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March 22, 2007
Couey's Attorney Makes Bid For New Trial
Topics: NewsINVERNESS - The sex offender convicted of murdering Jessica Marie "Jessie" Lunsford deserves a new trial because the presiding judge made several errors and the guilty verdict is contrary to the evidence, a defense attorney argued in a two-page motion filed this week.
Assistant Public Defender Dan Lewan, who represents John Evander Couey, said Circuit Judge Ric Howard denied defense motions for acquittal and additional juror challenges.
Lewan also accused a prosecutor of misconduct, although he did not name the prosecutor or specify the nature of the conduct.
"In these types of cases, a motion such as this is routine," said Assistant State Attorney Pete Magrino, one of two prosecutors who presented the case to jurors in Miami, where the trial was moved.
"If they really have an issue," Magrino said, "they should file a Bar complaint."
The motion could be ruled on as early as this morning, when Howard also could set a date for a hearing on Couey's mental capacity.
The defense tried to prove that Couey, 48, is mentally retarded, but jurors did not buy the argument. It took them about four hours March 7 to convict Couey of first-degree murder, kidnapping, sexual battery on a child younger than 12 and burglary with battery.
Seven days later, the same panel voted 10-2 to recommend he be sentenced to die.
Howard has not set a sentencing date.
The third-grader was abducted from her Citrus County home in February 2005. Her body was found about three weeks later in the back yard of the home where Couey was staying. Authorities said she was buried alive.
A medical examiner testified she suffocated.
Reporter Jim Tunstall can be reached at jtunstall@tampatrib.com or (352) 628-5558.
Posted by admin at March 22, 2007 7:47 AM
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