Jessica Lunsford
Encyclopedia
Jessica Marie Lunsford was a nine-year-old girl who was abducted
Child abduction
Child abduction or Child theft is the unauthorized removal of a minor from the custody of the child's natural or legally appointed guardians....

 from her home in Homosassa, Florida
Homosassa, Florida
Homosassa is a census-designated place in Citrus County, Florida, United States. The population was 2,294 at the 2000 census.-Historic:...

 in the early morning of February 24, 2005. Believed held captive over the weekend, she was raped and later murdered by 47-year-old John Couey
John Couey
John Evander Couey was an American sex offender convicted of kidnapping, raping, and murdering nine-year old Jessica Lunsford in February 2005, in Florida. Lunsford's disappearance and Couey's subsequent confession and trial received extensive media coverage...

 who lived nearby. The media covered the investigation and trial of her killer extensively. On August 24, 2007 a judge in Inverness, Florida
Inverness, Florida
Inverness is a city in Citrus County, Florida, United States. As of 2010, the population recorded by the U.S. Census Bureau is 7,210. It is the county seat of Citrus County.-Geography:...

 sentenced Couey, a convicted sex offender
Sex offender
A sex offender is a person who has committed a sex crime. What constitutes a sex crime differs by culture and by legal jurisdiction. Most jurisdictions compile their laws into sections such as traffic, assault, sexual, etc. The majority of convicted sex offenders have convictions for crimes of a...

, to death for kidnapping
Kidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...

, raping, and murdering Jessica.

Abduction, rape and murder

Couey stated in an audio/videotaped confession
Confession (legal)
In the law of criminal evidence, a confession is a statement by a suspect in crime which is adverse to that person. Some authorities, such as Black's Law Dictionary, define a confession in more narrow terms, e.g...

 that he had abducted, raped, and murdered Jessica Lunsford. A judge ruled on June 30, 2006 that Couey's confession was inadmissible in court because when it was recorded police had not granted Couey's requests for a lawyer, thereby rendering the confession invalid and unreliable under the Fifth and Sixth Amendments
Sixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...

. Over Couey's objection, the trial court ruled that all evidence collected after the confession, including the recovery of Lunsford's body, would be admitted, as would incriminating statements allegedly made by Couey to investigators and a jail guard.

Couey's confession

In his confession Couey said that he entered Lunsford's house through an unlocked door at about three o'clock in the morning, awakened Lunsford, told her "Don't yell or nothing", and told her to follow him out of the house. He occupied a trailer along with two women, some 100 yards (91.4 m) away, at the time of Lunsford's abduction. He admitted in a videotaped and recorded deposition
Deposition (law)
In the law of the United States, a deposition is the out-of-court oral testimony of a witness that is reduced to writing for later use in court or for discovery purposes. It is commonly used in litigation in the United States and Canada and is almost always conducted outside of court by the...

 to raping
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...

 Lunsford in his bedroom. Lunsford was kept in Couey's bed that evening, where he rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...

d her again in the morning. Couey put her in his closet and ordered her to remain there, which she did as he reported for work at "Billy's Truck Lot". Three days after he abducted her, Couey tricked Jessica into getting into two garbage bags by saying he was going to 'take her home'. He instead buried her alive as he decided he could do nothing else with the girl. He said he 'Didn't want people seeing him and Lunsford across the street.'

On March 19, 2005, the police found Lunsford's body at a residence located on West Sparrow Court, buried in a hole approximately 2½' deep and 2' circular, covered with leaves. The body was removed from the ground and transported to the coroner's office. Her body had undergone "moderate" to "severe" decomposition and according to the publicly released autopsy reports was skeleton
Skeleton
The skeleton is the body part that forms the supporting structure of an organism. There are two different skeletal types: the exoskeleton, which is the stable outer shell of an organism, and the endoskeleton, which forms the support structure inside the body.In a figurative sense, skeleton can...

ized on two fingers that Lunsford had poked through the bags before suffocating to death. The coroner ruled that death would have happened even in best circumstances within 2–3 minutes from lack of oxygen
Oxygen
Oxygen is the element with atomic number 8 and represented by the symbol O. Its name derives from the Greek roots ὀξύς and -γενής , because at the time of naming, it was mistakenly thought that all acids required oxygen in their composition...

.

