In Session: Sidebar  « Back to Blog Main
February 29, 2008

Jessica Lunsford: Another sad chapter in a tragic story

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.

Jessica Lunsford

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: Uncategorized


Share this on:
Jami   February 29th, 2008 6:15 pm ET

This only goes to prove what I've been saying for years – pedophiles should NEVER be released. It is a proven fact that even castration does NOT stop them. The only thing that stops them is death. They need to either be locked up for life or be subject to the death penalty. If we were to deal out REAL justice to these monsters a lot more children like Jessica would be alive and safe!

Jerry   February 29th, 2008 6:43 pm ET

The cops must be idiots. You have a convicted sex offender living accross the street and you do not ask to search his house and property. They deserve to be sued. Mark Lunsford should get way more than $100,000. Its not about the money it about making sure this doesnt happen elsewere. From what I read Mark Lunsford has already spent countless hours testiifing and speaking out to make sure this doesnt happen again. If he revieced a Multimillion dollar settlement I am sure he would put alot of the money into programs that would help make sure this would not happen again. Money doesnt bring his daughter back. I think its great that he is doing something to honor his daughter.

Pat   February 29th, 2008 6:59 pm ET

A defenseless little girl is dead; brutally murdered. Why did the cops not ask to check inside Couey's trailer when she first went missing? They were there FOUR times. Why were experts in child abductions not called in? All Mr. Lundsford is asking for are changes in policies in the way these types of investigations are handled. How dare Dawsy claim Mr. Lundsford is only interested in monetary damages. Why shouldn't the way in which the whole investigation was handled not be investigated? Let the truth come out, no matter what it is.

Sue   February 29th, 2008 9:29 pm ET

Had a house to house search been done, at least, her body would have been found, and perhaps she, alive, would have been rescued.
This was not done, because, no one thought to consult any experts.
They just went on the "its usually the family" theory.
The wounds will never heal, but perhaps, this will keep some light on the issue, and perhaps, some other family, some other small child, shall not suffer in this fashion.

Barbi Rodriguez   February 29th, 2008 9:36 pm ET

There is so much pain on that man's face....it is heart-wrenching!! Our system fails children time and time again. It clearly failed Jessica by having John Couey on the streets.

CKN   March 1st, 2008 2:54 am ET

I look at Mr. Lunford's eyes and I wince at the pain there. It is obvious this is a man who is devastated and hurting beyond words even 3 years later. I hope he is able to get the changes he is looking for and that will, even if only in some small way, protect children from these monsters in the future. God be with you in your mission, Mr Lunford. And with your healing.

Chloe   March 1st, 2008 7:25 am ET

What I say- WHO CARES about "protocol" when you have an innocent child MISSING- you (police/authorities) should have the absolute RIGHT to bang on doors and gain access to any household to make sure that child is not there or in danger... most ppl. would WELCOME law enforcement using these kind of tactics if they have nothing to hide and want to help in bringing a child home... I know that I would. This is one of the saddest child abduction/murder cases that has occured... my heart continues to break for little Jessie and the Lunsford family... I hope and pray that Mr. Lunsford can one day regain some sort of "peace" although I am sure that it is highly unlikely... god bless, stay strong and always continue the fight of protecting our children from evil, sadisitc predators!

Aggy   March 1st, 2008 9:22 am ET

Let me get this straight?

Citrus County Sheriff says that Mr. Lundsford is doing this for money and not change?

How much money does the sheriff think that it will take for this father to get back his little girl?

The sheriff blames Lundsford for the money that taxpayers would spend on such a lawsuit?

How much money does it cost the taxpayers to house John Couey?

How much money did it cost taxpayers for law enforcement to go over to Couey's house? And come up with nothing?

Does the sheriff really wonder why Mr. Lundsford and his lawyers are ignoring "evidence" presented at trial?

Law enforcement couldn't tell by Couey's demeanor he was hiding something? The guy is having a sexual affair with a little girl, and cops can't pick up something is wrong?

Who ignored what?

But, let's ask those taxpayers, "would you rather fork out the money to house Couey or fork out the money to make sure law enforcement can find a little rape victim, stolen from her home, pleading for her life, right under their noses.

Big O   March 1st, 2008 10:43 am ET

Here is what Citrus County Sheriff Jeff Dawsy quoted: 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. and added, defending the case would be expensive for taxpayers, and the blame for that would rest with Lunsford.

