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Couey lawyer: We need time

A February trial is set, even though the defense has said that doesn't leave enough time to prepare.

By ABBIE VANSICKLE
Published September 1, 2005

INVERNESS - John Couey's lead public defender told a judge earlier this week that the defense needed more time to prepare, especially because one of Couey's public defenders had resigned.

When Circuit Judge Ric Howard asked assistant public defender Daniel M. Lewan what Lewan needed to ensure Couey's defense team was properly prepared, the public defender had a simple answer.

"Time," Lewan told the judge.

But Lewan's boss, Public Defender Howard "Skip" Babb Jr., was much more optimistic. He said he was confident in Couey's legal defense team.

"We're going to do the best with what we've got," he said during an interview.

Babb's comments came after a busy week for both the prosecution and defense in the case. A flurry of motions has been filed with regard to the testimony of a key witness against Couey, who is accused of kidnapping, sexually assaulting and killing 9-year-old Jessica Lunsford.

Couey, 47, has pleaded not guilty and is being held at the Citrus County jail. A February trial date is on the calendar, even though the defense has said that doesn't leave enough time for it to prepare.

Babb said assistant public defender Alan Fanter, who works in Hernando County, will join Couey's defense team. Fanter is certified in handling capital cases and has 20 years' experience with the office, Babb said.

The witness in question is sheriff's Detective Scott Grace, who was in Augusta, Ga., when Couey talked with investigators about the disappearance of Jessica.

Grace recently resigned from the Sheriff's Office to take a job with Halliburton, a private company providing contract work in Iraq and Kuwait. Grace leaves next week to start his new job, so attorneys have spent this week arguing how to handle his testimony.

Prosecutors thought the issue was resolved at a hearing Monday, when the judge ruled that Grace's deposition and trial testimony should be videotaped before he went abroad. Grace told the judge he might be able to come back to testify, but he said he couldn't promise anything. And he couldn't be compelled to return because he will be out of the United States, prosecutors said.

The defense had objected to the state's request.

Howard reversed his decision Tuesday morning during another hearing. Neither of the lead prosecutors in the case were in the courtroom at the time, however, and they immediately filed a motion for rehearing.

That hearing is scheduled for 3 p.m. today in Howard's courtroom.

Prosecutors also said the Attorney General's Office is preparing an emergency appeal in case the judge sides with the defense.

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

[Last modified September 1, 2005, 00:57:17]