[Vision2020] Duncan gets the key thrown away!

[J Ford]

Duncan gets 3 life sentences and the possibility of a Federal Death Sentence 
today:


http://www.kxly.com/static/images/duncan-guilty-facts.pdf

and this:

COEUR D'ALENE -- Family members of three murder victims slain in their Wolf 
Lodge Bay home in May of 2005 are expressing relief that Kootenai County 
Prosecutor Bill Douglas has agreed to a plea deal with triple-murder suspect 
Joseph Duncan.

Under the agreement Duncan pleaded guilty to three murder charges and three 
kidnapping charges for the deaths of Brenda and Slade Groene, and Mark 
McKenzie. Duncan was sentenced to three consecutive life terms for the 
kidnapping charges and the deal does not mean Duncan will avoid the death 
penalty.

Kootenai County postponed the death penalty phase of the trial until after 
federal authorities complete their case. The federal case involves the 
kidnappings of Dylan and Shasta Groene, and the murder of Dylan.

If federal prosecutors do not get a death sentence in their case Duncan will 
be returned to Kootenai County where the death penalty phase on the state 
charges would proceed.

Family members of those slain, including Lee Wood, mother of Mark McKenzie, 
Darlene Torres, mother of Brenda Groene, and Steve Groene, who relayed his 
thoughts using a whiteboard and through his son Jesse, all expressed relief 
and thanks for Monday's verdict.

"Relief ... loud relief ... that justice is finally being done," Lee Wood 
said.

"I am so glad my granddaughter doesn't have to testify," Darlene Torres 
said, referring to Shasta. Sparing his daughter from facing Duncan in court 
has been something that has motivated Steve Groene to get Douglas accept a 
plea agreement with Duncan.

Jesse Groene said that it was hard to sit in the same room with Duncan 
during the hearing.

"I'm glad he'll never see the streets again," Groene said, adding that he 
had some things he'd like to say to Duncan but he couldn't say them "on live 
TV."

Word of the plea deal came late Sunday night after jury selection - which 
was scheduled to begin at 9 a.m. Monday - was canceled.

"The death penalty was never negotiable in this case," Douglas said at the 
conclusion of Monday morning's hearing, adding that Duncan would face "two 
death juries" including one in federal court and that if he does not receive 
the death penalty in federal court he would be immediately returned to Coeur 
d’Alene to face a death penalty jury.

"We're going to keep our powder dry," Douglas said in regard to the 
possiblity that Duncan didn't get the death penalty in federal court.

Monday morning Duncan agreed to confess to the kidnapping and killing of 
Brenda and Slade Groene and Mark McKenzie in their Wolf Lodge Bay home. He 
also agreed to the release of encryption keys to data files stored on 
computer equipment recovered when he was arrested in July 2005 in Coeur 
d'Alene.

"He's willing to do what's the right thing and admit to all the things he's 
done," Peven said during an interview late last week.

In return for his plea on the kidnapping charges Duncan will receive three 
consecutive life sentences without possiblity of parole. Duncan could still 
face the death penalty for the three murders, however.

Prosecutor Bill Douglas previously rejected the deal because it took the 
death penalty off the table, but with the plea agreement keeping it as an 
option Douglas called the agreement a great victory for the families. 
Duncan's attorney also expressed satisfaction with the agreement.

"I'm satisfied with the verdict we reached," Duncan's public defender John 
Adams said. Adams said that Duncan had reached the decision that he had put 
the community through enough trauma and had put the families - particularly 
Shasta and Steve Groene - through enough trauma and agreed to the settlement 
to spare the community any more trauma.

"This is in Mr. Duncan’s best interest," Adams said.

As for Duncan’s reaction to the agreement reached, Adams said "He’s 
satisfied with the agreement."

Adams, who has long sought to get the death penalty off the table, said the 
plea agreement on state charges took the death penalty out of the possible 
sentences Duncan could face in Idaho, contradicting Douglas' interpretation 
of the agreement.

Federal Government will seek death penalty against Duncan

The federal government has already confirmed they would seek the death 
penalty for as of yet unspecified crimes though they would most likely 
include the murder of Dylan Groene in Montana and the kidnapping of Dylan 
and his sister Shasta from their home in Idaho.

Duncan waived extradition during Monday morning's hearing.

In early October a spokeswoman for the US Attorney in Boise says they have 
received permission from the Department of Justice to seek capital 
punishment against Duncan once he is charged for the abduction of Dylan and 
Shasta in May of 2005. That spokeswoman declined to say exactly what federal 
charges Duncan will face in the abduction of Shasta and the slaying of her 
brother Dylan.

In the plea deal that was offered and subsequently rejected Duncan confirmed 
that he knew if he entered a plea in Coeur d'Alene the federal government 
would seek the death penalty against him and he knew that any statements he 
made would be "admissible in evidence" in both state and federal courts.

John Adams confirmed Monday he would continue to serve as Duncan's legal 
counsel through the federal trial.




J  :]

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