Jury reaches decision in Duncan death penalty hearing
12:40 PM PDT on Friday, August 22, 2008
BOISE - The death penalty sentencing hearing for convicted killer Joseph Duncan is now in the hands of the jury.
Closing arguments wrapped up in Boise Federal Court Friday morning, with Duncan giving his longest, most shocking statement to the jury yet.
Duncan, who represented himself, told the courtroom he was "on a rampage" in the Spring of 2005, when he kidnapped Dylan and Shasta Groene from their North Idaho home. Duncan says his intent was to "kidnap, rape and kill until I was killed."
Duncan then admitted Dylan's murder was no accident. Duncan said, "I told SG [Shasta] it was an accident merely to gain her compliance."
Duncan went on to say, "This is not a confession. My confession was a long time ago. My argument essentially, your honor, is no argument."
Judge Edward Lodge then admonished Duncan and told him to consult with his stand-by counsel about the proper procedures for closing arguments.
After a brief recess, Duncan resumed his statement, admitting he had no intention of returning Dylan and Shasta Groene home. Duncan told jurors, " Everyone tends to lie to children" and that his lies are not a true indication of his character.
Duncan added, "You people really don't have any clue yet of the true heinousness of what I've done."
Thursday
Testimony in the case ended Thursday, without Duncan giving any defense. He took the stand in his own defense, but had no statement prepared. Instead, he offered to answer any questions prosecutors wanted to ask. Prosecutors declined and Judge Edward Lodge called a brief recess before beginning the long process of jury instructions.
Prosecutors played three graphic videotapes of Duncan torturing Dylan Groene at a remote cabin Montana. Several jurors cried and others looked away while the videos were shown in court.
Duncan objected to the videos being played, telling Judge Lodge they "will turn jurors into my victims and I will be tried by a jury of my victims, not a jury of my peers."
While specific details of the videos are too explicit to share, they show Duncan forcing Dylan Groene to perform sex acts and then whipping the boy with a belt. Duncan then hangs Dylan from the cabin's rafters with a wire noose until he passes out.
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In the video, Duncan said at one point: "The Devil likes to watch children suffer and cry."
After Dylan regained conciousness, Duncan told him, "You're okay, God saved you."
Replied Dylan: "Every time I looked up there at you, I got really scared. It felt like I was in Heaven, but I'm not."
At the conclusion of the video Duncan told Dylan that he was going to take him to the hospital and notify authorities of Shasta Groene's whereabouts.
Wednesday
The following testimony was heard before a jury Wednesday in the death penalty trial of Joseph Duncan.
- FBI firearms expert John Webb analyzed the shotgun that authorities say was used to kill Dylan Groene. Webb told the jury he conducted an accidental discharge test. He testified it was not possible the gun could have gone off without pulling the trigger. Webb said it takes five pounds of force to pull the trigger. Dr. Sharon Cooper, a developmental Forensic Pediatrician conducted a medical assesment of Shasta Groene and reviewed her interviews with investigators. She determined that Dylan could have survived abdominal wounds the boy suffered after the blast.
- U.S. Forest Service Officer Clint McGuffey presented a map of St. Regis area in Lolo National forest around the campsite. Aerial photos of the campsite showed rugged terrain. McGuffey said he could patrol the entire area all day and not see a single person. FBI Special Agent Mike Sotka investigated Duncan’s makeshift camp site as a crime scene. DNA testing of a skullcap found in the area revealed it was Dylan’s.
Duncan engaged in the most extensive cross-examination of the prosecution’s witnesses thus far. He showed more responsiveness in court today than he has in the past. He has objected to evidence presented such as the skullcap, and has been more engaging with prosecution's witnesses.
Tuesday
Testimony continued in the Duncan trial on Tuesday with more evidence of Duncan's behavior prior to the murders and a video of Shasta Groene.
The morning after being rescued, Shasta did an on-camera interview with the Kootenai County Sheriff's Office. Jurors watched that interview in Boise's federal court.
AP
In the interview she told authorities Duncan molested her and her brother and videotaped those events.
"If you guys got a hold of that tape you'd be crying really hard," she told investigators.
Roughly a week into their kidnapping, Groene said she believed Duncan accidentally shot her brother with a 12-gauge sawed off shotgun. She described seeing her wounded brother before Duncan shot him one more time.
In the interview Groene quoted Duncan as saying: "Oh my God, oh my God!" She said he was sad and crying.
She then helped Duncan by wrapping Dylan's body in a tarp. The boy's remains were burned on a campfire.
Earlier in the day, a witness in the Joseph Duncan death penalty trial told the courtroom he made contact with Duncan on May 5, 2005 near the U.S./Canadian border.
Joseph Duncan
Bryan Olson was spraying weeds when he briefly saw Duncan near a gravel pit near Stryker, Mont.
Duncan saw Olson and asked him why he was at work on a weekend day. Olson replied to Duncan and told him it was Monday.
Olson told the courtroom that Duncan acknowledged that he had his days mixed up and appeared disoriented at the time.
Earlier in the morning session federal prosecutors continued their presentation of GPS coordinates taken from Duncan's vehicle as they tracked his whereabouts after he kidnapped Dylan and Shasta Groene.
Other evidence presented by prosecutors showed that Duncan was camping and collecting children's toys throughout the region.
A jury previously convicted Duncan for the murder of Dylan Groene.








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