Judge Halts Murder Trial Due to Problems With Jury Selection

A Florida judge stopped the trial of a convicted sex offender accused of murdering a nine-year-old girl because of the difficulty finding impartial jurors who had not been exposed to pervasive publicity on the case.

John Evander Couey who confessed to kidnapping, raping, and burying alive Jessica Lunsford, has gained widespread media attention that could impose on his right to a fair trial.

Circuit Judge Ric Howard wouldn’t allow the confession to be used in the trial because investigators questioning Couey ignored his pleas to contact an attorney therefore, infringing on his constitutional rights.

Prosecution and defense attorney spent several days last week weeding out possible jurors who were familiar with the medical coverage on the case. Howard transferred jury selection to another county because of the mass publicity in Citrus County where the alleged murder occurred.

However, Howard concluded that the case has to be moved completely outside of the jurisdiction that includes central Florida counties to ensure a fair trial.

“The system is set up and designed to make sure a fair trial is accomplished, and in this particular case that was going to be in question,” said State Attorney Brad King.

During jury selection, potential jurors who referred to Couey’s confession were immediately excused. Further difficulties arose last Thursday when 11 people who passed the screening for pretrial publicity admitted that they saw or heard news reports about the murder case since the jury selection process began.

The attorneys plan to question the 46 remaining possible jurors about their position on the death penalty and similar topics. Howard wants to sequester the jurors immediately after they are chosen, which has caused concern for many potential jurors.

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