Joseph Duncan doesn't plead for his life

Joseph Edward Duncan III is a sadistic, detail-oriented rapist and killer who went on a GPS-guided quest to abduct and rape children before he settled on a Coeur d'Alene family, U.S. Attorney Tom Moss told a federal jury Wednesday.

Duncan, who is representing himself at the sentencing hearing, told the jury that most of Moss' description of events was "fair and accurate." He also said he would testify "to clarify things."

Last year, Duncan pleaded guilty to 10 federal charges for kidnapping, raping and killing Dylan Groene, 9, and kidnapping and sexually assaulting Shasta Groene, then 8. He had already pleaded guilty in state court to killing Slade Groene, 13, his mother, Brenda Groene, and her fiance, Mark McKenzie.

The six-woman, nine-man jury (12 jurors and three alternates) mostly kept their composure as Moss detailed the grisly crimes against Dylan and Shasta. Some jurors wrinkled their faces during some of the more graphic parts of Moss' opening statement.

The only thing Duncan seemed to disagree with was the graphic description of how he raped Dylan at a cabin in Montana, videotaped the brutal attack, then killed Dylan in front of Shasta a short time later.

Duncan didn't say how he disagreed with Moss' statement but did tell the jury, "I will testify, and I will try to answer any questions about what happened at the campground in order to clarify things."

At the end, Moss urged the jurors to concentrate on justice for Dylan Groene.

"He was a little boy whose last days on Earth were filled with experiences no child should ever have to endure," Moss said. "(Dylan) deserves the justice that only you can provide."

The long-haired and bearded Duncan, clad in a yellow Ada County Jail uniform and flip-flops, appeared calm, spending most of time looking at Moss or down at the defense table.

Duncan kept a level gaze as the jurors entered the courtroom and addressed them directly during his short opening remarks.

Duncan's decision to briefly speak to the jury ended an intense day in court.

Most of the hearing was taken up by Moss' description of Duncan's 2005 crime spree, which Moss said began in Missouri as Duncan looked for children to abduct.

Moss said the jury in this phase of the hearing will hear testimony from 90 different witnesses, not including Shasta, of a carefully planned crime that ended when Duncan was arrested after taking Shasta to a restaurant in Coeur d'Alene on July 2, 2005.

Moss said police found several key pieces of evidence in Duncan's stolen SUV that day: Night vision goggles. A GPS unit that marked the homes of possible suspects. A computer with a journal detailing some of his stalking. A spreadsheet that detailed "pros and cons" of "living out his fantasy life" of abducting children. Maps, pamphlets and KY Jelly. A green jacket flecked with Shasta and Dylan's blood. And there was the 4-gigabyte microdrive with the video showing the brutal attack on Dylan and the 12-gauge shotgun used to kill the child.

"A lot of planning and preparation went into this," Moss told the jurors.

Moss said evidence will show Duncan drove through Missouri, Minnesota and Montana looking for victims.

One entry police found in the computer journal said, "I saw a pretty flower and tried to pick it, but it got away," Moss said. Another entry said Duncan targeted another possible victim but didn't pursue it because he feared he "got made" by police.

Moss didn't say why Duncan picked the Groene family. He said evidence that will be presented will show Duncan cased their home for two days before attacking them. Before going in, Duncan knew where the children slept, where the guns were kept, and took precautions, including wearing a mask on his face and shoes too big for his feet to avoid leaving evidence in the home, Moss said.

Once Duncan was inside, Moss continued, he used plastic ties to bind the limbs of McKenzie and of Brenda and Slade Groene, then beat them to death with a hammer.

He told Dylan and Shasta he killed their family, then took the kids to a remote campsite in the Lolo National Forest in western Montana. He had marked the area on his GPS unit prior to the attack, Moss said.

At the camp, Moss said, Duncan would chain the children to a tree if he had to leave. At some point, Duncan is accused of taking Dylan to a remote cabin away from the campsite, where he videotaped his rape of the boy, Moss said.

When he returned to the camp, Moss said, Duncan showed the video to Shasta, who was able to describe it to police after she was rescued. Moss also said Duncan killed Dylan in front of his sister, first shooting the boy in the stomach. Moss said that as the boy pleaded for his life, Duncan reloaded the shotgun, put it against the boy's head and fired as his sister watched.

Moss said Duncan gathered the boy's remains and put them in a blanket on the campfire for several days. Once the body was cremated, Duncan drove to a nearby drainage culvert, where he dumped the remains in water, which went over a cliff a short time later, Moss said.

The location of that culvert was marked on the GPS unit, Moss said.

Investigators later found a piece of bone from Dylan's skull in brush near the campground, which allowed DNA tests to confirm it came from the boy.

Shasta's ordeal ended in the early morning hours of July 2, 2005, at Denny's in Coeur d'Alene when she was recognized by a waitress, who called police.

Moss warned the jurors Wednesday they will have to watch the videotape and see other disturbing evidence needed to show that Duncan's crimes merit the death penalty.

After hearing all the testimony, the jury will deliberate on whether the crimes merit the death penalty. If they decide they do, the jury will then decide whether Duncan should be put to death.

But during his statement, Duncan didn't ask jurors to spare his life. His standby legal counsel, Judy Clarke, has said Duncan doesn't plan to offer any mitigation evidence in his defense if the hearing goes that far, such as evidence of his own traumatic childhood.

Testimony in the case will begin Thursday morning. The hearing could last several weeks.

Patrick Orr: 373-6619