Father asks that video be limited

BOISE – Steve Groene, father of the victim, has filed an emergency motion urging U.S. District Judge Edward Lodge to reconsider his order that a graphic video be shown in open court in the Joseph Duncan case.

In Groene’s motion, filed Wednesday, he asked that the video, a key piece of evidence that shows Duncan abusing 9-year-old Dylan before the child’s murder, be shown only on individual monitors rather than on the court’s projection screen. The motion also asks that only one designated reporter be allowed to view the video, and no members of the public; and that “descriptions in the press that discuss what the videotape depicts be limited to the subject matter necessary for the public, through the press, to understand the death penalty process, comprehend what evidence has been presented to the jury for its consideration, and observe the impact that the playing of the video has on the trial participants including the jury, counsel and the defendant.”

The Spokesman-Review, through attorney Duane Swinton, filed a response Wednesday noting that any such restriction on reporting would be an unconstitutional “prior restraint” on the press, and asking the judge to stick by his order.

Groene also sought to prevent anyone in the courtroom from surreptitiously recording and disseminating the videotape; the newspaper said in its response that it had no objection to that request.