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)

Fulton County courthouse shoother could get help with defense

Accused Fulton County courthouse shooter Brian Nichols could get help with his defense if his lawyers get their way. Nichols is on trial for the March 2005 shooting of a judge and three others. His lawyers want a judge to decide whether or not the prosecutors should transcribe 400 hours of taped conversation from Nichols' phone. A ruling is expected on June 13. The judge hearing the case has suggested state law favors the prosecutors. Jury selection for the Nichols trail is scheduled for July.