ATLANTA — Almost two years after a judge, a court reporter and a sheriff's deputy were shot to death at the Fulton County Courthouse, Brian Gene Nichols will stand trial in that courthouse for those crimes.
As TV cameras roll, the justice system will be on trial too.
After a blitz of media coverage of a nearly 26-hour manhunt for Nichols, some legal experts question whether a fair trial is possible in the courthouse where the attacks took place -- particularly when the case is prosecuted by former colleagues of the slain judge and court reporter.
"I would be concerned, real concerned, if I were his defense attorney," said Thomas Maher, executive director of the Center for Death Penalty Litigation in North Carolina. "The jurors may have a tough time separating themselves from the people in the case. Sitting in the same courthouse, that's difficult."
On March 11, 2005, Nichols was headed to trial to face rape charges and a possible life sentence when, officials say, he overpowered a deputy, stole her gun and opened fire in the courtroom. Atlanta residents were riveted as officials mounted the largest hunt for a fugitive in Georgia's history. Eventually, Nichols was apprehended at the home of a hostage, Ashley Smith, a waitress and born-again Christian, who persuaded him to surrender and then wrote a book about her ordeal.
In a 54-count indictment, Nichols is accused of murdering Superior Court Judge Rowland Barnes and court reporter Julie Ann Brandau inside the courtroom, Sheriff's Deputy Hoyt Teasley outside the courthouse, and customs agent David Wilhelm at his northeast Atlanta home. Prosecutors are seeking the death penalty for Nichols, now 35.
For most Atlanta residents, the facts of the case appear clear: Several people witnessed the shootings in the courtroom; a surveillance camera in a parking garage captured Nichols fleeing the courthouse; Nichols is alleged to have confessed to Smith, and then to police.
"So many people are aware of what happened, it's as if it's almost an open-and-shut case," said Andrew Sheldon, an Atlanta-based jury consultant. "But as we know from the O.J. Simpson trial, you really have to be there."
Already, attorneys have sparred at a series of pretrial hearings and have filed more than 80 pretrial motions. The defense team has attempted to block the death penalty option and to throw out identification by some eyewitnesses. It has also argued that live television coverage threatens Nichols' right to a fair trial, and it repeatedly sought to delay the trial, claiming attorneys needed more time to prepare.
