Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Judge throws out confession in Jessica Lunsford case
tampabays10 ^ | 6/30/2006

Posted on 06/30/2006 6:47:31 AM PDT by lunarbicep

The confession of a man charged with kidnapping, raping and killing 9-year-old Jessica Lunsford isn't admissible in court, but the discovery of her body can be used as evidence, a judge ruled today.

John Evander Couey, a 47-year-old convicted sex offender, gave the confession to detectives, but also told them that he wanted to consult a lawyer. He wasn't given the opportunity to do so.

Jessica Marie Lunsford was found kneeling and clutching a stuffed animal, hands tied with speaker wire and fingers poking through the garbage bags in which she was buried alive in March 2005. Two days earlier, Couey told detectives he kidnapped, raped and killed the 9-year-old girl.


TOPICS: Miscellaneous
KEYWORDS: burncouey; couey; coueytrial; florida; jessica; jessicalunsford; jessicaslaw; lunsford
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 101-110 next last
To: GRRRRR

I think that with the discovery of the body, and the "willing" testimony of the people in the trailer, this guy is still going to fry.


21 posted on 06/30/2006 6:58:57 AM PDT by Enterprise (Let's not enforce laws that are already on the books, let's just write new laws we won't enforce.)
[ Post Reply | Private Reply | To 17 | View Replies]

To: lunarbicep

I get all my legal training off the TV, so take my opinion for what it is worth...

If the police thought the girl was still alive, pehaps finding the girl quickly was their first priority. If this is the case, one can understand how their decision to continue to question the murderer even after he requested a lawyer came about.

The prosecution caught a break because the court is going to allow physical evidence form the girl's body to be used at the trial. I am certain the murderer's lawyer argued that this should be considered "fruit of the poisonous tree" and excluded as well. Hopefully the physical evidence will be enough to convict this man even without the confession.


22 posted on 06/30/2006 6:59:11 AM PDT by gridlock (The 'Pubbies will pick up two (2) seats in the Senate and four (4) seats in the House in 2006)
[ Post Reply | Private Reply | To 1 | View Replies]

To: cripplecreek

"Cops made a real mess in this one."

Agreed, in the sense that the perp should suffered a painful and seriously fatal accident on the way to the police station.


23 posted on 06/30/2006 7:00:11 AM PDT by hauerf
[ Post Reply | Private Reply | To 5 | View Replies]

To: lunarbicep
I guess he should be given a free-roll and invited to live with the judge and his left-wing anti-American ACLU friends. This piece of scum should have already been tried and executed by the same method that he used on that little girl. Where are the anti-American left-wing fascist Democrats who complain about dogs barking at terrorist as torture? This little girl was tortured and killed by being buried alive again I ask WHY IS THIS SCUM STILL ALIVE?
24 posted on 06/30/2006 7:00:34 AM PDT by YOUGOTIT
[ Post Reply | Private Reply | To 1 | View Replies]

To: usmcobra

Ya know, he might actually get to feel a little justice if he were released on the streets. Words to describe this piece of filth just escape me.


25 posted on 06/30/2006 7:00:40 AM PDT by austinaero
[ Post Reply | Private Reply | To 15 | View Replies]

To: joe fonebone
"Flame me if you want, but a coupla detectives should lose their jobs, for their actions may very well help aquit an admitted murdered. "

No flame from me Joe. While the detectives should be fired, the confession should be admitted.

The Miranda ruling was IMO seriously flawed from the get go. It is the legal version of 2 wrongs making a right and that right is in favor of the accused.

I believe if any search warrants were issued based upon the confession, then any evidence obtained could also be challenged.

Make the penalty for the government's agents stiff enough to discourage anyone from violating the accused's rights but don't stick the judicial head in the sand and make like evidence didn't exist.

26 posted on 06/30/2006 7:01:13 AM PDT by Wurlitzer (The difference between democrats and terrorists is the terrorists don't claim to support the troops)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Piquaboy
It would have been a lot easier if he had been shot while resisting arrest. That should happen also to those terrorist rather than being shipped to Gitmo.

I would not be surprised at all if this was the ultimate result of the Hamdan case. And I'm OK with that...

27 posted on 06/30/2006 7:04:38 AM PDT by gridlock (The 'Pubbies will pick up two (2) seats in the Senate and four (4) seats in the House in 2006)
[ Post Reply | Private Reply | To 18 | View Replies]

To: Wurlitzer

You are correct on all counts.....but, the miranda crap has to change, either by legislation, or by the supremes....we need 1 more justice on the high court.....


