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February 29, 2008
Posted: 04:52 PM ET
NEW YORK – “Had the Citrus County sheriff and the department done its job, it’s clear to us that Jessica would, in all likelihood, be alive today. Those are powerful words from an attorney for Mark Lunsford, whose 9-year-old daughter Jessica was abducted, raped and murdered by convicted child molester John Couey. The killer has been sentenced to death for the crime, but Lunsford feels critical mistakes were made in the investigation and has filed notice of intent to sue authorities. To make a statute of limitations deadline, the notice had to be given up to a year after Couey claimed at his sentencing hearing that he kept Jessica in a closet while police searched for her. Read more The child’s body was found buried near the Homosassa, Florida, mobile home where Couey lived in March 2005, after weeks of searching. While forensic evidence suggests Jessica died within hours of the abduction, Couey claimed Jessica was alive for several days. The critical discrepancy lies at the center of Mark Lunsford’s potential case. Deputies went to Couey’s trailer four times during the first two days of the search, but according to attorneys for Lunsford, they never asked to look inside. Lunsford’s attorneys claim the sheriff’s office further botched the early stages of the investigation by not immediately calling in experts on child abductions and focusing wrongly on Mark Lunsford’s father. Neighbors were also not warned that Couey was a convicted sex offender when he moved in, the lawyers charge. Lunsford says the suit has nothing to do with financial gain. His lawyer adds that the matter would be dropped if policy changes were made and notes any financial judgment brought from a lawsuit would be limited to $100,000, based on state law. But Citrus County Sheriff Jeff Dawsy, who recently attended Mark Lunsford’s charity motorcycle ride to benefit child advocacy centers, has blasted back, calling the suit “haphazard,” “baseless” and “absurd.” He claims the lawsuit is not about seeking change, but instead about seeking damages. He points out that it does not take a legal challenge to make effective changes. But, Dawsy added, defending the case would be expensive for taxpayers, and the blame for that would rest with Lunsford. As to the quality of investigators’ work, the sheriff maintains that detectives were conducting five separate investigations into Jessica’s disappearance. Addressing the claim that Jessica was still alive in Couey’s home, Dawsy says Lunsford and his attorneys are ignoring evidence presented during Couey’s trial. Dawsy also cited his work with Lunsford and legislators in getting the Jessica Lunsford Act passed — providing more stringent tracking of released sex offenders. So three years after this tragic death, wounds have yet to heal and the controversy continues. – Bob Regan, In Session senior executive producer Filed under: Bob Regan |
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