Duncan jurors given glimpse of slain boy's life

A grieving father and grandmother gave Joseph Edward Duncan III's sentencing jury a personal glimpse Tuesday of little Dylan Groene, a softhearted, affectionate 9-year-old who was tortured, abused and killed by Duncan.

The federal jury could begin deciding as early as Wednesday whether Duncan lives or dies.

For most of the last two weeks, jurors have been shown the aftermath of a crime that horrified the state. On May 16, 2005, Duncan broke into a Coeur d'Alene house and fatally bludgeoned 13-year-old Slade Groene, his mother Brenda Groene and her fiance Mark McKenzie, all so he could abduct Dylan and his then-8-year-old sister Shasta Groene.

Jurors heard from the investigators who first entered the blood-soaked home. They watched as FBI agents charted their desperate search of Montana's Lolo National Forest for any trace of the missing, murdered 9-year-old. They cringed as they viewed a video showing Duncan molesting, beating and hanging young Dylan, choking him nearly to death. They cried at Shasta's recorded words, as she described the violent abuse she and her brother received at Duncan's hands, and how she watched the man kill her older brother before her eyes.

But finally, on Tuesday, jurors got to hear about Dylan's life before the tragedy began.

An impish third-grader with a tender heart and a passion for Matchbox cars was how Fernan Elementary School teacher Tim Marks described Dylan. His grandmother, Darlene Torres, described a shy but affectionate little boy who loved being outside, whether he was playing in the creek near their northern Idaho home or riding a four-wheeler around their property.

His father, Steve Groene, described a boy who was protective of his younger sister Shasta, stepping in when their older siblings would try to pick on her. He talked about a boy who was just beginning to notice girls, who was experimenting with styling his hair and who would splash on a little dime-store cologne before school. He talked about watching Dylan try on all of his old leather motorcycle riding gear before giving his son a ride on the back of his Harley.

"Everything was like 10 sizes too big on him and it was hilarious. He'd run around like that before the ride," Groene said. "That's something I'll take to my grave, that memory."

Now, Steve Groene said, he'll never see Dylan or his 13-year-old brother Slade start their first day of high school, or watch them get married.

"As with both Dylan and Slade, I'll never know what kind of men they would grow up to be," he said. "They had a lot of life ahead of them."

"You have to cherish every minute with your children," Steve Groene said. "You can't take any of that time for granted, because you could wake up the next day and they may not be there. I miss him. A lot."

Some of the jurors wiped their eyes during the emotional testimony. But U.S. District Judge Edward Lodge told prosecutors they couldn't have Steve Groene offer even more heart-rending evidence. What the jurors didn't hear: that after Shasta was rescued and her father learned Dylan was dead, the two returned to the campsite where the little boy was killed and his body was burned.

There, they held a private memorial, placing Dylan's beloved toy cars, his hiking boots and a copy of a poem about losing a child on the spot where he was cremated. They wanted to make something positive out of something terrible, Assistant U.S. Attorney Tracy Wheland told Lodge. Later, U.S. Forest Service employees had the poem carved into a stone marker, which was placed at the site. The photos of the marker, the poem and the memorial were so emotional that they could unduly sway the jury, Lodge said.

After Steve Groene's testimony, U.S. Attorney Tom Moss told Lodge that prosecutors rested their case. Duncan, who is representing himself, also rested his case, opting not to present any witnesses or offer any mitigating evidence for the jury to weigh against the heinousness of his crimes.

Duncan pleaded guilty in December to 10 federal counts in connection with the kidnapping of Shasta and Dylan and Dylan's murder. Three of those counts carry a potential death penalty. The jury will decide if he is sentenced to life in prison without parole or executed.

Duncan has already been convicted of the murders of Slade and Brenda Groene and Mark McKenzie in state court; sentencing on those charges is not at issue here.

Closing arguments in the case are scheduled Wednesday.