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New Couey remarks questioned

By JOHN FRANK
Published January 5, 2007

INVERNESS - On the eve of today's hearing, prosecutors filed court papers Thursday arguing that incriminating statements made by John Couey in the death of Jessica Lunsford are clearly admissible at trial, rebuffing defense arguments that the convicted sex offender invoked his right to remain silent.

It sets up a showdown in court before Circuit Judge Ric Howard, who made the crucial ruling last year to strike Couey's confession the night of his March 2005 arrest because he wasn't given a lawyer after repeatedly asking for one.

The new statements in question were made by Couey during an interview with two Orlando police detectives, who questioned the 48-year-old Homosassa man in jail about the 1985 homicide of a missing Orlando girl about two weeks after his arrest in the Lunsford case.

Assistant Public Defender Daniel Lewan said the questioning violated Couey's right to an attorney and his right to remain silent, which had been invoked formally in court papers filed nine days earlier.

He also took issue with the fact the interview was not recorded and detectives didn't come forward with the statement until July 13, when their supervisor informed them that Couey's initial confession was ruled inadmissible.

Assistant State Attorney Peter Magrino countered in court papers that "the defense asserts a trilogy of reasons for the suppression ... none of which are supported by the evidence in the case or the law in the State of Florida."

Citing various cases as precedent, Magrino said the documents that forbid investigators from talking to Couey didn't apply to cases unrelated to Jessica's.

Also, he argued the detectives weren't required to record the interview; but they can still testify to the statements made by Couey.

Today's hearing is expected to take most of the afternoon, possibly continuing into Saturday, as the attorneys parse each statement in contention. It's unclear whether Howard plans to make a ruling at the end of the hearing.

Couey is charged with kidnapping, raping and murdering the 9-year-old Homosassa girl in February 2005. He faces the death penalty. Jury selection is scheduled to begin Feb. 12 in Miami.

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

The statements

Orlando Police detectives asked Couey, "Did you kill Regina Armstrong?" referring to the young victim in an Orlando case.

According to court papers, Couey replied:

"If I done it, I would tell you. They can only kill me once."

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."

The investigators said they assumed he was referring to Jessica.

[Last modified January 4, 2007, 20:31:02]