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Video: Special Report | Sheriff’s Reaction
By SAMARA SODOS and JIM TUNSTALL
News Channel 8 & The Tampa Tribune
INVERNESS - Although John Evander Couey told investigators he killed Jessica Lunsford and they captured the chilling confession on tape, a jury will not hear the recording.
A judge in Citrus County decided today that investigators compromised that evidence when they ignored Couey’s repeated requests to talk with an attorney.
“He said no less than eight times in 46 seconds” that he wanted a lawyer, Circuit Ric Judge Howard said, adding detective Gary Atchison and former detective Scott Grace also failed to tell an FBI polygraph expert of Couey’s request.
Howard said there were two possibilities: “They forgot or ... they didn’t want (the agent) to know.”
“The inescapible conclusion is they chose to ignore it,” he said. “Such police misconduct ... is a professional violation of a bedrock of criminal law.”
Physical evidence obtained as a result of Couey’s confession, including the discovery of 9-year-old Lunsford’s body, will be allowed in court.
Judge Ric Howard
The interview in question occurred in Georgia, where Couey was detained. Those statements, the judge said, are off limits.
Couey, 47, was interviewed again in Florida, and those statements will be admissible, the judge said.
Prosecutors say Couey talked also about Jessica Lunsford in the Florida interview.
She was found kneeling and clutching a stuffed animal, hands tied with speaker wire and fingers poking through the garbage bags in which she was buried alive in February 2005.
Because the ruling admits evidence linking Couey and Lunsford, investigators said it should be enough to convict Couey of first-degree murder, sexual battery of a child under 12 and kidnapping. He faces the death penalty.
Jury selection is expected to start July 10.
Stay with TBO.com for developments.
Information from The Associated Press was used in this report.
Chris Chmura in Tampa contributed to this report.
I think that they should let him burn for any person to take a child and take there life away should burn....I cry for these children, they are not mine, but I have two that I could not imagine..Why, no reason is good enough I just want to know why take a person’s life, that just started and means so much to someone else...And for throwing the confession out is beyond me, why when you already know he did it...This judicial system, I just dont understand.and why the judge would even let that happen, as far as letting something like that not be seen, and heard...My heart goes out to the family....So So dearly....
Parker… Before you accuse someone of “espousing their ignorance”, you need to climb down from your soap box and learn the difference between stating a legal fact, and stating one’s opinion. Of course the law doesn’t allow for shooting someone like Couey on the spot. But he certainly deserves to be shot! Or better yet, buried alive like he did to the little girl.
That’s ok. Let him go. Nature will take its course when someone buries HIM alive!
What about the violation of Jessica’s rights? I hope there is some prison justice for this guy, before it goes to trial, so this poor family does not have to re-live this heinous crime..
This man is sick he needs to be beat alive!!!!!!!!!!!!
Why hasn’t someone taken him out before now! Is he in solitary confinment or what? He doesn’t deserve another breath of air. I know the attornys have jobs to do but how can they go home and sleep at night representing a sorry excuse of a human being as Cuoey? I truly feel for the Lundsfords.
When I saw the headline that he threw the confession out, I was REALLY upset, but I knew before it happened that if he went by the law he had no other choice BUT to throw it out.
I was so relieved to find out that Couey had talked about the murder again here and that evidence could be used!!!
I’m don’t really believe in the death penalty, but I would shoot that #####hole myself.
No matter what we may think of the way the police handled this interview or how the judge ruled on the evidence, this monster needs to pay for what he did to this beautiful little girl.
Even if they were by some remote chance,to let him go, how long do you think he would last? I have no doubt that he will get his. Whether it’s a needle in his arm in 20 years, or beaten and stomped to death in jail, he is living on borrowed time. I almost wish they would let him go,he wouldn’t live 15 minutes.
What a shame.
Im sure the judge did what he thought he had to do and that this will just be a slight delay in getting Couey into jail where he will hopefully be killed by the inmates: rough justice, but needed in his case.
Parker- I think you missed the spirit of Charlie’s point. Criminals ARE given too many rights. Couey is getting much, much more than he afforded Jessica. To say Charlie is ignorant is rude and ignorant. He is expressing the popular opinion of many of the posters. We know how great our country is. We also know that to commit a crime against a child is the worst thing a human can do. It affects us to our very soul. Incidentaly, I think the correct word is espouting, not espousing. Now who’s ignorant?
