Joseph Duncan III

Case record: Joseph Duncan III

Joseph Edward Duncan III (born February 25, 1963) was an American convicted serial killer and sex offender who received national attention after his arrest in connection with the kidnapping of Shasta Groene, age eight, and her brother Dylan Groene, age nine.

He was convicted in the state of Idaho for kidnapping and murdering three victims in Coeur d'Alene, Idaho, for which he received six life sentences. He was convicted in federal court for kidnapping Shasta and Dylan Groene and murdering Dylan, for which he received three death sentences. He was convicted in the state of California for kidnapping and murdering Martinez, for which he was scheduled to be given another life sentence. He was also known for having confessed but not been charged with the 1996 murder of two girls in Seattle, Washington.

People and victims

• Joseph Edward Duncan III
• Brenda Groene, 40
• Mark McKenzie, 37
• Slade Groene, 13
• Dylan Groene, 9
• Shasta Groene, 8
• Anthony Michael Martinez, 10 (Anthony Michael Martinez was a resident of Beaumont, California)
• Carmen Cubias, 9
• Sammiejo White, 11
• (In Washington state confessions) two girls in Seattle, Washington (identified in later context as Carmen Cubias and Sammiejo White)

Timeline

• 1978 — Duncan, aged 15, committed his first recorded sex crime in Tacoma, Washington, raping a nine-year-old boy at gunpoint.
• 1979 — Duncan was arrested driving a stolen car; he was sentenced as a juvenile and sent to Dyslin's Boys' ranch in Tacoma, where he told a therapist assigned to his case that he had bound and sexually assaulted six boys.
• 1980 — Duncan was arrested and sentenced in Tacoma, Washington, for sexually assaulting a boy at knifepoint; the term was 20 years and was followed by sex offender treatment at a state hospital.
• 1982 — Duncan failed at the treatment program and was sent to prison.
• 1994 — Duncan was paroled.
• 1996 — Carmen Cubias (9) and Sammiejo White (11) vanished after leaving the Crest Motel in Seattle, Washington to panhandle.
• 1997 — Anthony Michael Martinez (10) was abducted in Beaumont, California, and his body was found.
• December 1997 — Washington state officials revoked Duncan's parole, stating he was dangerous.
• 1998 — The remains of Carmen Cubias and Sammiejo White were found in Bothell, Washington.
• 2000 — Duncan was released from prison and moved to Fargo, North Dakota.
• April 2005 — A federal warrant was issued for Duncan's arrest on the charge of “unlawful flight to avoid prosecution.”
• May 16, 2005 — Kootenai County, Idaho authorities discovered the bodies of Brenda Groene, her boyfriend Mark McKenzie, and her son Slade Groene in their home near Coeur d'Alene.
• July 2, 2005 — Shasta Groene was found in Duncan's custody at a Denny's restaurant in Coeur d'Alene; police arrested Duncan.
• July 4, 2005 — Investigators found human remains in the Lolo National Forest near St. Regis, Montana, which were later positively identified as Dylan Groene.
• August 3, 2005 — Riverside County Sheriff announced Duncan's connection to the Martinez case.
• August 13, 2008 — The penalty phase for Duncan's federal trial began.
• August 27, 2008 — After 3 hours of deliberation, the jury recommended the death penalty and the judge sentenced Duncan to three death sentences for “kidnapping resulting in death, sexual exploitation of a child resulting in death, and use of a firearm in a violent crime resulting in death,” all related to the death of Dylan Groene.
• November 3, 2008 — Duncan was sentenced to an additional three federal life sentences for kidnapping Shasta Groene and for sexually abusing Shasta and Dylan Groene.
• January 18, 2007 — Duncan was indicted in federal court in Coeur d'Alene on 10 counts.
• January 23, 2007 — Duncan admitted to killing three other children in the California area.
• January 24, 2009 — Duncan was extradited to California.
• March 15, 2011 — Duncan pleaded guilty to Martinez's murder.
• April 5, 2011 — Duncan was scheduled to be formally sentenced.

