Victims Advocacy Group calls for Judge Schroeder's resignation

[Shazzie]

http://washingtontimes.com/culture/20050711-095638-8876r.htm

A national victims' rights group is demanding the resignation of the Minnesota judge who set what they called a low bail for the convicted sex offender who has been accused of killing an Idaho family, kidnapping and molesting the two young children, and killing the boy.

More at the above link.

[Shazzie]

Here's a link to the press release put out by the above-mentioned group (Throw Away the Key):

http://releases.usnewswire.com/GetRelease.asp?id=50008

Here's the part about Judge Schroeder:

Minnesota District Judge Thomas Schroeder, who set bail at just $15,000 for Joseph Edward Duncan III in April, should resign. "The judge makes $115,000 per year, and whether it was incompetence or indifference, his error has led to a trail of death and destruction," said Michael Paranzino, president of Throw Away The Key. "It's time to hold judges accountable for their terrible decisions that endanger us regular people." At the time of his bail hearing, Duncan was a convicted violent child rapist being held for another sex offense against a child.

Here is a link to this group's website: http://www.throwawaythekey.org/

[Casshew]

killing an Idaho family, kidnapping and molesting the two young children, and killing the boy.
.
I hate when the media sanitizes the crimes by saying 'molested' it makes it sound like inappropriate touching or something. Rape, sodomy, torture, psychological & physical abuse is should be called what it is.

[Jeana (DP)]

Here's a link to the press release put out by the above-mentioned group (Throw Away the Key):

http://releases.usnewswire.com/GetRelease.asp?id=50008

Here's the part about Judge Schroeder:

Minnesota District Judge Thomas Schroeder, who set bail at just $15,000 for Joseph Edward Duncan III in April, should resign. "The judge makes $115,000 per year, and whether it was incompetence or indifference, his error has led to a trail of death and destruction," said Michael Paranzino, president of Throw Away The Key. "It's time to hold judges accountable for their terrible decisions that endanger us regular people." At the time of his bail hearing, Duncan was a convicted violent child rapist being held for another sex offense against a child.

Here is a link to this group's website: http://www.throwawaythekey.org/



AMEN!!!!!!! :clap: :clap: :clap: :clap:
(That's all the judge makes????)

[mysteriew]

Someone ought to give this group a heads up on the judge I just posted in Crimes in the News.

[Cowgirl]

As I was flipping stations a moment ago, I heard Bill O'Reilly on Fox say that he is investigating the situation with this judge and is also having his staff investigate the friend who gave Duncan the $15K to make bond. Good. I want these people, even if they are not involved in anything creepy, I want them embarrassed to the hilt. How dare they enable this criminal. WTF is wrong with them? At the very least this guy is a stupid azz. And I suspect much more. After the media gets through with him, he will have to close down his business. Good. I hope he never rests easy ever again in life.

[Cowgirl]

I hate when the media sanitizes the crimes by saying 'molested' it makes it sound like inappropriate touching or something. Rape, sodomy, torture, psychological & physical abuse is should be called what it is.I agree, particularly when they tie the child up, let her see her older brother stagger dazed out of the house on the way to his death, march her through the crime scene so she can see her bloody dead mother's body, and then show her the bloody hammer he killed them all with. Is there no end to this monster's depravity? And should there not be some special Bubba for him to share a cell with?

[newtv]

I hate when the media sanitizes the crimes by saying 'molested' it makes it sound like inappropriate touching or something. Rape, sodomy, torture, psychological & physical abuse is should be called what it is.
I think he should resign as well-its criminal to let a criminal run free when they have this monsters background.

[newtv]

Someone ought to give this group a heads up on the judge I just posted in Crimes in the News.
okies- i will go read what u have posted my friend.

[jblfelines]

These lawyers and Judges that allow the criminals to run loose should be made to pay for their part in harming society.

That Judge sure does need to resign and I am glad they are going after him. He is a menace to society.

