Decisions not made on 2nd Duncan trial

A decision hasn’t been made on where Joseph Duncan might be tried for alleged crimes against the youngest Groene children, Assistant U.S. Attorney Marc Haws said Tuesday.

Haws said he’s not sure about the origin of media reports that Duncan would be tried in Boise.

“Until a grand jury returns an indictment, no case has begun and no judge has been assigned,” Haws said. “Until a judge is assigned to the case and makes a decision, we have no idea when and where a case will be tried.”

A spokeswoman for Haws’ office said a grand jury may consider federal charges against Duncan within a couple of months.

If a grand jury indicts Duncan, spokeswoman Jean McNeil said a trial must be scheduled within 70 days.

Haws said there are several factors judges consider when deciding where to hold a trial, including security concerns, transportation issues and the convenience of witnesses.

Kevin Platts, chief deputy for the U.S. Marshals Service, told the Associated Press his agency would recommend that a trial be held in Boise.

A number of issues play a role in that decision, Platts said, including the fact that the federal courthouse in Coeur d’Alene is more than 80 years old and lacks space and security needed for such a case, Platts said.

In addition, the costs to fly Duncan between the prison near Boise and Coeur d’Alene could reach $30,000 a day during a trial there; Duncan and his guards would have to return to the maximum security prison each night.

“We don’t want to do that. We’re all taxpayers,” Platts said from his office in Boise.

Investigators allege that in May 2005 Duncan kidnapped Dylan and Shasta Groene from the family’s home the night he used a hammer to murder the children’s mother, 13-year-old brother and mother’s fiancé. The children were held for six weeks at a remote Montana campsite, during which time Dylan was killed.

Shasta was rescued after Duncan returned to Coeur d’Alene and patrons at a local restaurant recognized the girl.

Federal charges against Duncan are expected to include kidnapping, kidnapping resulting in death, use of firearms in an act of violence resulting in death and child sexual exploitation resulting in death. The death penalty is possible for any one of the last three of those charges.

Duncan was sentenced in Kootenai County in October to three consecutive life terms for kidnapping charges for binding the three murder victims.

He has admitted to the three murders, but sentencing on those charges was postponed until after the federal case concludes. If federal prosecutors don’t get the death penalty for Duncan, he will be returned to Kootenai County to face a possible state death sentence for the triple-murder.