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The Jessica Lunsford tragedy

Couey juror quest hits midway point

By JOHN FRANK
Published February 19, 2007

MIAMI - A week after it began, the process of selecting a jury in the trial of John Couey is at the halfway mark.

In all, 133 prospective jurors faced questions from the judge, prosecution and defense about their personal situations, knowledge of the case and ability to put aside their opinions.

It's a painstaking process. Only 33 candidates emerged after 23 hours of prequalification during the course of 3 1/2 days.

The judge and attorneys want at least double that number - and likely add a dozen more - before they winnow the field to the final 12-member jury and six alternates.

Progress is slow because the case is so well-known. Fewer potential jurors know about the intimate details, such as the inadmissible confession, than the previous attempt to seat a jury in Lake County. But about 75 percent know something, and in many cases, it's enough to make them feel bias against the man accused of killing Jessica Lunsford.

Jessica's name is the thing people remember the most. And a good number know the gruesome fact that she was buried alive.

Legal posturing between the prosecution and defense is also stalling the process.

The defense wants a jury that doesn't expect it to give reasons why Couey is innocent in the 9-year-old Homosassa girl's death. They aren't likely to present evidence at all, just poke holes in the prosecution's case.

Couey is charged with kidnapping, raping and murdering Jessica in 2005.

Assistant Public Defender Daniel Lewan also went to extreme lengths to make sure the jurors don't know about the confession Couey gave the night of his arrest, which the judge later suppressed.

Lewan asks dozens of questions, much to the chagrin of court officials and observers, in an effort to jog the memory of the potential jurors about a crime that is about 2 years old.

The inquiries will only get more difficult as the process goes forward. After today's court holiday, another week of prequalification takes place. Then those who survive will face tougher questions about their thoughts on the death penalty.

Opening statements, which court officials once thought would being this week, likely won't come until early March.

As Circuit Judge Ric Howard has said often, "This is not a sprint, it's a marathon." But as one media blogger put it last week, "It's more like an Iditarod."

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

[Last modified February 19, 2007, 06:28:00]