28 posted on 06/30/2006 7:04:46 AM PDT by joe fonebone (Time to bring back tar and feathering.)
[ Post Reply | Private Reply | To 26 | View Replies]

To: gridlock
The prosecution caught a break because the court is going to allow physical evidence form the girl's body to be used at the trial. I am certain the murderer's lawyer argued that this should be considered "fruit of the poisonous tree" and excluded as well. Hopefully the physical evidence will be enough to convict this man even without the confession.

Which means the case has a potent appellate issue built into it from the beginning.

There is no shortage of appellate court judges willing to gut such a case on "fruit of the poisonous tree" grounds. This miscreant could someday be as free as OJ.

29 posted on 06/30/2006 7:05:56 AM PDT by JCEccles
[ Post Reply | Private Reply | To 22 | View Replies]

To: madprof98
A Clinton-appointed federal judge has tossed out our new state law barring sex offenders from living near places where kids congregate.

It was an absurd and capricious law, doing one thing while pretending not to. If you want to keep pedophiles in prison forever, fine. If you want to execute them, fine. But pretty much anywhere there are people, there is a school bus stop within a thousand feet, and further, the bus stops move from year to year.

30 posted on 06/30/2006 7:07:26 AM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
[ Post Reply | Private Reply | To 20 | View Replies]

To: lunarbicep

I don't think the state will have any difficulty getting a conviction,but it irks me when LE pulls bonehead stunts like this.Cooey's room mates were very likely accesories to the crime,and they simply walked,no charges,nothing.


31 posted on 06/30/2006 7:08:33 AM PDT by Thombo2
[ Post Reply | Private Reply | To 1 | View Replies]

To: lunarbicep

Even if you can get past the horrible Miranda decision, this guy did have the right to remain silent, and was told this. He apparently chose not to remain silent.

Do we have to change the Miranda statement now? Should cops now tell the people you arrest, "You are under arrest. Feel free to say whatever you want or do whatever you want. It can't be used against you in a court of law."


32 posted on 06/30/2006 7:08:37 AM PDT by BaBaStooey (I heart Emma Caulfield.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Thombo2

SP correction-Couey


33 posted on 06/30/2006 7:09:45 AM PDT by Thombo2
[ Post Reply | Private Reply | To 31 | View Replies]

To: Enterprise

At the time I think the cops thought she might still be alive. Not sure of the timeline on this case.


34 posted on 06/30/2006 7:12:27 AM PDT by mware (Americans in armchairs doing the job of the media.)
[ Post Reply | Private Reply | To 12 | View Replies]

To: mware

I would have to go back too and catch up on the details. That sounds correct though.


35 posted on 06/30/2006 7:14:33 AM PDT by Enterprise (Let's not enforce laws that are already on the books, let's just write new laws we won't enforce.)
[ Post Reply | Private Reply | To 34 | View Replies]

To: lunarbicep

Throw the confession out. Then throw Lundsford out...a ten story window. Then close the window and close the case.


36 posted on 06/30/2006 7:15:05 AM PDT by swain_forkbeard (Rationality may not be sufficient, but it is necessary.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: joe fonebone
We need instant justice now. Child sex offenders need to be found and killed. Depending on cops and courts has done absolutely no good in this situation.

If the liberal Clymers who let this scum out on the streets see that it leads to their execution, maybe they'll finally see the wisdom of locking them up forever.

37 posted on 06/30/2006 7:15:39 AM PDT by hunter112 (Total victory at home and in the Middle East!)
[ Post Reply | Private Reply | To 28 | View Replies]

To: gridlock

I heard a former soldier in Iraq comfirm this yesterday. He said he would not subject his men to danger to capture these people only to have them go to a US court and freed.


38 posted on 06/30/2006 7:15:59 AM PDT by Piquaboy (22 year veteran of the Army, Air Force and Navy, Pray for all our military .)
[ Post Reply | Private Reply | To 27 | View Replies]

To: gridlock
I am certain the murderer's lawyer argued that this should be considered "fruit of the poisonous tree" and excluded as well.

After he is tried and convicted I am sure this will be the basis for appeal. The appelate courts are even more liberal than the trial courts.

39 posted on 06/30/2006 7:16:10 AM PDT by evad
[ Post Reply | Private Reply | To 22 | View Replies]

To: lepton
If you want to keep pedophiles in prison forever, fine. If you want to execute them, fine.

Nope, not fine at all. Such measures would be tossed out by the federal courts before the ink on the legislation was dry. Georgia's law was really aimed at pushing sex offenders out of the state altogether by making it nearly impossible for them to live anywhere around kids. Why? This case is a good example of why.

But sex offenders are a protected class. Seriously, if this guy gets off, he could be the featured speaker at the next ACLU banquet.

40 posted on 06/30/2006 7:18:44 AM PDT by madprof98
[ Post Reply | Private Reply | To 30 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 101-110 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson