Idaho News
Duncan: graphic video will 'turn jurors into my victims'
04:56 PM MDT on Thursday, August 21, 2008
BOISE - The jury in the Joseph Duncan capital murder case was shown the most graphic and disturbing evidence of the horrific case Thursday morning.
A 20-minute long videotape of the sadistic rape of 9-year-old Dylan Groene was shown to jurors and those who chose to stay in the courtroom.
After excusing the jury, the judge told those in the courtroom they must control their emotions and will not be allowed to leave the courtroom.
Before the video was shown, Duncan made an objection.
"I strongly object to this video being shown," he said. "This will turn jurors into my victims and I will be tried by a jury of my victims, not a jury of my peers."
His objection was denied.
The father of Dylan Groene was furious and refused to stand when the judge left the courtroom. Steve Groene had requested the viewing of this tape be limited.
Steve Groene stormed out of the courtroom after the judge refused to close the courtroom while the video is shown.
A NewsChannel 7 photographer says while in the hallway, Groene was clearly upset, and made comments to people going back into the courtroom that they would be watching child pornography and should be arrested.
Groene then went into the courtroom to see who decided to watch. When he saw two members of the general public, he made an obscene gesture to them, and mouthed words to go along with the gesture.
Windows in the courtroom were blacked out and the doors to the room were locked.
In one of the tapes Duncan says, "This child does not deserve to die. The devil is here. The devil himself. The demon couldn't do what he sent him here to do, so the devil came here himself."
While the video was shown, the jurors showed extreme distress. Some of them were crying, sobbing and shaking.
The men on the jury appeared to be filled with rage, and the veins in their temples were bulging.
During the worst portion of the tape, Duncan covered his face with his hands. At other times he watched the video and made eye contact with people in the room.
After the video was shown, a 42-year-old Navy veteran testified that he was raped by Duncan in 1980, when the witness was 14 years old. The man said Duncan beat him 10 to 12 times with a stick after raping him twice. Duncan served 20 years in prison for that crime.
Duncan took the stand in his own defense for less than one minute.
"I have no statement prepared," he said. "I was just going to answer any questions the government might have.
The government did not have questions for Duncan. The prosecution and defense have both rested. The court went to break after Duncan rested his case.
Closing arguments will take place tomorrow morning. The case will go to the jury after closing arguments, and jurors will decide if he is eligible for the death penalty.
If they decide he is in fact eligible, a second phase of the case will begin where the jurors will hear mitigating factors before deciding whether or not to sentence him to death.
Duncan stalked the Groene family and killed three of its members near Coeur d'Alene. He kidnapped Dylan and Shasta Groene and later killed Dylan. Shasta is the lone survivor of the ordeal.
Editor's note: It is NewsChannel 7’s policy not to identify victims of sexual abuse. In this case however, the story started in 2005 as a search for two missing children – Dylan and Shasta Groene. KTVB has worked to be very sensitive to the details of this case, and continue to heavily weigh many decisions about this story. We have decided to share details about Joseph Duncan’s abuse and torture of this family in order to enlighten the public to the nature of the case and the extent of Duncan’s admitted crimes.
Evidence: log, hatchet, shotgun shells
Testimony: Dylan shooting not an accident
Prosecutor: Duncan checked out other kids' homes
Friends of Duncan detail strange behavior
Dad leaves Duncan courtroom during graphic video
Duncan writes letter to his mother
Earlier: Steve Groene testifies, shares gut-wrenching details


