Defense Wants Trial Delayed

[Idaho4Groenes]

I just saw this on the news this evening. It said that they believe the delay will be "best for Shasta." Also said both sides need more time.

BOISE, Idaho -- Joseph Duncan's federal defense attorneys have filed a request to delay his federal murder and kidnapping trial until the summer of 2008.

Duncan's attorneys say that's not unreasonable, considering all of the evidence in this case. Attorneys expect to look through more than 30,000 pages of documents before trial.
Yesterday, the U.S. Attorney's Office asked to delay the trial until July 9th of this year.

Duncan is charged with kidnapping Dylan and Shasta Groene from their home outside Coeur d'Alene in 2005. Prosecutors say he took them to Montana, where he raped and killed Dylan.

Duncan has already pleaded guilty to killing three other members of the family at the home.

Prosecutors plan to seek the death penalty.

Article and Duncan's new booking picture: http://www.krem.com/topstories/stories/krem2_030807_duncandelay.30c16add.html

Defense Team's Request: http://www.krem.com/images/030807_duncandocs.pdf

[mysteriew]

said that they believe the delay will be "best for Shasta."

The defense is thinking of what would be best for Shasta? They aren't thinking of Shasta....they are thinking of Jazzy only!

[fran]

This is a typical tactic by defense attorneys. The guiltier their client is and looks, the longer delay they request. It's their hope that during that time span, the public will have forgotten the horror of the crime, thus giving their client a better chance or outcome.

Believe me, I don't think anyone is going to forget Joseph Duncan and his dispicible crime spree. :furious:

As for Duncan's new booking photo..............to be honest, he looks much happier than he did in his previous pictures. Seriously, he must really enjoy being allowed to spend all of his time with his 'new bestest friend' at the taxpayers expense.

FRY HIM and let's get this over with. :razz: I don't like supporting him like he's staying at a motel 6.

JMHO
fran

[Liz]

Fran, you're absolutely right. These stall tactics are nothing more than a bogus charade. If I'm not mistaken, JED's federal defense team had had access to all the evidence, ever since his defense team in the state's case has had it. Which I would guess is somewhere over a year and a half, presently.

I could be wrong but I don't think that booking photo is all that new. But doesn't it look like he had a bruised cheek? Maybe was given a little assistance loading into the transfer vehicle, that transported him to the state prison. ;)

[Openmind]

I could be wrong but I don't think that booking photo is all that new. But doesn't it look like he had a bruised cheek? Maybe was given a little assistance loading into the transfer vehicle, that transported him to the state prison. ;)
If only!

Duncan has two expressions -- the pathetic, poor me look and the smug, I am smarter than everyone else look. His booking photo is decidedly the latter. It's like he pulled off some great scam. He is living another day so I guess he did.

[Tom'sGirl]

I could be wrong but I don't think that booking photo is all that new. But doesn't it look like he had a bruised cheek? Maybe was given a little assistance loading into the transfer vehicle, that transported him to the state prison. ;)
Probably bumped it bending over............:hand:
Okay, that was so wrong of me, I won't comment further :silenced: :innocent:

[Idaho4Groenes]

Steve Groene worries he'll die before Duncan trial starts

BOISE - Steve Groene today asked a federal judge not to delay the trial of Joseph Duncan, the man who admitted killing several members of Groene's family two years ago.

Duncan's attorneys want the trial postponed until August of next year in order to give them more time to prepare their case. Groene is suffering from throat cancer, and had his larynx removed last year. He says he is dying.

Groene says if the defense’s request is granted, he may not be around to support his daughter, Shasta, through possible testimony.

Shasta was the sole survivor in a brutal killing spree that took the lives of her mother, two of her brothers and her mother's fiancé.

Duncan pleaded guilty to three of the murders and now faces the death penalty for a fourth killing - that of 9-year old Dylan Groene.

Federal prosecutors want the trial to start in July.

In Boise this morning, US District Court Judge Edward Lodge said he would issue a ruling on the proposed delay soon.

Source: http://www.krem.com/topstories/stories/krem2_031907_duncantrial.2b61f01c.html

(There was a much better article in the Spokesman Review today, but I can't get it offline because I'm not subscribed. Sorry!)

