Duncan to PLEAD GUILTY to kidnappings, murder

[Idaho4Groenes]

BOISE, ID. -- Joseph Edward Duncan III, who has been charged with kidnapping two north Idaho children in 2005 and killing one of them, is scheduled to enter a guilty plea on Monday in federal court in Boise.

Court documents filed late Friday do not detail exactly which charges Duncan is pleading to.

But the penalty phase of his case is due to begin Jan. 28.

There was no indication that the government had taken the death penalty off the table; a gag order prevents the attorneys involved from speaking with reporters.

More at link: http://www.krem.com/topstories/stories/krem2_113007_duncanpleamonday.558724ff.html

[Idaho4Groenes]

Here is another link to basically the same story, but this one has a little bit more info. Including saying they're not sure if Shasta will testify against Duncan in the penalty phase or not.

It also has a newer pic of Duncan if you're interested. Same old creepy eyes and disgusting smirk.

http://www.kxly.com/news/?sect_rank=1&section_id=559&story_id=16305

[MsPooh]

Evil..that's all I can say http://www.planetsmilies.com/smilies/mad/mad0039.gif

[jilly]

I know these people are supposed to get a good defense but how do these people who kill children get a lawyer like this?? They are the most evil of any criminal imo and the government pays her to knock out the death penalty!!

It's not known at this point what precipitated Duncan's decision to change his plea, however his recently appointed federal defender, Judy Clarke, is a staunch anti-capital punishment advocate who has successfully defended a number of high profile defendants in capital cases.


Her previous clients include child killer Susan Smith, Olympic Park bomber Eric Rudolph and Unabomber Ted Kaczynski.


Smith drove her car into a pond killing her two young children. Clarke got her a plea deal and saved Smith from the death penalty. Rudolph was also spared the death penalty for the Olympic Park bombing as was Kaczynski, who got a life sentence in exchange for his guilty plea despite his 18-year reign of terror.

[nanandjim]

Isn't it amazing that this sick coward doesn't want a death sentence? I hope to hell someone beats his brains out in prison.

[Idaho4Groenes]

He is horrible, and just probably trying to avoid death. But like last time, the prosecution may have worked with them, with Steve involved, to try and stop a long trial with Shasta testifying. I don't know that, just speculating. I guess we may hear more information on Monday when it happens.

[oceanblueeyes]

He is horrible, and just probably trying to avoid death. But like last time, the prosecution may have worked with them, with Steve involved, to try and stop a long trial with Shasta testifying. I don't know that, just speculating. I guess we may hear more information on Monday when it happens.

I actually think Duncan knows along with his lawyers that he is most likely a dead man walking.

There was no need for a trial. The evidence recovered and eye witness is overwhelming. His attorneys and Duncan knew if there was a trial and all the horrific, vile evidence came out, especially if Shasta testified in this one, it would only cause the jury to hate this pathetic toxic waste even more, if possible.

So they move onto the death penalty phase. This death penalty attorney will not be able to pull it out for this client. This client is not Susan Smith or the Unabomber or Eric Rudolf. He is the monster of darkness who creates indelible nightmares for innocent children who cross his ghoulish path. He is the epitome of evil and must be pushed back down to the depths of hell from wince he came.

I have never felt sorrier for a jury than I do for this one that will hear the penalty phase. What they are going to see and hear they will never forget even though they will want to. I do think most likely some of them will need psychological care once it is over with. I hope the Feds offer that to them as some Judges do in State court when the case is just so depraved.

I hope for their sake and for the Greones that the video tape is not shown. But the Feds are much more hard hitting and will go with all the evidence they have. They usually don't hold back like the State DA will do on horrific evidence.

The Judge may allow only certain clips of it to be played. I hope that Shasta doesn't testify. A police officer can testify to what Shasta told them in her interviews. So I hope that is the route they take.

Bless Steve and Shasta. Hang on justice is coming soon for Dylan.

imoo

[hollyjokers]

I am glad the monster pleaded guilty and Shasta & Steve are spared from a long trial. Even if she did not have to testify, can you imagine what an extended trial would be like? She is probably just starting to feel like she is getting past the point of people whispering about her everywhere she goes, then here come all the gory details in the newspaper & on tv everyday & she's right back in the spotlight. Let's get this over with and put that animal down.

[Liz]

I pretty much expected (and prayed for) JED to plead guilty in this federal case, just as he did in the state's case against him. Thank God for Shasta, that she will most likely be spared the agony of having to testify and/or face this monster who brutally murdered four people she loved, and other evil and despicable acts!

Guess he'll be headed back to Coeur d'Alene then to face the death penalty?

[Idaho4Groenes]

Guess he'll be headed back to Coeur d'Alene then to face the death penalty?

That's what it looks like, unless he receives the death penalty in this case. After the sentencing phase of this case, if he gets off without the death penalty, he will probably go back to Coeur d'Alene. But he also has to go to California to face trial for the murder of Anthony Martinez.

This is from the second link above. Bolding is my own:

Duncan previously pled guilty in October 2006 in Kootenai County to the murders of Slade Groene, Brenda Groene and Mark McKenzie. One of the terms of his plea agreement there was that if he did not receive the death penalty at his federal trial in Boise he would be returned to Coeur d'Alene where he would likely face the death sentence there.


Once sentenced in the federal case and possible re-sentencing in Coeur d'Alene Duncan's case will move to California, where Riverside County prosecutors have charged Duncan with the 1997 murder of 10-year-old Anthony Martinez, whose body was found partially nude near Indio.

[Rle7]

I hope that plea agreement included the key to those encrypted computer files. I believe there are other victims located within those files.

[Liz]

I hope that plea agreement included the key to those encrypted computer files. I believe there are other victims located within those files.


Hi Rle --- I seriously doubt that JED would agree to plead guilty plus agree to give up the key to his encrypted files.

But we can always dream, can't we? ;)

[Idaho4Groenes]

I'm pretty sure it wasn't included. I think he agreed to let his defense have access, but I'm pretty sure the plea agreement that they finally settled on didn't include passing that info on to authorities. Scum bag.

[Idaho4Groenes]

I just found an article that says:

Douglas' agreement also requires that Duncan provide authorities with the encryption code to access secure files on the computer.

http://www.courttv.com/trials/duncan/101606_plea_ctv.html

But then if you look at the plea deal..... http://www.courttv.com/trials/duncan/docs/statecounteroffer.html (I THINK this is the one they agreed on)......

Mr. Duncan will provide the password and or keys to his encrypted computer files to his federal public defender.

So.....I guess I'm not sure.

[Openmind]

Duncan's federal attorney Peven has already looked at the files.

http://www.spokesmanreview.com/sections/duncan/?ID=206971

There is still a scheduled penalty phase for the federal case on January 28, 2008.

http://seattlepi.nwsource.com/local/341917_duncan01.html

I don't know if this is as much of a done deal as it first appears. As far as the federal case, he was always going to be found guilty, but it looks like Clarke is still trying to fight the death penatly. Pointless since he will still be taken back to Idaho for the same penalty. Nothing with Duncan is easy and he always finds a champion.