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Couey wants trial moved out of county

In a motion filed Monday, his public defender argues that "pervasive publicity" makes a fair trial impossible in Citrus.

By CATHERINE E. SHOICHET
Published April 18, 2006

INVERNESS - Attorneys for John Couey want his trial on murder, sexual assault and kidnapping charges moved out of Citrus County.

In a change of venue motion filed Monday in Citrus County Circuit Court, a public defender argued that Couey would not be able to get a fair trial in Citrus due to the "extraordinary and pervasive publicity" the case has received.

"The pretrial publicity and particular community reaction to the ... case is so great that (an) attempt to obtain impartial jurors in Citrus County would be futile," Assistant Public Defender Daniel Lewan wrote.

Transcripts of Couey's alleged confessions were "unlawfully released to the media and have received extensive publicity," the motion said.

And the confession "may have been illegally obtained and therefore, not admissible as evidence in the trial," he wrote.

Chief Assistant State Attorney Ric Ridgway said Monday that he had not yet seen a copy of the motion. He said he did not expect to object to a change in location for the trial, but he noted that "nothing was unlawfully released."

"Defendants' confessions are exempt from public records, and we don't have to release them, but there is no prohibition against releasing them," Ridgway said. "It's just that we don't have to if we don't want to."

Couey, 47, has pleaded not guilty to charges of kidnapping, sexually assaulting and killing 9-year-old Jessica Lunsford last year. His trial is scheduled for July 10.

He is being held without bail at the Citrus County Jail. The state is seeking the death penalty.

Monday's motion came as no surprise. In a hearing in May, Circuit Judge Ric Howard expressed doubts about the possibility of finding jurors who had not been affected by the extraordinary publicity.

"Venue issues become very important, not only in Citrus County, but potentially even throughout the circuit," Howard said, referring to the 5th Judicial Circuit, which also includes Hernando, Marion, Lake and Sumter counties.

At the May hearing, prosecuting and defense attorneys also said a change of venue was expected.

In March 2005, when being questioned as a "person of interest" in Jessica's disappearance, Couey confessed to the abduction, sexual assault and killing, law officers say. He was then arrested.

Before making his statements about the case, Couey asked to consult an attorney. But detectives continued to question him.

Sheriff's Detective Scott Grace later testified that he and another detective believed Couey wanted to consult an attorney about whether to take a polygraph test, not about whether he should talk about Jessica's disappearance.

But some have questioned whether the detectives violated Couey's rights and whether, as a result, the incriminating statements will be admissible at trial.

Last month, prosecutors released a six-page transcript of an interview with a guard at the Citrus County jail, who recounted a casual conversation in which Couey reportedly said he "never meant to kill" Jessica.

Couey is slated to appear before Howard for a status conference Friday afternoon.

Last month prosecutors told Howard that two fingerprint comparisons still need to be completed.

Lewan told the judge that his office was still going through discovery documents.

Monday was the deadline for filing change of venue motions for the cases, according to guidelines Howard set in December. Defense attorneys have until May 15 to file motions to suppress evidence.

cshoichet@sptimes.com or 860-7309.

[Last modified April 18, 2006, 01:50:23]