It would seem to me, that regardless of the confession, if by some miracle Mr. Couey does go free, it would not take long before a friend, relative, or concerned citizen on Jessica’s behalf would catch up to him. I am by no means an advocate of vigilantism, but I think he would be safer in solitary on death row than out on the street. I think the judge did what he had to by law, popular or not. The officers should have been far more careful on such a high profile case.
he raped and killed a 12 year old girl and admitted to it. why does he need a lawyer, or a trial at all. they shouldve shot him as soon as he confessed. the legal system screws up again
Correction to my earlier post. It was not Citrus County that the “recorded confession” took place. It was in Georgia. Everything in Citrus County still stands and there is enough evidence locally to prosecute easily. <fingers crossed>
He better hope that he doesn’t get off on a technicallity. Jail is the safest place for him. If he goes free someone will probably do worse to him than he did to Jessica. So pray for the death penalty Couey you deserve it!!!!!!
The judge did the right thing in suppressing the confession. Criminal Investigators are professionals who know better then to continue on with an interview after the suspect has invoked his 5th amendment rights.
This is an emotional case and in spite of the evil nature of this hideous crime, emotions need to be left out of the trial to ensure a fair trial. This judge followed the law and did the right thing for the criminal justice system.
I am certain the evidence will ensure this creature gets his justice, which hopefully, will be death. I am just glad it will be done properly and thus avoided appeals that would have gone in favor of this evil creature.
The death penalty is too good for this individual. He is a waste of human flesh and does not deserve a painless death. Jessica suffered horribly at the hands of this devil and he deserves a slow, tortured death hidden in the belly of the prison system. Just like Jeffrey Daumer. The only thing I can think of is Jessica and her last agonizing, nightmarish moments here on earth. Yes, as Americans we do deserve a fair trail for our crimes. But, what happened to Jessica’s rights as a human being? Everyone remember this child and the pain her family will always suffer.
I personally believe we should amend the 8th Amendment of the Constitution to read: No cruel and unusual punishment except when [the offense is] committed against a defenseless child or elderly person. This wacko deserves the wrath of all civilized people.
I agree with the comments of many below.
However, some appear to have no concept of the investigatve and judicial rules and laws that the civilized countries of the world employ so as to be different from others. Maybe they would like to move to Iran or another country where their form of juctice can be done.
Gee, I hope I don’t cut in front of them in traffic! 
This cockroach is going to get the death penalty no matter what. What the judge did was prevent Coueys appeals attorney from saying it wasn’t a fair trial in ten years. This judge is no dummy. They can move this trial to Moose Pass Alaska and Couey is still getting the death penalty. Either by the Courts or by prison justice. But he is a dead man walking. I guarantee it.
The detectives should be fired. Period.
Mr. Murphy....because false confessions are among the leading causes of wrongful convictions, that’s why you have a trial. Police routinely coerce or fabricate confessions from innocent people. Remember the Central Park jogger case? Everyone was sure they raped that woman, since they confessed. Under your logic, five innocent kids would have been fried. Nice going.
I believe they should just free the man.
Announce that he will be released from the steps of the courthouse at 5pm. Surely there are some good ‘ol boys in the area who would be kind enough to give him a ride home, so he doesn’t have to endure the extreme heat. They might even give him a tour of the Withlacoochee Forest on the way.
Those cops should lose their jobs for violating the constitution and potentially ruining this case.
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Posted by Alek Bartel, Tampa, FL on 06/30 at 01:07 PM
Regardless of the outcome of the trial due to the blunder made by the police, this blight on the face of society will never get what he truly deserves. The death penalty is far too civil a treatment for what he did. He should get special treatment.
Harkening back to less “humane” times, this vile meatsack parading as a human being should be broken on the wheel, a slow an truly painful torture. He should then be quartered, and the parts of him buried just inches below the ground where dogs and other animals could easily get to his remains.
Then, only once he’s passed thru the entrails of someone’s retriever or poodle, will we see what he is TRULY made of, and what he is really WORTH.