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Gaia- 02-12-2007
John Couey Murder Trial - Trial #2 - TBO.com Trial Blog
Back At It Posted Feb 12, 2007 by Anthony McCartney Updated Feb 12, 2007 at 11:50 AM 10: 45 a.m. Court is back in session. Hard Look At Couey 12:05 p.m. Another group of potential jurors are brought into the courtroom. They listen as a clerk reads the four count of indictment against John Evander Couey. Couey, 48, listens too. He closes his eyes briefly when the clerk reads Jessica Marie Lunsford’s name. He opens his eyes, and watches the clerk read. His ill-fitting suit juts out in a sharp angle from his chest. It takes several minutes to read the indictment, and Couey fidgets. He turns in his chair. He stares at his hands. The jury listens, watching the clerk as she continues to read. She gets to the sexual battery account. One man in the group, the one seated closest to Couey, listens to the legalese description of the rape. The man casts a hard, sidelong look at Couey. Couey doesn’t look at him. He continues looking at the clerk, fidgeting. http://www.tboblogs.com//index.php/news/story/C387/

Gaia- 02-12-2007

Making National News Posted Feb 12, 2007 by THE ASSOCIATED PRESS Updated Feb 12, 2007 at 10:14 AM MIAMI - Jury selection is scheduled to begin today in Miami for a man charged with kidnapping, raping and burying alive a 9-year-old Florida girl. John Couey’s trial has been moved from rural Citrus County, Florida to Miami because of intense media attention the March 2005 slaying of Jessica Lunsford received. Couey has pleaded not guilty to charges of first-degree murder, sexual battery on a child, kidnapping, and burglary. Authorities found Jessica’s body after Couey told them where to look near her Homosassa home in central Florida. She had been missing for about a month. Prosecutors are seeking the death penalty. http://www.tboblogs.com/index.php/news/story/making-national-news/

Gaia- 02-13-2007

**Since this reporters posting seem to be erratic and not in any semblance of order, I will post the last one on each day. The others can be read at the link provided** See You Tomorrow Posted Feb 13, 2007 by Anthony McCartney Updated Feb 13, 2007 at 06:08 PM 4:22 p.m. Judge Ric Howard has recessed court for the day. Proceedings ended with Howard denying a motion by an attorney for the Miami Herald to grant greater access to juror information, especially after the trial. It is unclear whether the court will release juror names after the trial has concluded, which is standard practice. Howard did make it clear he won’t allow any more information other than juror numbers to be released. He cited one potential juror from last year in Lake County who told the court he was threatened after someone recognized him from a television clip. The man was sweating and begged to be let off the panel. Within moments of that man, who was 19, coming forward, Howard reluctantly ended efforts to find a jury in Lake County. The trial then moved down to Miami. Howard made the ruling moments after deciding that John Couey’s mental capacity had nothing to do with him making incriminating statements to jailers. Those jailers, who testified this morning, will be allowed to testify at the trial. If you’ve been reading the blog today, you’ll know why that’s important. One jailer, John Read, may be the only person who’s able to testify that Jessica Marie Lunsford was buried alive by Couey. A medical examiner can’t say for sure, and Couey’s statements admitting that have been tossed out because he was denied an attorney when he asked for one. Tomorrow, jury selection continues. Court comes back in around 9 a.m., and we’ll back a little before then. For a recap of the day’s events, check out News Channel 8’s Samara Sodos’ reports at 5, 6 and 11 p.m. And for a look ahead at what tomorrow holds and what today’s rulings means for the Couey case, check out my Podcast, which will be available here and on iTunes later tonight. Have a good evening, and as always, if you’ve got questions, post a comment to the blog. http://www.tboblogs.com/index.php/news/story/see-you-tomorrow1/

