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The Jessica Lunsford tragedy

Couey's trial creeps along

By JOHN FRANK
Published February 15, 2007

MIAMI - Opening statements in the John Couey trial won't come until the end of the month at the earliest, as attorneys struggle to find impartial and available jurors.

What was expected to be a week-long process continued to move slowly Wednesday, prompting Circuit Judge Ric Howard to put off the second round of qualifying until Feb. 26 at the earliest. Prosecutors wouldn't start presenting their case until a few days later.

A large majority of potential jurors knew something about the case, despite living 300 miles from the Citrus County crime scene. Couey, 48, of Homosassa is accused of kidnapping, raping and killing 9-year-old Jessica Lunsford in 2005.

The judge again dismissed a significant number of potential jurors because the likely three-week sequestration would cause an undue hardship. The judge plans to isolate jurors during the trial because of media exposure.

Howard announced he wants to pick the final 12-member panel and several alternates from a pool of 100 prospective jurors.

Prosecutor Ric Ridgway said the big pool of jurors might not be feasible, "unless we want to be here another month."

Howard said he needs the large pool because he expects to lose 20 percent when he asks jurors whether they could recommend that Couey receive the death penalty if he is found guilty. Jurors must be willing to consider recommending death to sit on a death penalty jury.

So far, 25 candidates have made it to the second round after 12 were added Wednesday. About 100 have been questioned.

Attorneys said the plan is to continue sifting through prospective jurors today and Friday morning.

It's a grueling process, but Tuesday's decision by Howard to allow the testimony of jail guards did change the procedure slightly. The guards will testify that Couey made incriminating statements in Jessica's death from his jail cell, according to preliminary testimony.

Previously, any potential jurors who mentioned hearing about an admission were automatically dismissed because Howard suppressed the initial confession Couey gave to investigators. Now some of those candidates who know vaguely about Couey's statements are advancing to the second round of questioning.

The change meant more questions in the repetitive process, which lasted about seven hours. For the bulk of the day, Couey didn't seem interested. He used colored pencils to meticulously complete a picture of dinosaurs in a coloring book.

For observers, the only reprieves came from the colorful Miami characters that took the witness chair.

One was a quiet but confident man who once lived in Brooksville and seemed at home in the courtroom. He diligently answered Assistant Public Defender Daniel Lewan's numerous questions before revealing this gem: He's a former circuit court judge and previously was an assistant state attorney and assistant public defender.

"Wow," Lewan said, stepping back from the podium. The man was dismissed.

John Frank can be reached at jfrank@sptimes.com or 352 860-7312.

The latest

Couey trial

Even 300 miles from Citrus County, attorneys in John Couey's murder trial struggle to find impartial and available jurors in Miami. Couey is accused of killing Jessica Lunsford, 9.

- Circuit Judge Ric Howard Wednesday put off the second round of qualifying jurors until Feb. 26 at the earliest. Prosecutors wouldn't start presenting their case until days later.

- So far, 25 candidates have made it to the second round of jury selection; 12 were added Wednesday.

-The judge announced he wants to pick the final 12-member panel and several alternates from a pool of 100 prospective jurors.

[Last modified February 15, 2007, 05:21:37]