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Sentencing phase underway in Couey trial
The same jury that convicted John Couey of the kidnapping, rape and murder of 9-year-old Jessica Lunsford must decide what punishment he deserves.
The sentencing phase of the trial has started in the Miami courtroom where Couey was found guilty last week.
Jessica's father, Mark Lunsford, has pushed for the death penalty since before the trail began and his stance has not changed.
"If you want to be excited about it, that's okay.That's good,'' Lunsford said after the verdict. "If it gives you closure then that's good, but not yet ... not for us."
The defense team's job is to convince the jury to give Couey a life sentence. Couey could even ask for mercy and express remorse for his crimes - an unlikely scenario, however, because the admission of guilt could hurt any chances of an appeal.
"He just isn't very smart,'' said Dr. Robert Berland, a psychiatrist who took the stand for the defense. "So he isn't very good at reasoning through situations and inhibiting behaviors that he might have otherwise guarded against."
The prosecution will counter the retardation claim with witnesses who said Couey enjoyed reading at the law library while in jail and doing complicated Sodoku puzzles.
Couey spent most of his courtroom time during the trial drawing with colored pencils as the retardation issue became more prominent. Now, the jury must take those actions into consideration for the sentencing.
Unlike a guilty verdict, a death recommendation doesn't have to be unanimous. Only seven of the 12 jurors have to recommend death.
Also, the law requires the judge to give the jurors' recommendation "great weight."
But the ultimate decision belongs to Judge Richard Howard. If the jury does recommend life, it isn't likely a death sentence by Howard would stand up to an appeal.
Bay News 9 and baynews9.com will continue to provide complete coverage during the sentencing phase of the trial. Coverage of the trial is also available on Bay News 9 on Demand, channel 342 on Bright House Networks digital cable.
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