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Murder trial to precede pending Couey cases

Couey's murder trial takes priority

By ABBIE VANSICKLE
Published June 9, 2005

INVERNESS - Attorneys for both sides agreed Wednesday that the murder trial for John Couey should take place before his other pending criminal cases.

Couey appeared in court Wednesday afternoon for a status conference before Circuit Judge Ric Howard. Couey, 46, is accused of kidnapping, sexually assaulting and killing 9-year-old Jessica Lunsford in late February.

Couey has pleaded not guilty and remains in the Citrus County jail awaiting trial. Prosecutors have said they will seek the death penalty.

From the time Jessica was reported missing Feb. 24 from her family's Homosassa home, the case has received national attention and spurred legislative change both at the state and federal level. The tremendous amount of publicity has raised concern by both the prosecution and defense about finding an unbiased jury.

At Wednesday's court appearance, Howard suggested Couey be tried on another pending charge before facing trial in connection with Jessica's slaying. That way, Howard said, attorneys could gauge the likelihood of finding jurors who hadn't already formed an opinion about the case.

But Chief Assistant State Attorney Ric Ridgway said he was concerned that trying Couey for the less serious charge would increase publicity of the case and ruin a potential jury pool for the murder trial.

"We'd have to go even farther away (from Citrus County) for the murder trial," he said.

In addition to charges relating to Jessica's slaying, Couey faces a charge of failing to notify law enforcement of a change of residence within 48 hours of moving.

Assistant Public Defender Roy Stevenson said he agreed with Ridgway's viewpoint. Couey, who wore a jail-issued red jumpsuit, said little during the discussion. His only words were simple answers to Howard's questions.

A rough timetable for Couey's trial was also discussed at the status conference. The earliest date for trial would be March 2006, Ridgway said, calling that date "optimistic."

Howard asked the attorneys for an update on preparations for the case. The autopsy report is not yet complete, the attorneys said. They also told the judge that depositions are likely to begin in the next few weeks.

Couey's next court appearance is set for 3 p.m. July 21.

After the conference finished, prosecutors again addressed questions about how long Jessica may have been kept alive inside the mobile home where Couey lived. State Attorney Brad King has faced criticism from lawmakers and conservative pundit Bill O'Reilly in recent weeks because of King's decision not to file charges against the people who shared the mobile home with Couey.

On Wednesday, Ridgway said that Couey gave several inconsistent statements in his confession that led prosecutors to doubt that Jessica was kept alive for long after she was kidnapped. When pressed on the point, Ridgway said he couldn't say for sure why Couey gave conflicting statements.

"Don't ask me to get inside his head," Ridgway said. "Not sure I'd want to go there even if I could."

Stevenson declined to comment on any specifics of the case.

Jessica's father, Mark, was not in court, but his attorney said Lunsford wants Couey's housemates to take polygraph tests to prove whether they knew Jessica was in the mobile home.

"If the news doesn't get the word out to them, I would even send them personal invitations (to take the test)" said Herb Cohen, Lunsford's attorney. "Let's just see if they'll do it."

--Abbie VanSickle can be reached at 860-7312 or vansickle@sptimes.com

[Last modified June 9, 2005, 01:17:24]