Joseph Duncan Sentenced to Death

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Story Published: Aug 27, 2008 at 11:09 PM MDT

Story Updated: Nov 21, 2008 at 2:18 AM MDT

By Todd Kunz

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BOISE - Justice for Dylan, is death for Duncan. Late Wednesday afternoon, a jury decided Joseph Duncan should get the death penalty... in part, for torturing and killing Dylan Groene.

This case began back in 2005 and it comes closer to an end at the federal courthouse in Boise.

Federal prosecutors say it's all about justice for Dylan Groene, the 9-year old boy who was kidnapped, sexually tortured, and killed by Joseph Duncan in 2005.

The boy's father, Steve Groene says his son died a hero.

"But he was the coward, and uh my son was a hero as far as I'm concerned," says Groene.

And while members of Dylan's family welcome the death sentence for Duncan, they say the damage the killer did can never be repaired.

"There's never going to be closure. Nothing is going to bring Brenda and those children back...and Mark. It's nothing. You know, so it's never going to be a closure for us, but at least this part of it is over," says Darlene Torres, Dylan's grandmother.

Prosecutors depicted Duncan as calculating predator, who has killed seven people since 1996 and reveled in his crimes. They say Duncan should forfeit his life and that the death penalty is appropriate, but they do not celebrate the imposition of the death sentence.

"But we do feel good about the law and the victory of justice and we felt that's been the case here," says U.S. Attorney Tom Moss.

Prosecutors say it's time to close the book on these horrific crimes. They spoke for about an hour in their closing arguments to the jury. Duncan, on the other hand, spoke only four words, "I have no argument."

With that, the case went to the jury that consisted of eight men and four women. They ruled unanimously on the three counts that qualify for the death penalty..."kidnapping resulting in death", "sexual exploitation of a child resulting in death", and "use of a firearm resulting in death."

This now goes to an automatic appeal. Duncan, of course, can waive it.

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