Gaia- 02-16-2007

Almost Halfway There. See You Tomorrow. Posted Feb 15, 2007 by Anthony McCartney Updated Feb 15, 2007 at 06:42 PM 6:15 p.m. A long day at the courthouse has just concluded It’s ostensibly the end of the first week of the trial, with selection of new jurors all but over for the week. Tomorrow, the jurors who have already been questioned will be called back in to make sure they haven’t learned anything new about the case since they were in the witness box. There are 37 people in the pool. At the end of three days in Tavares, there were 58, and the process imploded, forcing the trial to be moved to Miami. So tomorrow is a bit of a make-or-break day. If a significant portion of the jury pool is found to be tainted, new tactics will have to be used. The court wants 75 people in the pool before moving onto the next round of questioning. To get that many people, jury selection is expected to take much of next week. Prosecutor Ric Ridgway noted before the close of court that the longer jury selection goes on, the longer it’s taking to interview people in the pool Monday, 52 people were interviewed, he said. Wednesday, with the court working overtime, 45 were questioned. Today: 36 people passed through the witness box. A third of them, 12, made it to the second round. Ridgway wants the court to go back to a vary narrow vein of questioning – asking people only what they know about the case. Howard disagreed. “We’re going to increase in quantity what we’re going to lose in quality,” he said. He’s also said the trial is a marathon, not a sprint. The court clearly has yet to hit its stride. Thanks for reading. Court will reconvene at 9 a.m. tomorrow, and I’ll be back to give updates. Check out my Podcast wrapping up today’s proceedings, and looking forward to what you can expect tomorrow. You can hear it here, or subscribe to it at iTunes. Not Like Boston Legal Posted Feb 15, 2007 by Anthony McCartney Updated Feb 15, 2007 at 06:07 PM 5:55 p.m. The woman is a last person to be interviewed today. She’s an attorney, and Judge Ric Howard wants to get to know her a little bit. When he finds out she’s a corporate attorney, Howard lights up. “You do that stuff like on Boston Legal,” he asks. “Uh, no,” the woman says. “Oh, like LA Law?” No, she replies. The exchange is funny because for three days, he’s made it a point to tell potential jurors that the Couey case won’t be like Perry Mason or other television legal shows. Something tells me he’s watched a few T.V. lawyers in his time. Comment on this post -------------------------------------------------------------------------------- Catch 22 Posted Feb 15, 2007 by Anthony McCartney Updated Feb 15, 2007 at 06:03 PM 5:45 p.m. The man walks into the courtroom carrying a copy of Catch 22. Joseph Heller’s novel is about bomber pilots who were stuck flying their missions, whether they were crazy or sane, because of an arcane code called Catch-22. If they feared for their safety and asked to be grounded, they were sane – and forced to keep flying. The man, Juror No. 952, has been on a jury before. It was a civil case, he tells the judge with a heavy accent. Under questioning, he starts out speaking machine gun fast. He works for a cruise line. He’s heard of Couey’s confession. That’s not going to be enough to get him tossed. Since Judge Ric Howard ruled on Tuesday that prosecutors could introduce incriminating statements Couey made to jail guards, several new jurors who have been added who would have been disqualified before. Before Tuesday, confession was the magic word to getting dismissed. Attorneys now have to probe whether a potential juror knows of statements Couey made to detectives – which are barred from being introduced at trial – or statements he made to jailers. Juror No. 952 cocks his head and estimates when he heard of the confession. He guesses Couey made it about three weeks ago. That would put it around the time new witnesses and evidence came out, not Couey’s initial statement to detectives. He’s not going to be booted from service yet. He has one more thing that might get him out. He’s in school, and his classes start at 5 p.m. Bingo. After running into the Couey case’s version of a Catch-22 – his confession and knowledge of it – the man has found a way out. He’s dismissed from the jury pool. Answer for Karen Posted Feb 15, 2007 by Anthony McCartney Updated Feb 15, 2007 at 05:23 PM 4:57 p.m. Karen of Tampa asked the following question yesterday, and I wanted to see how Couey’s reactions today varied from other days: How is John Couey reacting to hearing the indictment over and over again? Is he showing any reaction/emotion at all? Couey rarely shows any reaction in court. That’s also true when the four count indictment is read. Couey is charged with first degree murder, sexual battery, burglary and kidnapping. (Jessica’s name is redacted from the indictment because she was raped.) We’ve now had the indictment read before 10 groups of jurors – a total of 141 people. His reaction is generally the same. He usually watches the clerk as she reads the indictment. He often fidgets in his chair, twisting back and forth. He looks down at his lap. He rarely looks at the jurors until after the indictment is read, and then only for a few seconds. They usually don’t look at him, either, although I’ve noticed a few people cast sidelong glances at him – especially when the rape count is read. For the most part, Couey seems more attentive while the indictment is read than he does at some other times during the proceedings. For two days this week, he spent much of his time in court coloring. Today, the colored pencils and coloring book are still on the defense table. Couey’s picked them up, but he hasn’t been as engaged with his coloring as he was yesterday. Just a reminder—I’m always glad to answer questions. You can either post them as a comment, or e-mail me (as Karen did) and I’ll get an answer as soon as possible. Comment on this post -------------------------------------------------------------------------------- Lunsford Outraged By Couey Doodling Posted Feb 15, 2007 by Samara Sodos Updated Feb 15, 2007 at 04:38 PM 4:21 p.m. News Channel 8 Viewer Keenan Kelly was kind enough to send well wishes and asked these questions: Just out of curiosity, what is the general reaction of everyone watching him color in his book. From the point of view of seeing it on t.v., it clearly looks like a feeble attempt by his attorneys to paint him as a poor mentally disabled guy. No one in the viewing audience is buying it though. But whats your feel on how its being percieved in the courtroom. Is it as obvious there as well ? Also, is Jessica’s father there? There is some outrage about Couey drawing. Some people I’ve talked to in and around the courthouse say that it’s ridiculous and not a coincidence that on the day his lawyers tried to argue he is mentally retarded, he is suddenly playing with colored pencils. Some feel it is insulting to the whole process. I spoke with Mark Lunsford today by phone. He said Couey’s coloring is a “mockery of the system.” He is not here in Miami yet and isn’t expected to be here until the court is further along into jury selection. Comment on this post -------------------------------------------------------------------------------- Three More Posted Feb 15, 2007 by Anthony McCartney Updated Feb 15, 2007 at 03:45 PM 3:36 p.m. The afternoon round of questioning has netted the jury pool three more people. We’ve now got 33 people who have survived the first round of questioning. It’s looking like only about 30 jurors will be questioned today. The questioning today has been even more thorough, and has seen the judge and attorneys probing people’s knowledge of the legal system, as well as what they know about the case. There will no initial questioning of jurors tomorrow. There is a drug court graduation in Courtroom 4-1, and Judge Ric Howard has said he doesn’t want to disrupt that. It looks like attorneys will be looking for at least 40 people to fill out the jury pool next week. Comment on this post -------------------------------------------------------------------------------- No More Jessies Posted Feb 15, 2007 by Anthony McCartney Updated Feb 15, 2007 at 03:37 PM 3:22 p.m. Jessica Marie Lunsford wasn’t the first child to be abducted and killed. She won’t be the last. Tampa police are holding a program tonight that the department hopes will find missing children faster. The Tampa Police Department and Syniverse Technologies are sponsoring a program tonight that aims to bring Amber Alerts to all wireless subscribers who opt in. Tampa Police Capt. Cherie Adkins and a Syniverse Technologies manager will be on hand tonight at 6:30 p.m. to explain the program. You can click on the Syniverse link above to get more info. Or you attend tonight’s session at the Police Athletic League, located at 1924 West Diana Street in Tampa. The program starts at 6:30 p.m. In case you’re not familiar with an Amber Alert, it’s a system that puts out messages, mainly through the media, about missing children who are in danger. You can learn more about the program and its background here. The program is named after 9-year-old Amber Hagerman, who was kidnapped and murdered in Texas. http://www.tboblogs.com/index.php/news/C387/P4/

