Chris's Crime Forum

TAMPA, Fla. (AP) — The trial of the sex offender charged with kidnapping, raping and killing 9-year-old Jessica Lunsford will be held in Miami, where officials hope it will be easier to find a fair jury, Citrus County court officials said Tuesday.

Jury selection for John Evander Couey's trial in Lake County was abandoned in July after three days when it became clear that too many prospective jurors had been exposed to media reports or other discussions of the case.

Couey, 48, has pleaded not guilty to charges of first-degree murder, sexual battery on a child, kidnapping and burglary in the girl's death.

Jessica's body was found about a month after she disappeared from her home near where Couey had been living. Her hands had been tied with speaker wire and her fingers poked through the garbage bags in which authorities say she was buried alive.

http://www.courttv.com/trials/lunsford/091306_ap.html

INVERNESS - A circuit judge Wednesday ruled that Miami-Dade County will host the John Couey murder trial in February, despite repeated arguments from the defense urging the judge to find a locale similar to Citrus County for the trial.

Circuit Judge Richard Howard said in his ruling that the "pervasive nature" of media coverage of the convicted sex offender's trial on charges of kidnapping, raping and killing 9-year-old Jessica Lunsford would make it difficult to have the high-profile trial in a small community like Citrus.

In July, the trial was moved to Lake County. However, after four days of jury selection, Howard called it off, saying extensive media coverage tainted the jury pool.

Couey is charged with the first-degree murder, kidnapping, burglary and sexual battery of a child under 12. The state is seeking the death penalty.

On the night of Feb. 23, 2005, Couey allegedly went into the Lunsford home, took Jessica from her bed and took her to the mobile home where he lived and raped her.

Jessica was found in a shallow grave on March 19, just hours after Couey reportedly confessed to her murder and told investigators where her grave could be found.


http://tinyurl.com/y367e9

MIAMI — Jury selection proceeded slowly Wednesday in the trial of a man accused of raping and killing 9-year-old Jessica Lunsford, with several prospective jurors expressing fear and disgust at the sight of the defendant.

As of Wednesday, lawyers had chosen 25 potential jurors in the first-degree murder trial of John Couey, who faces the death penalty if convicted of four counts related to Jessica's death in 2005.

http://www.courttv.com/trials/lunsford/021407_ctv.html


I am glad this trial is finally going to be underway,Mark Lundsford deserves justice for his little girl.And in my opinion Couey deserves nothing less than the death penalty.

Sentencing Phase To Begin In Couey Trial
POSTED: 7:19 am EDT March 13, 2007

MIAMI -- The same jury that last week found a sex offender guilty of abducting, raping and murdering 9-year-old Jessica Lunsford must now decide whether he should be executed for the crime.

Defense lawyers were expected to present evidence that convicted killer John Evander Couey is mentally retarded when they begin hearing testimony Tuesday in the sentencing phase of his trial.

Florida law and a 2002 U.S. Supreme Court ruling prohibit execution of retarded people. Jurors will make a recommendation to Circuit Judge Richard Howard, who must make the ultimate judgment.

Jessica's killing prompted Florida and a number of other states to pass new laws cracking down on sex offenders and to improve tracking of them through databases and satellite positioning devices.

Couey sexually assaulted Jessica and buried the third-grader alive in plastic trash bags. She had been snatched from her bedroom in February 2005, about 150 yards from the trailer where Couey had been living.

Couey's lawyers put on virtually no defense testimony during the guilt phase of the trial, preferring instead to have a psychologist testify that Couey is "mildly retarded" and has an IQ of 64 -- just below the 70 level generally considered retarded.

To prove mental retardation, Couey's attorneys will have to show that the condition existed prior to age 18. That means delving into school and other records, including those from Couey's previous arrests and stints in prison.

One such psychological evaluation, done by a state psychologist in 1978 after Couey was arrested for burglary at age 19, placed his IQ at 71 and his intelligence at "borderline." The evaluation also said Couey's reading ability was at a "special ed" level and that he needed therapy to develop "acceptable social behaviors."

Psychologist Robert Berland testified that Couey suffers from mental illness, including hallucinations, and that he suffered a head injury as a child when he was punished harshly for wetting a bed. Evidence of chronic drug and alcohol abuse also was expected to be introduced.

