John Couey
Encyclopedia
John Evander Couey was an American
sex offender
convicted of kidnapping
, raping
, and murdering nine-year old Jessica Lunsford
in February 2005, in Florida
. Lunsford's disappearance and Couey's subsequent confession and trial received extensive media coverage. Due to Couey's actions, Jessica's Law
was enacted in Florida, and Congress created the Jessica Lunsford Act. A jury recommended that Couey receive the death penalty, and on August 24, 2007, he was sentenced to death
. Couey died on September 30, 2009, of anal cancer
before his sentence could be carried out.
, carrying a concealed weapon without a permit, and indecent exposure
. During a house burglary in 1978, Couey was accused of grabbing a girl in her bedroom, placing his hand over her mouth, and kissing her. Couey was sentenced to 10 years in prison but was parole
d in 1980. In 1991, he was arrested in Kissimmee
on a charge of fondling a five-year-old child. Because of more lenient laws at that time, Couey was released early.
In a videotape
d and recorded deposition
which later was thrown out by his Florida trial court (see below), he admitted to sexually assaulting
Lunsford in his bedroom. The admission stated that she was kept in his bed that evening, where he raped her again in the morning. It further stated that Couey put her in his closet and ordered her to remain there, which she did as he reported for work at "Billy's Truck Lot". Lastly, the admission recounted that three days after he abducted her, Couey bound the child's wrists together with speaker wire, placed her in a garbage bag, placed the bag containing her inside another garbage bag and buried her alive in a shallow grave, where she suffocated to death. Because Couey had asked for an attorney before being interrogated but was not given one, his trial court threw out this statement as being obtained in violation of Couey's Sixth Amendment
right to counsel and right to due process
under the Fifth
and Fourteenth Amendment
.
On March 18, 2005, police found Lunsford's body at Couey's residence located on West Sparrow Court, under the front porch and buried in a hole approximately 2½ ft deep by 2 ft in diameter (0.8 m deep by 0.6 m dia.), covered with leaves. The body was removed from the ground and transported to the coroner
's office. Her body had undergone "moderate" to "severe" decomposition and, according to the publicly released autopsy
reports, was skeletonized 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 three or five minutes from lack of oxygen
.
On March 7, 2007, Couey was found guilty of all charges in relation to Lunsford's death, including first degree murder, kidnapping, burglary, and sexual battery. The jury deliberated for four hours, tasked with recommending either life in prison without the possibility of parole
or the death penalty, the only two possible sentences available under Florida law.
A week later, after about one hour and 15 minutes of deliberation, a jury recommended Couey be put to death.
On August 11, 2007, a jury overseeing the Lunsford case voted 10-2 that Couey be eligible for the death sentence. Defense for Couey argued that he had suffered from a lifetime of emotional abuse and had a below normal IQ, which would enable him to avoid a death sentence under a 2002 Supreme Court
ruling prohibiting the execution of mentally handicapped people. However, the most credible intelligence test rated Couey's IQ at 78, above the standard accepted level of mental retardation
, which is 70.
ed. His Florida Department of Corrections
number was 063425.
, Couey died at Jacksonville Memorial Hospital after complications from anal cancer
, before the sentence of the court could be carried out.
Americans
The people of the United States, also known as simply Americans or American people, are the inhabitants or citizens of the United States. The United States is a multi-ethnic nation, home to people of different ethnic and national backgrounds...
sex offender
Sex offender
A sex offender is a person who has committed a sex crime. What constitutes a sex crime differs by culture and by legal jurisdiction. Most jurisdictions compile their laws into sections such as traffic, assault, sexual, etc. The majority of convicted sex offenders have convictions for crimes of a...
convicted of kidnapping
Kidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
, raping
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
, and murdering nine-year old Jessica Lunsford
Jessica Lunsford
Jessica Marie Lunsford was a nine-year-old girl who was abducted from her home in Homosassa, Florida in the early morning of February 24, 2005. Believed held captive over the weekend, she was raped and later murdered by 47-year-old John Couey who lived nearby. The media covered the investigation...
in February 2005, in Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
. Lunsford's disappearance and Couey's subsequent confession and trial received extensive media coverage. Due to Couey's actions, Jessica's Law
Jessica's Law
Jessica's Law is the informal name given to a 2005 Florida law, as well as laws in several other states, designed to punish sex offenders and reduce their ability to re-offend...
was enacted in Florida, and Congress created the Jessica Lunsford Act. A jury recommended that Couey receive the death penalty, and on August 24, 2007, he was sentenced to death
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
. Couey died on September 30, 2009, of anal cancer
Anal cancer
Anal cancer is a type of cancer which arises from the anus, the distal orifice of the gastrointestinal tract. It is a distinct entity from the more common colorectal cancer. The etiology, risk factors, clinical progression, staging, and treatment are all different. Anal cancer is typically a...
before his sentence could be carried out.
Past charges and convictions
Couey had an extensive criminal record that included 24 arrests for burglaryBurglary
Burglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...
, carrying a concealed weapon without a permit, and indecent exposure
Indecent exposure
Indecent exposure is the deliberate exposure in public or in view of the general public by a person of a portion or portions of his or her body, in circumstances where the exposure is contrary to local moral or other standards of appropriate behavior. Indecent exposure laws vary in different...