[kpass]

A sex offender "with predatory tendencies" was prescribed Viagra when he lived at a recently shuttered south suburban nursing home, Illinois Attorney General Lisa Madigan disclosed Tuesday.

http://www.suntimes.com/output/news/cst-nws-nurse13.html

I'M APPAULED AT THIS! Hello!!!!!! Does anyone know who these SEX OFFENDERS/PREDATORS are? THAT'S why they need to be 'labeled' somehow...This is unbelievable!!!!!! :banghead: :furious:

[Cowgirl]

A sex offender "with predatory tendencies" was prescribed Viagra when he lived at a recently shuttered south suburban nursing home, Illinois Attorney General Lisa Madigan disclosed Tuesday.

http://www.suntimes.com/output/news/cst-nws-nurse13.html

I'M APPAULED AT THIS! Hello!!!!!! Does anyone know who these SEX OFFENDERS/PREDATORS are? THAT'S why they need to be 'labeled' somehow...This is unbelievable!!!!!! :banghead: :furious:It is this situation that has caused the government to make moves to stop paying for welfare Viagra. Isn't that disgusting? Our government refuses to pay for birth control but paid for men to get it up. Only when it was revealed that they were paying for criminals to get it up did they get a clue and stop paying for it!

[Shazzie]

I agree, particularly when they tie the child up, let her see her older brother stagger dazed out of the house on the way to his death, march her through the crime scene so she can see her bloody dead mother's body, and then show her the bloody hammer he killed them all with. Is there no end to this monster's depravity? And should there not be some special Bubba for him to share a cell with?To bad Coeur D'Alene is in Idaho, instead of California. I hear there's a guy down at Corcoran who was REALLY disappointed when he found out Jacko wasn't going to be moving in with him. I'll bet he'd be willing to take JED as a substitute.

Typed with my tongue wedged firmly into my cheeck. :innocent:

[SpringTxMom]

:furious: A judge who sets bail at $15000, a businessman who gives him the $15000 to post bail and a doctor who gives him $6500 for attorney's fees. All three played a role in what happened to Shasta and her family by aiding this known predator. I wonder if Shasta could file a wrongful death suit against any of them.

[Cowgirl]

:furious: A judge who sets bail at $15000, a businessman who gives him the $15000 to post bail and a doctor who gives him $6500 for attorney's fees. All three played a role in what happened to Shasta and her family by aiding this known predator. I wonder if Shasta could file a wrongful death suit against any of them.There is always an attorney who will file any lawsuit a person wants to file. As for the judge, there could actually be laws protecting him from it. But as far as the doctor and the other friend go, both of them claim to have believed the stories of his innocence in regard to the charges in Detroit Lakes. And surely no one -- even those who knew he was still a sicko and a threat -- no one could know he was capable of or planning this horror so I doubt that such a lawsuit would get anywhere.

Duncan is responsible, all alone, legally. Now morally, I don't know how those three fools live with themselves.

[Bobbisangel]

As I was flipping stations a moment ago, I heard Bill O'Reilly on Fox say that he is investigating the situation with this judge and is also having his staff investigate the friend who gave Duncan the $15K to make bond. Good. I want these people, even if they are not involved in anything creepy, I want them embarrassed to the hilt. How dare they enable this criminal. WTF is wrong with them? At the very least this guy is a stupid azz. And I suspect much more. After the media gets through with him, he will have to close down his business. Good. I hope he never rests easy ever again in life.


Bill O'Reilly is like a dog with a bone when he focusses on something that he doesn't like. The other night he must have repeated that judges name 20 times so that people would remember it. He also said that the business man who bailed Duncan out said "he told me he didn't do it and I believed him."
Just like that huh!!! That is a heck of a lot of money to just hand someone without checking them out....especially with a charge like that. Bill gave the business man's name but I can't remember it. Bill will get to the bottom of it. He said the judge is on vacation right now so he was unable to contact him.