Mr Dawsy you have got to be kidding. Do you think that Lunsford is really thinking how much it is going to cost the taxpayers? Do you seriously think it is absurd? baseless? Really? Wow and they pay you to have this position with these absurd comments? His daughter was raped and killed and your worried about how much its going to cost the taxpayers for a change in what your department lacks or fails to do properly? You may want to ask the taxpayers if they would want to re-elect you on the next term. If that were your daughter I'm sure there would have been new laws or changes right away without thinking about how much it was going to cost. Get real Mr Dawsy.

BIG-T   March 1st, 2008 10:55 am ET

Wasn't the little girl abducted just a short distance from her home. And the police knew that there was a convicted molester living in the area and they didn't search his home. I have been through the legal system myself for drugs. And if i have to notify authorities in the area where I live that I am a nartcotics offender. The police can come into my home any time they want without a warrant just because of my past. They should have searched the mans home. I find that very sickening that they looked past a convicted sex offender in close proximity. I have children myself, and it makes me sick to see that law enforcement agencies are just glancing over the usual suspects, and looking at family. they should be going on who has a history first. But i guess thats why innocent men are placed in prison every day. it's because our system sucks, and it will never be corrected.

Jennifer   March 1st, 2008 11:35 am ET

God bless this man. His love for his daughter has always been heartbreakingly evident. Mr Dawsy sickens me. Why is the lawsuit "absurd?" I see nothing "absurd" about it, except the shockingly poor job the police did. They were fixated on the family and even went so far as to blame the grandfather. The Sheriff is a wretched human being, to feel no responsibility is just more evidence of how inhuman the police are. This poor man, he could win millions, it won't change the fact that his life has been destroyed. Law enforcement is there for a reason. They did not do their jobs. That animal was able to keep that child in his trailer for DAYS under the noses of the cops. If they weren't so flamingly incompetent, they would have searched it. It's just obvious they were focused on the family. Poor man, it is so tragic.

Doug Sabelhaus   March 1st, 2008 1:22 pm ET

This happens time and time again. Rehabilitation does not work for pedophiles. Look at ,Joseph Edward Duncan III , he murdered a family in Idaho and then took the living two children. He sexually abused them for weeks before finally killing the boy. Pedophiles are like Rabid animals and need to be put down like one. They are the parasites of society.

Angela   March 1st, 2008 2:08 pm ET

This is absolutely heartbreaking, not only for Jessica and her family, but for the sheer fact that this is continuing to happen, and these innocent children are being brutally raped and murdered at the fault of those who are supposed to protect them. Sick people like John Couey should not be able to get to children like Jessica, pedophilia is a mental illness that doesn't just go away. It is absolutely disgusting to me they were in the trailer FOUR times, and still did not find her. I admire Lunsford for fighting this, and my heart goes out to him and his family. I truly believe the system needs to be broken down and rebuilt, or tragedies like this will continue to happen. May Jessica rest in peace, may her family find peace, and may truth and justice prevail.

alaska   March 1st, 2008 3:37 pm ET

Kudos to Mark Lunsford. I am so sick of repeat offenders of any sort. I believe in a scarlet letter theme. Convicted sex offenders of any sort should have it tatooed across their face . Live with their shame. Same for illeagal immigents. Tax dollars should be used for this type of cause instead of government self serving waste. More power to this man in trying to get something good accomplished out of something horrible . Follow up on sex offenders is so haphazard it is pathetic. The online register is outdated and inefficient. Send illeagals back to their home country and fill our jails with AMERICAN criminals! These animals should have their offences made known to anyone who comes in contact with them for the rest of their lives, in or out of jail.

You're right!   March 1st, 2008 3:47 pm ET

You are right, pedophiles should not be released! Nor should minorities! Nothing makes them turn away from a life of crime... just lock em up and forget about em! That's what I say.

pauline   March 1st, 2008 4:44 pm ET

actions speak louder than words....and just looking at that mans face...says it all.

Marian   March 1st, 2008 7:00 pm ET

As much as I feel for the death of poor Jessica, I don't think it's right what Mark is doing. Where was he on the night of her abduction? Also who left the doors unlocked in the house where Jessica was asleep? America, we have to be held accountable for our actions, that includes that perv Couey, but also Mark and his family for allowing this to happen. Suing the local police force won't help the healing process!!!

