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Murder charges sought today Posted: Tuesday, Jul 12, 2005 - 08:16:06 am PDT By DAVE TURNER Staff writer
Feds ready to take over prosecution of kidnapping counts COEUR d'ALENE -- Kootenai County Prosecutor Bill Douglas said Monday he will seek to file three counts of first-degree murder against Joseph Edward Duncan III today.Douglas said he would ask Magistrate Judge Scott Wayman to find probable cause in the deaths of Brenda Kay Groene, 40, her son, Slade Groene, 13, and boyfriend Mark Edward McKenzie, 37, whose bound and bludgeoned bodies were found May 16 at their Frontage Road home near Wolf Lodge Bay. If Wayman finds credence in the charges, Duncan, 42, of Fargo, N.D., already charged with two counts of capital kidnapping in the disappearance of Shasta Groene, 8, and 9-year-old brother Dylan Groene, will likely make a first appearance on the murder counts on Wednesday, Douglas said. The Kootenai County prosecutor said he met with Thomas Moss, the U.S. attorney for Idaho, for about an hour on Monday to set up the jurisdictional boundaries for the charges. "They will defer to us and await the outcome of our prosecution," Douglas said. The federal government will most likely take over prosecution of the kidnapping of the two children, because federal statutes are superior to state kidnapping counts. "We're going to rely on their resources," Douglas said. "They have incredible resources in regards to child exploitation cases ... they will make their resources available to us as well." Douglas would not say whether he would seek the death penalty if Duncan is convicted of murder. "It's a potential penalty, but a jury's going to have to make that decision," he said. Douglas said for now, next Tuesday's preliminary hearing into the state kidnapping charges is scheduled to take place. Last week, following her rescue from Duncan after the two were seen at the Coeur d'Alene Denny's restaurant, Shasta told investigators she and Dylan were taken across state lines to Montana, where the two were repeatedly sexually abused. Dylan's body was discovered two days after Shasta's recovery at one of the campgrounds investigators believe the children were held. Douglas would not comment on the status of the investigation of Dylan's death. Last week, Mineral County (Mont.) prosecutor M. Shaun Donovan told the Missoulian newspaper Duncan would not face state charges in Montana. "There's pretty general agreement between all the prosecutors working on this case that it makes sense for Idaho to go forward with this," Donovan said, prior to the announcement that the remains belonged to Dylan. "The state prosecutors there feel they have all the horsepower they need, and the U.S. attorney there is willing to step in and file as well." But Donovan told the paper there was a possibility of filing charges "if anybody indicates to us that we need to," he said. "We'd be ready to file immediately." On Monday, Donovan didn't return a call to The Press seeking comment on the latest developments. Kootenai County Sheriff Rocky Watson said last week it appeared Duncan chose his victims at random, with the family's two youngest children the target. Sheriff's Capt. Ben Wolfinger said sex was the motive for the crime. The house, at 12525 Frontage Road, is less than a hundred yards away and easily seen from the westbound lane of Interstate 90. Although authorities would not confirm how the crimes took place, interviews with police and sources familiar with the investigation suggest Duncan conducted surveillance on the family. Then, sometime after midnight on May 16, he allegedly parked his stolen Jeep Laredo near a neighbor's driveway about a quarter-mile away and walked to the home. After going inside, the two adults and three children were bound with plastic zip ties. Shasta and Dylan where then taken to a white pickup outside the home and driven off the property, then transferred into the Jeep. Sometime between binding the victims and leaving the scene, sources said Brenda, Slade and McKenzie were killed with hammer blows to the head. Authorities would neither confirm nor deny what the murder weapon was. During Shasta's interview with investigators, she said they were then taken into Montana, where they camped in at least two different sites in a remote area of the Lolo National Forest. Then, sometime between May 16 and 1:53 a.m. July 2, Dylan died. Authorities have yet to say how or when Dylan died. Douglas said the assistance of the federal government has been invaluable. "We are very appreciative of the incredible partnership we've had with the U.S. Attorney's Office," Douglas said, "and this partnership will continue through this prosecution." Meanwhile, Dylan's family is making arrangements for the boy's funeral. Steve Groene said he hopes to hold a public service for Dylan this week. But as of Monday, Groene said the date or place was not set. "We want to do something similar that was done for Brenda and Slade," said Groene. Groene hopes to ask the judge for another furlough for his second son, Jesse, before he's sent to the state prison system's diagnostic unit for placement on his six month pre-probation review. Jesse Groene was sentenced last month to concurrent six-year terms for burglary and five years for injury to the jail. Before his sentencing, 1st District Judge John Mitchell granted an eight-hour furlough to attend services for his mother and brother, Slade. Public defender Martin Niels said he's working on a temporary release, but since Jesse Groene is a state prisoner now, any release would have to be approved by the Department of Correction, not just a judge's order. Dave Turner can be reached at 664-8176, ext. 2009 or at dturner@cdapress.com.
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