Jury Recommends Death for John Evander Couey

A jury of his peers took less than one hour today to recommend a death sentence for John Evander Couey for the kidnapping, rape and murder of Jessica Marie Lunsford. The jury made its decision without hearing Mark Lunsford's victim impact statement -- conspicuous in its absence.

The same jury that found Couey guilty of kidnapping, burglary, sexual assault and murder, last week, heard testimony Tuesday and closing arguments Wednesday afternoon before beginning deliberations in the penalty phase of the trial. The vote was 10-2.

The jurors apparently rejected the defense argument that Couey, who tested with an I.Q. of 64, was mentally retarded and mentally ill. The U.S. Supreme Court has ruled that someone who is mentally ill cannot be executed.

Couey, who spent most of his time in the presence of the jury coloring and doodling on a piece of paper -- a strategy some observers believed was a ruse to convince the jury that he was indeed retarded -- suddenly stopped writing on the paper when the verdict was announced.

No victim impact statements were presented during the penalty phase, as allowed by Florida law. Reportedly, Jessie's father, Mark Lunsford, did not give a statement in order to insure that nothing would be said that might be used in a later appeal.

Regardless, Couey's sentence will undoubtedly be appealed. Even though Florida has a speedy appeal process for death penalty cases, the process will probably take longer than his victim was allowed to live her nine-year-old life.

Background:
The Jessica Lunsford Case
The Jessica Marie Lunsford Foundation

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