The Jessica Lunsford tragedy

Grieving father speaks to killer

Mark Lunsford gets his day in court, telling John Couey that he hopes he lives "in fear of death."

By ELENA LESLEY and JOHN FRANK, Times staff writers
Published July 18, 2007

"I kissed her good night, not knowing it was goodbye," Lunsford said Tuesday of the last time he saw 9-year-old Jessica. A judge will decide if Couey is eligible for the death penalty. Complete coverage
	[Times photo: Maurice Rivenbark]

ADVERTISEMENT [Times photo: Maurice Rivenbark] John Couey (right) speaks with his defense attorney Alan Fanter during a hearing to determine his mental status. Couey, who was convicted of kidnapping and raping 9-year-old Jessica Lunsford, was likely faking mentally retardation in earlier tests, a court-appointed psychologist said Tuesday. [Family photo] Nine-year-old Jessica Lunsford smiles during a visit to the Florida State Fairground with her father, Mark Lunsford, just days before her disappearance in February of 2005.

INVERNESS -- Mark Lunsford waited more than two years to address the man who killed his daughter.

He took the witness stand just before 8 p.m. Tuesday, his voice quivering slightly.

Tears blurred his eyes as he talked of losing his 9-year-old daughter, Jessica, whom John Couey kidnapped, raped and buried alive in February 2005.

"I kissed her good night, not knowing it was goodbye," Lunsford said.

Then Lunsford's expression turned grave. He stared at the withering 48-year-old Couey, who sat just feet away.

"I hope you hear her cries as you try to sleep at night," he said. "I hope you see the tears run down her face when she asked you to go home.

"I hope you spend the rest of your life in fear of death. You will never hurt another child again."

The dramatic testimony followed a seven-hour hearing in Citrus County that explored whether Couey will die by lethal injection, which a Miami jury recommended in March after finding him guilty on all counts.

Couey's court-appointed attorneys are arguing that he is mentally retarded and not eligible for the death penalty under state law.

Circuit Judge Ric Howard reserved judgment after defense attorneys asked him to review previous mental health records and court transcripts as part of their case.

It's unclear when Howard will make a decision about Couey's mental status. His sentencing hearing is tentatively scheduled for Aug. 10.

Prosecutors hinged much of their argument on Dr. Gregory Prichard, a state-picked psychologist who tested Couey's cognitive abilities.

"My opinion is that he's not mentally retarded," Prichard said of Couey, who spent much of the trial coloring children's books.

To qualify as retarded under state law, Couey needed to score a 70 or below on an intelligence exam and demonstrate below-normal adaptive skills. Also, the defense needed to present evidence that both conditions existed before the age of 18.

Prichard said he conducted his own assessment of Couey at the judge's request in April. Couey scored a 78.

The score contrasted sharply with the results of a test commissioned by the defense in February. Conducted by Brandon psychologist Robert Berland, the test yielded a score of 64. Prichard said he thought his was a better measure of Couey's optimal cognitive functioning.

In other words, "You can't fake smart," Prichard explained.

Using information gathered from Couey's sister and a former employer, Prichard described how Couey was able to perform skilled construction work, set short-term goals and interpret abstract biblical passages.

The defense called no witnesses, but assistant public defender Daniel Lewan painstakingly dissected Prichard's assessment in a lengthy cross-examination. Prichard stuck to his assessment, and Lewan won no clear points.

After the mental hearing, the prosecution and defense were given one last chance to present evidence or testimony that could sway the judge's sentencing decision.

Mark Lunsford had testified briefly at the trial, but prosecutors kept him from saying much because they worried that his emotions would taint the jury and create grounds for an appeal.

On Tuesday, he pleaded with Howard for execution.

"It's just too heavy, your honor," he said, repeating what a potential juror had said months ago. "It's too heavy for mercy."

Elena Lesley can be reached at elesley@sptimes.com or (727) 445-4167. John Frank can be reached at jfrank@sptimes.com or (352) 754-6114.

[Last modified July 18, 2007, 00:59:16]