Sunday, July 09, 2006

I wouldn't want to be on this jury

In February 2005, nine-year-old Jessica Lunsford was abducted from her home and raped. After being tied up and put in a closet, she was wrapped in plastic bags and duct tape--her hands bound in front of her--and buried alive. She died sitting in the bottom of a four-foot deep grave, holding a stuffed pink dolphin and trying to scratch her way out of the plastic bag. Police found her body on March 19.

John Couey, her accused rapist and murderer, was apprehended several days later in Augusta, Georgia. During interrogation, Couey graphically described to FBI agent Terry Wetmore what he'd done to her. He said where to find her body, as well as exactly what police would find. However, in other interrogation the day before, he told two Citrus County (Florida) detectives eight times that he wanted to talk to a lawyer. His requests were ignored.

As a result, Florida Circuit Judge Richard A. Howard ruled that the taped confession Couey gave Wetmore was inadmissable. Because the confession was eliminated, prosecutors can't even tell jurors that Couey directed them to the body. Judge Howard also ruled that prosecutors can't mention a previous burglary in which Couey went into the room of a 12-year-old girl and put his hand over her mouth.

The jury in this case is being imported because the publicity made it impossible to give Couey a fair trial. Jurors will come from nearby Lake County.

What if the prosecution doesn't prove Couey's guilt beyond a reasonable doubt? According to the law of the land, the jury cannot convict. Police misconduct has already turned what ought to be a slam-dunk conviction into a more difficult case to prove.

If the prosecution doesn't prove the case, would you be comfortable finding this guy not guilty, even if you thought he did it? Would you be comfortable being identified as one of the people who let little Jessie's killer walk? If Couey's found not guilty, I've got five bucks that says public outrage won't be directed at the two detectives whose conduct got the confession thrown out of court. It will be directed at the jury who let him walk.

What would you do?

There's not enough money in the world to put me on that jury.

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