[Zahn:] The top story "Outside the Law" tonight: Jury selection has just started in a Florida courtroom in the murder trial of John Couey. He is the convicted sex offender accused of kidnapping, raping, and killing 9-year-old Jessica Lunsford last year. After a desperate three-week search, the little girl was found buried near the mobile home where Couey was living. The story made national headlines and led to tougher laws on sex offenders. But, even before the trial began, the prosecution suffered a major setback. Here's John Zarrella.
[John Zarrella, Cnn Miami Bureau Chief:] Hate is not a strong enough emotion for Mark Lunsford.
[Mark Lunsford, Father Of Jessica Lunsford:] It's worse than that, but how do you describe that? What words do you use?
[Zarrella:] Lunsford's 9-year-old girl, Jessica, was murdered. Her body was found buried outside a mobile home in Inverness, Florida, about 100 yards from where she lived. This man, a convicted sex offender, John Evander Couey, confessed to the killing. It seemed like an airtight case.
[John Evander Couey, Defendant:] I went out there one night and dug a hole, and put her in it, buried her.
[Unidentified Detective:] Was she dead already?
[Couey:] No, she was still alive. I buried her alive.
[Zarrella:] Police found Jessica's body buried outside the mobile home where Couey was living. She was clutching a stuffed dolphin. Couey admitted to letting her bring it when he kidnapped her, and, in his taped confession, told police they would find her buried with it.
[Unidentified Detective:] Where's her dolphin at?
[Couey:] In there, buried with her.
[Unidentified Detective:] In the bag with her?
[Couey:] Yes, sir. I let her keep it. She wanted to take it with her.
[Zarrella:] Couey's words are chilling. But they will not be heard in court by the jury. Just over a week ago, as Couey sat for a pretrial hearing in a Citrus County courtroom, the judge threw out the confession. Couey had asked for an attorney, but did not get one.
[Judge Ric Howard, Citrus County, Florida, Circuit Court:] This is a material and a profound violation of one of the most bedrock principles of criminal law.
[Zarrella:] Detectives from Citrus County had gone to interview Couey in Augusta, Georgia, where he was picked up. On tape, he is heard repeatedly to have an attorney present.
[Unidentified Detective:] John, would you take a lie-detector test for us?
[Couey:] I guess. I want a lawyer.
[Unidentified Detective:] I'm just asking. I'm just asking. Would you? I'm not saying now. I'm just saying, would you?
[Couey:] I said I would. I just want to talk to a lawyer. I want a lawyer here present.
[Unidentified Detective:] OK.
[Couey:] I want to talk to a lawyer. I mean, if people are trying to accuse something I didn't do. I didn't do it. I ain't, you know...
[Zarrella:] Jessica's father believes, even without the confession, Couey will be convicted.
[Lunsford:] I don't care. I'm confident in the system. I'm confident in in the prosecuting attorneys, in the state attorney's office. I'm I'm confident in all those people.
[Zarrella:] Citrus County's sheriff, whose detectives conducted the Couey interview, insists there is still more than enough evidence to convict John Evander Couey.
[Jeffrey Dawsy, Citrus County, Florida, Sheriff:] Yes, we would have liked to have the confession go in. But, as I have told you guys privately and publicly, that was not what I would say the rock part of this case. It is the evidence we have collected.
[Zarrella:] So, what evidence do prosecutors have? Law enforcement sources tell us quote "There is more than enough blood and DNA evidence to convict him" end quote. Reports from crime scene investigators describe the search of Couey's bedroom in the trailer. They found blood on the bed sheets and mattress, palm prints, possibly Jessica's, on the glass door of the entertainment center, an empty VHS movie sleeve, "Curly Top," a kid's movie starring Shirley Temple, a pair of Couey's jeans with possible blood on them. Investigators also removed an entire west wall of the bedroom closet, looking for prints and evidence. Couey had said in his confession that he kept Jessica in the closet.
[Couey:] Yes.
[Unidentified Detective:] Well well, we already showed up?
[Couey:] It was like yes, it was like three days or something like that she stayed in the closet, where I was feeding her. You know, I wouldn't let her starve, gave her water and stuff like that."
[Zarrella:] While the trial is being held in Citrus County, the judge decides, due to pretrial publicity, to pick the jury from a nearby county. Once the jurors are selected, they will be bussed in and put up in hotel rooms. [voice-over]: The judge's action and the lost confession may actually help the state if Couey is convicted, says a former federal prosecutor.
[Kendall Coffey, Former Federal Prosecutor:] Because this judge changed the venue, because this judge excluded the confession, he's not just assuring a fair trial for John Couey; he is eliminating huge potential delays through years and years of appellate processes that now are going to be avoided.
[Zarrella:] The trial is expected to last about two weeks. If convicted, prosecutors have said they will seek the death penalty. John Zarrella, CNN, Miami.
[Zahn:] Joining me now, CNN senior legal analyst, even though he looks very young, Jeffrey Toobin. Young lad and two of our friends from Court TV, Lisa Bloom and Jami Floyd. It's the top story trio. Thank you for joining us tonight. So, a lot of people were outraged by the judge's decision. Did he make the right choice?
