John Couey - Criminal Proceedings

Criminal Proceedings

The trial was moved to Miami after officials were unable to seat an impartial jury in Citrus County where the trial was first scheduled to be held.

On March 7, 2007, Couey was found guilty of all charges in relation to Lunsford's death, including first degree murder, kidnapping, burglary with assault or battery upon any person, and capital sexual battery. The jury deliberated for four hours, tasked with recommending either life in prison without the possibility of parole or the death penalty, the only two possible sentences available under Florida law.

A week later, after about one hour and 15 minutes of deliberation, a jury recommended Couey be put to death.

On August 11, 2007, a jury overseeing the Lunsford case voted 10-2 that Couey be eligible for the death sentence. Defense for Couey argued that he had suffered from a lifetime of emotional abuse and had a below normal IQ, which would enable him to avoid a death sentence under a 2002 Supreme Court ruling prohibiting the execution of mentally handicapped people. However, the most credible intelligence test rated Couey's IQ at 78, above the standard accepted level of mental retardation, which is 70.