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The Jessica Lunsford tragedy

Question now is will Couey get life or death

His mental state may sway jurors away from death penalty.

By ELENA LESLEY
Published March 8, 2007

MIAMI - To many people, John Couey's murder conviction was a given. The real question is whether he will live or die.

The defense says Couey isn't even eligible for capital punishment because he is mentally retarded. The judge ultimately will make that determination. But evidence concerning Couey's mental state may influence jurors when they consider their sentencing recommendation.

Testimony in the trial's sentencing phase, which begins Tuesday, will likely focus on Couey's mental capabilities.

The state doesn't buy the retardation argument. Jail guards say Couey read the newspaper daily, perused books from the law library and worked Sudoku puzzles.

Ever since retardation became an issue, however, Couey has spent his courtroom days doodling in coloring books.

Psychologist Robert Berland, a witness for the defense, has already testified that Couey's IQ score classifies him as mildly mentally retarded.

Relatives have always considered Couey "very slow," Berland said, and he was placed in special education courses as a child.

But trying to assess someone's mental functions - and hence their culpability - is an imprecise undertaking. IQ, neurology, environment and social functioning must all be considered.

Sentencing will be "based on the crime charged and the degree of the defendant's mental capacity," said Charlie Rose, a law professor at Gulfport's Stetson University College of Law. "It's very much an individual question."

Elena Lesley can be reached at elesley@sptimes.com or 352 564-3267.

[Last modified March 7, 2007, 23:14:46]