John Evander Couey V the United
States
By Deneale K. Williams
Jessica Lunsford born on October 6, 1995 was
a vibrant nine-year-old little girl. Jessica’s life was just beginning, a
beautiful, young little girl with so much going for her. She had a loving
family, and even a pet dog, everything she ever wanted. And of course, like any
perfect little nine-year-old child, Jessica was a virgin. Jessica was a normal
child, living happily ever after, and dreaming of a future, someday hoping to
be a nurse, or even a doctor, looking forward to a long life. But compliments
of John Couey, Jessica Lunsford’s life was going to change, and drastically
early one morning in February in 2005.
John Couey decided to enter the alleged
unlocked home of Jessica Lunsford’s grandparents and take her from her safety,
a place she lived and loved. No one knows why he decided to take her, but he
did.
Then John Couey took Jessica Lunsford into
the safety of his own mobile home, along with her violet stuffed dolphin, and kept
her as his own pet for a few days. Couey lived close by to the Lunsford
residence, therefore the police managed to check around the Couey residence
looking for Lunsford. Per Couey, Lunsford was still alive at the time, when the
Police came looking for her. Couey advised Lunsford to remain quiet, that it
was for her own good.
Couey raped Lunsford in his own bedroom,
and kept her in his closet. Then Couey claimed that he tricked poor little
Jessica Lunsford into getting into the trash bags, promising to her that he
would than take her back home. Once she got into the trash bags, Couey decided
the safest bet was to put her into the trash bags.
Couey’s half-sister, Dixon on March 14th,
gave the police permission to search her home. It was on March 19th
the Police discovered Jessica Lunsford's little body at the residence
located on West Snowbird Court, buried in a hole approximately two point five
inches deep and two inches’ circular, covered with leaves. Jessica’s tiny
little body had undergone decomposition and according to the publicly released
autopsy reports had begun skeletonizing on two fingers that Lunsford had poked
through the bags before suffocating to death. The coroner ruled that death
would have happened even in best circumstances within two to three minutes from
lack of oxygen.
John Couey’s Attorney claims that Couey
was not sane. Lewan thought it would be the best and most reasonable defense
for Couey.
Jessica Lunsford had happiness no longer.
Her life had been ripped from her, without any thought, without any recourse.
Describe the sentence handed down in this
case.
Miami-Dade
County Circuit Judge Richard Howard decided whether to accept the jurors'
sentence recommendation whereas John Evander Couey was found guilty of murder,
kidnapping, sexual assault and burglary in the abduction and death of
nine-year-old Jessica Lunsford. Jurors recommended a death sentence. His charges were as follows: first degree murder, kidnapping, and capital
sexual battery. On March 14, 2007, the jury unanimously recommended the death
penalty. The case was appealed to the Florida Supreme Court. Couey continued to
maintain that he was innocent until his death in September 2009.
Discuss whether the victim expressed any
comment or participated in the sentencing process if that information is
available. If the information is not available, speculate on what role the
victim might have played in the sentencing process.
Couey, 48
at the time, born September 19, 1958 stood beside his lawyer and showed no
emotion as the verdict was read. During the trial, he had been seen coloring in
coloring books.
Summarize the information that would have
been included in the PSI report.
Firstly, what does PSI mean? “A
presentence investigation (PSI) is prepared for
persons convicted of serious crimes. In misdemeanor
and gross misdemeanor
offenses, the court
may order a PSI,
whereas in felony cases a PSI is mandatory.
State and federal
statutes (18 U.S.C.A.
§ 3553(b) [1984]) set PSI requirements
and are supplemented
by federal and state
rules of Criminal Procedure.” Cited: www.theFreeDictionary.com
Secondly, John Couey’s PSI report: Defense
experts testified that Couey is mentally impaired, suffers from longstanding
mental illness and was a chronic drug and alcohol abuser. He was also abused by
the boyfriend of his mother, who was sixteen at the time he was born, they
said. Defense lawyers used these "mitigating" factors to save Couey
from the death penalty and instead, life in prison without the possibility of
parole.
