Tuesday, January 23, 2007

Feds Seek Death Penalty

It's official: Federal prosecutors are seeking the death penalty for Joseph Edward Duncan, III.

According to documents filed this morning in the case of U.S.A. v Joseph Edward Duncan, III, the United States government believes that the indictments for counts One, Five and Seven warrant the sentence of death, in the event of a conviction.

To recap (11-page document here):
Count One- Kidnapping Resulting in Death
Count Five- Sexual Exploitation of a Child Resulting in Death
Count Seven- Using a Firearm During and in Relation to a Crime of Violence Resulting in Death

The Cellar Blog has purchased these documents and uploaded the pdf file here.

The United States intends to prove the following aggravating factors to justify putting Joseph Edward Duncan, III to death (note item D (2) (B) in red, bold text!)

A. Statutory Proportionality Factors Enumerated under 18 U.S.C. § 3591(a)(2)
The following statutory proportionality factors apply to each of Counts One, Five and Seven:

1. Intentional Acts to Take Life of Another Person. The defendant intentionally killed D.G. 18 U.S.C. § 3591(a)(2)(A).

2. Intentional Inflection of Serious Bodily Injury Resulting in Death. The defendant intentionally inflicted serious bodily injury that resulted in the death of D.G. 18 U.S.C. § 3591(a)(2)(B).

3. Intentional Acts to Take Life or Use Lethal Force. The defendant intentionally participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than a participant in the offense, and D.G. died as a direct result of the act. 18 U.S.C. § 3591(a)(2)(C).

4. Intentional Acts of Violence Creating Grave Risk of Death. The defendant intentionally and specifically engaged in one or more acts of violence, knowing that the act or acts created a grave risk of death to a person, other than a participant in the offense, such that participation in such act or acts constituted a reckless disregard for human life, and D.G. died as a direct result of such act or acts. 18 U.S.C. § 3591(a)(2)(D).

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B. Statutory Aggravating Factors Enumerated Under 18 U.S.C. § 3592(c) Applicable to Each Count
The following statutory aggravating factors apply to each of Counts One, Five and Seven:

1. Death During Commission of Another Crime. The defendant caused the death of D.G. during the commission of a violation of 18 U.S.C. § 1201 (kidnapping). 18 U.S.C. § 3592(c)(1).

2. Previous Conviction of Offense for Which a Sentence of Death or Life Imprisonment Was Authorized. The defendant has previously been convicted of another Federal or State offense resulting in the death of a person, for which a sentence of life imprisonment was authorized by statute, to-wit: first-degree murder and first-degree kidnapping in case number CR F05-13674, Kootenai County, State of Idaho. 18 U.S.C. § 3592(c)(3).

3. Heinous, Cruel or Depraved Manner of Committing Offense. The defendant committed the offense in an especially heinous, cruel, and depraved manner, in that it involved torture and serious physical abuse to D.G. 18 U.S.C. § 3592(c)(6).

4. Substantial Planning and Premeditation. The defendant killed D.G. after substantial planning and premeditation to cause the death of D.G. 18 U.S.C. § 3592(c)(9).

5. Vulnerability of Victim. The defendant’s victim, D.G., was particularly vulnerable due to youth, to-wit: D.G. was 9 years old. 18 U.S.C. § 3592(c)(11).

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C. Statutory Aggravating Factors Enumerated Under 18 U.S.C. §3592(c) Applicable to Selected Counts
The following statutory aggravating factor applies to each of Counts One and Seven:

1. Previous Conviction of Violent Felony Involving Firearm. The defendant committed the offense charged after having been previously convicted of a Federal or State offense punishable by a term of imprisonment of more than 1 year, involving the use or attempted or threatened use of a firearm (as defined in 18 U.S.C. § 921) against another person, to-wit: rape in case number CR 57116, Pierce County, State of Washington. 18 U.S.C. § 3592(c)(2).

The following statutory aggravating factor applies to Count Five:
2. Prior Conviction of Sexual Assault or Child Molestation. The defendant committed the offense charged after having been previously convicted of a crime of sexual assault, to-wit: rape in case number CR 57116, Pierce County, State of Washington. 18 U.S.C. § 3592(c)(15).

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D. Other, Non-Statutory, Aggravating Factors Identified Under 18 U.S.C. § 3593(a)(2) Under 18 U.S.C. § 3593(a)(2), the following non-statutory aggravating factors apply to each of Counts One, Five and Seven:

1. Effect of the Offense on the Victim and the Victim’s Family.

a. In committing the offense, the defendant did cause emotional trauma toS.G. in that she witnessed the abuse and death of her brother, D.G., and was told by the defendant about how he killed her mother, Brenda Groene, her brother, Sl.G, and her mother’s boyfriend, Mark McKenzie.

b. In committing the offense, the defendant did cause emotional trauma to S.G. and her family by depriving them of D.G., Brenda Groene, Sl.G. and Mark McKenzie.

