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Spokane, Washington  Est. May 19, 1883

Eye On Boise

Shasta may not have to testify

Shasta may not have to testify after all. Tuesday, on the eve of opening statements in Joseph Duncan’s death penalty sentencing trial in federal court, lawyers on both sides hinted in court that a deal is in the works. No details are available yet, but a federal prosecutor and a member of Duncan’s standby defense team both referred in court to an agreement reached with Duncan about Shasta’s testimony. The comments came as the lawyers and U.S. District Judge Edward Lodge discussed various issues still to be resolved, including arguments over the admissibility of statements made to a police officer.

“We have been discussing with Mr. Duncan a stipulation, which would negate the need for that motion, and the parties have signed that,” Assistant U.S. Attorney Traci Whelan told Lodge. Her comment came after Duncan’s standby attorney, Judy Clarke, told the judge a defense motion seeking to block admission of the statements “may be mooted out by stipulation regarding S.G.’s testimony,” and then referred again to “the stipulation that Mr. Duncan and the government have entered regarding S.G.’s testimony.” The little girl, who was 8 years old at the time of Duncan’s crimes and is now 11, has been identified in court so far only by her initials.

In December, Duncan’s attorneys and federal prosecutors reached a deal to spare Shasta from testifying and instead use a videotaped statement she gave to law enforcement officers after her rescue from Duncan in 2005, but the deal subsequently fell apart. Court documents unsealed last week showed that the child doesn’t want to testify or see Duncan. “I don’t want to be in the same room as him,” she was quoted as saying. “I hate him and don’t want to see his face. He killed my family and he shouldn’t be here.” You can read my full story here at spokesmanreview.com.



Eye On Boise

News, happenings and more from the Idaho Legislature and the state capital.