Background

Duncan was clinically diagnosed with antisocial personality disorder in 1980 while he was in prison for raping a younger boy at knifepoint. He had been sentenced to 20 years in prison in 1980 for sexually assaulting a boy in Tacoma. He spent most of his adult life in prison. He was released on parole in 1994, returned to prison in 1997 for violating the terms of his parole, and was later released from prison on July 14, 2000.

He was arrested in May 2005 in Minnesota. A judge granted bail at US$15,000. A Fargo businessman, Joe Crary, provided money for bail. Duncan jumped bail and disappeared.

He later appeared in connection with the Groene family case and was also connected during incarceration to unsolved murders in California and Washington occurring while he was on parole from 1994–1997, though he had only been charged in the California case.

The offence: Groene family case (Idaho)

On May 16, 2005, Kootenai County, Idaho authorities discovered the bodies of:

• Brenda Groene, 40
• Mark McKenzie, 37
• Slade Groene, 13 in their home along Lake Coeur d'Alene, outside the city of Coeur d'Alene.

Two of Brenda Groene's other children were missing:

• Dylan Groene, 9
• Shasta Groene, 8

An AMBER Alert was issued for the missing children. Autopsies determined the cause of death to be “blunt trauma to the head,” and authorities noted the victims had been bound. Authorities investigated the deaths as homicides.

After an intense search, Shasta was seen in a man's custody in the early morning hours of July 2, 2005, at a Denny's restaurant in Coeur d'Alene. The waitress, manager, and two customers recognized Shasta from media attention, called police, and positioned themselves to prevent Duncan from leaving.

Police officers arrived at the restaurant and arrested the man, later identified as Duncan, without incident. Shasta identified herself to a waitress and was taken to Kootenai Medical Center for medical treatment and to be reunited with her father. Coeur d'Alene police detained Duncan on kidnapping charges and on his outstanding federal warrant.

Police asked the public for tips specifically about sightings of the stolen red Jeep Cherokee with Missouri license plates that Duncan was driving. Authorities discovered Duncan had rented the car in Minnesota and never returned it. A gas station employee in Kellogg, about 40 miles (64 km) east of Coeur d'Alene, recognized the vehicle from having stopped at her station hours before Duncan was arrested. She did not confront the girl wandering around the station because nothing appeared out of the ordinary. The employee and her manager notified authorities after reviewing surveillance camera footage and seeing Duncan and Shasta in the video.

On July 4, 2005, investigators found human remains at a remote makeshift campsite in the Lolo National Forest near St. Regis, Montana. The remains were sent to the FBI lab in Quantico, Virginia for DNA testing and were positively identified as Dylan Groene.

Shasta Groene’s police interview

Much of what was known about the Groene family murders was revealed by Shasta Groene herself. In her police interview, Shasta stated:

• Duncan killed her mother, older brother, and her mother's fiance.
• Duncan then took Shasta and her brother away in the red Jeep Cherokee.
• Shasta saw Duncan wearing black gloves and holding a gun.
• Her captor tied her mother's hands with nylon zip ties and did the same to her mother's fiance and her brother Slade.
• Dylan and Shasta were removed from the house and placed inside the stolen rental car.
• While she waited with her brother, she heard her mother's fiance scream out and then saw her injured older brother staggering away from the entrance to the home.
• Duncan bludgeoned the three to death; neither Shasta nor Dylan witnessed the murders.
• Both Shasta and Dylan were removed to other locations and were repeatedly molested for six weeks.
• They drove a long distance and stayed in two different campsites.
• Duncan told her about having beaten her family members to death with a hammer.

Dylan’s remains were found days after Shasta was rescued in a remote, woodland area in Montana.

Trial: Idaho state court

Duncan first appeared in a Kootenai County court on July 13, 2005, where he was charged with:

• three counts of first-degree murder
• three counts of first degree kidnapping in conjunction with the deaths of Brenda and Slade Groene and Mark McKenzie.

Trial was set to begin on January 17, 2006. It was delayed until April 4, after the district judge granted a request to the defense for more time to prepare for the trial. It was delayed again until October 26 after 1st District Judge Fred Gibler stated: “No one wants to try this case twice, including me.”

