Couey Confession Tossed

Jessica Marie Lunsford

Judge: Couey confession out
The judge will allow evidence investigators collected after the confession involving the kidnapping and murder of 9-year-old Jessica Lunsford.

A Citrus County judge ruled this morning that John Couey’s confession will not be allowed as evidence in Couey’s upcoming trial. However, the evidence that investigators collected after his confession -- most notably the recovery of Jessica Lunsford's body -- will be allowed as evidence. Moreover, the judge said that incriminating statements Couey made to investigators and, on another occasion, to a jail guard will be allowed as evidence.

Couey, 47, is accused of kidnapping, sexually assaulting and killing 9-year-old Jessica of Homosassa last year. The trial is scheduled to begin July 10.

The defense noted that Couey asked for but was not provided a lawyer multiple times during an interview with investigators in Georgia in March 2005. As a result, they argue, his confession was unlawfully obtained and should be excluded as evidence. Likewise, all evidence obtained after Couey’s statements is similarly tainted and ought not be used against Couey, the Public Defender’s Office argued.

But prosecutors said Couey’s requests, made during discussion of a possible polygraph examination, were ambiguous. They also noted that Couey had been advised of his rights numerous times before and after his request for a lawyer, and that he waived those rights at every turn.