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Couey is granted a change of venue

Judge Ric Howard now has to choose a jury from outside Citrus County or hold the trial elsewhere.

By CATHERINE E. SHOICHET
Published April 21, 2006

INVERNESS - The jurors for John Couey's trial won't be from Citrus County, a judge decided Friday.

Still undecided is where the jurors will come from and where the trial will be held.

Couey, accused of kidnapping, sexually assaulting and killing Jessica Lunsford, is scheduled for trial July 10.

In a hearing that lasted less than 10 minutes, Circuit Judge Ric Howard granted a defense motion for a change of venue.

Howard could move the trial out of he county. Or he could keep the proceedings in Citrus but get jurors from elsewhere.

If the trial moves to another county, Howard still will preside.

Assistant Public Defender Daniel Lewan asked for the change of venue, arguing that Couey would not get a fair trial in Citrus due to the "extraordinary and pervasive publicity" the case has received.

Howard said in court that the motion was well founded.

Assistant State Attorney Ric Ridgway did not object to the request.

"I think it would have been fruitless," Ridgway said in a news conference after the hearing. "I think we would have wasted a lot of time trying to find a jury here."

He said Howard had not indicated any possible locations.

In picking a new location, state statutes say the court "shall give priority to any county which closely resembles the demographic composition of the county wherein the original venue would lie."

According to the 2000 census, Citrus is 95 percent white, with 32 percent of residents older than 65.

Ridgway said the judge will have to weigh more practical considerations. If the proceedings are moved, for example, the receiving county will need a large enough court facility with adequate security. And in order to fly in out-of-state witnesses, he said, it's important to have an airport nearby.

If media coverage is the driving force behind relocating the trial or finding a new jury pool, Ridgway said, the judge will look outside the Tampa Bay media market.

"There's a very good chance that it (a new location) will not be announced until almost immediately before the trial," Ridgway said, to prevent excessive media coverage in the new location.

During a May hearing, Howard expressed doubts about the possibility of finding jurors who had not been affected by the extraordinary publicity.

Couey, 47, has pleaded not guilty. He is being held without bail at the Citrus County jail. The state is seeking the death penalty.

Ridgway said the trial will likely last about two weeks. "Picking the jury may be the longest and hardest part," he said.

Couey's next status conference will be at 8:30 a.m. May 19.

Catherine E. Shoichet can be reached at cshoichet@sptimes.com or 860-7309.

[Last modified April 21, 2006, 23:02:53]