacoma, Wash., when he saw Shasta, then 8, and her brother Dylan outside their home in the resort town of Coeur d'Alene. He began stalking the family, and one night in mid-May 2005, he entered the house, bound and killed three members of family with a claw hammer: Brenda Groene, her son Slade Groene, and her fiance Mark McKenzie. Duncan drove away with Shasta and Dylan.

    For the next several weeks, Duncan sexually abused and tortured the children, in some cases videotaping the acts. He eventually shot Dylan with a sawed-off shotgun, leaving the boy's body at a campsite in the Lolo National Forest. Duncan brought Shasta back to Coeur d'Alene, where they stopped to eat at a Denny's restaurant around 2 a.m. on July 2, 2005. A waitress recognized Shasta and called police.

    Duncan was charged with the Coeur d'Alene murders in Idaho state court, and in 2006 pleaded guilty to three counts of first-degree murder and three counts of first-degree kidnapping. He agreed to cooperate with investigators in his pending federal case.

    He was sentenced to life in prison without parole for the kidnappings. But the sentence on the murder counts was deferred until the federal case is closed.

    If federal prosecutors fail to win a death sentence, Duncan will be returned to Kootenai County, where a jury will be impaneled for a death penalty hearing, Prosecutor Bill Douglas has said.

    Aside from the potential death-penalty charges, Duncan pleaded guilty federally to kidnapping, two counts of aggravated sexual abuse of a minor, being a felon in possession of a firearm, transportation of a stolen firearm, possession of an unregistered firearm and transportation of a stolen vehicle.

    While prosecutors try to prove that Duncan deserves execution, defense attorneys are expected to try to show that he was the product of a troubled childhood and should be sentenced to life in prison.

    "A jury will be tempted to see him as a monster, and the last thing the defense wants is for them to think of him as a monster," Bibas said. "They'll try to at least put in context what caused him to do this, pointing out if the defendant has a history himself of being abused, beaten or mentally impaired in some way."

    Shasta Groene appears to be holding up well, but the endless court case has caused a great deal of stress, said family friend Midge Smock. Shasta, now 11, normally spends every Tuesday night visiting Smock.

    "Last time I saw her she was really, really happy because they told her she wouldn't have to testify. I hope they can stick with their promise to keep her from testifying," Smock said.

    Duncan also has been charged in California with the 1997 slaying of 10-year-old Anthony Martinez in Indio, Calif. Prosecutors also intend to seek the death penalty there. Duncan has denied involvement in that crime, and Shasta's afraid she'll have to go to California to testify in that case, Smock said.

    In addition, Duncan is a suspect in the 1996 Seattle-area killings of 9-year-old Carmen Cubias and 11-year-old Sammiejo White.

    Regardless of the outcome of the federal case in Idaho, Smock wonders whether the trauma will ever end for Shasta or her father, Steve Groene.

    "I think Steve understands that it's not going to be over, but I don't know what she comprehends of that," Smock said. "When she's mad, she says, 'It's never going to be over."'

  2. #12
    Administrator Michael's Avatar
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    April 13, 2008

    BOISE – Three hundred fifty people will gather in Boise's convention center on Monday to start an extraordinary process: deciding whether Joseph Duncan should die for what he did to two North Idaho children.

    Available legal records suggest no one's received the death penalty in federal court for a crime committed in Idaho since the 1920s. But Duncan's case is rare in its heinousness and shock value. The convicted killer and child molester attacked a North Idaho family at their home in 2005, killed three family members in order to kidnap two young children, molested both youngsters and held them captive for weeks. Only one child, then-8-year-old Shasta Groene, survived.

    Duncan already has pleaded guilty to all charges in a 10-count federal indictment for kidnapping and molesting Shasta and her 9-year-old brother Dylan, and torturing and killing Dylan, whose abuse Duncan videotaped. Three of the 10 charges carry the possibility of the death penalty. All that remains for the jury to determine is whether Duncan should die for those crimes or get life in prison without parole. Attorneys on both sides will spend the next two to four weeks questioning the 350 potential jurors to come up with a jury of 12 and three alternates.

    Feelings run high about the case, one of North Idaho's most horrifying crimes ever. While some cars in North Idaho sport "Kill Duncan" bumper stickers, the case also brings to a fine point the debate about capital punishment, which Duncan's lawyers unsuccesssfully have argued should be ruled unconstitutional.

    "I think the death penalty is arbitrary and capricious, like being struck by lightning," said Jack Van Valkenburgh, head of the American Civil Liberties Union of Idaho. "Only 2 percent of murders are punished with the death penalty, even in death penalty states.

