Wednesday, October 26, 2005

Prosecutor asks to restrict sex offender's videos

THE ASSOCIATED PRESS

COEUR D'ALENE, Idaho -- The Kootenai County prosecutor is asking a judge to reconsider his decision to provide defense lawyers with copies of graphic videotapes allegedly made by registered sex offender Joseph Edward Duncan III.

Kootenai County Prosecutor Bill Douglas also asked 1st District Judge Fred Gibler to view the videos before following up on his order that copies be made and given to Duncan's defense team.

"We're asking the court to consider a couple of other reasons why we feel the state does not have to provide copies because of their sensitive nature," Douglas said in making the requests Monday.

Last week, Douglas expressed concern over the possibility of "inadvertent or accidental dissemination" of the videos, which he described as graphic and disturbing.

The contents of the tapes have not been disclosed, but they are believed to include footage of Shasta Groene, 8, and Dylan Groene, 9, made during the nearly seven weeks the children were missing.

Shasta was rescued at a Denny's restaurant in Coeur d'Alene, where she appeared July 2 with Duncan. He was arrested. Dylan Groene's remains were found at a Montana campsite soon after that. The children had disappeared after the bloody mid-May attack on their home during which their mother, older brother and mother's boyfriend were killed. Duncan is charged with murder in those deaths.

Gibler ruled last week that videotapes found in Duncan's vehicle must be copied and given to defense lawyers.

Douglas had argued that Duncan's lawyers were able to look at the videos in his office.

Public Defender John Adams said that restriction violated Duncan's right to build a strong defense.

A hearing on the state's motion to reconsider is scheduled for next Wednesday.

Duncan, a 42-year-old convicted sex offender, is set to go on trial in state court in January on the Coeur d'Alene murder charges.

Federal charges in the abduction of Dylan and Shasta, and in Dylan's death, are expected to follow.