[fran]

http://www.idahostatesman.com/102/story/76309.html

Duncan seeks 17-month trial delay
Father of slain family doubts he will live long enough to see the death-penalty trial if it is postponed
By Patrick Orr - Idaho Statesman
Edition Date: 03/20/07


Steve Groene, the father of a family destroyed by confessed killer Joseph Duncan III, asked a federal judge Monday not to approve a 17-month delay in Duncan's death penalty trial, saying he may die of larynx cancer and he would like to see Duncan tried soon.
Groene also said a long delay would be unfair to his 9-year-old daughter, Shasta — the only one of Duncan's Coeur d'Alene victims he didn't kill, and who will likely testify in the case.

Duncan's lawyers want to delay his kidnapping and murder trial, initially scheduled to begin today, until August 2008. Federal prosecutors and Steve Groene say the trial should be held this July.

"I feel my daughter has been through enough," Groene told U.S. District Judge Edward Lodge Monday morning, using an artificial voice-box device he held up to his neck so his voice could be heard synthetically. "It's a lot of anxiety to put on a child like that. ... I don't see how delaying this a year and a half helps her."

Lodge said he would come to a decision soon.

Duncan, clad in a prison jumpsuit with his hair pulled back in a ponytail, sat calmly at the defense table throughout the hourlong hearing, looking down at the table

...........................snip................... ......

Steve Groene said that since he was diagnosed with larynx cancer last year, he has lost more than 50 pounds and can't speak, eat or swallow.

There are no guarantees I'll be around" in August 2008, Groene told Lodge. "I've lost a lot of time with my daughter. ... I certainly don't want to lose any more time with my kids."

He also said he wants the trial to be held this July because Shasta loves school and doesn't want to miss class. School is a positive force in Shasta's life, he said.

Shasta "doesn't even like to miss school if she is sick," he said.

[Idaho4Groenes]

Thanks for posting that Fran. Reading it makes me extremely upset. Shasta needs her daddy, especially if she will have to testify. They need to think of the VICTIM for once, and not postpone the trial a year and a half!

[Tom'sGirl]

http://www.idahostatesman.com/102/story/76309.html

Duncan, clad in a prison jumpsuit with his hair pulled back in a ponytail,

:sick: :sick: :sick: :sick: :sick:

[Rle7]

A judge has delayed until next January the federal trial for a man convicted in a brutal attack on a Coeur d'Alene family.

Joseph Edward Duncan III, a Tacoma, Wash., native who previously pleaded guilty in Idaho state court to killing three members of the family in a 2005 attack, has been charged in federal court with kidnapping the family's two youngest children and killing one of them. Federal prosecutors are seeking the death penalty.

The federal trial was originally scheduled to begin this week, on Tuesday. At a hearing on Monday, prosecutors asked for a three-month delay, while Duncan's lawyers sought an 18-month postponement.

U.S. District Judge Edward Lodge ruled Thursday that the jury trial will begin Jan. 22, 2008.

http://seattlepi.nwsource.com/local/6420AP_ID_Duncan_Slaying.html

[Tom'sGirl]

A judge has delayed until next January the federal trial for a man convicted in a brutal attack on a Coeur d'Alene family.

Joseph Edward Duncan III, a Tacoma, Wash., native who previously pleaded guilty in Idaho state court to killing three members of the family in a 2005 attack, has been charged in federal court with kidnapping the family's two youngest children and killing one of them. Federal prosecutors are seeking the death penalty.

The federal trial was originally scheduled to begin this week, on Tuesday. At a hearing on Monday, prosecutors asked for a three-month delay, while Duncan's lawyers sought an 18-month postponement.

U.S. District Judge Edward Lodge ruled Thursday that the jury trial will begin Jan. 22, 2008.

http://seattlepi.nwsource.com/local/6420AP_ID_Duncan_Slaying.html

This is so upsetting :(

[fran]

http://www.spokesmanreview.com/breaking/story.asp?ID=9246

Duncan's trial set for January 2008

Taryn Brodwater
Staff writer
March 23, 2007

.......................snip....................

Lodge said a July trial date was too soon and wouldn't give Duncan's attorneys enough time to review evidence in the case and prepare his defense. But Lodge ruled that 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.

Lodge also noted the deteriorating health of the girl's father, Steve Groene.

Steve Groene testified Monday that he was dying of throat cancer and was concerned he wouldn't be alive to support his daughter if the trial were delayed until August 2008.

Groene could not immediately be reached for comment Thursday.

Lodge suggested in Thursday's court order that Steve Groene's testimony could be taken in a video deposition if it becomes necessary.

Shasta Groene's court-appointed guardian ad litem, John Sahlin, said he was pleased the trial was not being scheduled as late as the defense had requested.

"I am sorry it interferes with Shasta's school," Sahlin said, "but under the circumstances, sooner rather than later is better."