Cari   March 1st, 2008 7:17 pm ET

I agree with a lot of what is said above and I agree that the Citrus Cty sheriff's dept., made a huge mistake. However, since it seems it was common knowledge that Couey was a sex offender and it also seems to be common knowledge that John Couey and Mark Lunsford knew each other and some have said were friends, why didn't Mark Lunsford inform the police of Couey and insist they search the home and if they wouldn't then he should have regardless of the consequences, I mean this was his daughter and if it were mine no stone unturned, I can assue you.I agree that policies need to change, but I have a hard time believing in the sincerity of Mark Lunsford based on what I have been told by many who live in Citrus County.

flamama   March 1st, 2008 7:19 pm ET

That wasn't Couey's house, it was his sister's residence. Couey was registered for another address. The sheriff's office wasn't aware he was staying there because that wasn't his main residence. Besides putting blame on Couey, I blame the occupants in the trailer somewhat because they were aware he was a registered sex offender and the next-door neighbor's child is missing...I would be suspicious if it was my brother. Plus the sister assisted Couey in leaving town after he said he was in trouble. The locals are truly upset with the lawsuit because they know how much effort the sheriff's office and the community itself put into finding Jessie. Maybe some policies need to be improved but why not have a get together( like Lunsford does with the powers-to-be in other states to enforce better laws)?

Darlene Miserez   March 1st, 2008 7:20 pm ET

It's terrible what happened to this little girl because the police did not search that house immediately. The father has every right to fight for the truth to come out and how the police failed to protect his daughter. Everything he is doing now is to protect other children. He reminds me of John Walsh who after his young son was murdered went on and made a difference in the world.

Kylee   March 1st, 2008 8:23 pm ET

This is one of those stories you never want to hear, or even believe to be true. My heart goes out to the Lunsford family. I encourage you to keep on with your lawsuit and not be swayed by the comments of tax payer dollars being wasted in this lawsuit. It is important to remember that tax payer dollars were spent on an investigation that did not lead to the recovery of a lively healthy young lady, but her body. Tax payer dollars spent on the incarceration of a violent sex offender. Who wasted tax dollars? Sometimes the only way to make change is through the pockets of one’s impeding it. I wish you well.

Amanda Coleman   March 1st, 2008 8:42 pm ET

I prayed for her safe return and am disgusted with the out come. Why are sexual predators being released? Just because they served time dosen't mean they are rehabilitated. Disgusting. There are some crimes that are just too heinous and dispicable to have a second chance at society. SEX OFFENDERS IS ONE OF THEM. If they are being released because jails are being overcrowded then kill them sickos. Whatever happened to an eye for an eye?

Kontiki   March 2nd, 2008 6:32 am ET

Even if the police investigation had gone according to the book, no parent ever gets over the loss of their child – especially if that dear child was murdered. I cannot begin to image her father's frustrations & dispair at realizing that his daughter was still alive when police checked out that home. Common sense would tell you that there had to be clue to her having been there. Surely they opened closet doors!Someone slipped up bigtime and now must pay for their egregious error. RIP Jessica. God be with you, Mark. Seek His comfort and peace.

George Michaels III   March 2nd, 2008 8:22 am ET

just goes to show the lack of dedication to duty these taxpayer-supported law enforcement officials have. the police in florida, and everywhere else, are not held accountable for their actions or lack of actions.

Giancarlo   March 2nd, 2008 11:28 am ET

Too bad the limit is $100,000. If the authorities did not ask to look inside a convicted pedophile's trailer and he lived across the street from the girl, then they did not do their job properly. It is not fair to the father to debate whether the girl was alive or not...this is just a way for the authorities to cover their tracks. We the people elect, hire, and employ these public servants and they owe us an objective response...excuses are not allowed.

Diane   March 2nd, 2008 11:30 am ET

That should have been the first place they looked!! When will this "system" learn that child molesters and pedophiles should NEVER,EVER be released back into society??? They can NOT be rehabilitated!!! Lock them up and throw away the key! Maybe I sound cruel, but haven't we lost enough of our children to these monsters?

Louann   March 2nd, 2008 12:31 pm ET

I do feel also that something is not right when a little child is missing, and that we can not start searching houses in the neighbor first to eliminate all those possibilities. Knowing there is a sex offender in the neighborhood, makes it a more obvious reason to search inside the homes. I think most neighbors would be more than willing for someone to search their home, to eliminate the innocent and help find the guilty one. I would be at least. This Father has every reason to be mad. That is the one question that no one has answered for him or explained why they didn't go into the house to search for the little girl. I hope they have at least recogonized there fatal error and have asked forgivenss of Jessica's Father, so his broken heart can heal.

Kerry Vanwert   March 2nd, 2008 1:04 pm ET

The liberal judges and bleeding hearts of America should be the ones who are held accountable for situations like this. Who unleashed John Couey back into our society? I know, I know, sex offenders have rights too! Get real,the way I see it, is this, sex offenders give up their rights to live freely among us when they choose to hurt our children.