Duncan pleaded guilty on October 16, 2006 to all state charges against him via a plea bargain. He was immediately sentenced to three consecutive life sentences without the possibility of parole for the three kidnapping charges. Sentencing on the three murder charges was continued pending the outcome of his federal trial. The judge stated that if he did not receive the death penalty on the federal charges, he would return to Kootenai County for a death penalty phase on the state murder charges.

After he was sentenced to death on federal charges, Kootenai County sentenced Duncan to three additional life sentences. He also agreed to cooperate with Kootenai County sheriff's detectives investigating his crimes and provide passwords to encrypted files stored on his computer.

Duncan appeared in court on July 6, 2005 during his arraignment on two counts of first-degree kidnapping.

Investigation and federal connection

Duncan’s arrest led the FBI to launch a nationwide review of unsolved missing child cases. He was implicated as a possible suspect in crimes that occurred between 1994 and 1997 when he was on parole, and between 2000 and 2005 when he was free from prison. He was cleared as a suspect in some cases, but authorities in California and Washington had enough evidence to believe he had committed unsolved murders in their jurisdictions.

Police asked for tips about the stolen red Jeep Cherokee with Missouri license plates Duncan was driving at the time of his arrest.

U.S. federal court: charges, plea, and sentencing

On January 18, 2007, Duncan was indicted by a federal grand jury in Coeur d'Alene on 10 counts of “kidnapping, kidnapping resulting in death, aggravated sexual abuse of a minor, and sexual exploitation of a child resulting in death,” and other crimes related to illegal firearm possession and vehicle theft.

He was arraigned the following day in federal court in Boise, Idaho, where a judge ordered Duncan to stand trial the following March. The defense requested a postponement, which was granted the week the trial was originally scheduled to begin, and a new trial date was set for January 22, 2008.

On December 3, 2007, Duncan pleaded guilty to all 10 charges. As part of the agreement, Shasta Groene would not have to testify in the penalty phase of the trial. Due to a gag order, other details of the plea agreement were not released.

The penalty phase began on August 13, 2008. On August 27, 2008, after 3 hours of deliberation, the jury recommended the death penalty. The judge sentenced Duncan to three death sentences for “kidnapping resulting in death, sexual exploitation of a child resulting in death, and use of a firearm in a violent crime resulting in death,” all related to the death of Dylan Groene.

On November 3, 2008, Duncan was sentenced to an additional three federal life sentences for kidnapping Shasta Groene and for sexually abusing Shasta and Dylan Groene.

Investigation and confessions involving Washington and California cases

Federal prosecutors revealed that Duncan confessed to the murders of:

• Sammiejo White, 11
• her sister, Carmen Cubias, 9 who vanished on July 6, 1996 after leaving the Crest Motel in Seattle, Washington to panhandle. Their remains were found February 10, 1998 in Bothell, Washington.

The same reporting also stated that Duncan confessed to murdering Anthony Martinez, 10, in California in 1997.

The offence: Anthony Michael Martinez (California)

On April 4, 1997, 10-year-old Anthony Michael Martinez was playing with friends in the front yard of his home in Beaumont, Riverside County, California. An unknown man approached the group asking for help finding a missing cat. When the boys refused, the man grabbed Martinez at knifepoint and threw him into his vehicle.

After a 2-week search, on April 19, Martinez's body was found nude and partially decomposed in Indio. Investigators noted Martinez had been sexually assaulted and bound with duct tape. A composite sketch was made available and a partial fingerprint was taken from the duct tape found on Martinez’s body. The case went cold.

In July 2005, bloggers noticed similarities between Duncan and the composite sketch and similarities between Duncan’s vehicle and the vehicle described in the Martinez case. The Federal Bureau of Investigation and National Center for Missing and Exploited Children became involved and contacted Riverside County authorities. Riverside authorities matched the fingerprint taken from Martinez’s body to Duncan.

Riverside County Sheriff officials announced Duncan’s connection to the Martinez case on August 3, 2005.

Attempts by Riverside County officials to extradite Duncan to California included an appeal by Governor Arnold Schwarzenegger. Duncan's federal trial proceeded, and he was extradited to California on January 24, 2009, five months after being sentenced to death by federal court.

