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Confession out, but evidence remains

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Published: June 30, 2006 at 8:01 PM

INVERNESS, Fla., June 30 (UPI) -- A judge in Florida threw out an accused killer's confession while ruling that the body of his 9-year-old alleged victim can remain in evidence.

Citrus County Circuit Judge Richard Howard found that John Couey had asked for a lawyer before admitting that he abducted, raped and killed Jessica Marie Lunsford. After the confession, Couey led investigators to the little girl's body, buried near the mobile home where his sister lived.

Howard agreed with prosecutors that the body would have been discovered without Couey's confession because by that time traces of blood had been found on the mattress he used in his sister's home.

Jury selection is set to begin July 10 in Couey's trial. He could face the death penalty if he is convicted.

Investigators acknowledged that Couey talked about a lawyer after they suggested a lie-detector test but said they were not sure if he was invoking his right to counsel. He took and failed a test without seeing a lawyer and then admitted the crime.

Topics: John Couey, Richard Howard
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