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March 1, 2007

Jury Finalized For Couey Trial

Topics: News

By THOMAS W. KRAUSE and ANTHONY McCARTNEY The Tampa Tribune

MIAMI - After a dozen days of intense questioning, 12 jurors and three alternates have been selected, ready to hear evidence and determine whether John Evander Couey kidnapped, raped and killed 9-year-old Jessica Marie "Jessie" Lunsford.

This morning, the judge will swear in the jurors, and opening statements will begin. Testimony should run through next week.

Prosecutors are seeking the death penalty. Should the jury find Couey guilty, the trial would enter a second phase in which jurors would recommend life in prison or execution. That could take an additional week.

Brad King, the elected state attorney for the area that includes Citrus County, said he was happy with the panel.

"It took a little longer than I had anticipated it taking," he said. "We're glad that part is over with, and we're ready to start the evidence."

Couey's defense attorneys were less than satisfied with the final jury.

Assistant Public Defender Dan Lewan on Wednesday told the judge he had used all his allotted strikes but still had six members of the jury he wanted to remove. He did not say why he wanted them off the panel.

Judge Ric Howard said those jurors would stay.

The jurors were instructed to return to court this morning with bags packed. Sequestration will begin tonight.

Jurors will have no access to the news. All television, Internet and phone use can occur only in a common area monitored by deputies.

Under order of the judge, the jurors' names have not been released. Throughout the jury selection process, they were identified by number only.

The final panel includes:

•A black man who is a customer service worker. He's single and has no children.

•A black woman who works at the University of Miami. She has formed no fixed view on the death penalty and has heard a little about the case.

•A white female billing clerk at a children's psychiatric center. She has seen an interview with Jessie's father.

•A black man who works as a lead technician for AT&T. He said he knows nothing about the case.

•A Hispanic man who is a ground transportation worker at Miami International Airport. He said he is for the death penalty.

•A white female retired librarian. She said that 30 years ago her daughter was sexually abused by the woman's ex-husband. She said she knew nothing about this case and said, depending on the evidence, she could find Couey not guilty.

•A white male computer software engineer. His wife works for Carnival Cruise lines and they have no children. He said the death penalty should be evaluated on a case-by-case basis.

• A Hispanic female retail supervisor for an upscale department store. She's single and has no children. She said the case "rang a bell."

•A Hispanic woman who works on the technical help desk of the school district. She was born in Cuba and lived in Panama and Puerto Rico before coming to Miami about 15 years ago.

•A white male commercial real estate underwriter. During questioning, he used the phrase "buried alive" and defense attorneys wanted him excused. The judge allowed him to stay.

•A Hispanic male real estate broker and hospital supervisor. He is single and has no children.

•A Hispanic female financial analyst for an insurance firm. She's been married for about a month.

The three alternates include:

•A Hispanic man who works for a catering company. He is married to a nurse and has four children.

•A black man who works as a system analyst at a hospital and custodian for the school district. He has served on juries before, including civil and criminal cases.

•A white male mortgage broker. He's a divorced father of two who has heard a little about the case.

Prosecutors contend that Couey walked into the unlocked door of the Lunsford's Homosassa mobile home on Feb. 23, 2005. They say he entered Jessie's room and told her to follow him to his mobile home, just 150 yards away.

Prosecutors say he raped Jessie then buried her alive.

The trial was moved to Miami after an attempt to find an impartial jury in Central Florida failed. The move didn't make selection much easier.

Nearly 300 potential jurors were questioned. Quite a few were excused from jury service because they had heard coverage of the case, including reports that Couey gave sheriff's investigators a statement that indicated his guilt.

Last year, the judge ruled that Couey's statements to investigators could not be used at trial.

Reporter Thomas W. Krause can be reached at (813) 259-7698 or tkrause@tampatrib.com.

Posted by admin at March 1, 2007 7:10 AM

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