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Today’s proceedings in Joseph Duncan’s sentencing trial included testimony from seven witnesses, starting with ISP Detective Sgt. Fred Swanson, who also testified yesterday. Swanson introduced numerous exhibits of items that were taken from Duncan’s vehicle after his arrest, including the murder weapon, a Browning 12-gauge sawed-off shotgun. He was followed by two computer forensic experts, Stacy Evans and Loren Mercer, who testified about digital evidence that was introduced, including photos and videos, three of which were played for the jury, their content mostly consisting of relatively innocent scenes of the children and their abductor at a Montana campsite.
Many in the courtroom were on edge when Evans identified three videos of Duncan and 9-year-old Dylan retrieved from a microdrive, despite having been erased. Assistant U.S. Attorney Wendy Olson asked Evans if the videos included “three in particular, involving the young boy?” He answered, “Yes … They were all contiguous, one right after the other.” That’s how the prosecution’s opening statements described three video clips of “sadistic child sexual abuse” of Dylan by Duncan that will be shown as evidence in the sentencing trial. So far, the prosecutors haven’t given any indication as to when – among the 90 witnesses it’ll be calling over several weeks – that video will be shown. People in the courtroom braced themselves; the jurors looked on edge. But then the questioning moved on to other matters; the gruesome video wasn’t shown yet.
The uncertainty has added to the stress for the numerous reporters covering the case, including myself. Several said today that after hearing how Duncan decided he’d “abort” his crimes if the Groene family’s back door was locked – but it wasn’t – they went home and locked their back doors. Repeated requests for a witness list, which customarily is available in court proceedings, have gone unanswered so far. The stress has to be immeasurably worse for the jurors, as they try to take it all in and make sense of the huge array of evidence, while holding their tongues – they can’t talk about the case to anyone, not even each other, until their deliberations start.
Also today, four district loss prevention managers from Kmart, Best Buy, Walmart and Walgreens stores where Duncan bought items used in the crimes were called to testify, and to identify both purchase receipts and the items, which were recovered from Duncan’s red Jeep (a stolen rental car). The testimony and receipts showed that Duncan planned far in advance for his crimes, purchasing many of the items a month or more in advance. You can read my full story here in The Spokesman-Review, and read Duncan’s chilling, heartfelt letter to his mother here; it was introduced as evidence today.
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