http://www2.tbo.com/content/2007/au...judge-rules-couey-not-retarded/?news-breaking
INVERNESS - The father of Jessica Marie "Jessie" Lunsford, the 9-year-old Homosassa girl raped and killed in 2005, said he believes she will get "justice" now that a judge has ruled the man convicted of her murder is not mentally retarded.
The ruling Tuesday clears the way for Judge Ric Howard to sentence John Evander Couey to death this month.
"He'll die for what he did," Mark Lunsford said.
In March, Couey was convicted of kidnapping Jessie from her Homosassa trailer, then raping and murdering her. A jury in Miami, where the case was heard because of intense media interest in Citrus County, recommended 10-2 that Couey die for his crimes.
At a hearing last month and during a trial this year, Couey's attorneys argued that the 48-year-old was mentally retarded.
Howard disagreed, writing, "A person who is mentally retarded simply could not have planned such a sophisticated crime and escape."
Couey's attorneys could not be reached for comment Tuesday evening, and prosecutors also declined to comment, saying they had not read Howard's ruling.
"They were pretty desperate to save his life," Lunsford said. "I don't know why. I guess it's their job."
The judge's ruling is the last major legal hurdle before Couey's sentencing, scheduled for Aug. 24.
"It was not a surprise," said Mark Gelman, an attorney who represents Lunsford.
INVERNESS - The father of Jessica Marie "Jessie" Lunsford, the 9-year-old Homosassa girl raped and killed in 2005, said he believes she will get "justice" now that a judge has ruled the man convicted of her murder is not mentally retarded.
The ruling Tuesday clears the way for Judge Ric Howard to sentence John Evander Couey to death this month.
"He'll die for what he did," Mark Lunsford said.
In March, Couey was convicted of kidnapping Jessie from her Homosassa trailer, then raping and murdering her. A jury in Miami, where the case was heard because of intense media interest in Citrus County, recommended 10-2 that Couey die for his crimes.
At a hearing last month and during a trial this year, Couey's attorneys argued that the 48-year-old was mentally retarded.
Howard disagreed, writing, "A person who is mentally retarded simply could not have planned such a sophisticated crime and escape."
Couey's attorneys could not be reached for comment Tuesday evening, and prosecutors also declined to comment, saying they had not read Howard's ruling.
"They were pretty desperate to save his life," Lunsford said. "I don't know why. I guess it's their job."
The judge's ruling is the last major legal hurdle before Couey's sentencing, scheduled for Aug. 24.
"It was not a surprise," said Mark Gelman, an attorney who represents Lunsford.