    "I think capital punishment is a failed government program and an ugly stain on our criminal justice system."

    But former Idaho Attorney General David Leroy said, "If there ever was a death penalty case, … this must be that case."

    The federal death penalty has been carried out only three times in the past 40 years, according to the Death Penalty Information Center. Those executed were Oklahoma City bomber Timothy McVeigh in 2001, and two Texas murderers in 2001 and 2003. There are 54 inmates on federal death row.

    Thirty-seven states, including Idaho and Washington, have the death penalty for state crimes. Overall, there have been 1,099 executions under state death penalty laws since 1976, including one in Idaho, four in Washington, and 405 in Texas.

    Duncan's case is somewhat unique in that if he doesn't get the federal death penalty, he'll return to Kootenai County to face a possible death sentence on state murder charges. In 2006, he pleaded guilty in Kootenai County District Court to first-degree murder, for killing the Groene children's 13-year-old brother, Slade; their mother, Brenda; and her fiancé, Mark McKenzie, in a bloody attack at the family's Wolf Lodge Bay home.

    Duncan left that scene with the two children, prompting a multistate manhunt that ended seven weeks later when he was spotted with young Shasta at a Coeur d'Alene Denny's restaurant. By that time, Dylan was dead.

    Duncan also is a suspect in three other child murders, in California and Washington, and could face a death sentence for those as well.

    Leroy said, "You probably will rarely find, if ever in the next few decades, a stronger test, a more accurate test, of what the societal norm is in America with regard to the death penalty."

    Duncan has stood up in court and admitted the crimes. "I will continue to accept that responsibility to the death, if necessary," he told the federal court in December. But the 44-year-old has fought the death penalty.

    In early December, his lawyers and federal prosecutors told the court they'd agree to allow the only surviving victim of the crime, Shasta Groene, to avoid testifying at Duncan's sentencing hearing by instead admitting her testimony by means of a videotaped statement she gave to law enforcement officers in July 2005, shortly after she was rescued from Duncan. "The parties have now arrived at an agreement which makes the child victim's testimony unnecessary," U.S. District Judge Edward Lodge wrote in an order issued then, setting Duncan's sentencing hearings to start this week.

    But no order finalizing that agreement ever was filed with the court, and the court indicated Friday that it's still an open question as to whether the girl will have to testify.

    Lawyers are prevented from talking about the case by a sweeping gag order issued by the judge.

    The jury selection process is expected to take several weeks. The potential jurors will fill out questionnaires on Monday, and attorneys on both sides will review the questionnaires on Tuesday. On Wednesday, they'll start questioning the potential jurors, one by one, until a jury has been selected.

    Then the hearings will proceed in two parts. First, the jury will have to rule on whether Duncan is eligible for the death penalty. That requires them to determine that his mental state included the intent to commit the crime, and that at least one statutory aggravating factor was present. Prosecutors have charged an array of aggravating factors, including murder occurring during the commission of another crime; committing the offense in a "heinous, cruel or depraved manner;" and vulnerability of the victim.

    If Duncan is found eligible for the death penalty, the jury then must decide whether to impose it in the "selection" phase of the sentencing hearing. There, mitigating factors, such as Duncan's childhood abuse, and non-statutory aggravating factors, including the effect of the crime on the victim and her family and Duncan's future dangerousness, may be taken into account.

    In an earlier court filing, defense lawyers wrote, "Mr. Duncan's life history is permeated with abuse, neglect, torture, rape and betrayal, all lending to a horrific life of trauma that in fairness must be weighed by the sentencing jury – not as an excuse for the conduct, but in its consideration of whether to sentence Mr. Duncan to life in prison without possibility of release, or death."

    Duncan, a Tacoma native, spent most of his adult life in prison for sex crimes against children. He was on the run from a child molestation charge in Minnesota when he drove past the Groene home on Interstate 90 east of Coeur d'Alene in May 2005 and spotted the two children playing outside.

    The sentencing proceedings are expected to take roughly two months.

  3. #13
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    April 16, 2008

    BOISE – Joseph Duncan now wants to act as his own attorney in his death penalty hearings, his lawyers told the court this morning.

    “He has requested that we recognize his desire to exercise his constitutional right to represent himself,” attorney Mark Larranaga told the court.

    U.S. District Judge Edward Lodge testily said he’ll defer the request until Friday morning. “I’m sure counsel are well aware that there’s a number of facts we have to take into consideration. We’ve got jurors waiting,” Lodge said.

    Duncan, who faces a possible death penalty on three different counts for kidnapping and molesting two North Idaho children and murdering one, already had pleaded guilty to all counts. A jury is being selected in federal court to decide if he should get the death sentence or life in prison without possibility of parole.

    Larranaga expressed concern about continuing with jury selection without addressing the representation question. “I want to make sure that we’re not waiving Mr. Duncan’s right to represent himself,” he said. Lodge said the record would show that – and that Duncan’s legal team should continue to act as if they’re representing him as jury selection continues this week.

    At least initially, it’s proving difficult to find jurors to sit for the death penalty proceedings for Joseph Duncan. So far today, 14 jurors have been considered. Six were dismissed right off. Eight were brought into court for individual questioning; of those, three were dismissed. A fourth was challenged by the defense, but the judge overruled the challenge.

    With the first group of six potential jurors, four men and two women, the judge said, “Counsel stipulates and the court agrees that based on your answers to some of the questions, this was not an appropriate case for you to be sitting on.” Then, 22 more prospective jurors, 11 men and 11 women, were brought in. Everyone in the courtroom stood, including Duncan, who looked straight ahead but darted his eyes sideways toward the jurors.

    The judge told the prospective jurors, “Americans can directly serve their country in several ways,” through military service and by serving on juries. Serving as a juror, he said, is “an honor accorded only to United States citizens in good standing.” It requires, he said, being fair and impartial. “To serve fairly and impartially means to base any decision on evidence presented in this courtroom, and not on anything you may have read or heard outside this courtroom.”

    Then, the jurors were taken out of the room, and called back in one by one. Each juror was brought to a seat in the center of the jury box, directly facing Duncan, but most turned their heads to the right and looked at the judge, as did Duncan, who sits in the courtroom dressed in yellow prison-issue scrubs.

    The very first prospective juror to be questioned, a woman, told the court, “I just feel that anybody that does that kind of thing shouldn’t have a choice, and they should be put to death just like what they’ve done.” Under questioning from the judge, she said, “My feeling of it is that he should get the death penalty.” The juror was challenged by the defense, and the judge granted the challenge and excused her from service.

    Of the first eight prospective jurors questioned, three were dismissed for cause. One told the court, “I am strongly opinionated toward the death penalty.” Another said he has a 9-year-old son – the same age as Duncan’s victim, young Dylan Groene. Asked by the judge if he thought he could be fair in this case or not, the young father struggled with his answer, then said, “No.”

    Even among the four prospective jurors who weren’t challenged for cause this morning, horror over the nature of Duncan’s crimes was clear. One said he wondered “how messed up someone would have to be to do that,” and said, “Sometime I think death is too easy. Sometimes I think it’s too easy a way out.” Another said that as a taxpayer he doesn’t like the idea of supporting a criminal for life in prison. A third said if she is shown a graphic video of Duncan abusing the little boy he murdered, she might close her eyes. U.S. Attorney Tom Moss told her, “The material that will be presented to you is ugly, it’s graphic … but it’s our job to present it to you.”

    The juror whose challenge the judge overruled told the court that she, too, has a 9-year-old son. Defense attorney Judy Clarke told her, “We’re going to ask you to watch very graphic, sadistic sexual abuse with a 9-year-old child.”

    The woman said she thought she likely would be emotional. “It will be difficult for me to sit through, absolutely,” she said. But under questioning from the judge, she said, “I do feel I can be fair.”

    Questioning of jurors in the 325-member pool of prospective jurors is scheduled to continue until 59 have been selected. At that point, each side will be able to exercise peremptory challenges to bring the group down to 12 jurors and three alternates. Jury selection is expected to take two to four weeks.

  4. #14
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    April 18, 2008

    A judge has ordered a psychiatric evaluation for Joseph Duncan III before he decides whether to let Duncan represent himself at his death penalty hearing in Idaho.

    Jurors are deciding whether the former Fargo man should be put to death for the abduction and slaying of a 9-year-old Idaho boy in 2005.

    Duncan says he wants to represent himself in court because his attorneys cannot ethically represent his ideology.

    Judge Edward Lodge ordered attorneys to come up with three names of psychiatrists or psychologists in the Boise region who can evaluate Duncan's competency and make a report to the court.

    Duncan pleaded guilty in December to 10 federal crimes stemming from the 2005 kidnapping of Dylan Groene and his then 8-year-old sister, Shasta. Both were taken from their Idaho home in May 2005 and sexually abused before Duncan shot and killed Dylan at a campsite in western Montana.

    Duncan earlier pleaded guilty to killing the children's mother, her boyfriend and the children's older brother.

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    April 21, 2008

    BOISE, Idaho (AP) - Confessed child killer Joseph Edward Duncan III is a step closer to being able to act as his own attorney in death penalty proceedings.

    U.S. District Judge Edward Lodge ruled Monday that a Boise-area psychologist will be asked to determine whether Duncan is mentally competent. Lodge said he'll make a decision after reviewing the psychologist's report, but he indicated that he's inclined to grant the request.

    Duncan pleaded guilty in December to 10 federal charges in the kidnapping of Dylan and Shasta Groene and the killing of 9-year-old Dylan at a Montana campsite. 3 of those crimes can carry the death penalty.

    Duncan says his lawyers can't ethically represent his ideology. A hearing to determine whether he gets the death penalty is scheduled to begin next month.

  6. #16
    Administrator Michael's Avatar
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    May 1, 2008

    BOISE, Idaho - A psychiatric evaluation of convicted child killer Joseph Edward Duncan III has been completed, and a federal judge could decide soon if Duncan will be allowed to represent himself in his death penalty hearing.

    A jury is expected to decide this summer if Duncan should be imprisoned for life or executed for the kidnapping, abuse and slaying of young Dylan Groene in 2005. Duncan has already pleaded guilty to the crimes against Dylan and the kidnapping and abuse of his sister, Shasta Groene

    Duncan has asked U.S. District Judge Edward Lodge represent himself in the sentencing hearing. Lodge said he was inclined to grant Duncan's request but first wanted to make sure the defendant was mentally competent to make the weighty decision. The evaluation was filed Thursday and Lodge said he would keep it under seal.

  7. #17
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    May 13, 2008

    BOISE, Idaho (AP) - The federal death penalty hearing for Joseph Duncan III will be delayed again while Duncan undergoes additional mental evaluations, a judge has decided.

    U.S. District Judge Edward Lodge ordered the additional evaluation on Tuesday to help him decide if Duncan is competent to represent himself in the sentencing phase of the capital case.

    A jury will be asked to decide if Duncan should be imprisoned for life or executed for the kidnapping, abuse and slaying of young Dylan Groene in 2005. Duncan has already pleaded guilty to 10 federal charges for the crimes against Dylan and the kidnapping and abuse of his sister, Shasta Groene.

    Duncan, who lived in Fargo before his arrest, earlier pleaded guilty in state court to murdering three other members of the children's family but the penalty for those crimes is not at issue in the federal case.

  8. #18
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    May 15, 2008

    BOISE – Even if confessed child killer Joseph Edward Duncan is found mentally incompetent to represent himself at his federal sentencing hearing, his previous guilty pleas will likely stand, legal experts say.

    “The law is that if you are incompetent, the proceedings are suspended,” Rodney Uphoff, a law professor at the University of Missouri and an expert on death penalty cases, told The Spokesman-Review newspaper of Spokane. “I would say that it’s highly, highly unlikely that the guilty plea would be undone.”

    Duncan, a convicted pedophile originally from Tacoma, pleaded guilty in December to 10 federal charges in the May 2005 kidnapping of then 8-year-old Shasta and 9-year-old Dylan Groene from their Coeur d’Alene home and Dylan’s death. Three of those crimes can carry the death penalty.

    He earlier pleaded guilty in state court to murdering 13-year-old Slade Groene; Slade’s mother, Brenda Groene; and her fiancé, Mark McKenzie, at the Groene home before driving away with the two children.

    Jury selection for the sentencing hearing on the federal charges was put on hold April 22 after Duncan asked U.S. District Judge Edward Lodge to allow him to represent himself because he believed his attorneys couldn’t ethically represent “his ideology.”

    At the time, Lodge indicated that he believed Duncan was probably competent to make the decision, but said because capital punishment was at stake a mental evaluation would be prudent.

    A local psychiatrist completed his evaluation of Duncan earlier this month, but Lodge apparently decided that a second evaluation was necessary. Most of the recent filings in the case have been kept under seal by Lodge, and the attorneys are under a gag order. Lodge did not indicate why he believed the additional mental evaluation was needed, or how long it was expected to take.

    “The judge has opened up a can of worms, is what it looks like,” said David Leroy, a Boise lawyer and former Idaho attorney general. “Under these circumstances with the heinous circumstances, the death penalty is involved – I wouldn’t second-guess the judge. It was probably the right decision.”