2. Future Dangerousness of the Defendant. The defendant is likely to commit criminal acts of violence in the future that would constitute a continuing and serious threat to the lives and safety of others as evidenced by, at least, one or more of the following:

a. Continuing Pattern of Violence. The defendant has engaged in a continuing pattern of violence, attempted violence, and threatened violence, including, at least, the crimes alleged against the defendant in the Indictment in Counts One, Two, Three, Four, Five and Seven, and the crimes of which the defendant was previously convicted, as described in paragraphs B2, C1 and C2.

b. Admission of Other Crimes Against Children. The defendant did commit the offense after having previously killed three other children, offenses for which he has not yet been prosecuted, to-wit: The defendant has confessed to killing S.W., age 11, and C.C., age 9. The children disappeared from Seattle, Washington, on July 6, 1996. The bones and teeth of these children were recovered by law enforcement in February 1998 in Bothell, Washington, and their deaths have been confirmed. The defendant confessed to abducting and killing A.M.M., age 10, in April of 1997. A.M.M. disappeared on April 4, 1997, from Beaumont, California. His body was recovered north of Indio, California, and his death has been confirmed.

c. Flight Risk. The defendant poses a future danger to the lives and safety of other persons, as demonstrated by his flight from Fargo, North Dakota, in April 2005 to avoid prosecution in the State of Minnesota on charges that he engaged in criminal sexual contact with a person under 13 and that he engaged in attempted criminal sexual contact with a person under 13, as charged in Case No. K3-05-389 in Becker County, Minnesota.

To view the complete, 7-page document filed this morning, click here.

Update 5:20 p.m. ET:
KXLY: Duncan admits guilt in California, Seattle-area murders

AP: Kidnap-slay suspect confesses to more killings


JoJoFox said...

Way To Go , Capt!
Glad to see the blog entry FINALLY posted. If at first you don't succeed......(((smile)))

Capt. Fantastic said...

Heh, we'll see. Blogger software is still inserting my blog URL in front of my hyperlinks, rendering them useless.

Soobs said...

I am assuming these were the confessions from when he was first arrested, no? I mean, Peven didn't let him confess recently, right?

Anonymous said...

I don't think they were from the beginning??? I just hope his lawyer doesn't come up with some way to have the court toss the confession,but at least with Anthony LE has physical evidence.

it's the little things said...

Captain: I know this must have been covered long ago in prior posts, but I'm trying to remember why the connection wasn't made bw JET and these others murders previously. I thought they had prints on Anthony Martinez, and I know JET was already in the system as a previous offender.

BarnGoddess said...

gah! I will be so glad when this creep is maggot food..........

Capt. Fantastic said...

Soobs: Yes, those early interviews are the basis for these claims. And, to a degree, his 5nrevelations blog entry about his "friend," the serial killer, who "killed three children" while out on parole.

However, King County Sheriff's office doesn't believe there is enough information- or a *real* confession- to warrant charging him with that crime; and they have been in charge of the girls' case since the bones were found.

I forwarded information to them about an alleged rape JED committed upon a child in that same time period. He was hauled in, but wasn't identified in a lineup. I hope they go back through their records for that case now.

We're chatting about this in the forum- come on in. :)

Capt. Fantastic said...

It's the little things: Hi, welcome to the Cellar!

The reason there was no "match" made (aside from it being a partial print) was because the states (CA & WA) were not sharing their databases.

Apostate said...

So. Duncan is going to get the death penalty. They'll strap him to a gurney, stick a needle in his veins and then pump him full of nighty-nights. He'll go to sleep and never wake up. How very nice for him. Seems, to me, like it's not going to be enough. Hammers, welding tools, kitchen implements...these seem to approach the level of 'appropriate' in my mind.

People like Duncan make me believe that there really is no God. And then, when their time comes, I find that I must hope that there is a God because their Earthly punishment does not even come close to 'justice'.

Selchie Grey said...

I have been observing and wondering about how he has grown his hair out and grown a beard now. Knowing his God complex... I have been wondering if he is trying to be Jesus or a savior or martyr or something like that. His closing statement today REALLY makes me wonder about this:

"This is not for my own salvation, but this is for yours and the hope of all of us together," Duncan concluded.

Does he really think that he is going to die… for all of us? I personally think that he is certainly sick and evil enough to believe that of himself. He is definitely narcissistic enough to hold himself that highly.

The thought that this could be going through his head really makes be angry... angrier I should say. This would be his "out" for himself... mentally. His excuse for himself and his actions. That he is doing so much 'good' for us all... now!... and that he would die for all of us and our salvation. Him being the martyr just makes me nauseated. To perceive of himself as a savior… he doesn’t deserve to be able to think of himself that way.

It's ALWAYS about "him" and how we (society and the government) effed him up. Couldn't possibly be that he had a choice in all of this and that "he" is a friggin MONSTER.

I just HATE him so much!! He is going to try to make himself 'grand' to the very end… and continue to tell all of us how it was all of our faults that turned him into a predator. And that's just not right! He doesn't deserve even the smallest amount of attention to be able spew his putrid poison thoughts out on all of us. It would be so good if he could get the message that we hear what he is saying, but that we do not believe him for a second... that we all know what a demented evil person he is and that he doesn't deserve his next breathe. I pray that the media will get that message to him. He deserves to have his ‘savior tactic’ taken away from him and face himself for the monster that he is.

He thrived on other peoples' fear... mentally and sexually. He delighted in creating that fear in people... especially children. But at one point he feared his own mortality. I remember reading that in one of his blogs. Now he deserves to feel that mortal fear for his own life in all of it's intensity... a million fold. And when his veins are burning deep inside… he deserves to experience the same fear that he inflicted on each and every one of his victims. And to have a clear understanding that HE is NOT a savior.

Vengeance is mine, sayeth the Lord… he deserves no Pity.