Deal reached in Duncan tape controversy

COEUR D'ALENE, Idaho — Lawyers for Joseph Edward Duncan III today dropped their demand for copies of disturbing videotapes found with the registered sex offender, after prosecutors said they would not use the tapes during trial.

The tapes were found in Duncan's vehicle after he was arrested July 2 with kidnap victim Shasta Groene, 8.

While prosecutors have not disclosed exactly what is on the tapes, they have said they are "graphic" and "vile" images of child pornography.

Kootenai County Prosecutor Bill Douglas had refused to make copies for defense lawyers, saying he feared that Shasta and her family would be further victimized if a copy somehow became public.

Duncan's public defender, John Adams, had insisted he needed copies of the tapes to mount an adequate defense for his client, who has been charged with three counts of murder and faces the death penalty if convicted.

First District Judge Fred Gibler initially ruled that Douglas must make copies, but Douglas asked him to reconsider, and a hearing on the matter was scheduled for today. That's when the two sides informed the judge they had reached a deal.

Adams said prosecutors agreed they would not use the contents of the tape in Duncan's murder trial, so the defense dropped its request for copies.

"They agreed they'll never try to introduce it in evidence, and I can look at it when I want," Adams said.

Assistant Prosecutor Lansing Haynes said the contents of the tapes would not be used during the trial or during the penalty phase, if Duncan is found guilty.

"We worked out an agreement that if the defense wants an expert to look at the videos, we'll accommodate that by taking it to them," Haynes said.

The issue was unusual because Duncan is not charged in state court with any crimes against Shasta or her 9-year-old brother, Dylan, who presumably are on the videotapes. Dylan was slain and his remains were found at a campsite in Montana.

In state court, Duncan faces three counts of first-degree murder in the bludgeoning deaths of the abducted children's mother, Brenda Groene; their 13-year-old brother, Slade; and their mother's boyfriend, Mark McKenzie. Prosecutors contend Duncan killed the three so he could kidnap the children for sex.

U.S. Attorney Tom Moss of Boise has said Duncan will be charged later in federal court with kidnapping the two children and killing Dylan.

Duncan's trial in state court is set to begin in January. Adams said he has not decided if he will seek to move the trial to a place where the crimes received less publicity.

While prosecutors are required by law to share evidence with defense lawyers in criminal cases and make copies when possible, there was legal precedent for a judge to ban the making of copies of tapes involving child pornography on grounds that such copies could inadvertently be released to the public and cause further damage to the victims.

Prosecutors contend the videos were made during the seven-week period when Duncan held the children captive in Montana.