Feds indict Duncan

A federal grand jury indicted Joseph Duncan on Thursday for the torture killing of 9-year-old Dylan Groene and the May 2005 kidnappings of the boy and his sister, Shasta, from their family’s home, east of Coeur d’Alene.

The announcement came just hours after officials in Riverside County, Calif., charged Duncan in the 1997 killing of 10-year-old Anthony Martinez.

Both jurisdictions are seeking the death penalty.

The federal grand jury in Coeur d’Alene returned a 10-count criminal indictment against Duncan, charging the convicted killer and pedophile with kidnapping and sexual exploitation resulting in Dylan’s death, the kidnapping of Shasta and aggravated sexual abuse of both children.

Additional charges against Duncan include being a felon in possession of a firearm, using a firearm in a crime of violence resulting in death, transportation of a stolen firearm, possessing an unregistered firearm and transportation of a stolen vehicle, according to court records.

The grand jury made special findings that Dylan’s slaying “involved torture and serious physical abuse.” The charge of sexual exploitation resulting in death alleges Duncan forced Dylan to engage in sexually explicit conduct and used the child to produce pornography.

Duncan is serving a life sentence in Idaho for crimes related to the murders of Brenda Matthews Groene, Mark McKenzie and Slade Groene.

Prosecutors allege Duncan kidnapped the youngest Groene children after using a hammer to kill their family, and held the children captive at a remote Montana campsite for weeks where he tortured and molested the children, then shot and killed Dylan.

According to published reports, Duncan dismembered the boy and cremated his remains in a campfire. Duncan was arrested July 2, 2005, after he was spotted with Shasta at a local restaurant.

The victims’ relatives said Thursday they were happy that the case was moving forward.

“He needs to have the whole book thrown at him,” said McKenzie’s mother, Lee McKenzie Wood.

She’s hoping Duncan is sentenced to death, a wish shared by Steve Groene, the father of Shasta, Dylan and Slade.

Though a trial date hasn’t been announced, Steve Groene said he would “like to see it happen as soon as possible.” He said he hopes the testimony Shasta must provide is minimal.

The U.S. attorney’s office filed its first criminal complaint against Duncan last weekend on a charge of car theft. That charge was an attempt to keep Duncan in Idaho pending the indictments in the federal case.

Ingrid Wyatt, a spokeswoman for the Riverside County district attorney’s office, said California authorities were forging ahead, regardless of the charges filed in Idaho.

She said Riverside County would “use all legal means possible in order to extradite (Duncan) to California” – including asking for Gov. Arnold Schwarzenegger’s help extraditing Duncan from Idaho to face charges for Martinez’s abduction and killing.

“After 10 years it’s time to finally get justice for the family of Anthony Martinez,” Riverside County District Attorney Rod Pacheco said at a press conference Thursday morning.

A spokesman for Schwarzenegger said late Thursday that the governor has pledged his support.

“We are working with the Riverside County district attorney … to extradite this individual to California,” deputy press secretary Bill Maile said. “Public safety is Governor Schwarzenegger’s highest priority. He believes justice must be served in this case.”

Duncan was linked to the Martinez murder in 2005 after his arrest in Idaho. A partial fingerprint matching Duncan’s was found on duct tape used to bind the boy.

The U.S. attorney’s office could not immediately be reached for comment after the announcement in Riverside.

Kootenai County Prosecutor Bill Douglas, who prosecuted Duncan for the May 2005 triple-murder near Coeur d’Alene, said he didn’t believe the California charges could pre-empt the federal case against Duncan.

“The case should remain in Idaho until the disposition of the Idaho charges – all of them,” Douglas said.

Wyatt said Duncan is charged with first-degree murder and that the “special circumstances” under which the office is seeking the death penalty include the convictions in Idaho for the May 2005 triple-murder.

Additional factors taken in determining whether to seek Duncan’s death included the kidnapping of Martinez, lewd and lascivious conduct with the child, and torture, Wyatt said.

Martinez’s mother, Diane Lynn Gonzales, stepfather and brother were at the news conference, along with detectives who have spent nearly 10 years chasing thousands of leads and tips.

Gonzales said she was “happy to see justice was finally being served,” Wyatt said. “Whether Duncan receives the death penalty or spends the rest of his life in prison, they just want him to be off the street.”