Duncan lawyer to seek delay
BOISE – Joseph Duncan was ordered Friday to stand trial in federal court in March, but his attorney says the convicted killer’s defense won’t be ready by then.
“The responsibilities in a case such as this are so extensive that as much time as needed is certainly going to be granted,” said defense attorney Roger Peven. “It’s going to be quite a while.”
Duncan, who is serving a life sentence in Idaho’s maximum security prison, was arraigned Friday morning in a Boise courtroom on a 10-count federal indictment charging him with kidnapping and molesting two North Idaho children and killing one. Three of the charges could lead to the death penalty.
At the arraignment, when Magistrate Judge Mikel Williams asked if Duncan was entering a not-guilty plea – a standard procedure at that point in an arraignment – the convicted killer balked.
“Oh, that’s not right, that’s not right,” Duncan blurted out, as his defense attorney, Thomas Monaghan, sought to quiet him. The two conferred, and Monaghan told Williams that the defendant would remain silent, and “we’d ask the court to enter pleas of not guilty at this time.”
His attorneys later described the incident as a “misunderstanding.” Peven said it wasn’t a sign that Duncan wants to plead guilty to the charges.
“We’re so many months away from that being a reality, if it turns out to be,” he said. “We have many a mile to go before we’re ready to deal with that issue.”
No guilty plea can be entered before a magistrate at an arraignment, and Peven said Duncan was “well aware” of that.
Duncan, already convicted of murder and kidnapping for the bludgeoning deaths of Brenda Matthews Groene, Mark McKenzie and Slade Groene at their home near Coeur d’Alene, faces new charges in federal court for kidnapping the family’s two youngest children, Dylan Groene, 9, and then-8-year-old Shasta Groene. He allegedly held the children captive at a remote Montana campsite for weeks, where he tortured and molested them, then shot and killed Dylan.
Shasta was found alive when customers and employees at a Coeur d’Alene Denny’s restaurant recognized her in Duncan’s company July 2, 2005. That’s when Duncan was arrested.
The new federal charges include kidnapping, kidnapping resulting in death, aggravated sexual abuse of a minor, and sexual exploitation of a child resulting in death. The exploitation charge includes allegations that Duncan videotaped his attack on the young boy. He also faces firearms charges.
A federal grand jury in Coeur d’Alene issued the indictment Thursday, and in addition to the 10 criminal charges, it includes six pages of special findings warranting the death penalty. The findings state that Duncan intentionally killed Dylan after “substantial planning and premeditation,” and that he did so “in an especially heinous, cruel and depraved manner.” They also found that the child’s killing involved torture and serious physical abuse.
Asked by the judge if he had a copy of the indictment in front of him, Duncan said, “Yeah.” Dressed in an orange prison jumpsuit and canvas sneakers, he appeared pale. His curly hair was wispy and looked to be thinning or graying on top. Wide-eyed, Duncan squirmed, fidgeted and looked alternately at the judge, the papers in front of him and the courtroom ceiling as the charges against him were read.
The judge noted that the plea can be changed at a later time. He set a jury trial on the federal charges to begin March 20 at 9:30 a.m. before U.S. District Judge Edward Lodge in Boise, though that’s now likely to be pushed back.
The Boise courtroom was full. One local attorney who sat in said he came because he wanted to “see evil.”
Duncan also was charged Thursday in the killing of 10-year-old Anthony Martinez in California in 1997, and California officials said they want to extradite Duncan to that state to face those charges. U.S. Attorney Tom Moss said the federal case in Idaho will proceed. “We’re going forward,” he said.
Federal prosecutor Wendy Olson said the formal notice of intent to seek the death penalty will be filed shortly.