Confession by Jessica Lunsford's Murderer Thrown Out by Judge
Jim Kouri, CPP
June 30, 2006
The confession of the brutal murderer of 9-year old Jessica Lunsford was thrown out by the judge during the trial of John Couey.
When Couey was arrested in March, he confessed to investigators that he kidnapped and murdered 9-year-old Jessica Lunsford.
On Friday, a judge threw out Couey's confession because after his 2005 arrest, he allegedly asked to speak to a lawyer eight times and his request was ignored or denied by police detectives. After that he described the details of the child's murder.
Such a police misconduct is not a mere technicality. A technicality is signing an order in the wrong color ink,” Circuit Judge Ric Howard said in issuing the ruling Friday. “This is a material and a profound violation of one of the most bedrock principles of criminal law.”
This is considered a major victory for the for the defense team. It prevents the prosecutors from playing an audiotape of John Couey admitting to the crime.
However, the judge hearing the Couey case ruled that Jessica Lunsford's remains and all of the DNA evidence will be allowed in the trial, even though they were discovered by detectives as a result of the suspect's confession. Judge Richard Howard during his ruling said that the cops would have found Jessica's body even if Couey hadn't confessed.
Couey allegedly told detectives that he had kidnapped, raped and killed Lunsford and where they could find the body. Lunsford's small body was found bound inside garbage bags -- where she was reportedly buried alive -- clutching a stuffed animal back in March, 2005.
Trial observers say that even without Couey's confession, the prosecution has an excellent case. Couey has pleaded not guilty to charges of premeditated murder, kidnapping and sexual battery. Prosecutors are seeking the death penalty.
When Couey was arrested in March, he confessed to investigators that he kidnapped and murdered 9-year-old Jessica Lunsford.
On Friday, a judge threw out Couey's confession because after his 2005 arrest, he allegedly asked to speak to a lawyer eight times and his request was ignored or denied by police detectives. After that he described the details of the child's murder.
Such a police misconduct is not a mere technicality. A technicality is signing an order in the wrong color ink,” Circuit Judge Ric Howard said in issuing the ruling Friday. “This is a material and a profound violation of one of the most bedrock principles of criminal law.”
This is considered a major victory for the for the defense team. It prevents the prosecutors from playing an audiotape of John Couey admitting to the crime.
However, the judge hearing the Couey case ruled that Jessica Lunsford's remains and all of the DNA evidence will be allowed in the trial, even though they were discovered by detectives as a result of the suspect's confession. Judge Richard Howard during his ruling said that the cops would have found Jessica's body even if Couey hadn't confessed.
Couey allegedly told detectives that he had kidnapped, raped and killed Lunsford and where they could find the body. Lunsford's small body was found bound inside garbage bags -- where she was reportedly buried alive -- clutching a stuffed animal back in March, 2005.
Trial observers say that even without Couey's confession, the prosecution has an excellent case. Couey has pleaded not guilty to charges of premeditated murder, kidnapping and sexual battery. Prosecutors are seeking the death penalty.
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