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Lawyer: Toss out Couey's confession

His public defender also wants key evidence in the case suppressed.

By JORGE SANCHEZ
Published May 16, 2006

The motion says two Citrus sheriff's detectives violated Couey's rights by not allowing him to see a lawyer after he repeatedly asked for one during interrogations and a polygraph exam.

The defense also seeks to suppress statements Couey made after his return to Citrus County in March 2005. He was arrested in Georgia.

The motion to suppress was in a stack of paperwork filed Friday, just before the Monday deadline for motions. The Public Defender's Office submitted more than 50 pretrial motions, some supported by lengthy memorandums.

Couey, 47, has pleaded not guilty to charges involving kidnapping, sexual assault and first-degree murder in the death of 9-year-old girl in February 2005.

His trial is scheduled for July 10, and he is being held without bail at the Citrus County jail. The state is seeking the death penalty.

The motion to suppress, prepared by Assistant Public Defender Daniel M. Lewan, states that Detectives Scott Grace and Gary Atchison conducted three illegal interrogations of Couey.

The first was in Augusta, Ga., on March 17, 2005, shortly after Couey was arrested on unrelated charges. During the two-hour interrogation, Couey asked to see a lawyer, the motion said, but the detectives continued. A transcript provides the dialogue:

"John, would you take a lie detector test for us?" Grace asked.

"I guess. I'm just . . . I want a lawyer, you know," Couey said.

"Hang on, hang on John," Grace said. "Hang on ... I'm just asking."

The second instance occurred March 18, when Couey took a polygraph test and gave the confession and detailed information about the abduction, rape and killing, the motion said.

Couey provided many details, including the location of their girl's body.

In a videotaped deposition given in September, Grace said he thought Couey meant he wanted to consult a lawyer about whether he should take a lie detector test.

"It was not crystal clear as to exactly what he was stating to me," Grace testified.

March 18, Couey went before a judge for a first appearance hearing and could have asked for a lawyer, Grace said in the deposition.

The motion to suppress came with three pages of transcript from Couey's interrogation March 17.

The transcript quotes Couey saying he wanted to speak with a lawyer four other times.

"I want to talk to a lawyer first," Couey said.

"You want to talk to a lawyer first?" Grace said.

"Yes sir," Couey said.

"Are you okay with talking to us still right now about stuff?" Grace asked.

Prosecutors have said investigators would have discovered Jessica's body even without Couey's interview. After all, by the time Couey spoke, they already had searched the mobile home where he was staying and found a mattress stained with blood. They eventually would have found Jessica's body, which was buried in a shallow grave behind the mobile home, prosecutors have said.

[Last modified May 16, 2006, 06:36:42]