Gag order postponed in Nichols trial

A Fulton County Superior Court judge today refused to grant a request for a gag order in the case of Brian Nichols. Nichols faces the death penalty, following a 2005 shooting spree that left several people dead.

State prosecutors asked for a gag order last week. Lawyers for several news organizations argued against it at a hearing. The gag order request follows reports of press interviews by Nichols attorneys about the increasing cost of the trial.

Earlier this summer, the managing director of the state’s public defender standards council told a reporter that the office was in dire straits because of the costly trial. Prosecutors used that comment to ask for the gag order.

In court, Judge Hilton Fuller says he believes the public had a right to be informed of the court’s proceedings, but did not rule on the gag order. He said he will do so at a later date. That in turn has once again postponed the trial. Jury selection was to start next week but has been delayed.

Following today’s hearing, Judge Fuller asked Nichols if he was “concerned with his current level of representation.” Nichols replied, “Not at the moment Your Honor.”

In other news, the state’s highest court has sided with Fulton County over who will pay part of the tab in the Nichols trial.

In a unanimous ruling the Georgia Supreme Court said Fulton County is not required to foot the bill for a portion of Brian Nichols’ defense. State law requires counties to pay for ordinary trial costs, like office space and equipment. But, the state’s highest court said extraordinary costs like PowerPoint presentations or transcribing jail house telephone interviews is not the type of cost normally associated with superior court proceedings.

In 2005, the state established the Georgia Public Defender Standards Council for indigent defendants. However, in late August, the head of the Council, resigned citing inadequate funding in death penalty cases.

The price tag so far in the Nichols case has topped 1 million dollars. And, some experts predict the cost of trying to keep Nichols off death row could exceed two and a half million dollars. No word yet on whether or not Fulton County will appeal the Supreme Court’s decision.