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March 23, 2007
Couey's Mental State At Issue
Topics: NewsINVERNESS - A circuit judge said Thursday he could decide by the end of April whether 9-year-old Jessica Marie Lunsford's killer will avoid the death penalty because he is mentally retarded.
A Miami jury rejected the claim this month and convicted John Evander Couey of first-degree murder, kidnapping, sexual battery on a child under 12 and burglary with battery. The same panel said by a 10-2 vote that he should die for the crimes.
Circuit Judge Ric Howard is not expected to sentence Couey until he hears testimony from mental health experts.
Florida law does not allow executions of retarded inmates. The only other sentence Howard can impose on the murder conviction is life in prison with no possibility of parole.
The judge hasn't set a sentencing date, but it's unlikely to occur before May.
Howard also could hear a defense motion for a new trial in the next two to three weeks. Couey's attorneys say the judge erred when he refused to grant motions for acquittal and on additional juror challenges.
They also say the guilty verdicts are contrary to the evidence.
The trial was moved to Miami because of pretrial publicity.
The Homosassa 9-year-old was abducted from her bedroom on the night of Feb. 24, 2005. Couey was arrested in Georgia three weeks later and led authorities to her body in his back yard.
Reporter Jim Tunstall can be reached at (352) 628-5558 or jtunstall@tampatrib.com.
Posted by admin at March 23, 2007 6:19 AM
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