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July 14, 2005
Duncan impassive as charges read
Suspected killer appears on six capital counts
COEUR d'ALENE -- Suspected Wolf Lodge Bay triple killer Joseph Edward "Jet" Duncan III said nothing on Wednesday as he made his first appearance in magistrate court on more charges that could send him to death row.
Duncan, 42, of Fargo, N.D., sat wearing the red jail scrubs of a high-security prisoner as he fiddled with handcuffs attached to belly chains locked around his waist. Magistrate Judge Benjamin Simpson read Duncan the six-count complaint charging him with six capital counts, three each of first-degree murder and first-degree kidnapping.
Duncan is charged in the complaint with killing Brenda Kay Groene, 40, her son, Slade Groene, 13, and boyfriend Mark Edward McKenzie, 37, late night May 15 or early morning May 16 at their Frontage Road home. The kidnapping counts stem from allegations the victims were bound and held at the point of a shotgun before they were beaten to death with a framing hammer.
When Simpson asked Duncan if he could hear him over the video link to the Kootenai County jail, his lawyer, chief deputy public defender Lynn Nelson said he could.
"He has instructed me he wishes to remain silent as much as possible during these proceedings," Nelson said.
Duncan was also charged with kidnapping Brenda Groene's two youngest children, Shasta, 8 and Dylan, 9.
Shasta was rescued from Duncan early the morning of July 2 after ordering a vanilla milkshake at the Coeur d'Alene Denny's restaurant. Dylan's remains were found two days later at a remote campsite in the Lolo National Forest outside St. Regis, Mont.
On Wednesday, Kootenai County Prosecutor Bill Douglas moved to dismiss those kidnap charges in favor of federal prosecution in the future.
"This motion is based on the fact that the interstate nature of the kidnapping charges makes it an appropriate matter to be prosecuted by the United States Attorney's Office," Douglas said.
From interviews with Shasta and evidence collected from the stolen Jeep Laredo Duncan allegedly used to abduct the children, authorities said it appeared the level III registered sex offender stalked the family for days before the killings and kidnappings.
As Simpson read the charges during Wednesday's hearing, Duncan often looked off camera or sat stock still with his eyes closed, peering down at his shackled hands.
At times, he appeared to pout and hold back tears; at others, he stared directly into the camera with a look which appeared to border on defiance.
Duncan was again ordered held without bail.
After reappointing the public defender's office to represent him, Simpson again ordered Duncan to have no contact with Shasta or any remaining members of her family.
He then set a preliminary hearing to be held in front of Magistrate Judge Scott Wayman on July 27. Since the earlier kidnapping charges were dismissed, next Tuesday's scheduled preliminary hearing on those counts were vacated.
There was still no information forthcoming in connection with the death of Dylan while he was in Duncan's custody.
Federal authorities said they would defer prosecution on his and Shasta's abductions until after the Kootenai County case is resolved. Since Dylan's death is tied to the kidnapping, those officials said any charges would be connected to that case as well.
However, officials said it's possible information about when, where and how Dylan died, as well as how the body was disposed of, could come out during the course of the state's case.
Duncan, who was convicted in Pierce County, Wash., in 1980 of sexually assaulting a 14-year-old boy at gunpoint, served nearly 18 years on the charge and subsequent parole violations. He was released in April on $15,000 bail in Becker County, Minn., after he was summoned to court on new charges he molested a 7-year-old boy in July 2004.
Meanwhile, 1st District Judge John Mitchell on Wednesday granted a motion to allow Dylan's 18-year-old brother, Jesse, a furlough to attend the boy's funeral on Saturday.
Mitchell agreed to the request to have Jesse Groene brought back from the Shoshone County Jail, where he is awaiting transportation to the Idaho State Prison's diagnostic unit on his felony convictions for burglary and damaging a lock at the Kootenai County jail.
Both boys' father, Steve Groene, told Mitchell law officers had offered to assist in getting Jesse back to town in time for the funeral and returning him to custody.
Mitchell released Jesse Groene once before without incident for the funeral of his mother and brother, Slade.
Jesse Groene's public defender, Martin Neils, also said he was told Dylan's public funeral, set for 1 p.m. at the Real Life Ministries church in Post Falls, might have to be postponed to accommodate the illness of another family member.
Mitchell told Neils to keep him informed of any possible changes.
Posted by Nealus at July 14, 2005 03:57 PM
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