Duncan lawyer seeks long delay

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SPOKANE, Wash. - The triple-murder trial of registered sex offender Joseph Edward Duncan III should be pushed back to November, in part to wait for a U.S. Supreme Court decision on the insanity defense, Duncan's lawyer says.

Kootenai County public defender John Adams filed a motion in 1st District Court asking that Duncan's trial be pushed back from April 4 to mid-November. Adams also cited a heavy workload and the complexity of a case that garnered worldwide attention.

"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 prepare a defense and to basic fairness and due process," Adams wrote in motions filed this week.

Kootenai County Prosecutor Bill Douglas did not return a telephone message on Thursday seeking comment on Adams' request.

But Douglas did file motions asking that witness Shasta Groene, 9, the only survivor of the carnage at her family's home, be given special considerations when she testifies during the trial, including possibly testifying without Duncan present.

Douglas said Idaho law protects child witnesses by demanding a speedy trial to minimize the time "the child must endure the stress of his or her involvement in the proceedings."

Douglas also asked the Judge Fred Gibler to allow "a supportive person" to be near Shasta when she testifies, such as a relative or friend. And he asked that Shasta be addressed by her first name and that the judge carefully control the interrogation of Shasta to ensure the truth is ascertained.

"Idaho law gives the trial judge broad discretion to use special procedures to reduce the anxiety of a child witness," Douglas wrote.

Duncan's constitutional right to face the witnesses against him does not apply if a child witness would be traumatized by the experience, Douglas said.

Duncan is being held without bail in the Kootenai County jail on charges of killing three people last May 16 near Coeur d'Alene, Idaho. Authorities said the slayings were intended to allow Duncan to kidnap Shasta and Dylan Groene, 9, for sex. Shasta was recovered alive seven weeks later, but Dylan was killed.

Duncan is expected to face federal charges of kidnapping the children and killing Dylan Groene after the Idaho state case is finished.

Adams wrote that he has not yet received copies of all of the evidence the prosecutor's office has against his client.

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