Expect surprises other than jelly or cream

We're sitting outside courtroom 4-1. They're not yet letting people fill the gallery, though we just watched a delivery of at least two dozen Dunkin' Donuts make its way into court for the bailiffs and corrections officers.

While they enjoy their breakfast, you can read John Frank's story in today's St. Petersburg Times and watch his video analysis of the proceedings.

At 9 a.m., court is expected to reconvene to hear arguments in a pivotal suppression hearing regarding alleged jailhouse confessions John Couey made to guards. 

Today is probably the one day this week that we expect some surprises, because the prosecution has kept a lid of the depositions of the jail guards.

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.

Couey hearing rescheduled for Friday

Change of plans in the John Couey case: A hearing scheduled to begin at 3 p.m. today has been rescheduled for 11:30 a.m. Friday.

Officials won't say what's on the agenda, but the court presumably will hear a defense request to suppress testimony from Citrus County jail guards who say Couey made incriminating statements.

Stay tuned to tampabay.com on Friday for more.

Change of venue denied, again

To start Wednesday morning off, defense attorney Dan Lewan once again renewed his motion for a change of venue. Denied.

He also renewed his motion to strike two jurors who had knowledge that Jessica Lunsford was buried alive.

Lewan argued that the only way potential jurors would have knowledge of this fact is to have either heard of the confession or have heard others discuss the confession.

Judge Ric Howard again chided the defense for assuming that jurors are not being absolutely honest with the court:

"... They are being candid with us, sometimes sharing personal things that are bothering them," said Howard. (In the pre-qualification round, Howard excused one woman who required frequent bathroom breaks).

Lewan also argued that the confession had been inappropriately released by the prosecution, arguing that by law a confession should only be released after the case has been tried.

Howard, however, was again unmoved by the defense's arguments: "Previous rulings stand."

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.