House Considers Changing Unanimous-Jury Requirement for Death Sentences

A bill that would allow prosecutors more options in imposing life-without-parole sentences is in jeopardy because some want to make amendments.

The state House was set to take up a Senate bil that would allow prosecutors to seek life without parole sentences. Currenlty that is only possible if they first ask for the death penalty. But the bill was sent back to committee before reaching the floor.

Motivated by the Brian Nichols case, leading House Republicans want to add an amendment to do away with Georgia's unanimous-jury verdict-requirement in death penalty cases.

The proposed changes have bill sponsor Senator Preston Smith irate. He says the measure was supposed to be a victims' rights bill and House members are quickly turning it into something new.

"This late in the session a bill should not be hijacked that hasn't even come through a committee in either chamber. And so I'm very disappointed and I hope they reconsider that action."

Smith says that if the bill doesn't pass, families of murder victims could see the convicted killers back on the streets. Lawmakers have just 9 legislative days left to pass the bill.

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Changes to Public Defenders Council Approved by Senate

Comparing the spending at the public defenders standards council to drunken sailors on shore leave, State Senator Preston Smith of Rome has pushed a bill through his chamber eliminating the group.

The bill makes the council an advisory group. Currently the council has the power to overrule the agencies director. Sen. Smith says that’s led the council to double it’s spending the past eight years defending indigent criminals.

"Every single state agency has agreed to reduce their budget, and tighten their belt, and this agency says not only will we not tighten our belt, we want a thirty three percent increase in our funding in FY 2010."

Opponents say this bill is political, and that Smith and others are angry the state spent over two million dollars defending convicted quadruple murderer Brian Nichols. They say if passed, this bill would reduce the quality of defense provided to the poor.

Change To Death Penalty Law

The state Senate has approved legislation which would allow prosecutors to seek life without parole against convicted killers without first pursuing the death penalty. Under current law, prosecutors may not obtain a sentence of life without parole unless they first seek the death penalty.

Preston Smith, a Rome Republican, says such capital trials are time-consuming and costly.

The bill now moves to the state House.

(Associated Press)

Bill to weigh kids passes Senate

The State Senate passed a bill today that would require public schools to take the Body Mass Index of each student and compete with other schools for the lowest average score. It's meant to improve the health of children, but oponents argues it's too much government intrusion.

The bill's sponsor Republican Joseph Carter argued that 1 in 3 kids in Georgia is either obese or at risk of becoming obese. He hopes to improve the situation with an online competition. Each school's collective Body Mass Index would be posted on a Department of Education website. It also calls for the governor to establish a recognition program. Republican Seantor Preston Smith of Rome says that leaves too much room for bullying because schools eyeing state funds could put pressure on heavier kids.

Smith says it should be parents, not government's, role to keep children healthy. Each child's BMI would be kept private by the school and released to parents upon request. The measure now goes to the state House for consideration.

Ft. Benning going whole hog over feral pigs

Maj. Bobby Toon posing in October 2007 with a feral pig he killed at Fort Benning. (AP Photo/Fort Benning)

Maj. Bobby Toon is known as the Pig Czar at the huge army post on Georgia's western edge.

He has been assigned to help rid Fort Benning of its unwanted guests: an estimated 6,000 feral pigs that roam the 184,000-acre installation.

The animals, common throughout Georgia, are known for tearing up woodlands and farms. They are aggressive foragers, gobbling up native vegetation and endangered species.

"These pigs feed and breed," Toon said. "That's all they care about. I've been here off and on for 17 years, and I can never remember a pig population as big as it is now."

Since July, more than 900 pigs have been killed.

"These animals can smell a turkey egg three miles away," Toon said. "They're also a danger to tortoises and woodpeckers."

The former 2nd Battalion, 69th Armor Regiment company commander, who now instructs a course at the Maneuver Captains Career Course, has personally brought down 68 pigs in the past year.

He's not the only pig hunter at work.

About 2,000 people who are authorized to hunt on the post have been encouraged to go after the feral pigs. They must be active-duty, retired military or civilian workers at Benning and must have a license from the base.

The post is offering a $40 bounty for every pig tail that's brought in.

"We did a cost estimate with civilian contractors, but they wanted way too much money for the job," Toon said.

(The Associated Press)

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Lawmakers examine public defender system

Defense costs in the death penalty case of Brian Nichols, the man accused of killing an Atlanta judge, are inching towards $2 million dollars.

Lawmakers on a committee studying the state public defender system admit the Nichols case is the exception to the rule. But they are concerned that Georgia is spending too much on legal representation for poor people accused of crimes.

"Help me understand how we are to put in place a system where someone that's defended on the taxpayer's dime gets a better defense than someone who is paying for it themselves," asked Rep. Chuck Martin (R-Alpharetta).

Another committee member, Sen. Preston Smith (R-Rome), says maybe the legislature should set a cap on the amount of money defense lawyers can spend. He says public defenders are providing "Cadillac-style defense."

The state public defender system is three years old. Lawmakers created it after a commission warned that the county-based system was unconstitutional and Georgia could face an expensive federal lawsuit.