BOISE, Idaho -- A man convicted in the killing of an Idaho family was charged Thursday in the 2005 abductions of two young children and the slaying of one of them, federal prosecutors said.
Federal prosecutors said the indictment would allow the government to seek the death penalty against Joseph Edward Duncan III, who was charged with murder, kidnapping and sexual assault.
An indictment charged Duncan with kidnapping 9-year-old Dylan Groene near Coeur d'Alene, Idaho, in 2005 for the purpose of sexual assault, and for intentionally killing the boy after torturing him.
Duncan was also charged with kidnapping Shasta Groene, who was 8 at the time, for the purpose of sexually assaulting her. Shasta was rescued at a Coeur d'Alene restaurant seven weeks after her abduction.
The grand jury also charged Duncan with aggravated sexual abuse of the children and for taking them across a state line into Montana. He was also charged with making visual depictions of his sexual assaults on Dylan Groene.
Duncan has already pleaded guilty and is serving life sentences for killing three people in the children's home so he could kidnap them.
Federal prosecutors have already said they intend to seek the death penalty for the registered sex offender.
Earlier Thursday, prosecutors in Riverside, Calif., said they would charge Duncan with the murder of a 10-year-old boy near Indio, Calif., a decade ago. Prosecutors said they also intend to seek the death penalty.
U.S.: Killer confesses to 3 more child killings-- POSTED: 3:26 p.m. EST, January 23, 2007
BOISE, Idaho -- A man accused of kidnapping two Idaho children, killing one of them, after slaughtering their family has confessed to the killings of three other children a decade ago in Washington state and California, federal prosecutors said Tuesday.
The prosecutors cited the confessions to the old killings in court papers saying that intended to seek the death penalty against Joseph Edward Duncan III, who was indicted last week on charges involving the two northern Idaho children.
"The defendant has engaged in a continuing pattern of violence, attempted violence, and threatened violence," prosecutors said. Duncan "is likely to commit criminal acts of violence in the future that would constitute a continuing and serious threat to the lives and safety of others."
Roger Peven, Duncan's attorney, said he had not yet seen the filing and could not immediately comment on it.
Duncan is accused of kidnapping Dylan Groene, 9, and his sister Shasta, then 8, in May 2005, and taking them to the mountains of Montana, where prosecutors say he sexually abused them for weeks before killing Dylan.
Duncan was arrested July 2, 2005, when he and Shasta were spotted at a Coeur d'Alene restaurant. The boy's body was found days later at a remote campsite.
The U.S. attorney's office said Duncan confessed that he killed Carmen Cubias, 9, and Sammiejo White, 11, in Washington state in 1996 and Anthony Martinez, 10, in California in 1997. Officials did not specify to whom Duncan made the confession.
The two girls were kidnapped from the Crest Motel in Seattle in July 1996. Their skeletal remains were found 17 months later in Bothell, a Seattle suburb.
Anthony was forced into a car in Beaumont, California, in April 1997 as his friends looked on. Sixteen days later a forest ranger found the boy's nude, bound body about 70 miles to the east.
Last October, Duncan pleaded guilty in Idaho state court to first-degree murder and kidnapping for the May 16, 2005, hammer slayings of Dylan and Shasta's mother, Brenda Groene; her fiance, Mark McKenzie; and Groene's 13-year-old son, Slade. Prosecutors say he killed them to get the younger children.
If federal prosecutors fail to win a death sentence in the case involving the two younger children, a jury will be chosen in Idaho state court to consider whether to impose the death penalty on the murder counts that Duncan pleaded guilty to in October.
Duncan was charged Thursday in a California state court in Anthony's death. Prosecutors there said they also intend to seek the death penalty.
Duncan is a Tacoma, Washington, native who spent most of his adult life in Washington state prisons for sexual crimes against children.
In 2004, he had been arrested for allegedly molesting a 6-year-old boy and attempting to molest another boy in Detroit Lakes, Minnesota. Authorities say he jumped bail on that charge.
In Boise, prosecutors seeking capital punishment against Joseph Duncan have a lot of evidence, confessions and sympathy on their side. What they don't have is history.
Since the federal death penalty was re-instated in 1988, the government has executed only 3 people. In fact, of the 400 or so cases eligible for the federal death penalty since 1927, only 37 people have been executed. More than half were pleaded out before they got to trial, but that still leaves numerous cases where a jury has refused to recommend execution.
One of the key reasons it's so difficult to execute someone on the federal level is that it's a decision that can only be made by a jury and that jury has to unanimously agree. By law, a judge is not allowed to sentence someone to death. Even a convicted criminal like Duncan can't ask to be executed without going through a trial.
As demonstrated by a 3-week jury selection process to open Duncan's sentencing, this is an extremely time intensive process. And if just 1 juror refuses to cast a vote one way or the other, capital punishment can not be granted.
Then, even if someone is convicted of a crime and sentenced to death, they still get one appeal and the process starts all over again.
Currently there are 55 inmates on federal death row in Terra Haute, Indiana and none of them are from Washington, Idaho, Oregon or Montana. This is the 1st capital case tried in Idaho and, in fact, the first ever tried anywhere in the Inland Northwest.
Still, it seems more than possible that Duncan will be one of the few federal executions in recent memory given videotapes that show him torturing his victims and a virtual mountain of evidence that proves he kidnapped and sexually assaulted Shasta Groene and molested and killed her brother Dylan.
Even if capital punishment is not granted in this federal case, Kootenai County prosecutors have reserved the right to seek the death penalty for the murders of Brenda and Slade Groene and Mark McKenzie.
