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For a week or so now, we’ve been doing a live blog about the Joseph Duncan sentencing. Our photographer, Tim Martin, is sitting in the media room, writing about what’s happening as it happens. We’ve had tremendous response, with people from all over the country and even relatives of Duncan’s victims logging on to follow the progress. We’re getting a lot of repeat questions about the case and it has a tendency to distract from what’s going on in court. So, I’m writing this page of Frequently Asked Questions - ones that pop up most on the blog every day. I hope it helps - and, I hope you’ll join in on the live blog.

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Q: Why is this case happening in Boise? A: It’s a federal case and that’s the biggest federal courthouse in the area. This became a federal case when Duncan crossed state lines with the Groene children. Also, Dylan’s murder happened on federal land.

Q: Didn’t Duncan already get sent to prison? Why are we going through all of this again? A: Duncan pleaded guilty in Kootenai County (state charges) to killing Brenda and Slade Groene and Mark McKenzie. For that case, he got three life terms in prison. However, Kootenai County prosecutors said if Duncan doesn’t get the death penalty in the federal case, they’ll bring him back to Kootenai County for sentencing and they will seek the death penalty. Duncan’s attorneys agreed to this and the judge signed off on it.

Q: Doesn’t Duncan want to die? Why are we going through all of this? A: Duncan has said in the past that he wants to die. However, the feds can’t just execute him because he says that’s what he wants. Also, a judge can’t sentence someone to death. A jury has to decide.

Q: Isn’t Duncan insane? How can he be allowed to defend himself? A: When Duncan asked to represent himself, the federal judge ordered several mental evaluations to see if Duncan was mentally competent. Those doctors determined Duncan had “no known mental condition” - so, he was allowed to act as his own attorney. He won’t be able to use “inadequate defense” as part of an appeal - and, his original defense team is standing by, in case a judge orders them to step in.

Q: Why can’t we see what’s going on in court? A: Cameras and other recording devices are not allowed in federal court. In this case, there’s a separate media room, where reporters who aren’t in court can listen and file their stories (but, they can’t record what’s going on).

Q: Isn’t Duncan facing charges for other murders? A: He’s already charged with a child murder in California (10 year old Anthony Martinez was killed in 1997. Duncan’s fingerprints and confessions have linked him to that crime). He’s also a suspect in the murders of two sisters in the Seattle area in 1996. He’s never been charged with those crimes, but reportedly confessed to killing the girls.

Q: Even if Duncan is sentenced to death, won’t he just sit on death row forever? A: Not necessarily. He gets one automatic appeal. Generally, the time spent on federal death row between sentence and execution is shorter than it is in state cases. The feds have executed 3 people since 2001.

Q: How long is this sentencing going to take? A:  It depends. In this first phase, the jury has to decide if Duncan’s case fits the criteria for the death penalty. They have multiple factors to consider (past crimes, pre-planning, etc.) Attorneys for each side call witnesses and present evidence in this phase and do closing arguments, like any other case. Then, the jury will deliberate and decide. If they decide that this case fits the criteria, they go on to the second phase, in which they decide if Duncan should get the death penalty. In this phase, we’ll hear more emotional testimony from family members, etc. Duncan has not indicated that he plans to present any defense or any witnesses in either phase. He has the right to do that, though, until he rests his case.

Q: How are the surviving family members doing now? I don’t know all these names, who are the family members? A: Brenda Groene was mom to Shasta, Dylan, Slade, Vance and Jesse. Duncan killed her in May 2005 in order to kidnap Shasta and Dylan. She has a large extended family in the area that has rallied around Shasta since she was found. Mark McKenzie was Brenda’s boyfriend. He was also killed in the Wolf Lodge home. He was a father-figure to the children and has a large family in the area that has supported Shasta as well. Slade Groene was 13 years old when he was killed in the Wolf Lodge home. Steve Groene is the childrens’ father. He is Shasta’s guardian and has been in court almost every day of the trial. Steve has had extensive health problems, but has stayed active in  the case throughout. Jesse and Vance Groene are Shasta and Dylan’s oldest brothers. They were in the Coeur d’Alene area when the murders happened and frequently spoke out while the search for their siblings was underway. Jesse was in jail when the murders happened and has had some problems off and on since the crimes occured.

Q: What about Duncan’s family? A: Duncan’s family has not spoken publicly since his arrest, except for his brother, Bruce. Bruce went on a national talk show after Duncan was arrested and did not defend his brother’s actions at all. He passed away suddenly about two years ago and no one from the family has spoken out since.

I hope this helps. For even more background, please read this background piece I wrote a couple weeks ago. I will also answer any and all of your questions if you email me: MelissaL@kxly.com

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