Tuesday, October 10, 2006

ONGOING COVERAGE: DUNCAN INVESTIGATION

Steve Groene files lawsuit against Duncan

Action would prevent 'profit' from crimes

Trial begins soon Joseph Duncan could receive the death penalty if convicted of three murders near Coeur d'Alene in May 2005. The trial is set to begin Oct. 16.

Taryn Brodwater
Staff writer
October 6, 2006

Steve Groene is suing to keep the man accused of killing two of his sons and kidnapping and molesting his daughter from profiting from the crimes.

The lawsuit was filed Wednesday against accused killer Joseph Duncan in U.S. Federal Court in Boise.

State law already prohibits those accused of a crime from profiting from their story. Chuck Lempesis, Groene's attorney, said the civil suit is about making "doubly sure" it doesn't happen.

"This is to absolutely ensure that Joseph Duncan will not under any circumstance profit from his evil ways," Lempesis said Thursday.

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The suit also seeks damages for the suffering and distress Duncan allegedly inflicted on young Shasta Groene and her father, but Lempesis said the lawsuit is "certainly not about money."

"There's no amount of money in the world that could possibly begin to compensate this family for the horrors they have undergone," he said.

Duncan could be given the death penalty if convicted of the May 2005 slayings of Brenda Matthews Groene, her fiancé, Mark McKenzie, and the Groenes' 13-year-old son, Slade. The trial is set to begin Oct. 16 in Coeur d'Alene.

Steve Groene's suit seeks an unspecified amount for Slade's death, as well as the kidnapping and molestation of the youngest Groene children – Dylan and Shasta – and Dylan's subsequent slaying. Federal officials have yet to file criminal charges against Duncan for those crimes.

The relatives of Matthews Groene and McKenzie filed a civil suit against Duncan last December. Like Groene, the families aim to prevent Duncan from making money off any book or movie deals.

Their suit also alleged negligence by the Minnesota judge who let Duncan out on $15,000 bail for molestation charges in that state. The case against the judge was dismissed because of jurisdictional issues. Spokane attorney Russell Van Camp, representing the Matthews Groene and McKenzie families, said he plans to refile the suit against the Minnesota judge.

Van Camp said the civil suit against Duncan is still moving forward.

Steve Groene remains at a Seattle hospital where he underwent surgery Monday for throat cancer. His vocal cords and larynx were removed.

His sister, Wendy Price, said she wasn't aware of the civil suit.

Groene's prognosis is good, Price said, but the surgery has some drastic side effects. Aside from losing his voice, Price said Groene will lose his sense of smell and most sense of taste.

"It's life-altering," she said, adding her brother is upbeat and looks well. "Steve knows it's a tradeoff. He lost some functions, but he gained his life."

Price said her brother is experimenting with an electrolarynx. He has held the device to his throat and was able to make a few garbled sounds, she said.

"It's going to take some time," she said. "He will be able to communicate verbally again. Steve, like the rest of the family, is a talker, so I don't think it will take that long. He's motivated."

Groene is scheduled to be released from the hospital next week and plans to attend Duncan's trial, Price said.

In an interview last week, Groene said he had hoped for a plea agreement that would keep his now 9-year-old daughter off the witness stand.