INVERNESS, Fla. (AP) -- The man convicted of abducting, raping and killing 9-year-old Jessica Lunsford two years ago doesn't deserve a new trial, a judge ruled Friday.

John Evander Couey's attorneys had argued he didn't get a fair trial earlier this month in Miami because the judge made errors, prosecutors acted improperly and pretrial publicity tainted the jury.

State Circuit Judge Richard Howard shot down those arguments in a brief hearing Friday morning.

The jury that convicted the 48-year-old Couey of taking Jessica from her bed, raping her and burying her alive in his yard recommended that he get the death penalty.

The final decision on Couey's fate will be made later by Howard, who is not bound by the jury's recommendation but is required to give it "great weight."

Before sentencing Couey, Howard is expected to hold a hearing to determine if he is mentally retarded as his lawyers have claimed. Florida law prohibits execution of mentally retarded inmates.

That claim was brushed aside by the jury, which recommended by a 10-2 vote that he be executed.

© 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Learn more about our Privacy Policy.