Nancy Grace had the paperwork from the courts....the judge and Duncan. The Pros did tell the judge that Duncan had been in prison for child rape and so the judge knew what Duncan was. There is no excuse for that judge allowing Duncan to post bail. I hope he is forced to resign. He doesn't deserve to set on that bench. He should be arrested for stupidity.

[Incognito]

http://www.in-forum.com/ap/index.cfm?page=view&id=D8BG7CN80

A judge who's under fire for allowing sex offender Joseph Edward Duncan III to go free on bail is regarded locally as so tough that defendants try to avoid him, defense attorneys say.
Judge Thomas Schroeder has been removed from 98 court cases in the past year, more than any other judge on a list compiled by Minnesota's 7th Judicial District.

[Berksleuth]

I absolutely love Bill O'Reilly and Nancy Grace's position on victim advocacy.

I remember in the Daniel Van Damm case, Bill O'Reilly made a statement regarding the defense attorney Steve Feldman, "we need to put him out of business".

Nancy Grace said this judge Schroeder is in an elected position. Hopefully he will not be reelected. This judge has a second opportunity to stand up against child sex offenders. Since he grossly fumbled the first, the second would be to resign.

[SpringTxMom]

http://www.in-forum.com/ap/index.cfm?page=view&id=D8BG7CN80

A judge who's under fire for allowing sex offender Joseph Edward Duncan III to go free on bail is regarded locally as so tough that defendants try to avoid him, defense attorneys say.
Judge Thomas Schroeder has been removed from 98 court cases in the past year, more than any other judge on a list compiled by Minnesota's 7th Judicial District.
If this judge is so "tough on crime", what was his problem on the day he set bail for JED??? Also, what was the problem with the DA only requesting 25k bail for a repeat offender???

[Cowgirl]

If this judge is so "tough on crime", what was his problem on the day he set bail for JED??? Also, what was the problem with the DA only requesting 25k bail for a repeat offender???He claims he was only told that Duncan's prior record was for a 25 year old juvenile sex offense and was not told the guy was a Level 3. I guess if you don't consider that almost 20 of those 25 years were spent behind bars, it might seem like Duncan had behaved himself all that time. And if you don't have his complete record, you would not know that he was in and out of trouble all of his life whether in prison or not.

The level three info is what really bothers me. That is what tells LE or the Court that there is a serious offender in front of them. And the prosecutor is partially to blame for not making sure the judge knew all the facts.

[dragonfly]

I found this document very interesting it shows how the authorites evaulated and calculated to determine what level an offender is classified.

• Sex offender risk classification (http://www.spokesmanreview.com/sections/groene/documents/risk_classification.pdf) (2000)

To be a level lll he would only have to score higher than 46..Duncan's score was 69!

[SpringTxMom]

He claims he was only told that Duncan's prior record was for a 25 year old juvenile sex offense and was not told the guy was a Level 3. I guess if you don't consider that almost 20 of those 25 years were spent behind bars, it might seem like Duncan had behaved himself all that time. And if you don't have his complete record, you would not know that he was in and out of trouble all of his life whether in prison or not.

The level three info is what really bothers me. That is what tells LE or the Court that there is a serious offender in front of them. And the prosecutor is partially to blame for not making sure the judge knew all the facts.
ANY TIME the victim is a child, the DA should review the perps ENTIRE record!!! I would think the DA would review all information on every case, but if the work load is too much, then they should give special attention to cases involving children and/or violence.

[Liz]

ANY TIME the victim is a child, the DA should review the perps ENTIRE record!!! I would think the DA would review all information on every case, but if the work load is too much, then they should give special attention to cases involving children and/or violence.


I think that's a splendid idea! If the cities, counties and states can afford to do that, during this day and age when those entities, everywhere in the country, seems to be suffering financially.

I know, I know -- They need to find the money, somehow!

