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In this 2006 file photo, Joseph Edward Duncan III, right, is shown during a hearing at the Kootenai County Sheriff's Department Justice building in Coeur d'Alene, Idaho. Kathy Plonka / The Associated Press

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Jury sentences Duncan to death

Wednesday, August 27, 2008 7:09 PM PDT

By Rebecca Boone
The Associated Press

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BOISE — A longtime sex offender was sentenced to death Wednesday for the 2005 kidnapping, torture and murder of a 9-year-old northern Idaho boy after federal jurors who watched video of some of the brutality deliberated just three hours.

The jurors’ recommendation was binding on U.S. District Judge Edward Lodge, who thanked them, dismissed them and then sentenced Joseph Edward Duncan III.

Relatives of the victim, Dylan Groene, remained somber as the jury’s decision was announced. Duncan murdered Dylan’s mother, older brother and his mother’s fiance to kidnap him and his younger sister, who was sexually abused along with her brother but survived.

Duncan showed no reaction other than smiling as the verdict was passed to the judge.

“We’re happy with the verdict, but it’s a shame — this should have been limited to one death,” said Steven Groene, the father of the children. “He should have had the courage and the guts to kill himself before killing anyone else.”

Duncan took Dylan and the boy’s then-8-year-old sister, Shasta, to a remote western Montana campsite where he raped, tortured and threatened them before shooting Dylan in the head and burning his body. Jurors viewed horrifying video Duncan made of him sexually abusing, torturing and hanging Dylan until the boy lost consciousness.

“This defendant is dangerous. He is a predator who takes pride in his work,” prosecutor Traci Whelan said. “He earned this day. His actions ... call out for the death penalty.”

Duncan acted as his own attorney but had offered no response to prosecutors’ closing argument.

“I have no argument,” he told the court.

With an eye toward kidnapping the two children, Duncan stalked their family. In 2005 he entered their Coeur d’Alene-area home and used a hammer to kill their 13-year-old brother, Slade Groene, his mother, Brenda Groene, and her fiance, Mark McKenzie.

Duncan was arrested and Shasta rescued weeks after the kidnappings when a waitress at a Denny’s in Coeur d’Alene called police after recognizing the two as they ate.

Duncan pleaded guilty in December to 10 federal charges involving the kidnappings and the murder of Dylan. He pleaded guilty to the other three murders in state court, where he also could be sentenced to death.

In closing arguments, Whelan reminded the jury of Duncan’s lifelong “pattern of violence,” including a conviction for raping a boy at gunpoint in 1980. Duncan has told investigators he killed two half-sisters from Seattle in 1996, and he is charged with killing a young boy in Riverside County, Calif., in 1997.

Duncan may now be brought to Riverside County to stand trial in the death of Anthony Martinez.

It’s hard to tell if the end of the federal case will offer any comfort to Shasta, Groene said.

“I can’t speak for Shasta, I can’t get inside her head,” he said. “Possibly now we’ll have to be dragged through a court proceeding in California. If they go ahead with the prosecution, it would be such as waste of taxpayer money because he’ll never spend a day in a California prison.”

Darlene Torres, Brenda Groene’s mother, said she was glad the case was over.

“Justice has been served,” Torres said. “It’s been very painful.”

She said that when she saw Duncan in court, “I seen nothing but an evil, empty, coldhearted shell.”

“The jury speaks the mind of the community,” U.S. Attorney Tom Moss said. “By the verdict today, they have given voice to the victims.”

After the verdict, the jurors were whisked away from the federal courthouse in two white vans so they could avoid the phalanx of media covering the hearing.

The heinousness of the evidence in Dylan’s murder made it particularly difficult for the jurors to remain impartial as they deliberate, said Art Patterson, a jury consultant and senior vice president of the trial consulting firm DecisionQuest.

“Generally, for human beings, it’s pretty hard to maintain impartiality when confronted with such horror,” Patterson said.

“How could any juror not want to see this person removed from our list of living human beings? How could you live with yourself as a juror if there’s any chance this human being could escape from jail and do something like this again?” Patterson said.