In a taped
phone conversation Couey blamed the drugs and alcohol and admitted he would get
the death penalty, while talking to a woman ‘thought’ to be his Aunt. He
admitted he was stupid. http://www.cnn.com/2009/CRIME/09/30/florida.couey.dead/
Discuss what comes next. If the defendant
wishes to appeal the case, which court would get the appeal? What would the
defendant have to show for the appeal to be granted?
The appeal
was the first of many that will be filed in the case. Another filing listed
items that needed to be reviewed by the 5th District Court of Appeal, and then
to the Florida Supreme Court, the United States of America.
Assistant
Public Defender Daniel Lewan raised several concerns, the same concerns he
raised throughout the case and at trial. Some of the concerns included jury
issues and the place where the trial was held. Lewan felt the trial should not
have been tried in Miami-Dade, that it should have been tried in Citrus county
meaning he was claiming venue. After all, the crime was committed in Citrus
county, Lewan seen no reason for the trial to be moved.
The defense
also objected to evidence and witnesses presented by prosecutors. Couey's
filing said that corrections officers, who testified Couey confessed to the
crime, should not have been allowed to testify. The officers came forward after
Circuit Judge Richard Howard ruled Couey's confession to detectives was inadmissible
at trial.
John Couey
continued to maintain that he was innocent until his death in September 2009.
Even though Couey confessed, while asking for Attorneys, he still insisted up
until his death, that he was in fact innocent.
Describe whether justice was served
in this case. Discuss alternative arguments for the prosecutor or defense
attorney. Based on sentencing guidelines for your case, is the sentence fair?
Discuss alternative sentencing options a judge may impose. Explain your
reasoning.
John
Couey died of anal cancer on September 30, 2009 in a hospital in Jacksonville,
Florida. He did not get to be fulfill his sentences and be put to death by his
peers as promised.
Was the sentence fair? Yes, although I do
not ‘criminal justice’ wise agree with the way the Police wrongfully neglected
to allow an Attorney to be represented to John Couey. This in turn allowed for
our case to be misrepresented, and the confession to be inadmissible. When
cases become high trial, people make mistakes. Look at any high-profile case
and look at the mistakes made, and still being made. Look at the Casey Anthony
and JonBonet Ramsey cases, these are high profile, and still people are
wondering about them to this day.
Alternative sentencing options: Life without
parole. If a judge feels that the criminal may not be a danger to others in the
prison system, he may be offered life without parole.
Because of John Couey, Jessica’s Law was
created. Jessica's
Law is the informal name given to a 2005 Florida law, as
well as laws in several other states, designed to protect potential victims and
reduce a sexual offender's ability to re-offend. A version of Jessica's Law,
known as the Jessica Lunsford Act, was introduced at the federal level
in 2005 but was never enacted into law by Congress.
The name is also used by the media to
designate all legislation and potential legislation in other states modeled
after the Florida law. Forty-two states have introduced such legislation since
Florida's law was passed.
Public outrage over this case spurred
Florida officials to introduce this legislation. Among the key provisions of
the law was classifying lewd or lascivious molestation on a person under the
age of 12 as a life felony, and a mandatory minimum sentence of 25 years in
prison and lifetime electronic monitoring of adults convicted of lewd or
lascivious molestation against a victim less than 12 years old.
The statute also requires that if an
offender is sentenced to a term of years, he or she must be given lifetime
probation following the imprisonment. In Florida, another charge, capital
sexual battery is defined as: A person 18 years of age or older who commits
sexual battery upon, or in an attempt to commit sexual battery injures the
sexual organs of, a person less than 12 years of age commits a capital felony.
The charge carries a mandatory life sentence.
To date, this crime still haunts
many of people, making them wonder and worry about their own children, and
neighbors. What has this World come to?
 |
| R.I.P. Jessica Lunsford |
Resources:
http://www.foxnews.com/story/2007/08/24/judge-sentences-john-couey-to-death-for-murdering-jessica-lunsford.html August 24, 2007
https://en.wikipedia.org/wiki/Jessica%27s_Law Jessica’s Law (I know were not to use
Wikipedia but this is on point describing the law)
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