[CountryGirl]

He claims he was only told that Duncan's prior record was for a 25 year old juvenile sex offense and was not told the guy was a Level 3. I guess if you don't consider that almost 20 of those 25 years were spent behind bars, it might seem like Duncan had behaved himself all that time. And if you don't have his complete record, you would not know that he was in and out of trouble all of his life whether in prison or not.

The level three info is what really bothers me. That is what tells LE or the Court that there is a serious offender in front of them. And the prosecutor is partially to blame for not making sure the judge knew all the facts.

I agree 100%! The hearing .pdf is online and the judge asked the DA why he was asking for $25K when he only issued a summons for Duncan (versus having deputies go out and arrest him, IMO). The DA said something about circumstances he didn't wish to discuss in open court so the judge had them all go in chambers. That discussion wasn't in the transcript. I hope it comes out because otherwise we'll never know the truth.

http://www.spokesmanreview.com/sections/groene/documents/040505_mnarraign.pdf

[SewingDeb]

I don't know where to post this, but there was talk of a million mom march and it looks like someone is already using this name:
http://www.ncmmm.org/artshow.html

NC Million Mom March Student Artists Exhibition
An opportunity for you to exhibit and sell your work and to help raise funds to stop gun violence.

[SewingDeb]

I don't get the connection at all????

Million Mom March --- Gun violence --- Calling for Judge Schroeder's Resignation ------ Hmmmmmm....


Maybe I'm just overly tired but could someone please explain the connection? :confused:

Hey Liz,
There is no connection. I just can't find the thread on Websleuths where they are trying to get laws for sexual predators tightened and there is talk about a Million Mom March. I thought someone reading this thread could direct me so I can let them know another group is already using the Million Mom March idea for a different cause.

Sorry to confuse you.

[becca]

It is on Jessie's threads... and we already know the name is taken. Thanks Deb..

becca

[Cowgirl]

I found this document very interesting it shows how the authorites evaulated and calculated to determine what level an offender is classified.

• Sex offender risk classification (http://www.spokesmanreview.com/sections/groene/documents/risk_classification.pdf) (2000)

To be a level lll he would only have to score higher than 46..Duncan's score was 69!After reading this classification summary as well as the transcript that Dragonfly posted of the bail hearing, I would love to know what they talked about in camera! What on Earth did the DA say in there? And I would also love to know if the judge stipulated a cash bond. It seems from the transcript that perhaps that was the case. But I wonder why the judge is not defending it that way?

http://www.spokesmanreview.com/sections/groene/documents/040505_mnarraign.pdf

It is possible that the judge perhaps did stipulate a cash bond and thought that Duncan would not be able to make it. Duncan may have had enough cash from the money Dr Wacksman gave him to post 10% but he had to know if he didn't make good on that check, he would be a wanted man immediately. I would like to know what they said in chambers though! It may be that if we did, we might be asking for the DA's head on a platter too. From the transcript:

page 3:

8 MR. FRITZ: Yes, Your Honor.
9 At this time, Your Honor, I'd like to file with
10 the Court the state's Rule 7.01 notice, provide a
11 copy of the same to Mr. Fisher.
12 Your Honor, at this time, I'd also
13 like to address conditions of release.
14 THE COURT: All right. It
15 was a summons. What is the request of the
16 state?
17 MR. FRITZ: That's correct,
18 Your Honor.
19 Your Honor, we're asking the Court
20 to set bail or bond in this matter in the amount
21 of $25,000. If he posts under the bond, that the
22 Court impose the following conditions: That he
23 have no contact with the victims; that he have no
24 contact with minors; that before he leaves today,
25 Your Honor, that because he is a North Dakota