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Obit Woman wrote on Aug 27, 2008 11:32 AM:

" If he felt ANY remorse, I would recommend life in prison so he could dwell on what he's done. But since he has no remorse and would only derive pleasure from his memories of torture, rape and murder, he should be put to death - quickly. Send this demon back to hell. "

cynic954 wrote on Aug 27, 2008 11:35 AM:

" What is there to talk about? You shoot rabid dogs dont you. "

pinky wrote on Aug 27, 2008 12:02 PM:

" This is an absolutely disgusting man!! Somehow an eternity in hell doesn't even seem like a fitting punishment! "

banana hammock wrote on Aug 27, 2008 12:33 PM:

" just watch what the liberal judges do. Parol in 5 yrs "

stargoddess wrote on Aug 27, 2008 2:21 PM:

" There's NO PAROLE when someone is sentenced to death. "

citizen_jane wrote on Aug 27, 2008 2:50 PM:

" There are no words... I simply shudder when I think of the irreversible damage done to the surviving child. The others are in heaven but she is here to suffer a life of grief and horrible memories. I fear for my own children, with monsters like this out there. "

TDN Bad Boy wrote on Aug 27, 2008 3:01 PM:

" Banana Hammock you got part of it right. Watch what the Liberal Judges on the 9th District Court of Appeals does with this one. He can't be paroled but those judges will not stand for the death penalty. My money is one of two things -- the will find some glitch that will call for a retrial or they will set aside the death sentence. That group is SF should be put into an 8X8 cell. I'll bet that little boy was more courageous than those cowardly Liberal judges will be. "

pinky wrote on Aug 27, 2008 3:03 PM:

" I say export him to Texas, he'll be dead before this year is over!!! Good job jury! I can't even look at his picture without seeing the devil within that man! "

lord gregor wrote on Aug 27, 2008 3:41 PM:

" Justice would have already been done by locking up this filth for the rest of his life. Killing him is nothing but an act of revenge. It is state-sanctioned MURDER. Too many innocent people have been murdered under the death penalty and it should be abolished. I am Lord Gregor. "

country gal wrote on Aug 27, 2008 3:56 PM:

" lord gregor: I don't want my money wasted on this evil filth and I'm sure others feel the same way. It's either the death penalty or dump him in a dark hole in outer space or miles and miles of desert like the Sahara Desert with no food and water. "

El Gabilon wrote on Aug 27, 2008 4:04 PM:

" We recommend that the Appeals Court reduce the sentence to life imprisonment in solitary confinement, w/no radio, tv., etc. "

The Zipster wrote on Aug 27, 2008 4:14 PM:

" It's really too bad they can only kill him one time. "

erin_go_braugh37 wrote on Aug 27, 2008 4:40 PM:

" FYI...as much as I'd like to see him dead and gone too....Country Gal, it does cost MORE to put them on death row than it does for a life sentence.

Either way, he should die SOON because I believe in an eye for an eye Lord Gregor!! "

country gal wrote on Aug 27, 2008 6:13 PM:

" erin_go_braugh37: I had heard that it cost more to put them on death row and how can that be? What's the difference in cost between prison and death row? Death row is still prison. "

tallsy wrote on Aug 27, 2008 7:05 PM:

" He gets what he deserves. I really don't think he really cares about waht he did. Any person who kills another human life always should get the death penalty "

cheney119 wrote on Aug 27, 2008 7:31 PM:

" OK you brilliant bloodthirsty bloggers. How about the unsolved murder cases in Western Washington and California.
Where is the leverage now that this scum has been sentenced to death? Will these cases go abandoned, what of their families? How about some justices for the next of kin or do you all just want your pound of flesh. Isn't the 6th commandment THOU SHALT NOT KILL. Don't worry though I expect so little from you nitwit bloggers. Why expect intellectual consistancy from people that thank god ever ten seconds and then ignore the 10 commandments consistently. "

pinky wrote on Aug 27, 2008 8:24 PM:

" Lord Gregor...he plead guilty to these crimes, and even had video of him committing them... there will no slaughtering of anything innocent when that man dies!!!
Cheny...God also said that you must obey the laws of man. This man being sentenced to death doesn't even begin to come close to equalling the damage he did to that poor child that survived, let alone the rest of the family that is no longer with us. I love God, and I leave you with a few verses
Deuteronomy 19:21
21 Show no pity: life for life, eye for eye, tooth for tooth, hand for hand, foot for foot.
Leviticus 24:20
20 fracture for fracture, eye for eye, tooth for tooth. As he has injured the other, so he is to be injured.
Exodus 21:23-25
But if there is serious injury, you are to take life for life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, bruise for bruise
and finally( my favorite):
Leviticus 24:19-21
If anyone injures his neighbor, whatever he has done must be done to him: 20 fracture for fracture, eye for eye, tooth for tooth. As he has injured the other, so he is to be injured. 21 Whoever kills an animal must make restitution, but whoever kills a man must be put to death.
DO NOT ATTEMPT TO QUOTE THE BIBLE WHEN IT IS APPARENT THAT YOU HAVE ONLY READ THE CLIFF NOTES! please continue, I know my bilbe! "

vet wrote on Aug 27, 2008 8:31 PM:

" Re; cheney119. you really need to get away from some protection and see the real world for what it is! you can not live by gods commandments or you just wont make it. times have changed and people have changed. God has not giving us new commandments to cope with these type of trash. "

cheney119 wrote on Aug 27, 2008 8:47 PM:

" Answer the question what of Duncan's other crimes? They want him for murders in Western Washington and in California. Where's the leverage now that he's ben sentenced to death? You people are not terribly bright. Too bad Duncan will probably get off because he can deal his other offenses. And you bible thumpers want to ignore the 6th commandment THOU SHALT NOT KILL. You mean that not all the 10 commandments apply? Really? WOW!!! Chime in christians, I'm an agnostic but I didn't think these kind of things were up for debate. How about some intellectual consistancy? Does that mean I can covet my neighbor's donkey now? You're a Vet? Do you enjoy working with animals? Or are you implying you served this country. Remember your oath? I remember mine! "

Piper wrote on Aug 27, 2008 8:53 PM:

" Cheney119- You are exactly right. Let's teach people not to kill by killing them...Smart. The death penalty has never lowered the homocide rate - it's legalized revenge. Once you start executing people, where does it stop?
Some of the most "righteous" are the most bloodthirsty. Go figure. "

pinky wrote on Aug 27, 2008 9:22 PM:

" Cheney - How pretentious of you to quote a god you do not believe in... Duncan will not die tomorrow, he will transported to California where he will be put on trial for his crimes there, then he will be sent back to Washington for a trial on his crimes here... Did you just scan my response or did you not read the verses from the bible that I quoted? Eye for an eye? God's words are irrefutable, at least to me! I will say it again, how arrogant and pretentious you are to quote the words of a god you don't believe in!! And you call the rest of ignorant??? Don't even talk about intellectualism! I didn't think it was possible but you have lost even more credibility in my eyes! "

lord gregor wrote on Aug 27, 2008 9:59 PM:

" Does he deserve to die? I've said it before, I wanna shoot the SOB myself. But that's not my place NOR is it my right to take the life of another person. The system is meant to protect and serve the community. Both means are met by locking this man away for the rest of his sick, miserable life. If he finds pleasure in that, none of us should even care. He will never be able to do this again. THAT is justice. Killing him is revenge. Those who say "an eye for an eye" would see their society be eye-less. Justice is not about revenge. It is about protecting the innocent from the guilty, and a life sentence would do exactly that. Anyone who thinks the fictitious "activist judges" (seriously, you can't think of a better description than the one Karl Rover and Rush Limbaugh gave you? Be original!) are going to let this person ever again be free are completely ignorant of the law. This man admitted his guilt in several murders, and he will never again taste freedom. Cheney119 is absolutely correct: the death penalty will do NOTHING to help those people find out what happened to their missing loved ones. How many others did this person kill? We could have those answers, but, no, people would rather throw that all away just to see a hangin'. I am Lord Gregor. "