. During a house burglary in 1978, Couey was accused of grabbing a girl in her bedroom, placing his hand over her mouth, and kissing her. Couey was sentenced to 10 years in prison but was parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
d in 1980. In 1991, he was arrested in Kissimmee
Kissimmee
Kissimmee is the name of several things in the U.S. state of Florida:*Kissimmee, Florida *Kissimmee City Street Railway*Kissimmee Kreatures *Kissimmee Utility Authority...
on a charge of fondling a five-year-old child. Because of more lenient laws at that time, Couey was released early.
Abduction, rape, and murder of Lunsford
On February 24, 2005, the family of Jessica Lunsford discovered that she was missing from the home she shared with her father and grandparents. Couey later was accused of entering her house through an unlocked door at about 3 a.m. He awoke her, told her "Don't yell or nothing" and told her to follow him out of the house.In a videotape
Videotape
A videotape is a recording of images and sounds on to magnetic tape as opposed to film stock or random access digital media. Videotapes are also used for storing scientific or medical data, such as the data produced by an electrocardiogram...
d and recorded deposition
Deposition (law)
In the law of the United States, a deposition is the out-of-court oral testimony of a witness that is reduced to writing for later use in court or for discovery purposes. It is commonly used in litigation in the United States and Canada and is almost always conducted outside of court by the...
which later was thrown out by his Florida trial court (see below), he admitted to sexually assaulting
Sexual assault
Sexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....
Lunsford in his bedroom. The admission stated that she was kept in his bed that evening, where he raped her again in the morning. It further stated that Couey put her in his closet and ordered her to remain there, which she did as he reported for work at "Billy's Truck Lot". Lastly, the admission recounted that three days after he abducted her, Couey bound the child's wrists together with speaker wire, placed her in a garbage bag, placed the bag containing her inside another garbage bag and buried her alive in a shallow grave, where she suffocated to death. Because Couey had asked for an attorney before being interrogated but was not given one, his trial court threw out this statement as being obtained in violation of Couey's Sixth Amendment
Sixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...
right to counsel and right to due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
under the Fifth
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
and Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
.
On March 18, 2005, police found Lunsford's body at Couey's residence located on West Sparrow Court, under the front porch and buried in a hole approximately 2½ ft deep by 2 ft in diameter (0.8 m deep by 0.6 m dia.), covered with leaves. The body was removed from the ground and transported to the coroner
Coroner
A coroner is a government official who* Investigates human deaths* Determines cause of death* Issues death certificates* Maintains death records* Responds to deaths in mass disasters* Identifies unknown dead* Other functions depending on local laws...
's office. Her body had undergone "moderate" to "severe" decomposition and, according to the publicly released autopsy
Autopsy
An autopsy—also known as a post-mortem examination, necropsy , autopsia cadaverum, or obduction—is a highly specialized surgical procedure that consists of a thorough examination of a corpse to determine the cause and manner of death and to evaluate any disease or injury that may be present...
reports, was skeletonized 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 three or five minutes from lack of oxygen
Oxygen
Oxygen is the element with atomic number 8 and represented by the symbol O. Its name derives from the Greek roots ὀξύς and -γενής , because at the time of naming, it was mistakenly thought that all acids required oxygen in their composition...
.
Criminal proceedings
The trial was moved to Miami after officials were unable to seat an impartial jury in Citrus County where the trial was first scheduled to be held.On March 7, 2007, Couey was found guilty of all charges in relation to Lunsford's death, including first degree murder, kidnapping, burglary, and sexual battery. The jury deliberated for four hours, tasked with recommending either life in prison without the possibility of parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
or the death penalty, the only two possible sentences available under Florida law.
A week later, after about one hour and 15 minutes of deliberation, a jury recommended Couey be put to death.
On August 11, 2007, a jury overseeing the Lunsford case voted 10-2 that Couey be eligible for the death sentence. Defense for Couey argued that he had suffered from a lifetime of emotional abuse and had a below normal IQ, which would enable him to avoid a death sentence under a 2002 Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
ruling prohibiting the execution of mentally handicapped people. However, the most credible intelligence test rated Couey's IQ at 78, above the standard accepted level of mental retardation
Mental retardation
Mental retardation is a generalized disorder appearing before adulthood, characterized by significantly impaired cognitive functioning and deficits in two or more adaptive behaviors...
, which is 70.
Sentence
On August 24, 2007, Couey was sentenced by Circuit Judge Richard Howard to death, as well as three consecutive life terms for his crimes. In accordance with Florida State Law, the death sentence was automatically appealAppeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
ed. His Florida Department of Corrections
Florida Department of Corrections
The Florida Department of Corrections, established in 1821, operates state prisons in Florida. It has its headquarters in Tallahassee.The Florida Department of Corrections operates the third largest state prison system in the United States...
number was 063425.
Death
On September 30, 2009 at 11:15 a.m. ESTEastern Time Zone
The Eastern Time Zone of the United States and Canada is a time zone that falls mostly along the east coast of North America. Its UTC time offset is −5 hrs during standard time and −4 hrs during daylight saving time...
, Couey died at Jacksonville Memorial Hospital after complications from anal cancer
Anal cancer
Anal cancer is a type of cancer which arises from the anus, the distal orifice of the gastrointestinal tract. It is a distinct entity from the more common colorectal cancer. The etiology, risk factors, clinical progression, staging, and treatment are all different. Anal cancer is typically a...
, before the sentence of the court could be carried out.
External links
- Court TV portal site with information detailing the trial of John Couey.
- CNN article "Search under way for girl's body"
- Tampa Tribune portal site with information concerning the Couey Trial including the history, trial, timeline, photo gallery from TBO.com
- CNN article "Child Killer Sentenced to Death"