Couey spent much of his time during the trial drawing pictures or working in coloring books in full view of jurors. Howard refused to stop Couey from coloring in court, despite objections from prosecutors.

The public defenders representing Couey -- Daniel Lewan and Alan Fanter -- did not return a telephone call Monday seeking comment.

Prosecutors sought in closing statements to plant some doubt in the minds of jurors about Couey's supposed mental problems. Assistant State Attorney Peter Magrino pointed out that Couey reads newspapers daily in jail, takes advantage of the prison library and even digs into law books.

Couey's planning of the crime and hiding of evidence by burying Jessica, as well as his attempt to flee police by taking a bus to Georgia, indicate that he's not retarded or mentally ill, Magrino said.

"Those are not the actions of someone who does not understand the nature and consequences of his actions," Magrino said.

The 12-person jury will have to weigh the evidence of Couey's purported mental problems with aggravating factors such as Jessica's youth and vulnerability, the fact that a sexual crime preceded the murder and Couey's prior felony record. The jury does not have to be unanimous but must have a majority in favor of either life in prison or death.

MIAMI - A convicted sex offender committed a calculated, horrific crime when he murdered 9-year-old Jessica Lunsford by burying her alive, and he deserves a death sentence despite evidence of his mental problems, a state prosecutor told jurors Tuesday.

“The murder of Jessica was a cold, calculated and premeditated murder,” prosecutor Peter Magrino said in opening statements in the penalty phase of John Evander Couey’s trial. “There are some cases, factually, that call out for the death penalty.”

The same jury that convicted Couey last week of abducting, raping and killing Jessica must now recommend by majority vote whether he deserves life in prison or death.

http://www.msnbc.msn.com/id/17594298/


I say dig a hole and throw him in alive.

Couey jury recommends execution

He was arrested here in Augusta, and Wednesday a jury recommended he be sentenced to die for the kidnapping, rape and murder of a little girl...a child who wasn't even safe in her own bedroom.

John Couey seemed to take little notice of the jury's recommendation.

"A majority of the jury by a vote of 10 to 2 advise to the court that it impose the death penalty on John Couey for the death of Jessica Marie Lunsford," the clerk read.

The decision took only an hour, and it was welcome news to Jessica's father.

http://www.wrdw.com/crimeteam12/headlines/6511542.html

I seen Mark Lunsford on Larry King after his emotional speech in court.He has turned into such a strong advocate for our children,if anyone deserves a medal it is Mark.He is standing up and doing what many parents could not do in light of what his daughter suffered at the hands of Couey.I am sure it is what keeps him going daily.

Dad to Killer: 'I Hope You Hear Her Cries'

The man convicted of kidnapping and raping 9-year-old Jessica Lunsford before swaddling her in garbage bags and burying her alive in his yard was likely faking mentally retardation in earlier tests, a court-appointed psychologist said Tuesday.

John Evander Couey, 48, who spent part of his murder trial earlier this year drawing in coloring books, "is not mentally retarded," clinical psychologist Gregory Prichard testified at a pre-sentencing hearing Tuesday. Prichard said the convicted killer has an IQ of 78, slightly above the 70 level generally considered retarded.

Jessica spent much of her life in Gaston County, N.C., before moving to Florida with her father.

At the end of Tuesday's seven-hour pre-sentencing hearing, Jessica's father, Mark Lunsford, took the witness stand and spoke directly to the man convicted of killing his daughter.

"I hope you hear her cries as you try to sleep at night," Lunsford said, wiping tears. "I hope you see the tears run down her face as she asked you to go home. I hope you spend the rest of your life in fear of death. You will never hurt another child."

Lunsford then asked Circuit Judge Richard Howard to sentence Couey to death.

Sentencing has tentatively been set for Aug. 10.

http://www.abcnews.go.com/US/wireStory?id=3389605

John Evander Couey will not know for another month if he will face the death penalty or life in prison for the kidnapping, rape and murder of nine-year-old Jessica Lunsford. After a sentencing hearing, during which Mark Lunsford confronted the killer of his daughter for the first time, a Florida judge will now decide if Couey is mentally retarded or not.
Under Florida law, if Couey is found to have mental retardation he cannot be sentenced to die and would instead receive a sentence of life without the possibility of parole.