[Rle7]

Judy Clarke, the new lead attorney for confessed killer Joseph Duncan, has asked the federal court in Boise for a year-long continuance in Duncan's upcoming trial so she can have more time to prepare for the case.

Duncan's federal trial is set to begin on January 22nd in Boise however Clarke, who joined the defense team within the last week, has asked for more time to prepare for the case and has asked for a year-long continuance. Clarke is asking for the trial to be postponed until January 19th, 2009.

In her request, Clarke says that Duncan's defense team – Roger Peven, Mark Larranaga and Thomas Monaghan – do not have enough capital case experience, and that "it is an understatement to say we are behind in the guilt phase of the investigation."

http://www.kxly.com/news/?sect_rank=1&section_id=559&story_id=14755

[oceanblueeyes]

Judy Clarke, the new lead attorney for confessed killer Joseph Duncan, has asked the federal court in Boise for a year-long continuance in Duncan's upcoming trial so she can have more time to prepare for the case.

Duncan's federal trial is set to begin on January 22nd in Boise however Clarke, who joined the defense team within the last week, has asked for more time to prepare for the case and has asked for a year-long continuance. Clarke is asking for the trial to be postponed until January 19th, 2009.

In her request, Clarke says that Duncan's defense team – Roger Peven, Mark Larranaga and Thomas Monaghan – do not have enough capital case experience, and that "it is an understatement to say we are behind in the guilt phase of the investigation."

http://www.kxly.com/news/?sect_rank=1&section_id=559&story_id=14755

This just makes me want to hurl.

This is nothing more than defense delay tactics. I have seen this so many times. The case takes years to come to fruition and then just when it is getting close they will bring in a NEW attorney so they can file a motion to delay once again.

I hope the Judge does not fall for it. The other attorneys know this case very well and the sentencing phase is months and months away anyway where the death penalty can and will be imo, imposed on this POS.

imoo

[Liz]

Kudos to Judge Lodge for not allowing this useless delay in justice! Still praying that JED follows his fellow child sexual predator's lead (Michael Devlin), and pleads guilty and spares everyone the ghorry details! But especially to spare Shasta from having to relive her horrific nightmare to a jury and courtroom full of people. May God give her strength, in the event that she must testify.

Snippets from:

Duncan trial moving forward on schedule
Last updated: Friday, October 12th, 2007 10:54:38 AM

SPOKANE -- Judge Edward Lodge dealt convicted killer Joseph Duncan's defenders a setback Friday morning when he denied their request for a continuance in his federal trial in Boise.

The pre-trial hearing, which is still underway in Boise, is addressing defense attorney Judy Clarke's request to have the trial postponed for a full year due to the defense team's lack of readiness to take the case to trial in January of 2008.

Wendy Price, Shasta Groene's aunt, issued a statement for the Groene family Thursday asking for Judge Lodge to consider Shasta and Steve Groene's feelings and proceed with the trial on schedule so they can move on with their lives.

more:
http://www.kxly.com/news/?sect_rank=3ion_id=561&story_id=14953

[Liz]

This was added in the updated version from KXLY's report I linked above.


After hearing the news the trial would continue as scheduled in January, Price made the following statement:

Our family would like to thank Judge Lodge for standing up for our Shasta and moving forward with this trial. We, and the community in whole need time to heal and for that there has to be some closure.

As always we thank everyone for keeping Steve and Shasta in thier thoughts and prayers and ask that you continue to do so as they prepare for the upcoming proceedings.

Wendy Price

[Liz]

Snippet from today's article, Judge won't postpone Duncan trial past January (http://www.localnews8.com/Global/story.asp?S=7206911):

The judge says he's confident that a January trial date would give the defense team enough time to prepare and would help ensure that the young victim in the case, Shasta Groene, gets a resolution as soon as possible.

[Idaho4Groenes]

Not only did they want the trial delayed, now they are asking for it to be THROWN OUT!!!

Duncan attorneys ask for case to be thrown out

SPOKANE -- Joseph Duncan’s federal trial in Boise for kidnapping and murder charges is two months away but Monday his attorneys filed a request to have the judge throw out the entire case.

[...]

These types of motion are not entirely unexpected so close to trial, though there’s no word yet on when a judge will hear and possibly rule on them.

More at Link: http://www.kxly.com/news/?sect_rank=3&section_id=561&story_id=15599

[Socks]

What a POS that vile scum of the earth is. :razz:

[becklynn]

Someone please kill him already.