Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
D.C.
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Mass.
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
N.Carolina
N.Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
S.Carolina
S.Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
W.Virginia
Wisconsin
Wyoming
Law Firm Website Design Companies : The Good, The Bad, and The Ugly

Judge Says Couey Eligible For Death Penalty

  Court Watch  -   POSTED: 2007/08/09 09:00

Circuit Judge Richard Howard ruled Tuesday that John Couey is not mentally retarded. That means Couey, 48, is eligible for the death penalty. Defense attorneys argued Couey cannot face execution because he is retarded. Howard sifted through a great deal of evidence and testimony on the issue of Couey's mental status and ultimately relied on what he called the most credible intelligence test: one administered by prosecution expert Gregory Pritchard, a clinical psychologist.

Couey scored 78. The legal cutoff point is 70.

"The judge's ruling is consistent with the position that I took. He [Couey] is not retarded, and he's not retarded beyond a reasonable doubt," Chief Assistant State Attorney Ric Ridgway said Tuesday night. The prosecutor had read the judge's ruling earlier in the evening.

Couey was convicted in March of burglary, kidnapping, sexual battery and murder in the 2005 death of Jessica, a 9-year-old third-grader from Homosassa. The same Miami jury recommended, in a 10-2 vote, that the convicted sex offender be sentenced to death.

The judge's ruling means a possible death sentence is looming. Howard is not obliged to follow the jury's recommendation, but is required to give it "great weight."

Ridgway declined to predict the sentence. A hearing is scheduled for Aug. 24.

"It would not be appropriate to say this foreshadows what the judge's ruling will be," Ridgway said.

To have proven Couey was retarded, defense attorneys had to show that his IQ was less than 70, that he lacks adaptive functioning and that the retardation existed before he was 18. A 2002 Supreme Court ruling forbids the execution of the mentally retarded.

Members of the Lunsford family could not be reached Tuesday for comment.

Legal News | Breaking News | Terms & Conditions | Privacy

ⓒ Breaking Legal News. All Rights Reserved.

The content contained on the web site has been prepared by BLN as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. Affordable law firm web design company
   More Legal News
   Legal Spotlight
   Exclusive Commentaries
   Attorney & Blog - Blog Watch
   Law Firm News  1  2  3  4  5  6 
   Lawyer & Law Firm Links
Car Accident Lawyers
Sunnyvale, CA Personal Injury Attorney
www.esrajunglaw.com
Family Law in East Greenwich, RI
Divorce Lawyer, Erica S. Janton
www.jantonfamilylaw.com
Oregon DUI Law Attorney
Eugene DUI Lawyer. Criminal Defense Law
www.mjmlawoffice.com
New York, New Jersey Adoption Lawyers
New York Foster Care Lawyers
Adoption Pre-Certification
www.lawrsm.com
Chicago, Naperville IL Workers' Compensation Lawyers
Chicago Workplace Injury Attorneys
www.krol-law.com
Raleigh, NC Business Lawyer
www.rothlawgroup.com
Lorain Elyria Divorce Lawyer
www.loraindivorceattorney.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
Los Angeles Immigration Documents Service
New Vision Immigration
www.immigrationnew.com
Employer Defense Attorney
Gardena Labor Law Defense Lawyers
www.aclawfirm.net
   More Legal News  1  2  3  4  5  6
   Legal News Links
  Click The Law
  Daily Bar News
  The Legal Report
  Legal News Post
  Crisis Legal News
  Legal News Journal
  Korean Web Agency
  Law Firm Directory