Kontiki   March 2nd, 2008 1:51 pm ET

If it can be proven that a more thorough investigation would have brought Jessica home alive, I say go for it. It's not about money, it's about accountibility. God Bless Jessica and her family.

Janyere   March 2nd, 2008 2:43 pm ET

I agree with any who say Pedophiles should never be freed. There is no rehabilitation and they will only strike again and again. That this guy was free and living with his sister, she knew what he was. Why can't they charge the family he was living with, for something? They knew he was capable of rape etc. Death to pedophiles, as there is no way to handle this and keep other's safe.

Farrell   March 2nd, 2008 4:06 pm ET

Little Jessica's death may not have been avoidable but it appears their was neglect in a thorough search of the sex offender killer's residence. I don't believe her father's law suit is all about money, but by "hitting" in the pocket sometimes sends a stronger message that more needs to be done than just releasing sex offenders back into society and react again only when they are allowed to commit more crimes. I fully support Jessica's father and hopes his message is heard around the world.

Diane   March 2nd, 2008 4:54 pm ET

I'm sure that there will be many people who disagree with me, but in my humble opinion, if you are a sex offender, you HAVE no rights! You gave up those rights when you did what you did!

Fern   March 2nd, 2008 6:56 pm ET

Pedophiles cannot be rehabilitated. They should be imprisoned for life. PERIOD!

PlayitagainSam@aol.com   March 2nd, 2008 11:58 pm ET

I agree that Jessica's story was a horrific one, the crimes committed against her especially heinous.
It is next to impossible to show a different opinion without seeming unsympathetic to what has happened to him.
If this is not about money but about change, why is he specifically asking for money? There has been a great deal of cash fed into his "fund" which he says suppports him as he travels the world talking of his loss. Very recently I read an article that included instructions on where/how to send funds.
I agree that no amount of money will bring Jessica back.
So why not take the issue of compensation off the table? It's not exactly honoring his daughter's name by asking for more and more money. I've never seen a victim's parent or parents respond this way, and it's disturbing and no-class, to say the least.

Dawn   March 3rd, 2008 12:08 am ET

You know it kills me that this sheriff's department cannot see what it is that Marc Lunsford is trying to do! Marc Lunsford has already said that he would drop the suit if they would change their ways regarding investigation so that something like this does not happen again. But they want to be defensive and say that they did all that they could... when everyone knows that they did not. Going to the door of John Evander Couey's house and searching the perimeter of where he lived is not a complete search. They should have searched everyone's house! Instead they interviewed and then blamed the grandfather and even Marc himself for Jessica missing! Nice investigation.. but they did everything that they could... I would certainly want them to come find me or my daughter should we go missing... UNBELIEVABLE! GO MARC! More power to you...

magoo   March 3rd, 2008 1:13 am ET

"The cops must be idiots. You have a convicted sex offender living accross the street and you do not ask to search his house and property."
He didn't live across the street, his sister did and he was visiting. The crime was SHE didn't tell authorities about him when they came to the door. Which they did very quickly. The local people ran her out of the county for it but she commited to crime. Had she informed them,that would have been grounds for a search- the child was still alive in the closet and would have been saved. He kept her 4 days before he killed her. Pedophiles are uncurable. Think about it : if you find a child sexually attractive what can anyone do to change that? Could anyone "teach" you to change your sexual preference? No. It isn't learned, it's programmed in my opinion. I woud infuriate me if they accused me while the real kidnapper (at that point she was alive) had my daughter.

crazymom   March 3rd, 2008 5:25 am ET

All of these stories about pedophiles just reinforce my idea to make a bumper sticker that reads "Pedophiles beware! Psycho mom with rusty carrot peeler". I am completely serial about this, if someone ever touched one of my children they had better pray to a higher power to save their sorry ass!

Tracey   March 3rd, 2008 7:10 am ET

Being a victim of child molestation, I hope Mr. Lunsford continues in his fight for his daughter's right's. I think that all pedophiles should be hung up by the very parts they used to moleste children, whether it be their arms, fingers or whatever, and their victims should be able to torture them until their death! How's that for capital punishment? It takes a sick soul to mess with a child, let alone kill one. I hope Couey see's the very face of his victim while burning in hell! Also, I hope all those who failed Jesica, including the police officers, pay dearly as well, in my eye's, her blood is dripping from your hands as well!

