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Duncan asks for a year's delay

Taryn Hecker
Staff writer
October 4, 2007

Attorneys for Joseph Duncan want the convicted killer’s trial delayed another year.

The request is the second attempt by Duncan’s attorneys to push back the federal death penalty case. U.S. District Judge Edward Lodge earlier granted a motion moving the trial from July to January 2008.

In a 19-page motion filed Wednesday in federal court, defense attorneys ask for a delay until Jan. 19, 2009. Among the reasons: one lead attorney stepped down for “personal reasons” and defense investigators didn’t begin interviewing potential witnesses until June.

“The legal and ethical obligations of defense counsel in a capital case have not been met,” Duncan’s attorneys wrote.

Duncan faces the death penalty if convicted of kidnapping and other crimes against Dylan and Shasta Groene, including 9-year-old Dylan’s death.

Duncan admitted last fall to the May 2005 murders of the children’s mother, Brenda Matthews Groene, 13-year-old Slade Groene and Mark McKenzie.

A Kootenai County judge sentenced Duncan to life in prison for related kidnapping charges – the victims were bound with duct tape.

If Duncan doesn’t receive a federal death sentence, he could still face the death penalty in Kootenai County for the three murders.

The federal charges stem from the kidnapping of Dylan and Shasta Groene, who were taken from the murder scene at their home east of Coeur d’Alene. The children were held captive at a remote Montana campsite were Duncan allegedly sexually abused them before killing Dylan.

Duncan’s attorneys said in Wednesday’s court filing that their failure to be prepared for a January 2008 trial was not intentional, but was due to “logistical and practical obstacles, administrative and budgetary delays, and other failures resulting from non-case related issues personal to the lead defense counsel.”

Federal Public Defender Roger Peven, who was lead counsel and consulted with Duncan since his July 2005 arrest, recently stepped aside due to personal reasons, according to the filing. Judy Clarke, an attorney who defended Ted “Unabomber” Kaczynski and child-killer Susan Smith, is now leading Duncan’s defense.

When Lodge ruled to delay the case initially, he said 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.

He also mentioned the deteriorating health of the girl’s father, Steve Groene, who has cancer.

Groene said Thursday that he was aware of the request for a continuance, but couldn’t comment due to a gag order in the case.

Reach Reporter Taryn Hecker at (208) 765-7121 or by e-mail at tarynh@spokesman.com.

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