page 4

1 resident, that he sign a waiver of extradition;
2 that he -- Court order, of course, that he make
3 all court appearances; that he keep in contact
4 with his attorney, remain law abiding.
5 We also ask the Court to impose to
6 order that he report to a probation agent -- to
7 assign the probation office and report on a
8 regular basis, pending the outcome of these
9 proceedings.
10 THE COURT: You're asking for
11 all that? I'm puzzled as to why this was a
12 summons.
13 MR. FRITZ: Your Honor, there
14 were a number of different reasons, originally,
15 as it went out as a summons, and I'm going to
16 refrain from making those comments in open court
17 at this time, because of the investigation that
18 went on.
19 THE COURT: Mr. Fisher?
20 MR. FISHER: Judge, it
21 appears to me that because of the summons, and he
22 did show up today, although, I had to continue it
23 from yesterday to today; he has not committed any
24 kind of violations of any kind since he has been
25 in Fargo. This is the first violation that's

page 5

1 come to anybody's attention. He is a student at
2 NDSU, and he is going to finish his degree of
3 computer science within the month, and he has
4 some projects he needs to address to get his
5 degree.
6 He also works two jobs. He is a
7 computer software developer for a company in
8 Fargo. He is, of course, a registered sex
9 offender, Judge, and they made their most recent
10 visit to him -- the Fargo police did -- last
11 week, and he has been absolutely law abiding and
12 been a consistent resident and a person who is
13 taking his obligations as a citizen very
14 seriously.
15 I would ask Judge, if you're going
16 to impose a money bond, that you make it a 10
17 percent bond, and set it at $10,000, so that
18 there is some opportunity then for Mr. Duncan to
19 to preserve some of his resources.
20 The other conditions, Your Honor,
21 report to the probation agent, Judge, I hope that
22 you will do that by phone. He will be in touch
23 with me all the time, and I will report to the
24 Court if I get the first word that he is going
25 any place else. But waiver of extradition is not

page 6

1 a problem. Obviously, no contact with the
2 victims or minors is not a problem.
3 THE COURT: Okay. Mr.
4 Fritz?
5 MR. FRITZ: Obviously, Your
6 Honor, the conditions of release can be addressed
7 at any time, and I stand by my previous request.
8 THE COURT: Well, I'm going
9 to need to have more information. You're not
10 willing to disclose some things in open court,
11 and we'll just going to have to recess to
12 chambers. There is quite a difference between
13 the 25 that you're asking for, and the 10 that
14 Mr. Fisher is asking for. So we'll recess to
15 chambers, at this time.

What the heck did they talk about and was it stipulated that the bond be all cash? Since it wasn't in the transcript, it sounds like it was off the record, so we may never know unless someone spills it.

[dragonfly]

http://www.in-forum.com/articles/index.cfm?id=100466&section=NewsA

Frazee, Minn., man is charged in Becker County District Court with having sexual contact with a young girl.

Duane Everett Jones Jr., 45, forced contact with a girl under the age of 13 while four other children watched, a court complaint said

Jones remained in the Becker County Jail Monday night.

During the hearing, Judge Thomas Schroeder set bond at $100,000.
Schroeder received criticism in July after a high-risk sex offender, Joseph Edward Duncan III, of Fargo, was arrested in Idaho and later charged with killing three people in a scheme to kidnap and molest two children.

At the time of his arrest, Duncan was being sought for skipping out on $15,000 bail Schroeder had set for him in a Becker County child molestation case.

[Yankeee]

After reading this classification summary as well as the transcript that Dragonfly posted of the bail hearing, I would love to know what they talked about in camera! What on Earth did the DA say in there? And I would also love to know if the judge stipulated a cash bond. It seems from the transcript that perhaps that was the case. But I wonder why the judge is not defending it that way?.......we might be asking for the DA's head on a platter too.
It think that's a good question! I wonder if both the cops and the prosecutor were simply napping. I've heard on TV (I forget where, exactly--an interview on one of the cable news shows), that in Minnesota a judge ~cannot~ refuse bail entirely. Judge Shroeder had to offer some kind of bail arrangement. Does anyone know if he's allowed to demand more than the prosecutor requests?

