home

Atlanta Courthouse Shootings Trial Begins This Week

By Jeralyn, Section Death Penalty
Posted on Tue Jan 09, 2007 at 10:47:14 AM EST
Tags: (all tags)
Share This: Digg! StumbleUpon del.icio.us reddit reddit

Who could forget the Atlanta Courthouse shootings case in 2005 and the 26 hour manhunt for the suspect who shot and killed a judge, court reporter, sheriff's deputy and customs agent? Or Ashley Smith, the young woman and born-again Christian who talked him into surrendering and became an overnight sensation?

Jury selection begins Thursday. The trial should take six months and will be televised. Georgia is seeking the death penalty.

I have an op-ed today in the Washington Examiner asking whether the death penalty is necessary in this case and suggesting that Nichols' trial provides us with an excellent opportunity to rethink our position on the death penalty in general.

< Sentencing Reform At Last? | Tuesday Open Thread >

  • The Online Magazine with Liberal coverage of crime-related political and injustice news

  • Contribute To TalkLeft


    • Display: Sort:
    Atlanta Courthouse Shootings Trial Begins This Week | 7 comments (7 topical)

    Readers Must Login or Create an Account to Comment

    You mean the trial starts, right? (none / 0) (#1)
    by scribe on Tue Jan 09, 2007 at 12:04:19 PM EST


    Duck! (none / 0) (#2)
    by txpublicdefender on Tue Jan 09, 2007 at 12:28:50 PM EST


    Tragic (none / 0) (#3)
    by atlanta lawyer on Tue Jan 09, 2007 at 12:37:29 PM EST
    This entire story is tragic.  Nichols, after beating the first deputy, might have very well escaped without killing anyone.  It's terrible that he felt the need to go into the court room and begin shooting.  Though I never personally appeared before Judge Rowland Barnes, he was held in high regard by the defense bar(and himself was a former Defense attorney, a rarity for a judge). He could not have gotten a fairer Judge in Fulton County.   and certainly, the court reporter, Julie Branau, had no beef with him.  I did not know her either, but have heard her daughter speak.  Her daughter, a young woman of exceptional intelligence, strength, and grace, spoke highly of her mother, and with such a peace that her mother obviously played a roll in instilling.
    This case is an incredible strain on all aspects of the Fulton County Justice System.  I'm sure the district attorney has and will spend a fortune, b/c of their choice to seek the death penalty.  However, the county is paying per diem rates to a retired judge, as well as all the extra security resources from the Sheriff's department, the strain on the clerk's office, the court administrator's office, and the newly created State Public Defender Standards office.  Already, the state is cutting rates for the attorneys of other indigents, including death penalty cases.   I suspect this case will set the county back in terms of timely resolution of cases. It will take years for both the county and the state to recover from a six-month trial. Obviously, the defendant's attorneys play a role in this as well, but they are left with little choice.  The only reason that the DA might accept to offer LWOP is to avoid breaking the bank.

    $500K spent already, just on (none / 0) (#4)
    by cpinva on Tue Jan 09, 2007 at 12:50:04 PM EST
    the defense? add to that what's already been spent on the prosecution, what will be spent on the trial and appeals, and you're probably looking at close to 1.5 to 2mill, just to kill this guy legally.

    i'm not at all clear as to what is supposed to be accomplished here, other than killing mr. nichols, since there's no question he's guilty.

    from a strictly fiscally conservative point of view, this isn't cost effective, unless they plan on executing him in public, and selling the tv broadcast rights.

    I'm no lawyer (none / 0) (#5)
    by peacrevol on Tue Jan 09, 2007 at 01:34:10 PM EST
    So I dont know...but could a temporary insanity plea get him off the chopping block as far as the death penalty is concerned? I mean, the guy must have just flipped the hell out to do something like that...I'm sure the law doesnt really see it like that, but is it unprecedented?

    As someone in Atlanta (none / 0) (#7)
    by Claw on Wed Jan 10, 2007 at 03:15:51 PM EST
    I doubt he'll get the death penalty.  I think the story of his surrender will be helpful with the jury during the sentencing phase.  Atlanta Lawyer is absolutely correct about Judge Barnes.  The whole thing is heartbreaking.
    Narius, as usual, is eager for someone to die...happy to have a "perfect case for the death penalty."    

    Death Penalty (none / 0) (#8)
    by tlpttr on Thu May 24, 2007 at 12:53:55 PM EST
    This makes no sense to me at all. Brian Nichols is obviously guilty of the crime and yet they took the money that was due other death penalty inmates-who may be sitting in jail for a crime they never even committed-for their trials, including my sons,which in turn caused yet another death in one of the Georgia County Jails. My son died in jail waiting to go to trial and had been in the county jail for over two years over a crime he didn't even commit and was facing the death penalty. Now where is the justice in all of this I'd really truly like to know. Then they actually wonder why our children of today have no respect or trust in the authorities, Go figure huh!

    Atlanta Courthouse Shootings Trial Begins This Week | 7 comments (7 topical)

    Readers Must Login or Create an Account to Comment