He asked for a postponement.

The trial, Howard said, would go forward.

Although Lewan did not get his wish, the issue may become important. Should the jury return with a conviction, Couey could use his attorney's preparedness as a reason to appeal. It might be enough for a new trial, a lawyer not affiliated with the case said.

Couey is accused of abducting, raping and killing 9-year-old Jessica Marie "Jessie" Lunsford in her Homosassa neighborhood. He faces charges of first-degree murder, kidnapping, burglary with battery and sexual assault on a child younger than 12.

Prosecutors are seeking the death penalty.

The defense on Monday officially unveiled another tactic that might help Couey avoid the death chamber.

The defense filed papers saying Couey is mentally retarded. If the judge agrees, Couey could not be executed under Florida law.

The trial was moved from Citrus County to Miami in an attempt to find a wealth of impartial jurors. In July, an attempt to find a jury in Lake County was unsuccessful. Too many people had been exposed to pretrial publicity.

Neither prosecutors nor defense attorneys would comment on the progress of the case.

Tampa defense lawyer Grady C. Irvin Jr., who has kept up with the proceedings, said Lewan probably did not expect the judge to grant the delay; he just wanted to make sure the record was clear.

Irvin said Couey later can contend his attorney was ineffective because he was not prepared at trial.

"It sounds insulting, but it shouldn't be insulting," Irvin said. "They don't have the time to go through the documents right now. They're trying to move forward with jury selection."

The judge has a difficult balancing act, Irvin said. On one hand, he must ensure the case moves quickly through the courts. On the other, he must make sure that all possible witnesses are reviewed by the prosecution and the defense before their testimony is to begin.

The prosecutors as well, Irvin said, do not want an error to create the need for a second trial.
A Matter Of Competence

Today, the judge will hear argument from the defense that statements Couey made to jail guards should not be heard by the jury. The judge will also hear about a new psychological evaluation of Couey.

According to papers filed Monday, the defense is going to argue that Couey is mentally retarded and, under Florida law, cannot be executed.

If the judge agrees that Couey is retarded, Lewan said in court, the trial might not be necessary at all, a suggestion that Couey might plead guilty if execution were not a possibility.

In Monday's documents, Assistant Public Defender Alan Fanter states that the defense will call up to four mental health experts to make the case that Couey is retarded.

The experts will say that Couey at some point received a significant brain injury, was a chronic alcohol and drug abuser, was intoxicated when the third-grader died, had been sexually abused as a child, repeatedly asked for but was denied sexual offender treatment while he was in jail or prison, and has leanings toward sexual deviation, according to the documents filed Monday.

A second document filed Monday states that on Feb. 8 defense tests showed Couey has an IQ of 64, at least six points below the threshold for him to be determined to be retarded.

Previous tests, taken while Couey was in prison, indicated a 71 IQ in 1978 and a 78 in 1991.

Prosecutors contend that on Feb. 24, 2005, Couey sneaked into Jessie's home. They say he told her to follow him, then walked her to his mobile home where he molested her.

Scared by the increasing search for the girl, Couey has said he decided to kill Jessie, according to court records. In a statement to sheriff's detectives, Couey said he asked Jessie to step into a trash bag. He said he buried her alive, court documents show.
Statements Out, But Sheriff Confident

Last year, the judge determined Couey's statements to the detectives would not be heard by the jury. Couey had asked for an attorney and was not provided one, the judge ruled.

Citrus County Sheriff Jeff Dawsy, who was in Miami on Monday, said in an interview there that his deputies read Couey his rights seven or eight times. He said their primary goal was to locate Jessie and he stands by their work.

The judge, Dawsy said, was being conservative when he threw out Couey's statements.

There is plenty of evidence left to convict, Dawsy said. Jessie's DNA was found in blood on Couey's mattress. Her fingerprints were found in his closet.

Other evidence, yet to be discussed in the media, will be presented at trial, Dawsy said. Included will be evidence that will show that Couey might have killed Jessie the day she was abducted, not several days later as Couey told detectives, Dawsy said.
Selection Slow

As lawyers worked to filter through dozens of jurors on Monday, anyone who had knowledge of Couey's statements was excused.

Some of the potential jurors said they recognized Jessie's name and Couey's face. Most who knew anything about the case had heard about it over the weekend. Miami news reports referenced the murder trial and its move to Miami.

The potential jurors were instructed to tell the judge how closely they had paid attention to news reports.

"It was real quick," one potential juror said, "just showing his face and saying they were having it here in Miami."

The judge has asked the media to refrain from identifying the potential jurors. When the judge spoke to the woman who had only seen Couey's face, he called her "Juror No. 1699."

Others were excused for personal reasons.

A young man said he didn't know whether he could keep his retail job should he serve for several weeks on a jury. The judge asked him to call his employer.

"It's not good," the man said when he returned to the courtroom.

The shop is short-staffed, the man said. His boss could not guarantee he would have a job after the trial concludes.

Quite a few potential jurors could not understand enough English to allow them to sit and weigh the facts.

One man walked in and whispered to the judge.

The judge told him to reiterate his comments out loud so the words could be recorded.

"I think he's guilty," the man said.

He was excused.

Many of those called to court Monday knew nothing about the case.

A 22-year-old man said he watches television but had seen no news coverage of the Couey case. Asked what shows he watches, the man smiled.

"Mostly ESPN," he said.

In all, 52 potential jurors were interviewed Monday. Of those, 14 made the first cut. The rest were sent home.

On Wednesday and Thursday, the judge and attorneys will interview dozens more potential jurors. Any who make the cut will join the 14 selected Monday. They will not necessarily serve on the jury. Instead, they will return Friday for more intense questioning.

The judge and attorneys will not select more jurors today. The day is reserved for the defense's arguments about statements Couey might have made to jail deputies and the issue of Couey's possible retardation.

Jury selection will resume Wednesday.

Reporter Jim Tunstall contributed to this report. Reporter Thomas W. Krause can be reached at (813) 259-7698 or tkrause

@tampatrib.com.