Another Polygraph Confession Thrown Out

[polyfool]

ttp://www.latimes.com/orl-bk-couey-06306,0,6113788.story?coll=la-home-headlines
Couey confession thrown out
Couey, 47, accused of killing 9-year-old girl
By Stephen Hudak, Sentinel Staff Writer
June 30, 2006

INVERNESS -- A judge this morning threw out the confession of convicted sex offender John Evander Couey, who asked numerous times for a lawyer while under questioning by detectives last year about 9-year-old Jessica Marie Lunsford. Her body was later found buried behind Couey's sister's house.

Citrus Circuit Judge Richard A. Howard read his decision that the confession will be inadmissible in Couey's trial. Jury selection for the trial is scheduled to begin July 10 in Lake County. Those chosen for the panel will hear the case in Citrus County.


Couey, 47, faces charges of first-degree murder, sexual battery, kidnapping and burglary. In addition to confessing, he flunked a lie-detector test, authorities said.

Couey had been interrogated March 17, 2005, in Georgia, where he was detained as "a person of interest" in Jessica's disappearance. The Homosassa girl had been reported missing Feb. 24, 2005.

Couey told Citrus County detectives he wanted a lawyer when one of them suggested a polygraph test. That detective, Scott Grace, now a private security contractor in Iraq, testified he was uncertain whether Couey meant that he wanted to speak with a lawyer before taking the test or whether he was invoking his right to counsel. So he and another detective, Gary Atchison, continued asking questions about the girl.

Prosecutors contend Couey was not coerced and voluntarily agreed to talk with investigators.

FBI agent Terry M. Wetmore, unaware Couey had requested a lawyer, gave him a polygraph test the day after the interview with detectives. At a hearing last week, Wetmore said he looked at the results then told Couey, "Now we both know the truth. You took that girl."

According to Wetmore, Couey "hung his head a little bit and said 'I did it.'"

Couey, Wetmore said, then asked to see the sheriff's detectives to tell them where to find Jessica. She was buried behind his sister's house, not far from Jessica's home.

[cesium_133]

What a comedy of errors.  As soon as an accused person says "lawyer", the questioning is supposed to stop.  I wouldn't be surprised if everything he said after he made that comment is thrown out, too.

What do I think?  I think he did it.  He led them to the body, pro gratia Dei.  I think he'll get the needle, too.  But the poly was not the way to go, and we don't know for sure if the FBI guy was on the level.  He wanted that guy to be guilty, as do all cops... gimme a break.

The whole thing was a typical "let's get a confession from him."  That's why the cops ignored Miranda, and that's why they brought in the magic box.  Who knows what the wavy lines meant...

[Bill Crider]

not to throw water on this thread, but the point of this story seems to be that the polygrapher got a confession and recovered a body when no one else could.......The bill of rights provides redress for police misconduct, but it doesnt really guarantee that it will never happen. It seems to me the detectives were the boneheads and not the FBI guy.

[underlyingtruth]

Perhaps we should just skip the polygraphs and go straight to water drips and cutting off fingers.  Personally, I would prefer water-torture to a polygraph any day of the week (esp. Mondays).