Representing himself, Duncan told jurors he would testify during the sentencing hearing to "clarify things."
During opening statements, Moss told jurors they would have to watch the video that Duncan made of the torture and sexual assault of 9-year-old Dylan Groene taken just before Duncan killed in him in front of his then 8-year-old sister, Shasta.
Shasta, the sole survivor of Duncan's exploits, will not testify during the hearing, although she may later give a victim impact statement. Prosecutors and the defense agreed to allow videotapes of Shasta's interviews with investigators to be shown during the hearing, rather than having her testify.
Crime Carefully Planned
In his opening statements, Moss told the jury that Duncan's attack on the family was carefully planned from the initial surveillance of the family to the videotaped torture of Dylan. Moss outlined the timeline of Duncan's crimes.
Duncan has pleaded guilty to killing 13-year-old Slade Groene, his mother, Brenda Groene, and her fiance, Mark McKenzie, then kidnapping Dylan and Shasta.
Moss told the jury that Duncan made sure the children knew he had killed their relatives as he drove away with them into Montana. The three camped out for several weeks at the end of a remote forest road. When Duncan had to leave the campsite, he would tie the children to a tree with a dog chain, Moss said.
On June 22, 2005, Duncan left Shasta alone at the camp and took Dylan to a vacant mining cabin where he stayed for three hours and 25 minutes. For 30 of those minutes, Duncan videotaped the sexual abuse and torture of Dylan.
Moss warned the jury that the videotape was graphic, but they would have to watch it to make a decision in the case. "It shows that to Joseph Duncan the infliction of pain and sexual gratification goes together," Moss said. "Heinous, cruel and depraved are tough words in the English language, but none of these words ... fully express the outrage of what you will see."
The Murder of Dylan Groene
When Duncan returned to camp, he made Shasta watch the videotape. Four days later, Shasta heard a gunshot and turned to see Dylan holding his stomach where he had been shot. Duncan then held the gun next to Dylan's head and pulled the trigger, but the gun failed to fire. He reloaded and fired again.
Shasta was so close that blood spattered on her clothing.
"The way this little girl describes it is: her brother's head exploded," Moss said. Duncan then "wrapped the body in a tarp, threw it on the campfire and let it burn for several days, until it was reduced to ashes," Moss said.