Posted on 03/14/2007 9:09:08 AM PDT by freespirited
A psychologist cast doubt Wednesday on defense claims that the man convicted of killing 9-year-old Jessica Lunsford is mentally retarded, rating John Evander Couey as average in ability to hold jobs and get through daily life.
The testimony by prosecution expert Harry McClaren is important as a jury weighs whether to recommend a life prison sentence or the death penalty for Couey. McClaren's remarks suggest that Couey is able to adapt adequately despite any mental challenges, including low IQ.
Mentally retarded people cannot be executed under both Florida law and a 2002 U.S. Supreme Court decision. But a key factor in deciding retardation legally is the level of a person's "adaptive functioning," or day-to-day living capabilities.
McClaren said a combination of tests and interviews with Couey's family, friends and former co-workers led him to the conclusion that the convicted sex offender is average in those abilities. Couey held construction and factory jobs that required some complex tasks and was called a "good worker" by a former boss at a restaurant.
"In my opinion, he was able to function at a level higher than would be expected of a person with mental retardation," McClaren said.
Prosecutors are using their mental experts to rebut testimony Tuesday by defense experts claiming that Couey is retarded, suffers from longstanding mental illness and was a chronic drug and alcohol abuser. Defense lawyers are using these "mitigating" factors, including a reported IQ of 64, in an effort to save Couey from the death penalty.
Couey, 48, was convicted last week of abducting, raping and murdering Jessica in 2005. The third-grader's body was found about three weeks after she disappeared in a shallow grave outside Couey's trailer, wrapped in black plastic trash bags and clutching a stuffed purple dolphin.
The trial was moved to Miami from Citrus County in central Florida because of heavy pretrial media coverage. Her death led to tougher restrictions across the nation to keep better track of sex offenders.
After the jury recommends a sentence, Circuit Judge Richard Howard will hold a second hearing and then render a final decision. Judges do not have to follow the jury's recommendation but must give it "great weight" in imposing a sentence.
Couey also spoke in court Wednesday for the second time, telling Howard that he did not wish to testify in the penalty phase of his case. As he has for much of the trial, Couey busied himself by drawing with colored pencils at the defense table.
If he scored 64 on an IQ test it's because he deliberately answered questions wrong.
Just the sight of this guy makes wants me to beat the hell out of him. Slow and very painful to the point of almost killing him. Have him get some medical attention and start all over again. I am all for the death penalty but I sure hope he gets his in jail also. Damn coward makes me sick.
This guy skated 24 times! Make him die!
I've not followed the case. What do you mean?
My wife and I were just discussing this exact point!!!! No reasonable person could listen to that interview and conclude the speaker is retarded. Plus we get photo's of the guy reading newspapers and law books. Then his shameless lawyers give him a coloring book for the trial. Disgraceful and criminal misleading of the jury!!! Such theatrics cheapen our legal process to a point where it doesn't really work anymore. We hope the jury sees through the play acting.
I thought it was outrageous that the judge denied the prosecution's request that he not be allowed to sit there and color. What kind of justice system does not expect a defendant to pay attention at his own trial?
Trust me -- he paid attention.
The Court is simply dotting their "i's" and crossing their "t's" at this point. Couey is dead man walking.
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