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The Jessica Lunsford tragedy

Mental issue delays sentencing

A hearing on John Couey's mental condition probably will be held near the end of April.

By JOHN FRANK
Published March 23, 2007


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INVERNESS - John Couey's sentencing appears indefinitely delayed after defense attorneys waived their right to a speedy conclusion.

A Miami jury found Couey guilty of killing Jessica Lunsford, then recommended the death sentence March 14. But state law puts the final sentencing in the hands of the judge, who must give great weight to the jury's advice.

Circuit Judge Ric Howard's decision on punishment must come within 30 days of the jury's recommendation or Couey, 48, must be sentenced to life in prison, according to state law.

Defense attorneys agreed to a delay so the court could hold a hearing about whether Couey is mentally retarded.

Brandon forensic psychologist Robert Berland testified at trial that Couey suffers from mild mental retardation, based on a standard intelligence exam he took in February. If found retarded, Couey could not receive the death penalty.

State and defense attorneys needed more time to line up mental health experts for the hearing, which is expected to come near the end of April.

A sentencing hearing featuring testimony of Lunsford family members will take place afterward, though no date was set.

During a brief hearing Thursday, the judge also reserved hearing the defense's motion for a new trial, saying he didn't want to rush the case to the finish.

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

[Last modified March 23, 2007, 06:32:24]


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Comments on this article
by yossadira 10/04/07 01:57 AM
i think that john couey should sufer in prison for killing the innocent little girl what they should do is give him the lethal injection, he deserves that. This evil animal knew what he was doing he kidnapped her, raped and buried her alive.
by Jitka 07/15/07 06:00 PM
He should wasn't mentally retarded when he knew how to get around her house, kindapped her, raped and kill her and knew how to get on that first possible bus so he could get away. Sounds like clear thinking to me.
by Susan 04/26/07 01:53 PM
Here is surely an evil individual. He is slow but not too retarded to run and find a way to kill that angel. His coloring farce in court was so stupid of him and his attorneys. Why let him live and breath? Mo mercy from me!!
by ashley 04/04/07 01:53 PM
what i dont understand is john already admitted to the crime, so why is he saying he has mental issues....he killed a 9year old girl; mental or not he should still be punished for his hanis crime.
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