Duncan’s next trial set for January

Joseph Duncan will stand trial in January 2008, U.S. District Judge Edward J. Lodge said in an order issued Thursday.

The Jan. 22, 2008, trial date is somewhat of a compromise between the requests by attorneys on both sides of the federal death penalty case.

Duncan’s attorneys were asking that the trial – originally set to begin this week – be delayed 18 months. Federal prosecutors were pushing for a July trial date, saying any later would be too hard on victim Shasta Groene.

The 10-year-old girl is the lone survivor of Duncan’s May 2005 attack in which her mother, 13-year-old brother and mother’s fiance were bludgeoned to death with a hammer.

Duncan, 44, was convicted of those crimes and is serving a life sentence in a Boise prison.

The sex offender is charged in federal court with kidnapping Shasta – then 8 – and her 9-year-old brother Dylan from the crime scene, molesting the children and killing Dylan.

Lodge said a July trial date was too soon and wouldn’t give Duncan’s attorneys enough time to review evidence in the case and prepare his defense. But Lodge ruled that special consideration should be given to the impact a lengthy delay could have on Shasta Groene.

“The events making up the charges in this case occurred two years ago and involve traumatic events to which the child victim is an essential witness,” Lodge said.

Lodge also noted the deteriorating health of the girl’s father, Steve Groene.

Steve Groene testified Monday that he was dying of throat cancer and was concerned he wouldn’t be alive to support his daughter if the trial were delayed until August 2008.

Groene could not immediately be reached for comment Thursday.

Lodge suggested in Thursday’s court order that Steve Groene’s testimony could be taken in a video deposition if it becomes necessary.

Shasta Groene’s court-appointed guardian ad litem, John Sahlin, said he was pleased the trial was not being scheduled as late as the defense had requested.

“I am sorry it interferes with Shasta’s school,” Sahlin said, “but under the circumstances, sooner rather than later is better.”