NEWS RELEASE
FOR IMMEDIATE RELEASE:
January 19, 2007

CONTACT: Jean McNeil
Public Information Officer
(208) 334-1211

FEDERAL CHARGES FILED AGAINST DUNCAN
Grand Jury’s Findings of Special Circumstances Open Door to Death Penalty

A federal grand jury in Coeur d’Alene has returned an indictment charging Joseph Edward Duncan III with the kidnapping and sexual assault of two young children and the death of one of them, U.S. Attorney Tom Moss announced today.

In charging Duncan with Kidnapping Resulting in Death, the grand jury made special findings that Duncan intentionally killed 9-year-old D.G. after substantial planning and premeditation, and that he did so in an especially heinous, cruel, and depraved manner. The grand jury also found that the child’s killing involved torture and serious physical abuse, that Duncan intentionally inflicted serious bodily injury that resulted in death, and that he intentionally engaged in an act of violence he knew created a grave risk of death to a particularly vulnerable victim.

These special findings will allow the government to file a notice of intent to seek the death penalty, which the United States Attorney General has already authorized the government to do.

The indictment also charges Duncan with kidnapping and sexually assaulting 8-year-old S.G.

The 13-page indictment includes ten counts of criminal activity and six pages of special findings. Specifically, Count One charges Duncan with Kidnapping Resulting in Death, Count Two charges him with Kidnapping, Counts Three and Four charge him with Aggravated Sexual Abuse of a Minor, and Count Five charges him with Sexual Exploitation of a Child Resulting in Death.

He is also charged with being a Felon in Possession of a Firearm, Using a Firearm During and in Relation to a Crime of Violence Resulting in Death, Transportation of a Stolen Firearm, Possession of an Unregistered Firearm and Transportation of a Stolen Vehicle.

In their special findings, the grand jury also noted Duncan’s previous convictions for rape, first-degree murder and kidnapping.

Salt Lake City FBI Special Agent in Charge Timothy J. Fuhrman stated, “From the outset of this investigation, the FBI has been unwavering in its commitment of time and resources to ensure that justice is served in the resolution of the abduction of the young children and the subsequent murder of one of them. Along with our law enforcement partners from the Kootenai County Sheriff’s Office and the Idaho State Police, the FBI has continued this extensive investigative effort since the recovery of one of the children and apprehension of Joseph Duncan on July 2, 2005. Today’s multiple count indictment of Joseph Duncan for his actions in connection with these crimes marks another milestone in the pursuit of justice for the victims. I applaud the commitment and efforts of the dedicated prosecutive team from the United States Attorney’s Office for the District of Idaho in seeking and obtaining this indictment. That team has the continuing full support of the FBI as the United States Government endeavors to bring Mr. Duncan to the bar of justice in this case.”

“Today’s charges reflect the beginning of the judicial process to bring this case to a successful conclusion,” said Special Agent in Charge Kelvin N. Crenshaw, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “ATF is proud to put forth evidence that will contribute to the prosecution of these heinous acts, including use of a firearm during a crime of violence that resulted in death. Sadly, an entire family was brutalized by this crime.”

Duncan is expected to appear in federal court in Boise within the next few days to hear the charges against him and enter pleas. Federal prosecutors are expected to ask that he be transferred to the custody of the U.S. Marshals Service and held pending trial.

An indictment is a means of charging a person with criminal activity. It is not evidence. The person is presumed innocent until proven guilty beyond a reasonable doubt.