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BOISE, Idaho -- Jurors cringed, cried and some desperately looked away as they were shown a series of deeply disturbing and graphic videos taken by a convicted child killer as he tortured, sexually abused and nearly killed a 9-year-old boy.
Federal prosecutors showed the video as part of their efforts to persuade the jury to recommend the death penalty for Joseph Edward Duncan III. He kidnaped the boy, Dylan Groene, and his sister, Shasta, in May 2005 after murdering their older brother, their mother and her fiance. The two young children were taken deep into the Lolo National Forest, where they endured weeks of horrendous abuse at the hands of Duncan.
Duncan ultimately shot the boy point-blank in the head while his sister, then 8, watched. He was arrested after returning to Coeur d'Alene, where a waitress recognized Shasta as the two ate at a Denny's restaurant.
Duncan, who is representing himself in U.S. District Court, objected to showing the videos, saying that would "basically be turning the jury into my victims so I will be tried not by a jury of peers but by a jury of victims."
Judge Edward Lodge overruled Duncan's objection, as well as a last-minute request from Steven Groene, Shasta and Dylan's father, to close the courtroom to everyone but essential court personnel and one news media representative.
Just before the video was played, the father approached some spectators, angrily motioning them out and making an obscene gesture when they stayed put. He left the courtroom before the video segments were played but at one point threatened to make a citizen's arrest of anyone watching because viewing child pornography is a crime.
Groene did prevail upon U.S. marshals guarding the courtroom to cover the windows on the door.
Once the video had been shown and he returned to the courtroom, he confronted some of those who had stayed, asking bitterly if they enjoyed it.
The video and photos taken at the cabin show Duncan forcing the boy to perform a sex act, whipping him with a belt and hanging him with a wire noose until the boy passed out.
"The devil is here, boy, the devil himself. The demon couldn't do what the devil sent him to do so the devil came himself," Duncan yells in one video. "The devil likes to watch children suffer and cry."
Duncan covered his face as parts of the video were shown, but often stared avidly at the monitor on the defense table, which also was showed the images. Jurors frequently shot him icy looks. Two of Duncan's standby lawyers avoided looking at the screen.
Duncan, a convicted pedophile originally from Tacoma, Wash., has pleaded guilty to federal and state counts including murder. The federal jury is considering the death penalty on charges related to the kidnappings and Dylan's murder, but he also could face execution on state counts in the other three killings.
After releasing Dylan from the noose, Duncan promised to take him to the hospital so his injured neck could be treated. He also promised to tell hospital staffers where to find Shasta, who had been left back at the campground, so they could come find her. He kept neither promise.
After that, Duncan offered to let Dylan watch the video of his "death," then wandered away from the camera where he could be heard singing part of the Lord's Prayer.
After the video was shown, prosecutors called a man to the stand who testified that Duncan had raped him at gunpoint in 1980, when the man was just 14 years old.
Parts of the story seemed similar to some of Duncan's videotaped abuse of the Dylan. Once that testimony was over, the judge called a recess to give jurors a break from the violent material.
U.S. Attorney Tom Moss then said he was done calling witnesses.
Duncan told the court he wanted to testify, but when took the witness stand he said he only wanted to answer any questions that government lawyers might have. They were unable to cross-examine him, however, because court rules generally prohibit questioning a defendant about anything that wasn't raised in the defendant's direct testimony.
Duncan said he had no other witnesses to call.
Jurors were given instructions Thursday afternoon and are expected to hear closing arguments on Friday morning before they begin deliberations, Lodge said.
If the jury finds Duncan is ineligible for the death penalty, the hearing will be over and he will be sentenced to life in prison without parole.
If the panel finds him eligible for capital punishment, the hearing will enter a second phase in which the government will try to convince the jury that Duncan should be executed while he will be able to present evidence to try to convince the jury that his life should be spared.
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