Judge splits Duncan ruling

Federal prosecutors can’t have a log of Joseph Duncan’s prison visitors, but U.S. District Judge Edward Lodge is allowing prosecutors to see some of the convicted killer’s mail.

Defense attorneys filed a sealed motion for a protective order to keep prosecutors from obtaining the information, which they argued would reveal defense strategy in the federal death penalty case.

Duncan is charged with crimes against Shasta and Dylan Groene, including kidnapping both and the murder of 9-year-old Dylan. The two children were taken from their home near Coeur d’Alene in May 2005 after Duncan murdered their mother, 13-year-old brother and mother’s fiancé.

Duncan’s attorneys contend that releasing logs of his visitors to prosecutors is unfair because a “non-incarcerated defendant would not have to reveal similar information to the government.” But prosecutors say the information would be public, anyhow, under the Idaho Public Records Act.

Lodge said the records are exempt from disclosure because they could reveal potential expert witnesses in the case.

As for Duncan’s jailhouse correspondence, Lodge said the prosecution has a legitimate interest in having the records “for the purpose of discovering evidence of past criminal activity and preventing any future crimes or criminal conduct.”

The judge said the government can only have mail that isn’t protected by attorney-client privilege.

The trial in the case is set for January in Boise.