Posted on 06/30/2006 6:47:31 AM PDT by lunarbicep
The confession of a man charged with kidnapping, raping and killing 9-year-old Jessica Lunsford isn't admissible in court, but the discovery of her body can be used as evidence, a judge ruled today.
John Evander Couey, a 47-year-old convicted sex offender, gave the confession to detectives, but also told them that he wanted to consult a lawyer. He wasn't given the opportunity to do so.
Jessica Marie Lunsford was found kneeling and clutching a stuffed animal, hands tied with speaker wire and fingers poking through the garbage bags in which she was buried alive in March 2005. Two days earlier, Couey told detectives he kidnapped, raped and killed the 9-year-old girl.
I think that with the discovery of the body, and the "willing" testimony of the people in the trailer, this guy is still going to fry.
I get all my legal training off the TV, so take my opinion for what it is worth...
If the police thought the girl was still alive, pehaps finding the girl quickly was their first priority. If this is the case, one can understand how their decision to continue to question the murderer even after he requested a lawyer came about.
The prosecution caught a break because the court is going to allow physical evidence form the girl's body to be used at the trial. I am certain the murderer's lawyer argued that this should be considered "fruit of the poisonous tree" and excluded as well. Hopefully the physical evidence will be enough to convict this man even without the confession.
"Cops made a real mess in this one."
Agreed, in the sense that the perp should suffered a painful and seriously fatal accident on the way to the police station.
Ya know, he might actually get to feel a little justice if he were released on the streets. Words to describe this piece of filth just escape me.
No flame from me Joe. While the detectives should be fired, the confession should be admitted.
The Miranda ruling was IMO seriously flawed from the get go. It is the legal version of 2 wrongs making a right and that right is in favor of the accused.
I believe if any search warrants were issued based upon the confession, then any evidence obtained could also be challenged.
Make the penalty for the government's agents stiff enough to discourage anyone from violating the accused's rights but don't stick the judicial head in the sand and make like evidence didn't exist.
I would not be surprised at all if this was the ultimate result of the Hamdan case. And I'm OK with that...
You are correct on all counts.....but, the miranda crap has to change, either by legislation, or by the supremes....we need 1 more justice on the high court.....
Which means the case has a potent appellate issue built into it from the beginning.
There is no shortage of appellate court judges willing to gut such a case on "fruit of the poisonous tree" grounds. This miscreant could someday be as free as OJ.
It was an absurd and capricious law, doing one thing while pretending not to. If you want to keep pedophiles in prison forever, fine. If you want to execute them, fine. But pretty much anywhere there are people, there is a school bus stop within a thousand feet, and further, the bus stops move from year to year.
I don't think the state will have any difficulty getting a conviction,but it irks me when LE pulls bonehead stunts like this.Cooey's room mates were very likely accesories to the crime,and they simply walked,no charges,nothing.
Even if you can get past the horrible Miranda decision, this guy did have the right to remain silent, and was told this. He apparently chose not to remain silent.
Do we have to change the Miranda statement now? Should cops now tell the people you arrest, "You are under arrest. Feel free to say whatever you want or do whatever you want. It can't be used against you in a court of law."
SP correction-Couey
At the time I think the cops thought she might still be alive. Not sure of the timeline on this case.
I would have to go back too and catch up on the details. That sounds correct though.
Throw the confession out. Then throw Lundsford out...a ten story window. Then close the window and close the case.
If the liberal Clymers who let this scum out on the streets see that it leads to their execution, maybe they'll finally see the wisdom of locking them up forever.
I heard a former soldier in Iraq comfirm this yesterday. He said he would not subject his men to danger to capture these people only to have them go to a US court and freed.
After he is tried and convicted I am sure this will be the basis for appeal. The appelate courts are even more liberal than the trial courts.
Nope, not fine at all. Such measures would be tossed out by the federal courts before the ink on the legislation was dry. Georgia's law was really aimed at pushing sex offenders out of the state altogether by making it nearly impossible for them to live anywhere around kids. Why? This case is a good example of why.
But sex offenders are a protected class. Seriously, if this guy gets off, he could be the featured speaker at the next ACLU banquet.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.