An Argument That Proves Too Much

Today, a Florida Circuit court judge sentenced John Evander Couey to death for kidnapping and raping 9 year old Jessica Lunsford then putting her into a trash bag and burying her alive. What struck me, however, was an argument made by Couey's attorney. From an AP story, "Lunsford Killer to Die for His Crime": "

The public defender representing Couey had asked for a life sentence instead of capital punishment, arguing that Couey is mildly retarded. A 2002 U.S. Supreme Court ruling prohibits the execution of mentally retarded people.

A judge, however, ruled earlier this month that Couey was not mentally retarded and was eligible for the death penalty. At today's hearing, Howard again batted away the arguments that Couey's mental aptitude had prompted his uncontrollable behavior."

I'm not going to argue whether Couey had a reduced mental capacity because I don't see how it matters. Even if true, why should that reduce Couey's sentence from death to life? If he is really mentally retarded then why not ten years. But wait, he's mentally retarded so why not, five years. Again, Couey is mentally retarded.

The attorney's argument proves too much. Intellectually consistentency demands that Couey shouldn't be held at all because, after all, he is mentally retarded. But even his attorney wouldn't argue that. Why? Because Couey is guilty and freeing him denies justice.

Couey took an innocent child from the safety of her own bedroom, used her for his own pleasure, then buried her as if this innocent, defenseless human being were trash. His life should be forfeit.

To allow him to live - albeit denying him freedom - trivalizes the dignity and worth of another human being ... in this case, Jessica Lunsford.

It's time to take out the true trash.