Questions Linger over Lasting Nichols Damage

By Odette Yousef

Atlanta, GA – As the search continues for a replacement judge for the Brian Nichols trial, there are questions about whether there is lasting damage from how the case has progressed so far.

The case was already inherently difficult, with a 54-count indictment, multiple crime scenes, and chronic funding shortfalls.

But Atlanta defense attorney Page Pate says that Judge Hilton Fuller's handling of the case, and his later recusal, may give Nichols' lawyers reason to argue that they simply can't get a fair trial:

PATE: We've got public statements by the judge presiding over the case that the guy did it, we've got all these funding issues, we've had delay after delay after delay, additional media attention all through the pre-trial. Then we're going to bring in another judge who may very well question some of the pre-trial rulings that Judge Fuller made.

In addition, Pate says the recent attention to comments that Fuller made about Nichols, printed in The New Yorker magazine, continue to make it difficult to ensure that the jury pool is untainted.

Nichols is charged with shooting three Fulton County Courthouse officials, and a federal agent, in March of 2005.