Post by honeybee on Aug 8, 2007 15:35:35 GMT -4
Judge: Jessica Lunsford's killer fit to die
Story Highlights
John Evander Couey was found guilty of kidnapping, raping 9-year-old neighbor
Defense said he suffered lifelong mental abuse, possessed below-normal IQ
Judge: Best exam says Couey's IQ above level generally considered retarded
Jury had voted to recommend Couey be executed; sentencing to be Friday
INVERNESS, Florida (AP) -- A convicted sex offender found guilty of kidnapping, raping and burying alive a 9-year-old neighbor is not mentally retarded and is eligible for the death penalty, a judge ruled Tuesday.
Defense attorneys for John Evander Couey, 48, argued that he suffered lifelong mental abuse and possessed a below-normal IQ.
A 2002 U.S. Supreme Court ruling prohibits the execution of mentally retarded people.
A jury had voted 10-2 to recommend that Couey be executed. Florida law puts the final sentencing decision in the hands of a judge, who must give great weight to a jury recommendation. Watch the girl's father praise the decision ยป
Circuit Judge Ric Howard in Citrus County ruled that the most credible intelligence exam rated Couey's IQ at 78, slightly above the 70 level generally considered retarded, the St. Petersburg Times reported.
Couey was convicted of entering the home of Jessica Lunsford in February 2005, taking the girl and killing her. Her body was later found in a grave in Couey's yard, about 150 yards from her own home. He was arrested in Georgia.
"A person who is mentally retarded simply could not have planned such a sophisticated crime, and escape," Howard wrote.
A telephone message could not be left for Couey's public defender, Daniel Lewan, by The Associated Press after hours Tuesday.
Sentencing has been scheduled for Friday
Story Highlights
John Evander Couey was found guilty of kidnapping, raping 9-year-old neighbor
Defense said he suffered lifelong mental abuse, possessed below-normal IQ
Judge: Best exam says Couey's IQ above level generally considered retarded
Jury had voted to recommend Couey be executed; sentencing to be Friday
INVERNESS, Florida (AP) -- A convicted sex offender found guilty of kidnapping, raping and burying alive a 9-year-old neighbor is not mentally retarded and is eligible for the death penalty, a judge ruled Tuesday.
Defense attorneys for John Evander Couey, 48, argued that he suffered lifelong mental abuse and possessed a below-normal IQ.
A 2002 U.S. Supreme Court ruling prohibits the execution of mentally retarded people.
A jury had voted 10-2 to recommend that Couey be executed. Florida law puts the final sentencing decision in the hands of a judge, who must give great weight to a jury recommendation. Watch the girl's father praise the decision ยป
Circuit Judge Ric Howard in Citrus County ruled that the most credible intelligence exam rated Couey's IQ at 78, slightly above the 70 level generally considered retarded, the St. Petersburg Times reported.
Couey was convicted of entering the home of Jessica Lunsford in February 2005, taking the girl and killing her. Her body was later found in a grave in Couey's yard, about 150 yards from her own home. He was arrested in Georgia.
"A person who is mentally retarded simply could not have planned such a sophisticated crime, and escape," Howard wrote.
A telephone message could not be left for Couey's public defender, Daniel Lewan, by The Associated Press after hours Tuesday.
Sentencing has been scheduled for Friday