    In order for Duncan to submit his federal guilty pleas and have them accepted by the court, he had to be competent at the time. Both Leroy and Uphoff said that if Lodge rules Duncan is mentally incompetent to represent himself now, that doesn’t mean he was mentally incompetent when he made the guilty plea.

    Uphoff agreed.

    “I represented a number of clients who went in and out of competency,” he said.

    It is unclear when Lodge will make a ruling on Duncan’s competency. Meanwhile, jury selection for the hearing has been delayed, and Lodge issued an order telling the more than 300 prospective jurors in the case that they’re free to go on vacation but should check back for instructions on June 23.

  9. #19
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    July 8, 2008

    The federal death penalty sentencing hearing for confessed killer Joseph Duncan III has been delayed at least two more weeks as mental health experts determine his mental competency. The pool of more than 300 prospective jurors in the case were told in May by U.S. District Judge Edward Lodge to check with the court after 5 p.m. Monday to find out when jury selection would resume. But that date has since been pushed back to July 7, according to court officials.

    This means a mental evaluation of Duncan, being done to determine whether he's competent to represent himself during his sentencing hearing, is expected to last for two more weeks.

    The order also means as many as 325 prospective jurors from all over Southwest and Central Idaho continue to be admonished from reading, hearing, or watching any media reports about the Duncan case until July 7 and beyond.

    An Idaho jury ultimately will be asked to decide whether Duncan should be imprisoned for life or executed for the kidnapping, abuse and slaying of young Dylan Groene in 2005.

    Duncan already has pleaded guilty to 10 federal charges for the crimes against Dylan and the kidnapping and abuse of his sister, Shasta Groene.

    A group of 325 potential jurors — some from as far away as Hailey and Twin Falls — filled out individual questionnaires in April and were waiting for individual questioning to begin when Duncan announced he wanted to act as his own attorney.

    While Lodge said it appeared Duncan was mentally competent to proceed, he felt Duncan needed a comprehensive mental competency evaluation before the hearing could continue with Duncan acting as his own attorney.

    Source

  10. #20
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    July 28, 2008

    BOISE, Idaho (AP) -- A man who kidnapped two Idaho children and murdered one of them in 2005 is allowed to represent himself at his death penalty hearing, a federal judge decided Monday.

    U.S. District Judge Edward Lodge made the ruling after repeatedly questioning Joseph Edward Duncan III about his wishes and asking him if he had any reservations about representing himself.

    "I'm not a perfect person, and I make mistakes sometime," Duncan told the judge. "My only reservation is that I'm a human being."

    A jury will decide whether Duncan is sentenced to death or will spend life in prison without parole on three of 10 federal charges. Jury selection will resume on August 6, Lodge said.

    In May, Lodge suspended sentencing after Duncan asked for permission to dump his team of lawyers and serve as his own attorney.

    Earlier this year, Duncan said he wanted to be his own lawyer because his attorneys couldn't ethically represent his "ideologies," though he gave no clue as to what those ideologies were.

    Lodge ordered a series of mental health evaluations, then ruled last week that Duncan is mentally competent to take part in the sentencing phase of the case.

    "Based upon your representation to the court, your education and the finding that I made last week, you do have a 6th Amendment right to represent yourself," Lodge said Monday. "You're competent to make that decision."

    Duncan's defense team -- Judy Clarke, Mark Larranaga and Thomas Monaghan -- will remain in court as Duncan's "standby lawyers," Lodge said. They will serve as a legal resource for Duncan but will not be allowed to represent him as long as he is representing himself.

    Lodge warned Duncan that he will get no special help from the bench and will be held to the same strict court rules as everyone else. He also said he would order Clarke, Larranaga and Monaghan to resume their roles as Duncan's attorneys if Duncan cannot adequately represent himself.

    "I just want to try and represent what I believe," Duncan said. "But I want to do that within the rules or the law, and I want to try to do that without causing any problems."

    Duncan, a convicted pedophile from Tacoma, Washington, pleaded guilty in December to the federal charges related to the kidnapping of Shasta Groene, then 8, and her brother Dylan, 9.

    The children were taken from their Coeur d'Alene home in May 2005 after Duncan fatally bludgeoned the children's mother, Brenda Groene, their 13-year-old brother Slade, and the mother's fiance, Mark McKenzie.

    Both children were sexually abused before Duncan shot and killed Dylan at a campsite in western Montana. Shasta was rescued on July 2, 2005, when a waitress spotted Duncan and the girl in a Coeur d'Alene restaurant.

    Duncan earlier pleaded guilty in state court to murdering McKenzie and Slade and Brenda Groene. He could be sentenced to death in that part of the case as well.

    Source

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