Judge limits additional evidence against Couey

The murder trial of John Couey got under way this morning with pretrial motions. Couey is accused of kidnapping, raping and murdering 9-year-old Jessica Lunsford in Homosassa last year.

Circuit Judge Ric Howard granted a motion by the defense to bar evidence of Couey's previous criminal history, including previous criminal history — that Couey is a previously convicted sex offender and failed to register his address as required by law.

[Times photo: Stephen J. Coddington]

John Couey is escorted into the Lake County Judicial Center in Tavares on the first day of jury selection.

The judge also banned mention of previous bad acts, including accusations of sexual misconduct, which never resulted in charges against Couey.

Howard reserved judgment on the defense motion to ban graphic pictures of Jessica's body from being entered as evidence in the trial.

The prosecution asked the judge to bar mention of the Jessica Lunsford Foundation finances. The defense argued that Mark Lunsford, Jessica's father, has gained financially from his daughter's death. He has stopped working, has many of his expenses paid for, and has $40,000 in savings according to the defense.

Howard said that the finances of the foundation were not relevant to the case. The judge also ruled in the state's favor by barring mention of child pornography found on Mark Lunsford's computer, saying that it was not relevant to the case.

The judge also granted a third motion by the prosecution motion to limit testimony by Citrus County Sheriff Jeff Dawsy that John Couey was in a "drug-induced haze" at the time of the murder. The prosecution will likely argue the crime was premeditated, not the result of drugs and alcohol.

Couey pleaded not guilty in Jessica's death and the state is seeking the death penalty.

Jury selection will follow the pretrial motions in Lake County this morning. It is expected to take at least two days.

Howard issued 3,500 jury duty notices but has already excused 1,800 for statutory or hardship reasons, according to the Lake County Clerk of Court.

About 150 potential jurors each day will face questions from prosecutors and defense attorneys about their views on the death penalty and the Lunsford case.

Comments

[Mike Dailing]

Sad that the trial has to go on, pity the victims, father and mother. COUEY is already a dead man walking, I suggest he won't live beyond a month wherever he is sent, God willing and so be it!