they have enough physical evidence. he's not getting away with anything.
http://www.sptimes.com/2006/06/30/Ci...confessi.shtml
Judge: Couey confession out, evidence in
By JIM ROSS, Times Staff Writer
Published June 30, 2006
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A Citrus County judge ruled this morning that John Coueyhahaha8217;s confession will not be allowed as evidence in Coueyhahaha8217;s upcoming trial. However, the evidence that investigators collected after his confession -- most notably the recovery of Jessica Lunsford's body -- will be allowed as evidence. Moreover, the judge said that incriminating statements Couey made to investigators and, on another occasion, to a jail guard will be allowed as evidence.
Couey, 47, is accused of kidnapping, sexually assaulting and killing 9-year-old Jessica of Homosassa last year. The trial is scheduled to begin July 10.
The defense noted that Couey asked for but was not provided a lawyer multiple times during an interview with investigators in Georgia in March 2005. As a result, they argue, his confession was unlawfully obtained and should be excluded as evidence. Likewise, all evidence obtained after Coueyhahaha8217;s statements is similarly tainted and ought not be used against Couey, the Public Defenderhahaha8217;s Office argued.
But prosecutors said Coueyhahaha8217;s requests, made during discussion of a possible polygraph examination, were ambiguous. They also noted that Couey had been advised of his rights numerous times before and after his request for a lawyer, and that he waived those rights at every turn.
The state further argued that evidence collected after Couey made his incriminating statements hahaha8212; namely, the discovery of Jessicahahaha8217;s body, which was buried outside the mobile home where Couey had been living hahaha8212; would have been inevitably discovered anyway, since investigators were learning at that point that the victimhahaha8217;s blood was found on a mattress inside Coueyhahaha8217;s room.
The judge agreed with the defense concerning the statements in Georgia but agreed with prosecutors concerning the inevitable discovery of