Gag order issued in Duncan trial

U.S. District Judge Edward J. Lodge has issued a gag order to quell pretrial publicity in the federal case against convicted killer Joseph Duncan.

Attorneys, witnesses and prospective witnesses in the death penalty case are barred from talking about the case, other than quoting from what’s already in the public record, according to an order Lodge issued Friday.

“There is a reasonable likelihood that a fair trial by an impartial jury will not result unless appropriate steps are taken concerning the conduct of the trial and extrajudicial statements by parties, witnesses and prospective witnesses,” Lodge wrote.

The judge noted the “great deal of publicity” surrounding the related state case in which Duncan was convicted of killing Brenda Matthews Groene, her 13-year-old son, Slade, and her fiancé, Mark McKenzie.

Duncan is charged in federal court with kidnapping Groene’s youngest children – Dylan and Shasta Groene – from their Coeur d’Alene-area home in May 2005. Authorities say Duncan held the children captive for weeks at a remote Montana campsite, sexually abusing both children and killing Dylan.

His trial on multiple charges involving crimes against the two children is set for January 2008.

Lodge’s order prohibits anyone involved in the capital case from talking about evidence, the credibility or criminal records of those involved in the case – including witnesses – and discussing Duncan’s defense.

The judge also ordered parties in the case not to discuss confessions Duncan may have given, the possibility of a plea deal and opinions on his guilt or innocence.

Media coverage of proceedings in the case is also limited by the judge’s order. No photography or recordings of any kind are allowed and Lodge said broadcasting by “radio, television or other means” is not allowed.

Also on Friday, the U.S. Attorney’s Office filed notice that Dr. Sharon Cooper will testify on behalf of the prosecution about Duncan’s videotaped abuse of Dylan Groene.

Cooper may also testify about the injuries the children suffered.