Gaia- 02-16-2007

Howard’s (Quick) End Posted Feb 16, 2007 by Anthony McCartney Updated Feb 16, 2007 at 10:45 AM 10:28 a.m. A drug court graduation is set to start at 11 a.m, and court for John Evander Couey was supposed to wrap up this morning by 10:30 a.m. Judge Ric Howard managed to clear the room two minutes early. He ran through 37 potential jurors in under an hour, questioning them just slightly faster than a professional auctioneer. The result is that four people were eliminated from the jury pool, all for hardship issues. One woman even brought a letter from her employer to get her out of jury service. The pool now stands at 33. It’s far better off than I was expecting. I worried that court this morning was going to look like it did in Tavares, where potential jurors dropped like flies and within an hour, the trial had to be postponed. There are still a few people in the pool who clearly don’t want to serve. And a couple who might be a little over zealous to get seated on the panel. The court is looking to get 75 people into the jury pool before it begins a second round of questioning on Feb. 26. Court in Miami is closed Monday for President’s Day, so they only have four days to reach the magic number. Even though court is done for the day, I’ll be posting for a bit longer. There were some questions I have yet to answer. I’ll also be posting a Podcast summing up the week and looking at what might happen next week. That’ll be available in a few hours. For now, court is in recess. I’ll be back in the courtroom Tuesday morning at about 8:30 a.m. If any news crops up over the weekend, I’ll be sure to get it up on TBO immediately. And check back over the next couple hours—I’ll be catching up on some unanswered questions. http://www.tboblogs.com/index.php/news/story/howards-quick-end/

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