Judge to decide Nichols' fate; jurors deadlock on death penalty

A judge is set to decide whether to sentence courthouse gunman Brian Nichols to life in prison with or without parole. Fulton County Superior Court Judge James Bodiford declared a deadlock in the trial against Nichols after jurors failed to reach a unanimous decision on whether to sentence him to death. State law requires Bodiford to decide which life prison sentence to give Nichols. Prosecutors had urged jurors to sentence Nichols to death after he was convicted last month of murder and dozens of other counts in the 2005 killings. Nichols was on trial for rape when he grabbed a guard's gun and fatally four people, including a judge, a court reporter and a sheriff's deputy and a federal agent.

(Associated Press)

New twist to Nichols shooting case

The judge in the Brian Nichols murder case removed one of the jurors after two other jurors said she talked about a jailhouse beating Tuesday night of prosecution witness Willie Tiller Jr. Tiller was a Nichols cellmate who testified that Nichols planned to kill the judge presiding over his rape case. Superior Court Judge James Bodiford said Friday, "I'm scared of her going back in the jury room and saying something else." He added, "We're in trouble. This case is in trouble." Bodiford found out that three jurors had overheard Juror No. 5's remarks. The defense and prosecution in the Nichols case rested Friday after five weeks of testimony. Jurors are expected to return Wednesday to hear closing arguments from both sides. Nichols is accused of fatally shooting Superior Court Judge Rowland Barnes and court reporter Julie Ann Brandau in the courthouse March 11, 2005, and sheriff's Deputy Hoyt Teasley just outside the building. A fourth victim, federal agent David Wilhelm, was killed at a north Atlanta home he was renovating.

(Associated Press)

High-profile trial switches venues

The murder trial of accused courthouse gunman Brian Nichols will not be held in the Fulton County Courthouse. Fulton County commissioners approved a lease with the city of Atlanta Wednesday to hold the trial at the Atlanta Municipal Court, which handles traffic cases. Superior Court Judge James Bodiford ordered the trial to be moved last week from the Fulton County Courthouse. Nichols is charged with killing four people on March 11, 2005, in a shooting spree that began inside the courthouse.

Nichols judge can stay

The judge presiding over the murder case involving accused courthouse shooter Brian Nichols can remain on the case. Another judge has denied a defense motion to remove Superior Court Judge James Bodiford. The defense argued Bodiford can’t be fair because he was friends with a judge Nichols is charged with killing in a shooting spree in March 2005. The previous judge overseeing the murder case stepped down from the case in January because of comments he made to a magazine.

Nichols judge won't step down

The second judge to oversee the murder trial of accused courthouse gunman Brian Nichols says he won't step down from the case. Nichols lawyers question whether Judge James Bodiford is impartial in the case, because he was quoted in a newspaper as saying he was friends with the judge Nichols is accused of killing. Nichols faces four murder charges in all stemming from a shooting rampage in 2005 that started at the Fulton County Courthouse.

Bid to move Nichols trial rejected

A request to move the trial of accused courthouse killer Brian Nichols has been rejected. Judge James Bodiford asked to move the July 10th trial from Superior Court to the federal courthouse in Atlanta. The federal courthouse is a few blocks from the courthouse where Nichols is charged with going on a shooting spree on March 11th, 2005 in which four people were killed.

Nichols case makes progress

After three years, millions of dollars, and countless pre-trial motions, a start date may be in sight for the Brian Nichols trial. Cobb County Judge James Bodiford will set a trial date on Monday.

Under the previous judge, who withdrew in January, Nichol's trial was suspended because defense funds had run dry. But Bodiford has made it clear that, under his gavel, things will move along.

“I believe that it won't be an easy decision, but it will be a decision that I've made hundreds of times before,” said Judge Bodiford. “It's a day of trial.”

Also, Judge Bodiford will decide on Thursday whether to change Nichols' defense team. The state's public defenders agency has asked that one of Nichols' out-of-state lawyers be removed, and that Georgia's capital defender office become lead counsel.

Nichols is charged with killing three Fulton County courthouse officials and a federal agent in 2005.