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By Jim Tunstall
The Tampa Tribune
INVERNESS - The man who kidnapped, raped and murdered 9-year-old Jessica Marie Lunsford doesn’t deserve a new trial, a Circuit Court judge ruled Friday.
Attorneys for John Evander Couey argued his convictions should be thrown out because of judicial errors and prosecutorial misconduct during his trial earlier this month in Miami.
They also claimed Couey, 48, didn’t get a fair trial because they were given too few peremptory challenges and the case was tainted by pre-trial publicity.
The trial was moved from Lake County after Judge Ric Howard couldn’t seat a jury there.
The Miami jury recommended Couey be sentenced to death for the Third Grader’s murder n February, 2005.
Howard is expected to hold a retardation hearing before sentencing Couey.
Florida law prohibits the execution of retarded inmates. Couey’s lawyers have said their client is mentally retarded.
Stay tuned to tbo.com for developments
I can’t believe that anyone who is capable of doing what Couey did is mentally retarded. To have the foresight to ruthlessly and painfully rape and then murder a little girl is depraved. He shut her up so she couldn’t tell anyone the horrors she suffered.
The Lunsfords, as well as the rest of us have had enough of this. It is a waste of time and money at this point, and has been from the time of confession.
Mark Lunsford has been patient, and turned his anger to good. Can’t we leave well enough alone and just get this over with?
It’s bad enough to allow these attorneys to yell “this isn’t fair” for the past 3 weeks. They had a change of venue, more than once. To hold a hearing to go over what is already known to be false is a complete waste of money.
Why not take the money spent on that and put it toward Mark’s cause?
An individual is considered to have mental retardation based on the following three criteria: intellectual functioning level (IQ) is below 70-75; significant limitations exist in two or more adaptive skill areas; and the condition is present from childhood (defined as age 18 or less). How can Couey fit this definition. In stories I’ve seen talking about him a few years ago, he didn’t seem to be mentally retarded. Another waste of our time by Lawyers.
Amen Michelle. Couldn’t have said it better myself. To this day, I have no idea how Mark Lundsford sat through that trial; literally feet from the animal who killed his little girl; and didn’t jump over the railing to choke him to death. He’s a much better man than I. They’d have to shoot me to get me off him…
I cannot believe they are going through all of this again. Why didn’t they have a retardation hearing before the trial? Couey should have been walked out of court and put to death then.He admitted it so why all this mess? Hasn’t the Lumsford family gone through enough? He sure didn’t give Jessica a retardation hearing before he killed and rape her. I hope our judical system wakes up soon, or we’re going to continue to have the Couey’s and Bundy’s making fun of our system.
Hasn’t Couey caused Mark Lunsford enough pain? To lose a child in such a manner and then know the cruel details of Jessica’s killing then have to sit through a jury trial to relive it. And watch Coury color in a coloring book for spite when Mark should be watching Jessica color. Couey knows he is guilty. For once he should do the right thing….fess up and stop this ridiculousness…take responsibility for the evil actions you committed and suffer the consequences.
I believe that everyone knows that Couey is guilty and his attorney’s are just wasting the taxpayers money by continuing with these delays. I think they should execute him the same way he did Jessica. Maybe if we enforced the law to criminals there would be less in prisons. If ciminals knew they would receive the same treatment that their victims did they may stop before commiting them.
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Posted by Carlene Sawyer, Lutz, FL on 04/01 at 08:39 AM
I agree with Ruth. I have always believed the criminals should suffer the same way they inflicted pain and death to their victims. Maybe if we enforced our laws as some other countries, we wouldn’t need to build new prisons every time we turn around. Hell, they get a better life inside those walls than most.
Maybe us tax payers could get a break!
As for Mark, I think he should stay away from Government offices and put his efforts into helping people struggling as he has.