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The Spokesman-Review Newspaper
Spokane, Washington  Est. May 19, 1883

Computer experts to testify at Duncan trial

Taryn Brodwater Staff writer

Three computer forensic experts will testify at killer Joseph Duncan’s federal trial about the pictures, videos and journal entries found on his computer equipment, federal prosecutors said in a court filing Tuesday.

Duncan is facing the death penalty if convicted in his January 2008 trial for the murder of 9-year-old Dylan Groene and other crimes against the boy and his sister, Shasta.

According to previous court testimony in Kootenai County – where Duncan was convicted of murdering the children’s mother, 13-year-old brother and mother’s fiancé – Duncan used the children to produce child pornography.

The FBI has “various computer systems and digital media” that Duncan owned or used, according to Tuesday’s court documents.

Two computer forensic examiners from the West Regional Computer Forensic Laboratory in Salt Lake City and private computer forensic expert Curtis W. Rose are listed as the government’s expert witnesses in the case against Duncan.

Several reports about their findings were mentioned in the court filing, but all were submitted under seal.

According to court records, the Dell laptop found in the stolen Jeep that Duncan was driving at the time of his arrest contained journal entries, financial information, spreadsheets and e-mails.

The notice of expert testimony filed Tuesday also mentions encrypted computer files.

As of October, when Duncan pleaded guilty to the May 2005 murders of Brenda Matthews Groene, Slade Groene and Mark McKenzie, investigators had yet to crack the code to Duncan’s encrypted files.

Those files could contain information on other crimes Duncan may have committed or planned. Federal Public Defender Roger Peven confirmed in October that he had the key to the encrypted files and had viewed some of the files at the FBI’s regional office in Salt Lake City.

Though Peven would not discuss the contents of the files, it’s expected he may use the password as a bargaining chip in the federal death penalty case.

U.S. District Judge Edward Lodge has placed a gag order on the attorneys, prospective witnesses and others involved in the federal case in an attempt to limit pre-trial publicity.