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Updated Oct. 6, 2005, 4:47 p.m. ET

Minn. county accused of mishandling sex offender in Groene kidnapping case

COEUR D'ALENE, Idaho (AP) — The estates of Brenda Groene and her boyfriend filed a claim against a Minnesota county, saying it negligently mishandled the case of a sex offender who is accused of killing the couple and two of Groene's children.

Joseph E. Duncan III was released on $15,000 bail in April after being charged with molesting two boys in Becker County, Minn. The legal claim argues the bail amount was too low for someone with his criminal history and that Becker County didn't sufficiently monitor Duncan upon his release.

"My clients are trying to send a message that state government agencies need to be extra vigilant in these types of cases," said attorney Russell Van Camp, who represents the estates of Brenda Groene and Mark McKenzie.

In May, Groene, her 13-year-old son and McKenzie were slain in her home, and her younger children, 8-year-old Shasta and 9-year-old Dylan, were kidnapped. Duncan was arrested in July after he and Shasta were seen in a restaurant. Dylan's remains were found later in a Montana forest.


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The claim cites the actions of Judge Thomas Schroeder, who set the bail amount, and Becker County assistant prosecutor Michael Fritz. He had requested $25,000 bail, an amount his boss later said was low considering Duncan's history of violent sexual attacks on children.

A transcript shows Schroeder was told during the hearing that Duncan was a convicted sex offender, but no one present said specifically he was a Level 3 offender, those considered most likely to commit more crimes. Schroeder said he didn't know Duncan was a Level 3 offender.

"He was banned from one of Becker County's parks and they had all the information on him," Van Camp said. "They still set an extremely low bail."

The tort claim mailed Wednesday to Becker County officials seeks $500,000 in damages. It was made by Brenda Groene's parents and Mark McKenzie's brother. The father of the Groene children, Steven Vincent Groene, is not involved in the claim and declined to comment on it.

Becker County officials would not comment, saying they hadn't seen the claim.

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