Arrest of John Couey

After approximately three weeks of intense searching for Lunsford around the area of her home, John Couey
John Couey
John Evander Couey was an American sex offender convicted of kidnapping, raping, and murdering nine-year old Jessica Lunsford in February 2005, in Florida. Lunsford's disappearance and Couey's subsequent confession and trial received extensive media coverage...

, age 47, was arrested in Savannah, Georgia
Savannah, Georgia
Savannah is the largest city and the county seat of Chatham County, in the U.S. state of Georgia. Established in 1733, the city of Savannah was the colonial capital of the Province of Georgia and later the first state capital of Georgia. Today Savannah is an industrial center and an important...

 for an outstanding warrant of cannabis
Cannabis (drug)
Cannabis, also known as marijuana among many other names, refers to any number of preparations of the Cannabis plant intended for use as a psychoactive drug or for medicinal purposes. The English term marijuana comes from the Mexican Spanish word marihuana...

 possession, but he was released after questioning because it was only a local warrant. He was later arrested in Augusta, Georgia
Augusta, Georgia
Augusta is a consolidated city in the U.S. state of Georgia, located along the Savannah River. As of the 2010 census, the Augusta–Richmond County population was 195,844 not counting the unconsolidated cities of Hephzibah and Blythe.Augusta is the principal city of the Augusta-Richmond County...

. On March 18, 2005, Couey confessed to having kidnapped and murdered Lunsford. On March 19, 2005 police found Lunsford's body. On March 7, 2007, Couey was found guilty in Florida of all charges in relation to Lunsford's death, including first degree murder, kidnapping, and sexual battery. On March 14, 2007, the jury recommended the death penalty. The case was appealed to the Florida Supreme Court. Couey continued to maintain that he was innocent until his death in September 2009.

Death of John Couey

On August 24, 2007, Couey was sentenced to death, in addition to three consecutive life sentences. However, on September 30, 2009, before the sentences could be carried out, Couey died from natural causes.

Jessica Lunsford Act

Following her death, her father, Mark Lunsford, pursued new legislation to provide more stringent tracking of released sex offender
Sex offender
A sex offender is a person who has committed a sex crime. What constitutes a sex crime differs by culture and by legal jurisdiction. Most jurisdictions compile their laws into sections such as traffic, assault, sexual, etc. The majority of convicted sex offenders have convictions for crimes of a...

s. The Jessica Lunsford Act was named after her. It requires tighter restrictions on sex offenders (such as wearing electronic tracking devices) and increased prison sentences for some convicted sex offenders. Jessica's Law refers to similar reform acts initiated by other states.

Wrongful death and negligence lawsuit

On February 19, 2008, almost three years to the day after her kidnapping and murder, Jessica's father was represented by Jacksonville, Florida
Jacksonville, Florida
Jacksonville is the largest city in the U.S. state of Florida in terms of both population and land area, and the largest city by area in the contiguous United States. It is the county seat of Duval County, with which the city government consolidated in 1968...

 lawyers in a pre-trial brief filed against the Citrus County Sheriff's Office and the Florida Department of Law Enforcement
Florida Department of Law Enforcement
The Florida Department of Law Enforcement is a Florida government agency. FDLE is composed of five programs: Executive Direction and Business Support, Criminal Investigations and Forensic Science, Criminal Justice Information, Criminal Justice Professionalism, and the Florida Capitol Police...

. After receiving notice of the pending suit, Citrus County Sheriff Jeff Dawsy stated that he believed the case to be "baseless... There is only one person in the world that should be held responsible for Jessica Lunsford's death and that's John Couey."

Following complaints and suggestions from Citrus County residents that the pending litigation was being pursued out of greed and that had he been a better father his child may still be alive, Mark Lunsford and Jacksonville-based attorneys Eric Block and Mark Gelman held a news conference in Jacksonville, where it was stated that the pending litigation was "not for the money... but for change." Lunsford stated that changes were needed in procedures and policies. It is alleged that Couey had Jessica Lunsford alive in the trailer while Citrus County officials visited the trailer, that police dogs indicated Jessica was being held in the direction of the trailer and were ignored, that Citrus County officials actively pursued Mark Lunsford's father as their prime suspect while evidence pointed elsewhere, and that had Citrus County officials followed up on an outstanding warrant issued by Georgia, that Citrus County officials could have entered Couey's residence and possibly saved the child.

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