Judge rules trial will stay on schedule; suppression hearing slated for Tuesday

Despite new objections from the defense, John Couey's trial will start, as scheduled, on Monday morning in Miami.

The defense request to suppress the testimony of jail guards to whom Couey made incriminating statements will be heard at 9 a.m. Tuesday in Miami during a break in jury selection. The defense this morning raised a relatively new issue: Couey's mental competency.

In the past, the defense has said that Couey had a limited intellectual range and that further testing and evaluation may be necessary. On Thursday, during a brief hearing, most of which was conducted at the bench and out of earshot, the defense told  the judge that its mental health expert needed time immediately to evaluate Couey and determine whether he is mentally retarded.

Based on that, the defense asked for a delay in the trial saying that a positive finding would greatly affect the proceedings and whatever sentence Couey would be legally eligible to receive if he is convicted in the death of Jessica Lunsford, 9.

But the state argued today and the judge agreed that the court can determine the issue of Couey's mental state after a guilty verdict if there is one. Thus there is no need to delay the trial.