Thursday, November 17, 2005

ONGOING COVERAGE: GROENE INVESTIGATION

Duncan's attorneys want to push back trial date

Public defender says postponing until April will ensure due process

Taryn Brodwater
Staff writer
November 15, 2005

Joseph Duncan's attorneys are asking for more time to prepare for their client's murder and kidnapping trial.

Public defender John Adams has filed a motion to vacate the scheduled Jan. 17 trial and instead start no earlier than April. In court papers filed last week, Adams wrote that his office has yet to receive all of the evidence needed to prepare a defense for Duncan.

"Forcing Mr. Duncan to go forward without adequate time to prepare will deprive him of his federal and Idaho constitutional rights to the effective assistance of counsel, to present a defense and to basic fairness and due process," the court papers said.

ADVERTISEMENT

Adams also filed a motion to extend the deadline for filing pretrial motions – originally set for Nov. 30. Duncan has agreed to waive his right to a speedy trial so the court can consider both motions, Adams wrote in another document filed last week.

Duncan, 42, has pleaded not guilty to three counts of first-degree murder and kidnapping for the May bludgeoning deaths of Brenda Groene, her 13-year-old son, Slade Groene, and her boyfriend, Mark McKenzie.

Federal charges are pending for the kidnapping of Brenda Groene's youngest children, 8-year-old Shasta Groene and 9-year-old Dylan Groene, and for Dylan's subsequent death.

The Idaho U.S. Attorney's Office has said that Duncan is facing other felony charges related to the crimes, including production of child pornography.

Prosecutor Bill Douglas said his office will object to Adams' motions. With the trial just nine weeks away, Douglas said subpoenas have already been served and many witnesses have made travel arrangements for January.

"We would like to stay on track with the present trial date and present briefing schedule," Douglas said.