The judge says in the transcript that he's surprised Duncan was given a summons. Does anyone know the exact definition of "summons" and what the alternatives would have been? My general impression is the police could have simply arrested and held Duncan. Instead, they sent him a letter and asked if he would kindly appear voluntarily. Also, the incident happened in early July, 2004, but he wasn't called to court until something like 8 months later. Why the long delay? You'd think when a Level III offender is fingered as a suspect in a child molestation case, the police would be on him like a rash.

I'm not sure the judge is the villain here.

Maybe one of the reforms we need to demand is that all court procedings be part of the public record. It's maddening to think he was turned loose as the result of some secret conversation.

(My theory is that Crary and Duncan had a prior arrangement -- Crary said, "Jet, just go ahead and pay whatever you have to to get bail, and I'll cover it." If the Judge had asked for $150,000 bond Duncan would have paid Crary's $15,000 to a bail bondsman and the result would have been the same -- except for the fact that the bondsman would have been hot on his trail as soon as Duncan left Fargo. Unless the bondsman was a close friend of Crary... or Wacksman... or... LOL)

Another thing that bothers me is that Duncan's attorney, Dennis Fisher, assured the Judge he and Duncan would be in constant contact. When Duncan's check to Fisher bounced, Fisher withdrew from the case. When exactly did he tell the court he was dropping Duncan's case? Did Fisher ever report back to the court about Duncan's whereabouts? It seems to me Fisher should still have been required to keep his promise to the court to ride herd on Duncan. Fisher should also have to add a written statement to the case file explaining that when Fisher told the court Duncan had not been in any trouble in Fargo Fisher "um... forgot" that Duncan had stalked Fisher's daughter, and that Megan Fisher had filed a complaint about it with the Fargo police.

Go get 'em, Cowgirl! :)

[tired.old.hag]

The judge says in the transcript that he's surprised Duncan was given a summons. Does anyone know the exact definition of "summons" and what the alternatives would have been? My general impression is the police could have simply arrested and held Duncan. Instead, they sent him a letter and asked if he would kindly appear voluntarily. Also, the incident happened in early July, 2004, but he wasn't called to court until something like 8 months later. Why the long delay?
Excellent questions, yankee. Also excellent question, cowgirl, about what exactly was said in chambers.

Some info regarding two other questions above. I'm sorry I didn't save the links:
The bail bond was 10% cash.
Dennis Fisher requested to withdraw from the case the day after the check bounced.

[Cowgirl]

It think that's a good question! I wonder if both the cops and the prosecutor were simply napping. I've heard on TV (I forget where, exactly--an interview on one of the cable news shows), that in Minnesota a judge ~cannot~ refuse bail entirely. Judge Shroeder had to offer some kind of bail arrangement. Does anyone know if he's allowed to demand more than the prosecutor requests?

The judge says in the transcript that he's surprised Duncan was given a summons. Does anyone know the exact definition of "summons" and what the alternatives would have been? My general impression is the police could have simply arrested and held Duncan. Instead, they sent him a letter and asked if he would kindly appear voluntarily. Also, the incident happened in early July, 2004, but he wasn't called to court until something like 8 months later. Why the long delay? You'd think when a Level III offender is fingered as a suspect in a child molestation case, the police would be on him like a rash.

I'm not sure the judge is the villain here.

Maybe one of the reforms we need to demand is that all court procedings be part of the public record. It's maddening to think he was turned loose as the result of some secret conversation.