SoulChild   March 3rd, 2008 9:49 am ET

I agree with Mr. Lundsford.... Things won't change unless the laws are changed. It simply doesn't happen. They should have entered Couey's home and searched it immediately upon suspicion.
I certainly think this father has stepped up to the plate to make the difference his daughter needed to save her life.
It's very "polite" to say that law enforcement "did everything they could" but take a look at the timeline, the facts and you'll see a different story.

I stand with Mr. Lundsford on this!!!

Roger   March 3rd, 2008 10:25 am ET

Give me a break, blame does not rest on the Police Department. They did their job, they found the rapist and killer and got a conviction. They can not protect everyone, that task has to partly lie with parents/guardians. I also believe that the trailer was not his registered address, but a relative's. As a result, they probably couldn't just barge in without proper cause/evidence. If you all want to open the door to let police barge into every home within a certain radius of the abduction, regardless of evidence, then I think you are going to have to put that to a vote and change the law. A lawsuit helps nothing, but that money might.

Ruth   March 3rd, 2008 12:17 pm ET

I hope he sues the pants off the police. Hes angry and hes just doing what any parent would do. I'd sue them also.

Ken   March 3rd, 2008 12:17 pm ET

Of course its all about the money. The police did not know Couey was staying at his sister's house. Couey's sister hid the fact that her brother had been staying with her. She kept that secret until he fled the state. The changes Lundsford is suggesting have already been implemented.

Gina S   March 3rd, 2008 12:29 pm ET

Joan D'Alessandro's rapist and killer (7 years old in 1973) comes up for parole again in 2010 in NJ. We worked for 4 years to keep him behind bars and get Joan's Law passed. The parole board here in NJ told us that he would have been released in 3 1/2 years had we not launched our campaign in 1993. The system failed the D'Alessandro's when they made a plea deal that gave Joseph McGowan (a Chemistry teacher living in the neighbor) a life sentence which turned our to not be life at all. He has come up for parole 3 times already! He said that he wants to be relased and fade into the backgroud. Yea, right!

Rain   March 6th, 2008 9:03 am ET

"They should have entered Couey’s home and searched it immediately upon suspicion."

Comments like that scare the *censored by author* out of me. Folks, please, stop and think for a minute. Yes, what happened to that little girl is every parent's worst nightmare, and it's easy to lash out emotionally about it. But, please, stop and think.

Do you WANT the police to have the right to search YOUR home, just because a crime was committed nearby? Or because you, or your relative who isn't even registered at your address, has a criminal record?

The police have rules and laws to protect the freedom and privacy of the rest of us. They're in place for a reason, and, sadly, in cases like this, do limit what they can do. One of those laws is that they may NOT rummage wherever they like without just cause, and "your brother's a pedophile, and we've got a missing girl" isn't going to fly with a judge.

I have my doubts about whether or not searching that house would have saved Jessica. When there's a conflict between the testimony of a criminal and the scientific evidence, I tend to believe the evidence. And, I do pray that he did NOT keep her alive and at his mercy for days, I'd rather believe she was at peace quickly than suffering days of torture and fear.

That said, I DO hope they put this *censored by author* away for the rest of us unnatural life, so he can never, ever harm another child.

Ann   April 7th, 2009 8:59 pm ET

OMG! I knew her!!!! i can't belive that dumb old John Couy!

Barbara   June 3rd, 2009 8:37 pm ET

There is a group of people stalking and wrongly accusing a woman of abuse. The reason revenge. The co-operation they get from the public is amazing. They have such a great system of following her, knowing her every movement. People taking her pictures and blogging. POINT, with such a great system, why don't they get a list of real child abusers. Use the systems for good. In my opinion they could have saved this wonderful little girl. Revenge is that really better than abuse and death of the trusting children.

Leave Your Comment


 

Comments are moderated by CNN, in accordance with the CNN Comment Policy, and may not appear on this blog until they have been reviewed and deemed appropriate for posting. Also, due to the volume of comments we receive, not all comments will be posted.


subscribe RSS Icon
About this blog

Sidebar takes you behind the scenes of the day's legal headlines with breaking news and in-depth analysis from In Session's anchors and correspondents.

Contact us
  • Questions or comments? E-mail
In Session Team
Jean Casarez
Correspondent
Jean Casarez
Beth Karas
Correspondent
Beth Karas
Mike Brooks
Law Enforcement Analyst
Mike Brooks
Midwin Charles
Legal Contributor
Midwin Charles
Sunny Hostin
Legal Contributor
Sunny Hostin
Powered by WordPress.com VIP