On March 15, 2011, Duncan pleaded guilty to Martinez's murder. As part of the plea deal, Duncan was scheduled to be sentenced to life imprisonment without the possibility of parole or right to appeal.

Riverside County District Attorney Paul Zellerbach justified the life sentence by stating that he had consulted with the Martinez family, who wanted closure in the case, and that: “the federal system will kill him long before the state of California would have seriously considered it.”

Duncan was scheduled to be formally sentenced on April 5, 2011, and after sentencing he would be returned to death row at the United States Penitentiary in Terre Haute, Indiana.

Background: “The Fifth Nail” and “Fifth Nail Revelations”

Duncan published his ideas on the Internet and titled his site “The Fifth Nail,” also the URL for his personal Web site. He used this name for his own website and blog.

According to lore included with the material describing his use of the name, there was a fifth nail that was taken away and hidden by Roma: “in addition to the four nails used to pierce the body of Jesus Christ in His crucifixion, there was a fifth nail that was taken away and hidden by Roma.”

The website depicted Duncan’s day-to-day life as a sex offender and advocated for sex offenders, including calls for legal reform aimed at sex offenders, calling them “State Sanctioned Discrimination.” Duncan was particularly frustrated by the requirement for sex offenders to participate in a public registry.

With the help of a “ghost blogger,” Duncan posted to his new blog “Fifth Nail Revelations” from prison. He wrote his blog entries by hand and mailed them to the “ghost blogger,” who posted them exactly as written. Law enforcement agencies watched the blog contents in hopes of gathering incriminating information about Duncan’s crimes.

Other details: additional incidents and arrests

Duncan had a lengthy criminal history beginning as a juvenile. His first recorded sex crime occurred in 1978 in Tacoma, Washington, when he was 15 years old; he was recorded as raping a nine-year-old boy at gunpoint.

In 1980, he stole a number of guns from a neighbor and abducted a 14-year-old boy, sodomizing him at gunpoint. He received a 20-year sentence for this conduct and was released on parole in 1994 after serving 14 years.

While on parole, Duncan was known to have lived in several places in the Seattle area and to have traveled widely throughout the United States. In 1996, he was arrested in Seattle for marijuana use and released on parole several weeks later with new restrictions.

Authorities believed that during his parole Duncan murdered Sammiejo White and Carmen Cubias in Seattle in 1996 and Anthony Martinez in Riverside County, California in 1997, but those cases went cold and were not tied to Duncan until after his arrest in the Groene case.

Duncan was arrested in Kansas and returned to prison in 1997 after violating parole terms.

He was released from prison on July 14, 2000 with time off for good behavior and moved to Fargo, North Dakota.

In 2004, Duncan groped the genitals of a 7-year-old boy. He was arrested in April 2005 in Minnesota. The judge granted bail at US$15,000. A Fargo businessman, Joe Crary, gave Duncan money for bail. Duncan skipped bail and disappeared.

In March 2005, Duncan was charged with the July 3, 2004 molestation of two boys at a playground in Detroit Lakes, Minnesota. On April 5, 2005, Duncan appeared before a Becker County judge, who set bail at US$15,000. A Fargo businessman helped Duncan post bail.

Investigators considered whether a “Minnesota girl” mentioned in Duncan’s online diary could be related to another minor who was listed as missing.

Outcome and current status across jurisdictions

In Idaho state court, Duncan was convicted for kidnapping and murdering Brenda Groene and Slade Groene and Mark McKenzie and was given six life sentences.

In federal court, Duncan was convicted for kidnapping Shasta and Dylan Groene, and murdering Dylan. He was sentenced to three death sentences. He was also sentenced to an additional three federal life sentences for kidnapping Shasta Groene and for sexually abusing Shasta and Dylan Groene.

In California state court, Duncan pleaded guilty to Martinez’s murder. The material stated that as part of his plea deal he was to be sentenced to life imprisonment without the possibility of parole or right to appeal, and he was scheduled to be formally sentenced on April 5, 2011, after which he was to be returned to death row at the United States Penitentiary in Terre Haute, Indiana.

The material also stated that Duncan could face further charges for failure to appear and skipping bail in Minnesota, and that he may be convicted in the federal system if charged there, though those federal outcomes were not described as completed in the material provided.