[Jeffrey Toobin, Cnn Senior Legal Analyst:] Absolutely.
[Zahn:] Why?
[Toobin:] You know, everybody knows, since 1966, 40 years ago, that you have to give suspects Miranda warnings, and, if they ask for a lawyer, you have to stop questioning. That's what should have been done here. Fortunately, there's enough other evidence to convict this monster, but the judge did exactly the right thing.
[Zahn:] So, the deal was...
[Toobin:] And it was courageous.
[Zahn:] ... during the confession, they actually heard him repeating, what, six, seven, eight times, asking for counsel...
[Toobin:] "I want a lawyer. I want a lawyer."
[Zahn:] ... in 46 seconds.
[Toobin:] It's on tape.
[Lisa Bloom, Court Tv Anchor:] Yes, but it was all in context of, we want to give you a polygraph. There's about 60 pages before that where he's freely talking with detectives. And this is a guy with a long criminal history who's familiar with the rules of the game. He's Mirandized. He's talking. They ask him, do you want to take a polygraph? Then he says, well, I would need a lawyer for that, wouldn't I? So, the argument the police had is, he was asking for a lawyer in the context of a polygraph. They then go on to say, but would you still talk to us without a lawyer? And he says yes, and he keeps talking for about another 20, 30 pages, ultimately confesses.
[Jami Floyd, Court Tv Anchor:] The judge the judge...
[Zahn:] Doesn't this make it easy for the defense, though, on that particular point....
[Floyd:] On that one issue.
[Zahn:] ... very sloppy police work?
[Floyd:] On that one issue. The minute somebody says lawyer, that's it. You get them a lawyer.
[Toobin:] End of story.
[Floyd:] That's what the court has said.
[Toobin:] End of story.
[Floyd:] End of story. The cops gambled. It's not a mistake or sloppy. They gambled that a judge...
[Zahn:] Not a mistake? Not sloppy?
[Floyd:] The judge they this was a knowing choice.
[Bloom:] No, I don't think it's sloppy. You know what? She was missing three weeks at that time, Paula.
[Floyd:] They gambled.
[Bloom:] They were looking for a little girl who they thought perhaps was still alive.
[Floyd:] They gambled.
[Bloom:] And they thought he knew where she was. They were trying to save a little girl's life. And even if this got kept out, ultimately, they were looking to...
[Floyd:] They gambled that no judge in a notorious case would keep out a confession. And most judges do not. Most judges...
[Toobin:] And...
[Floyd:] ... don't have the courage to do it. And I say this judge should have gone farther. There's a lot of other evidence that evolved from that confession that should also have been kept out.
[Toobin:] Oh, I don't agree with that.
[Bloom:] Like the body?
[Toobin:] I don't agree with that.
[Bloom:] Like finding the body?
[Toobin:] I mean, I think I think he they they had two priorities here. One was to find this girl, and that was the absolute top priority. The other was to try to convict this guy. They succeeded with part one. I mean, they got the information to resolve this tragic situation. The legal thing, unfortunately didn't work out for them, in terms of this confession. But they have all the evidence they need in this case. So, this will have the right result.
[Zahn:] Do you really believe they have the evidence, Jami?
[Floyd:] There were four interrogations here, three of which were audiotaped. We're talking several different days of interrogation. Much of what he had to say is coming in. The judge only kept out the portion post-Miranda, or post when the Miranda...
[Toobin:] But that that's how the system should work. I mean, these cops were working hard.
[Floyd:] That's exactly right. So, I'm agreeing. I'm agreeing, Jeffrey, that...
[Bloom:] And, by the way, Paula, he's got...
[Toobin:] OK. All right.
[Floyd:] They have something to work with.
[Bloom:] He's got two other confessions to corrections officers, where he says: I didn't mean to kill her. Those are coming in. The jury's going to hear that.
[Zahn:] All right. Now that we got you three really cranked up... ... we're going to have you stand by.
[Toobin:] All right.
[Zahn:] Can you wait for just about 33 seconds? We're going to take a short break here Jeff Toobin, Lisa Bloom, Jami Floyd. Moving along now, what are other states doing to keep sex offenders away from children? Georgia has an idea that is so controversial, it affects every school bus stop. Our coverage of today's top story "Outside the Law" continues in about a minute. And a little bit later on, the top story in religion tonight what are the most influential churches in the country doing that your church isn't, bringing about five million worshipers a week? First, number six on our CNN.com countdown the U.N. Security Council delays voting on a resolution to impose sanctions on North Korea for its missile tests. Council members agreed to put off a vote, to give China more time to negotiate directly with North Korea. Number 5 everyone's asking, why the oh, who is going to ever forget this? You all watched, didn't you? It was just why would this guy do this? Why would he, a celebrated player, headbutt an Italian player at yesterday's World Cup final? He was thrown out of the game. Italy, of course, went on to its fourth World Cup. This was going to be the last guy's game anyway. What was he thinking? Stay with us. Number four is next.