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Couey's defense asks to ban statement

John Couey's team says a later interrogation violated his rights.

By JOHN FRANK
Published December 23, 2006

INVERNESS - As expected, John Couey's defense team filed a motion Friday asking a judge to suppress incriminating statements its client made to Orlando police officers who questioned him about an unrelated case shortly after his arrest in the death of Jessica Lunsford.

Assistant Public Defender Daniel Lewan said the interrogation on March 31, 2005, violated Couey's right to an attorney and his right to remain silent, which were invoked formally in court papers filed nine days earlier.

Even though the detectives were questioning Couey about the 1985 homicide of a missing Orlando girl, the questions "could reasonably be expected to elicit an incriminating response regarding the Citrus County case," Lewan wrote in his motion.

"The emphasis on the similarities between the two cases and the comparisons used by the detectives, when viewed from the perspective of the defendant, invited the defendant to talk about the Citrus charges," he concluded.

Circuit Judge Ric Howard is expected to hear prosecutors and defense attorney's arguments on Jan. 5. In a June hearing, Howard agreed to strike the initial confession Couey gave to Citrus detectives the night of his arrest in Georgia on the grounds that he was denied access to a lawyer after repeatedly requesting one.

In this latest situation, Couey never asked for an attorney, but the court papers required Couey to have a lawyer present during "any questioning about any potential or pending criminal matter."

The statements at issue came after Detective Julius Glen Gause, Jr., and Joel Wright asked Couey the question, "Did you kill Regina Armstrong?," referring to the young victim in the Orlando case.

According to court papers, Couey replied, "If I done it, I would tell you. They can only kill me once."

Couey faces the death penalty in the Lunsford case.

Then, the investigators said, Couey blurted out: "I don't know why I did this, but I did. I ain't never done anything like this before. This is the first time I ever done something stupid like this."

In the deposition, the investigators said they assumed he was referring to Lunsford's death because that was why he was in jail, even though Couey made no mention of the case.

The detectives didn't come forward with the statement until July 13, when their supervisor informed them that Couey's initial confession was ruled inadmissible.

Couey is charged with kidnapping, raping and murdering 9-year-old Jessica in February 2005. Jury selection is scheduled to begin Feb. 12 in Miami.

John Frank can be reached at jfrank@sptimes.com or 860-7312.

[Last modified December 23, 2006, 06:29:40]