Failing the death penalty in that case, Duncan would then be moved to California where prosecutors there have already said they would seek the death penalty in the death of a 10-year-old boy Duncan has been convicted of killing. He's also suspected of a pair of Seattle-area killings in 1996.
Duncan faces a long road to avoiding execution and the best he can hope for is life in prison.
(source: KXLY News)
Practice safe sex.....Marry a death inmate...You'll never get none
BOISE, Idaho - Convicted child killer Joseph Edward Duncan III told a federal judge Friday that he wants to represent himself at his sentencing hearing.
A jury is being chosen to decide whether Duncan should be put to death for the abduction and slaying of 9-year-old Dylan Groene in 2005.
"I don't have an issue with counsel personally," Duncan said in court. "It's ideological. I don't believe that they can ethically represent my ideologies."
Duncan did not elaborate on what those ideologies are. But authorities have examined an Internet blog that he kept for months before the slayings which documented his internal struggle against right and wrong, railed against the ostracizing of convicted sex offenders, and offered religious views.
U.S. District Judge Edward Lodge said he needed to make certain that Duncan was competent to waive his right to professional representation. He ordered attorneys on both sides to recommend area psychiatrists or psychologists who can evaluate him.
Duncan pleaded guilty in December to 10 federal crimes stemming from the 2005 kidnapping of Dylan and his then 8-year-old sister, Shasta Groene. Both were taken from their Coeur d'Alene home in May 2005 and sexually abused before Duncan shot and killed Dylan at a campsite in western Montana.
Duncan previously pleaded guilty in Idaho state court to killing the children's mother, Brenda Groene; her boyfriend, Mark McKenzie, and 13-year-old Slade Groene at the family home.
Jury selection for the federal sentencing phase began Monday, but Duncan told Lodge he wouldn't expect a switch to delay the trial.
If Duncan represents himself, it could put him in the position to cross-examine Shasta Groene, the sole survivor of the murders and abduction.
There's an old saw about a lawyer representing himself having a fool for a client .... so how would a non-lawyer fare?
Ted Bundy represented himself in his capital trial in Florida, but the judge allowed it because Bundy graduated from law school (although he never sat for the bar exam -- too busy murdering women, I suppose). Hopefully, the judge who must rule on Duncan's petition will not permit it -- it is, after all, a capital trial. As to Duncan's right to confront witnesses against him -- well, even if the judge allows him to represent himself, he will be required to have an attorney assist him. The judge would be well within his right to preclude any examination of Ms. Groene by the man responsible for the devastation in her life. And any examination of her by the attorney designated to assist Duncan could be conducted in camera, with Duncan absent (although probably allowed to view it in a simulcast). Children are accorded great deference in trial testimony -- and in this horrific instance, with absolute justification.
Last Edit: Apr 18, 2008 16:26:47 GMT -5 by sbusani
wow this man just went to trial? didn't this happen a few years back?
I believe everything happens for a reason. People change so that you can learn to let go. Things go wrong so that you can appriecate them when they're right, you believe lies so you eventually learn to trust no one but yourself, and sometimes good things fall apart so better things can fall together.
seriously: I think Obama should have made them liquidate all their assets both business AND PERSONAL so they could climb over their own pile of s***; instead of expecting the American tax payers to do it.
Sept 1, 2019 20:35:38 GMT -5
seriously: Wake up people! Don't you realize that WE THE PEOPLE don't need the rich, THEY NEED US...to do the work that makes them richer so they don't have to clean their own toilets; and all we get is industrialized meats and crops, GMO's, antibiotic resistance.
Sept 1, 2019 20:38:53 GMT -5
seriously: Patented seed crops, running small farmer's out of business, toxic waste, poisoned water, dirty air, deforestation, global warming. By the way, who even wants to live in a GLOBAL GOVERNMENT world with a GLOBAL ECONOMY?
Sept 1, 2019 20:41:57 GMT -5
seriously: America should be more like Switzerland, fix our own 'broken wagon' and let the rest of the world fix theirs...it's not an U.S.A. problem. Screw oil, it pollutes the earth...GO SOLAR, WIND, WATER POWER! Screw the utility companies!
Sept 1, 2019 20:48:33 GMT -5
seriously: That's my opinion and I'm sticking to it. Best way to topple the rich...eliminate money and go back to the barter system; let the rich wipe their own bums and clean their own toilets...for a change! No more "Groom of the stool" for them.
Sept 1, 2019 20:51:50 GMT -5
seriously: Then banks and wall street can crash all they want; why should we be dragged down with them.
Sept 1, 2019 20:53:16 GMT -5
alanthony 007: hi, its alanthony; attorney " bartner and solicitor " for Miss Darlie Routier. I was out of town working on a high profile case. I'm back with an unusual part of the Law that will set my client free, so shall we proceed. first, everyone must listen to
Nov 27, 2019 20:52:02 GMT -5
Jeffery Daughtery: Walter Barton (Arkie) has been on Missouri's capital punishment row for many, many years. He has been through 5 trials! Each time is guilty. He'll finally go to hell on May 19, 2020...
Feb 22, 2020 20:23:42 GMT -5
Jeffery Daughtery: This site has a locked ARKIE BOARD shouting out his innocence. Shout it out to the devil that his son will be home soon...
Feb 22, 2020 20:25:41 GMT -5
alanthony 008: why would anyone give a s*** about Barton, he is convicted of killing a nobody, and he,s one too.
Mar 20, 2020 4:19:50 GMT -5
alanthony 008: you know.. two pieces of tailor trash, its a waist were even typing about it .. so off he goes, who cares.
Mar 20, 2020 4:30:41 GMT -5