Jury finds Joseph Duncan's deeds merit execution

A federal jury on Friday deliberated for two hours before unanimously deciding that Joseph Edward Duncan III is eligible for the death penalty for the 2005 kidnapping, torture and murder of a 9-year-old Idaho boy.

When the sentencing hearing resumes next week, jurors must decide whether Duncan should be put to death. The government will try to convince the jury that Duncan should be executed, while he will be able to present evidence that his life should be spared.

Friday's verdict was not surprising after Duncan's closing argument, in which he told the jurors they didn't yet "have a clue" about the depths of his "heinousness." He didn't react to the verdict. The slain boy's father, Steven Groene, and other family supporters embraced after the verdict but seemed to keep their emotions in check.

Duncan, 45, kidnapped Dylan Groene and his then-8-year-old sister, Shasta, in May 2005 after murdering their older brother, their mother and her fiance in the Coeur d'Alene area.

After weeks in a Montana forest, Duncan ultimately shot the boy. He was arrested after returning to Coeur d'Alene, where a waitress at Denny's recognized Shasta.

In December, Duncan pleaded guilty to 10 federal counts in connection with crimes against Dylan and Shasta. Three of those counts qualified him for the death penalty, the jury found - kidnapping resulting in the death of a child, sexual exploitation of a child resulting in death and using a firearm during the commission of a crime of violence resulting in death.

Outside court, Steven Groene declined to discuss the case much, saying a gag order remained in effect, but said he was pleased with the ruling.

Groene said he would lobby for stronger victims' rights in the future. He objected to spectators at the hearing being permitted to view the videos of his son being abused, and said the spectators should have been screened to make sure they weren't sex offenders looking to take pleasure from the highly publicized case.

"My murdered, molested son should have had the same rights as a living victim," Groene said. "I've had too much focus on keeping my family together and protecting my daughter, fighting cancer for the last few years but now that this appears to be close to over, I'm going to work on changing that."

It's not yet clear whether Shasta will testify - and face the prospect of being cross-examined by her attacker - in the next phase of the trial. She did not testify in the phase just completed.

The court has ruled that if the girl does testify, it will be by closed-circuit camera and that the courtroom will be closed to the public, with a transcript of her testimony given to reporters afterward.