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February 9, 2007
Judge Won't Exit Couey Case
Topics: NewsBy JIM TUNSTALL The Tampa Tribune
INVERNESS - Attorneys for the man accused of raping and slaying Jessica Marie Lunsford again are asking his judge to step down.
In motions filed late Tuesday, John Evander Couey's defense attorneys said he can't get a fair trial, in part because Circuit Judge Ric Howard wouldn't grant a continuance. They said they need more time to examine new evidence and question new witnesses, including jail guards who may have heard Couey make incriminating statements.
They also said Howard erred when he allowed a senior assistant attorney general to participate in a hearing last week by conference call. They said Howard was using Ken Nunnelley as an adviser to ensure that a conviction would stand up on appeal.
Howard denied the motions Wednesday.
Couey is set to be tried beginning Monday in Miami.
The defense failed in two earlier bids to have Howard step down.
Couey is charged with first-degree murder, kidnapping, sexual battery on a child younger than 12, and burglary with battery in the Homosassa third-grader's death in February 2005.
Investigators say the 48-year-old convicted sex offender abducted the 9-year-old from her bedroom, took her to a nearby home where he lived, raped her and buried her in the back yard.
A medical examiner said she died of asphyxiation.
Couey could be sentenced to death if convicted of the murder charge.
Posted by admin at February 9, 2007 7:43 AM
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