(My theory is that Crary and Duncan had a prior arrangement -- Crary said, "Jet, just go ahead and pay whatever you have to to get bail, and I'll cover it." If the Judge had asked for $150,000 bond Duncan would have paid Crary's $15,000 to a bail bondsman and the result would have been the same -- except for the fact that the bondsman would have been hot on his trail as soon as Duncan left Fargo. Unless the bondsman was a close friend of Crary... or Wacksman... or... LOL)

Another thing that bothers me is that Duncan's attorney, Dennis Fisher, assured the Judge he and Duncan would be in constant contact. When Duncan's check to Fisher bounced, Fisher withdrew from the case. When exactly did he tell the court he was dropping Duncan's case? Did Fisher ever report back to the court about Duncan's whereabouts? It seems to me Fisher should still have been required to keep his promise to the court to ride herd on Duncan. Fisher should also have to add a written statement to the case file explaining that when Fisher told the court Duncan had not been in any trouble in Fargo Fisher "um... forgot" that Duncan had stalked Fisher's daughter, and that Megan Fisher had filed a complaint about it with the Fargo police.

Go get 'em, Cowgirl! :)Even though it is not customary to exceed what a prosecutor is asking for, a judge can always set whatever bond he feels is appropriate. But in regard to the summons, most of the time, when a charge is considered serious, the person is arrested and has to bond out from that arrest. Very often that original bond is much higher and is lowered once the person goes to court for arraignment. Perhaps in Minnesota it is customary for a summons to be the method (which is just sent in the mail) if the perp is not on a warrant already in his home state or something? It is obvious that a summons is the easier method but would indicate a less serious situation than an arrest. I think that is why the judge is saying, if this is such a dangerous guy, why no arrest? And if it were such a dangerous guy, would he have shown up? But what they talked about in camera is what has me curious, still. And I know it can be stipulated that the bond be cash or a 10% bond, sometimes backed up with a deed to property as well.

In this case, there was no bondsman involved. As far as Fisher and his promises, those are routine by all attorneys. They always say they will be in contact. You notice he mentioned to the judge that he was asking for the lower bond so that Duncan could have money for other things, like him! He probably gave Fisher a personal check and asked him to hold it before depositing it, which is often the case with a client trying to get out on bond and pay for an attorney at the same time. It would be interesting to know if and when Duncan called the car rental agency down in St Paul to reserve the Jeep or whether he just walked in. That would tell us something about whether his plan to split existed even before he went to court that day. I would bet that was his last contact with Fisher and after waiting a few days, Fisher had to deposit the check to let it bounce... the promises to stay in touch by the attorney are pretty routine.

[Cowgirl]

Excellent questions, yankee. Also excellent question, cowgirl, about what exactly was said in chambers.

Some info regarding two other questions above. I'm sorry I didn't save the links:
The bail bond was 10% cash.
Dennis Fisher requested to withdraw from the case the day after the check bounced.TOH, where did you get this info that the bond was 10% cash? It is not in the transcript. If it has appeared in print, it may be an assumption since that is the usual way things go. Duncan was from another state though, and that would complicate things on a bond, especially from a registered sex offender and I think Duncan knew that and it is why he didn't use a bondsman. He may have known no bondsman would touch it without property to guarantee the bond, or he may not have even tried.

And we know Fisher withdrew after the check bounced. The question is, when was that?

[AdoraBlue]

"Out, damned spot! out, I say!"

http://www.in-forum.com/articles/index.cfm?id=100466&section=NewsA

During the hearing, Judge Thomas Schroeder set bond at $100,000.
Schroeder received criticism in July after a high-risk sex offender, Joseph Edward Duncan III, of Fargo, was arrested in Idaho and later charged with killing three people in a scheme to kidnap and molest two children.

[Incognito]

I live in Minnesota and have sat in the courtroom many times. I have watched prosecutors ask for specific bonds and most of the time the Judge goes along with whatever they ask. It is a rare occassion to see a Judge give a higher or lower bond than what is asked for. It works the same way in sentencing.

It is not customary for a summons to be sent. I can think of no other reason that one was sent in this case than Duncan was from out of State and they chose the lazy, cheaper way of doing it.

Several months had passed between the time the boys were exposed to Duncan and his summons. I'm not 100% sure on this but I thought the reason was he hadn't been identified immediately by them. If anyone knows for sure please let me know.

