No new judge in Couey case

Tuesday, July 11, 2006

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Couey is charged with the February abduction, sexual assault and murder of Jessica Lunsford of Homosassa.

John Couey, accused of kidnapping, raping and murdering 9-year-old Jessica Lunsford, will not get a new judge in his case.

Monday's hearing in Circuit Judge Ric Howard's courtroom involved a defense request for Howard to step down from Couey's case. That request was found legally insufficient.

Couey's lawyers said they're concerned Couey won't get a fair trial. They said proof that Howard showed prejudice came when he scheduled a February 6 trial date despite a request by Couey's defense for more time to prepare.

Couey's lawyers said they need more time to build a case with a witness list of more than 370 and to sift through evidence the state hasn't yet handed over.

Couey is charged with the abduction, sexual assault and murder of Lunsford. Couey has pleaded not guilty to the multiple charges. The state is seeking the death penalty.

This isn't the only case where attorneys have asked Howard to step down.

The attorneys representing John and Linda Dollar made the same request. Attorneys for the couple are concerned Howard is biased. But Howard dismissed their motion, saying they filed the appeal too late.

The Dollars are accused of torturing five of their adopted children.