In Florida an IQ score lower than 70 coupled with deficits in the ability to adapt to society before age 18 is considered mental retardation. At last week's hearing, clinical psychologist Greg Prichard testified that Couey's IQ was 78 and that he demonstrated a high level of functioning.

"His functioning, in terms of adaptive skills and intellectual capacity, is much too high for him to be considered mentally retarded," said Prichard, who evaluated Couey in April. "My opinion is that he is not mentally retarded."

Prichard said Couey's ability to keep a job at Wal-Mart for more than a year, manage his own finances and supervise day laborers on a construction site were examples of skills that proved Couey was not retarded.

Judge Richard Howard set August 10 as the tentative date he will announce his decision.

Mark Lunsford Confronts Couey

The sentencing hearing was the first time that Jessica's father, Mark Lunsford, was able to confront Couey. Lunsford has campaigned throughout the United States to help pass laws that increase penalties for convicted sex offenders.

"I hope you hear her cries as you try to sleep at night," Mark Lunsford told Couey in the hearing. "I hope you saw the tears run down her face as she begged to go home. I hope you spend the rest of your life in fear of death. You will never hurt another child again."

After the hearing, Lunsford spoke to reporters to promote the death penalty for pedophiles.

"It's easy to find justice for murder victims with a death sentence, but what about the children who survive attacks from pedophiles?" Lunsford said. "We have to keep fighting to make sure that whenever someone harms a child, they pay the ultimate price so they don't have the chance to hurt another one."

http://crime.about.com/b/a/257504.htm

Couey eligible for death penalty

Inverness - The man convicted of kidnapping and raping 9-year-old Jessica Lunsford in 2005 is not mentally retarded and is eligible for the death penalty, a Citrus County judge ruled Tuesday.

Defense attorneys for John Evander Couey, 48, argued that their client suffered lifelong mental abuse and possessed a below-normal IQ. A 2002 U.S. Supreme Court ruling prohibits the execution of mentally retarded people.

Circuit Judge Ric Howard ruled that the most credible intelligence exam rated Couey's IQ at 78, slightly above the 70 level generally considered retarded.
"A person who is mentally retarded simply could not have planned such a sophisticated crime, and escape," Howard wrote in a 16-page ruling, according to the St. Petersburg Times.

A jury in March voted 10-2 to recommend that Couey be executed. Florida law puts the final decision in the hands of a judge. Sentencing has been scheduled for Friday.

http://tinyurl.com/2vyvjz

Early last year, Gov. Doyle signed Jessica’s Law into law, legislation that called for stringent measures to combat the sexual predation of children including mandatory minimum sentencing and lifetime electronic monitoring of convicted sexual predators. The law was named for Jessica Lunsford, the nine-year-old girl who was abducted, raped, and murdered in Florida in 2005 by John Couey, a twice-convicted sexual predator.

But before the law had the chance to go into effect this summer, concerns were raised about the law’s constitutionality with regard to lifetime electronic monitoring, and the Wisconsin Department of Corrections approximated the law would cost the state too much money to implement, about $24 million.

Thanks to the efforts of State Rep. Scott Suder, the law’s author, a bipartisan compromise was reached that will keep intact electronic monitoring for the most violent offenders. The compromise plan even costs Wisconsin taxpayers less—about one-fifth of the original estimate, or about $5 million.

This law marks a very important step in protecting Wisconsin’s children, arguably the most vulnerable citizens in the state. The sexual victimization of children is overwhelming in magnitude yet largely unrecognized and underreported. The National Center for Missing and Exploited Children reports that one in five girls and one in ten boys are sexually exploited before they reach adulthood. Worse, the average child sexual predator exploits anywhere from seven to over 200 victims in his or her lifetime ...

Wisconsin families have much to be grateful for now that this new law will help protect their children from the dangers of sexual predators. The entire Legislature and Governor Doyle have shown great resolve in to helping prevent the exploitation of children everywhere.

http://tinyurl.com/yqjfts