Update: Couey confession tossed out

By: Dave Bohman

Inverness, Florida - There's a major new development in the John Couey murder trial.

When he was arrested in Georgia last spring, Couey confessed to investigators that he kidnapped and murdered 9-year-old Jessica Lunsford.

This morning, a judge threw out Couey's confession because after his 2005 arrest, Couey asked to speak to a lawyer and his request was denied.

It was shortly after that he confessed the details of the crime.

This is a victory for John Couey's defense team, simply because prosecutors cannot play an audiotape of John Couey's voice admitting to the crime.

But it doesn't mean the accused killer is a step away from beating the charges that could land him on death row.

In fact, Couey was dealt a legal blow when the judge also ruled that Jessica Lunsford's body, and DNA evidence, which was found as a result of the confession, will be allowed in the trial.

Judge Ric Howard said in court, detective Gary Atchison, the chief investigator in the case, was clearly on the trail of finding the girl's body, with or without the confession.

Jeffrey Dawsey, Citrus County Sheriff:

“Would Gary (speaking of Gary Atchison) had loved to have the confession go in? Yes! But I always told you that we built this case on the rock solid part of evidence. Evidence doesn't lie. I've got enough to put John Couey to death. That is our next phase.”

Judge Howard also ruled that other incriminating statements Couey made while in the Citrus County Jail, statements that could be called "mini-confessions," will be allowed at the trial.

Jessica's father Mark Lunsford was at the hearing and said he's not too worried about the main confession being thrown out.

Mark Lunsford promised to be at the trial every day, beginning with jury selection on July 10^th.