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Jury recommends death penalty for Couey

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John Couey
Couey reacts to the jurors' recommendation.

Jurors recommended the death penalty by a 10-2 vote for John Couey after about an hour of deliberations Wednesday afternoon at the Gerstein Justice Center in Miami.

A majority vote was all that was needed for that recommendation to be issued.

The only possible sentence recommendations for Couey were the death penalty or life in prison.

Judge Richard Howard must give great weight to the jurors' recommendation when formally sentencing Couey, but he doesn't have to go along with it. He must make his decision within 30 days. The remaining proceedings in the case will be in Citrus County.

The same jurors who recommended the sentence convicted Couey on March 7 of the abduction, rape and murder of 9-year-old Jessica Lunsford in Homosassa in 2005. He was also convicted of burglary of a dwelling.

The state rested its case during the sentencing phase of Couey's trial Wednesday morning. Their closing arguments began shortly after 3 p.m. and concluded shortly after 3:30 p.m. The defense finished its closing arguments shortly before 4 p.m.

Prosecutors tried painting a picture of a man who committed a crime so heinous, atrocious and cruel that he deserves to be put to death by lethal injection.

Assistant state attorney Ric Ridgway described how cruel the crimes Couey committed were, saying Lunsford struggled to breathe in the two trash bags she was put in prior to being buried alive. He gave the jurors three questions to ask themselves.

"If this is not the case that calls for the death penalty, what case does?" said Ridgway. "If this is not the person who deserves the death penalty, who does? And if you will not recommend it now, when will you?"

Mark Lunsford
The victim's father, Mark Lunsford, reacts to the sentence recommendation.

Couey's defense attorney, Allen Fanter, tried to explain to jurors why Couey's life is worth saving, saying Couey was born to a mother who didn't want him and a father who abused him. He said death shouldn't be used as revenge for a crime that can't be changed and for a man who couldn't help it.

"He didn't choose to be a pedophile," said Fanter. "He didn't choose to have a mental illness. He didn't choose to be abused. As his body aged, his mind didn't. It didn't keep up."

Couey's original trial was suspended last July in Lake County when an impartial jury couldn't be found. It was later decided to move the case to South Florida.

Coverage of the case is also available on Bay News 9 on Demand, channel 342 on Bright House Networks digital cable.


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