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« March 5, 2007 | Main | March 7, 2007 »

March 06, 2007

Setting the scene

Court officials decided Tuesday afternoon that they will use courtroom 4-1 itself for jury deliberation tomorrow. There are a number of bulky pieces of evidence that jurors may want to examine, and Judge Ric Howard decided keeping everything in 4-1 would be the simplest situation logistically.

The defense and prosecution will present their closing statements in the morning.

Prosecutors are hopeful they may have a verdict as early as tomorrow afternoon. The clerk from Citrus County will read the verdict.

-- Elena Lesley

Jury exits

The jury has been dismissed from the courtroom for the day. Attorneys are gearing up to discuss instructions they will give jurors tomorrow.

Couey will not testify

Defense has rested its case. Judge Ric Howard offered John Couey the opportunity to testify. He has declined.

"He just isn't very smart"

As he did during the pre-trial suppression hearing, psychologist Robert Berland testified that John Couey is both mentally ill and mildly mentally retarded.

The defendant has a "psychotic disturbance" characterized by delusions, hallucinations and a mood disturbance, Berland said. On a recent IQ test he scored a 64; 70 is generally the cutoff for retardation.

This led Berland to address the incriminating statements Couey made to jail guards.

"His judgment of course is impaired because he's not very smart," Berland explained.

Couey's retardation, mental illness and isolation from other prisoners combined to make him more susceptible to subtle methods of interrogation. Though they may not have realized it, guards did employ such methods -- reinforcement, rewards, isolation -- and Berland said he found similar tactics in a Department of Defense manual.

-- Elena Lesley

Defense presents its case

Dr. Robert Berland is taking the stand as a witness for the defense.

A psychologist, he testified in a pre-trial suppression hearing that John Couey is both mentally ill and mildly mentally retarded. He said the defendant's diminished capacity made him particularly susceptible to subtle interrogation techniques.

One down

After testimony from Detective Daniel Holder and guard Kenneth Slanker, relaying more incriminating statements made by John Couey, the state has rested its case.

-- Elena Lesley

He said he'd take her home

A second jail guard took the stand after lunch as a witness for the state.

Much of Nathalia Windham's testimony resembled that of John Read, who came before her. She said Couey told her he broke into the Lunsford house in the middle of the night and took Jessica, keeping her in his trailer for three days.

"He said he had sex with her," Windham reported, and added that Couey claimed "for a nine-year-old girl, she knew a lot more than she should have known."

When he decided he had to get rid of her, he said he told Jessica to climb out his bedroom window. Then he instructed her to get into the trash sacks because he wanted to take her home, and he didn't want anyone to see her.

Unlike Read, Windham did not mention whether Couey bound her hands or feet.

-- Elena Lesley

Confession close call

While being cross-examined by the defense as to why he came forward when he did, John Read said "there were other testimonies out there at the time" that he thought would cover everything he knew.

The jail guard was referring to Couey's initial confession, which has been ruled inadmissable.

Mention of the confession in front of jurors could be grounds for a mistrial.

-- Elena Lesley

Couey told guard he kidnapped, raped and killed Jessica

John Couey told jail guard John Read that he took Jessica Lunsford from her home in the middle of the night, kept her in his house for three days and buried her alive because he couldn't bring himself to kill her "by his own hand."

This is the first time Read's testimony has been made public. The defense tried, unsuccessfully, to suppress his statements before jury selection began.

During the time Read guarded Couey, he said the defendant brought up the charges against him several times. Conversations always went forward with the assumption of guilt.

"He never denied having done this," Read said.

Couey said he had noticed Jessica playing outside before, but had gone to her house that night with the intention of burglarizing it. He told Read he found the back door open.

Read said Couey told him he saw Jessica sleeping in her bed and "acted on an impulse." He told the girl he was going to bring her to her father, who was out that night, and took her to his house instead.

Couey said he kept her there three days. Most of the time they laid around on his bed, but when other people were there, he hid her in the closet. They had sex the first day she was there and she bled.

She joked "she had the rag on," Couey allegedly told Read.

Read said Couey claimed he didn't want to kill her, but he panicked when he saw all the police activity near his house.

So he bound her hands -- and feet -- according to Read, and put her in trash bags.

-- Elena Lesley

Couey says he'll see Jessica in Heaven

While jurors were barred from listening to Couey's initial confession, they did hear testimony from Detective Gary Atchison saying John Couey made incriminating statements to him.

Couey alluded to his role in Jessica's death in October 2005, when Atchison came to take hair samples from him at the Citrus County jail.

He said "someday he would see Jessica Lunsford in heaven and apologize to her," Atchison said.

Couey added that he "didn't know why he did what he did and he wished he could take it back but he couldn't," Atchison said.

-- Elena Lesley

About This Blog

Follow the latest developments in the murder trial of John Couey as compiled and reported by the staff of the St. Petersburg Times and tampabay.com.

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