Amazed By Ignorance wrote on Aug 27, 2008 10:30 PM:

" TDN Bad Boy...you finally crossed the line. How dare you use such a tragedy to support your obviously baised politics? Show some respect. "

missymae wrote on Aug 27, 2008 10:58 PM:

" to lord gregor what If It was your family would you still think of It the same way an eye for an eye the way I see It I would love to bash In his skull the way way he did to the others I'm so glad they went the way they did thank god they chose death for him amen. "

loudly wrote on Aug 28, 2008 12:16 AM:

" lord gregor, el gabliygook, and piper....I find it amazing that you three post in here regarding the horrible nature of the death penalty. I'm not going to attempt to debate any of you. I am going to simply say that this duncan fellow deserves to die and he deserves to die by our collective hands. I view him as a cowardly animal. He prey's on the weak and will do so again if he gets the chance. If he is given life in prison, he will spend his days dreaming of the torture he inflicted on these innocent children and their relatives. He will contemplate how to escape. If he does escape then he will most certainly kill again. Your inability to deal with the problem effectively may cost more lives in the long run. Hopefully it doesn't cost you personally. I get the feeling, however, if your family was victimized by this man you would be posting different messages here. At least I hope you would. But then again, you could be true to your words and offer no protection to your own. "

lord gregor wrote on Aug 28, 2008 12:17 AM:

" So, are all you bible-thumpers gonna next try to convince me that Jesus was for the death penalty? Why don't you ask Him what He thought of capital punishment! "

Resident wrote on Aug 28, 2008 5:49 AM:

" Thank You Judge and Jurors. You did the right thing. "

vet wrote on Aug 28, 2008 8:37 AM:

" Re; cheney119 . Yes I did, I served in two conflicts and have seen what people like him left unchecked do. Have you? Because if you have you will know exactly what i mean ! "

DUH wrote on Aug 28, 2008 9:09 AM:

" I was thinking about how people seem to read the Bible a whole lot more as
they get older; then it dawned on me...they're cramming for their final
exam. "

pinky wrote on Aug 28, 2008 10:44 AM:

" DUH - Okay I hope you are sitting down.... I agree with your last comment... it actually made me LOL!!! don't worry I am as shocked as you are! "

Sancho wrote on Aug 28, 2008 10:47 AM:

" Good. "

Kelso Guy wrote on Aug 28, 2008 1:21 PM:

" I don't like the idea that it seems like he is getting what he wants, he was just cocky and vile in the courtroom like he wanted the death sentence,...to bad it has to be humane, the old banishment sounds good to me,...like a deserted island or a chunk of ice in the arctic. "

socaltransplant wrote on Aug 28, 2008 4:05 PM:

" I say good kill him. He doesn't deserve to live. I grew up in Longview and moved to Riverside California to go to college. I've lived here ever since. In 1997, he kidnapped a ten year old boy, took him up to the mountains, duct taped him to a boulder, duct taped his eyes and mouth, raped him, tortured him and left him there to die. At the time I my son was ten years old as well. It was heartbreaking. Imagine that poor little boy suffering. It still breaks my heart. "

country gal wrote on Aug 29, 2008 10:04 AM:

" Duh: 'cramming for the final exam', you made me laugh. Thanks, I needed that. "

SPARROW wrote on Aug 29, 2008 11:24 AM:

" To let this man live will effect others who have to prepare his food, those who deliver it to him. To the ones washing his soiled clothing and generally anyone who has to have contact with him directly or indirectly while he is incarcerated. This will have to have a negative sickening impact for all those employed by the state to or government that have to deal with this evil person. Bury the hatchet and let this person stop causing pain and sick feeling to others forever. It is a shame that his death would be more peaceful and painless than those he sentenced to death at his own hands. Let the only trace of his existance be the movie some sicko will make after his sentence of death is accomplished by our court system. "

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