This was a cash bond and Duncan was required to pay the total amount. None of the Counties near me take checks and I'm surprised Becker County still does. Maybe that policy has been changed now.

As far as what was said in Judges chambers, we may never know. Most of the time it is off court record and the court reporter is not even in the room. My theory is that the investigation was ongoing. The computers, cameras etc that were taken during that search had not all be thoroughly checked out, but they thought there might be more they would uncover.

[Cowgirl]

Several months had passed between the time the boys were exposed to Duncan and his summons. I'm not 100% sure on this but I thought the reason was he hadn't been identified immediately by them. If anyone knows for sure please let me know. The Detroit Lakes offense occurred on July 3, 2004. I don't know for sure what day the victims identified Duncan, but six days later, on July 9th, a Becker county detective called him about it and he wrote a post about "here we go again" in his blog, saying how a cop wanted him to come over to Detroit Lakes for a chat about the incident, playing that he knew nothing. He got a lawyer (Fisher) instead and didn't go. But in any case, the kids must have made the identification shortly after it happened or else they could not be having chats with Duncan that soon. It was over a month before they searched his house and car in connection with the offense though, on August 20th, and he said they took his laptop, his home computer, some 5 cameras, a camcorder, and various cd's, tapes, etc. on his blog. I imagine he was able to get rid of whatever was done on the camcorder during the month after his chat with the detective and before the search. Now why it took another six months to mail him a summons? That is beyond me. Perhaps they were doing some background investigation, but one would think if they were, they would have realized what a creep this guy is. Maybe his seeming "rehabilitation" of working and going to college fooled them?

[Liz]

This was a cash bond and Duncan was required to pay the total amount. None of the Counties near me take checks and I'm surprised Becker County still does. Maybe that policy has been changed now.


Incognito, that policy has indeed been changed.

I'm sorry I cannot provide a source, but I am certain that I heard or read that Becker County's check acceptance policy has since come to a screeching halt.

[tired.old.hag]

March 28: Duncan began meeting with defense attorney Dennis Fisher about his case.

March 29: Duncan signed a contract with Dennis Fisher and gave him a $10,000 retainer check, court records show.

April 29: Duncan’s attorney for the Becker County case, Dennis Fisher of Moorhead, was granted permission to withdraw from representing Duncan because a $10,000 check he had paid for Fisher’s legal services bounced.

[Cowgirl]

Thanks, TOH, for that date on Fisher getting permission to withdraw. I wonder when he actually deposited the check or found out it bounced. I wonder how long the "getting permission to withdraw" from a case takes too. And I really wonder why Fisher would have represtented this azzhole in the first place, given what he did with his daughter, or what she accused him of doing...

[tired.old.hag]

Thanks, TOH, for that date on Fisher getting permission to withdraw. I wonder when he actually deposited the check or found out it bounced. I wonder how long the "getting permission to withdraw" from a case takes too. And I really wonder why Fisher would have represtented this azzhole in the first place, given what he did with his daughter, or what she accused him of doing...
I believe I read that he found out one day (the 28th), and filed and received permission to withdraw the next (the 29th).

I choose to think that Fisher didn't remember, which is bad enough. If I think that he did remember, and represented him anyway, I get too mad at the bozo LOL.

[Cowgirl]

I believe I read that he found out one day (the 28th), and filed and received permission to withdraw the next (the 29th).

I choose to think that Fisher didn't remember, which is bad enough. If I think that he did remember, and represented him anyway, I get too mad at the bozo LOL.Yeah, I have thought that also. I have also entertained the idea that Duncan may have cried so convincingly on his shoulder (he is said to be a consummate con man) when he spoke to him about his daughter's allegation about the plight of sex offenders that he offered to represent him. Either way, I wonder how he feels now? Could he be a closet gay like some of his other boyfriends?

[gangsta]

Does anyone have any updates? I really do hope he is forced into resignation and that this will set a standard for citizens to stop tolerating unethical and lazy judicial staff.