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Judge rules Couey statements inadmissible

Early edition: Orlando detectives should not have questioned the man accused of murdering 9-year-old Jessica Lunsford because he had asked for a lawyer.

By JORGE SANCHEZ
Published January 8, 2007

INVERNESS - A judge ruled today that a jury will not hear statements made by accused child killer John Couey once his trial begins.

Circuit Judge Ric Howard said Orlando police detectives should not have been allowed to question John Evander Couey about a 1985 murder case because he had already told Citrus County authorities he wanted a lawyer - the same reason a taped confession to Jessica's slaying was thrown out in June.

The statements Howard ruled on Monday involve unrecorded comments Couey allegedly gave to Orlando police after he was arrested in March 2005. They asked Couey about the unsolved 1985 murder of 15-year-old Regina Armstrong because he had grown up near Orlando.

Couey has pleaded not guilty to charges he kidnapped, raped and murdered 9-year-old Jessica Lunsford of Homosassa in February 2005.

He allegedly made incriminating statements to Orlando detectives about the death of Lunsford. The statements were made in answers to questions about an unrelated 1985 Orlando murder, according to prosecutors.

The statements were first reported by the Orlando detectives on July 13, the final day of a failed attempt to seat a jury in Lake County.

The defense team argues that Couey invoked his right to remain silent long before speaking to the Orlando detectives.

Couey’s trial is scheduled to start Feb. 12 in Miami. If convicted, he could face the death penalty.

The value of the statements at trial is debatable. Assistant State Attorney Ric Ridgway said he never wants to lose evidence. But then again, prosecutors didn’t have these statements last summer when Couey’s case was last set for trial.

Ridgway said the most recent statements, made March 31, 2005, are clearly not as crucial as the inadmissible confession Couey gave Citrus County detectives the night of his arrest in Georgia.

Judge Howard earlier ruled that confession was invalid because detectives did not provide Couey a lawyer.

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.

This report includes information from the Associated Press. Contact Jorge Sanchez at sanchez@sptimes.com or (352) 860-7313 in Citrus or toll free at 1-800-333-7505, ext. 7313.

[Last modified January 8, 2007, 11:38:21]