Friday, May 02, 2008
SERIAL KILLER/CHILD MOLESTER JOE DUNCAN CASE GETZ SICKER!
Prosecutors want Duncan hearing closed when Shasta testifies
~~~~~Its been a wylde couple of days in this horrible story!1st Duncan wanted 2 represent himself and they held off to do mental evaluation tests!HES FRIGGIN INSANE,JERKS! It was thought he was doing this to expedite his death penalty chances!BUT NOOOOOO...he just wants to get Shasta in his face and that pig may question sweet Shasta! Then last Sunday, his legal eagle had a traffic accident in Boise and arrested and released under a misdemeaner for drugs,weed, booze and paraphenalia!He also totaled his vehical!This jerk must have to self medicate when you DEFEND a scumbag like DUNCAN! So this ass Tom Monaghan had some jail time in Ada County,while his 2 partners wrangled to get his stupid ass out! =^.^=~~~~~~ BOISE — Federal prosecutors have requested that the sentencing hearing for confessed child killer Joseph Duncan be closed to the public during testimony from one of his young victims, Shasta Groene, to protect her from emotional harm.
Prosecutors, who filed the motion Tuesday in U.S. District Court here, also are asking that the courtroom be closed while the jury is shown a graphic videotape Duncan made that prosecutors say shows him sexually abusing the then 8-year-old girl and her 9-year-old brother, Dylan. Duncan eventually shot and killed the boy with a sawed-off shotgun at a wilderness campsite in Montana.
The motion filed by U.S. Attorney Thomas Moss and Assistant U.S. Attorney Syrena Hargrove says that Shasta could be harmed if the public is not excluded and she's "forced to testify knowing that the whole world is watching and scrutinizing her every word and movement," which "is likely to be even more psychologically damaging."
Duncan, who could receive the death penalty, has asked to represent himself, creating the possibility that he may question Shasta during the hearing.
Duncan, a convicted pedophile originally from Tacoma, pleaded guilty in December to 10 federal charges in the May 2005 kidnapping of the children from their Coeur d'Alene home and Dylan's death. Three of those crimes can carry the death penalty.
He earlier pleaded guilty in state court to murdering 13-year-old Slade Groene, his mother Brenda Groene and her fiance Mark McKenzie at the Groene home before driving away with the two children.
Shasta was rescued when Duncan took her back to Coeur d'Alene, where they stopped to eat at a restaurant on July 2, 2005. A waitress recognized Shasta and called police.
The motion was filed in response to a legal memorandum filed earlier this month by 16 media and open-government organizations, The Spokesman-Review newspaper of Spokane reported.
The group has told U.S. District Judge Edward Lodge that the public has a constitutional right to be present in the courtroom.
The 10-page legal brief filed by prosecutors notes that society has a "strong interest in protecting young victims of violent crime from further psychological harm," matched against an equally "strong interest in ensuring the accuracy and completeness of testimony."
But prosecutors argue the possible harm to Shasta outweighs reasons for keeping the courtroom open.
Duane Swinton, a Spokane attorney representing The Spokesman-Review and others, said closing the courtroom will not protect Shasta because she would still have to testify in front of Duncan, the jury, attorneys, Lodge, and other court personnel.
"The media has suggested a reasonable alternative to Shasta testifying in an open courtroom and that is having her testify by closed circuit television where she would be in another room," Swinton said.
Swinton also said the brief filed by prosecutors revealed that documents were filed secretly, going back to July of last year, arguing for closing portions of the trial.
"And yet this discussion has been going without any public notice or input until the recent briefing we filed," he said.
Prosecutors and defense attorneys are forbidden to discuss the case outside of court under a gag order issued by Lodge.
Jury selection for the sentencing hearing is currently delayed while Duncan undergoes a mental evaluation, after which Lodge will decide if Duncan is competent to represent himself. Lodge has indicated he's inclined to let Duncan serve as his own attorney.
PLEASE RESPECT,THANK,HONOR,SUPPORT & PRAY FOR OUR TROOPS,VETS,FIRST RESPONDERS and THEIR FAMILIES ;-)
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