Posted by
William F. Johnson on Friday, December 12, 2008 10:08:40 PM
The Atlanta courthouse gunman who killed a judge and three
other people avoided a death sentence Friday when jurors failed to
reach a unanimous decision on his sentence.
Superior
Court Judge James Bodiford is required by state law to sentence Brian
Nichols to life, and will decide in a hearing scheduled for Saturday
morning whether that will include the possibility of parole. It is
likely Nichols would spend the rest of his life behind bars regardless
of the decision.
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. The 37-year-old was on
trial for rape when he grabbed a guard's gun and fatally shot the
judge, a court reporter and a sheriff's deputy at the courthouse. He
fled and killed a federal agent in an Atlanta
neighborhood.
Anything short of a death sentence was
viewed as a failure for prosecutors. They turned down an offer by
Nichols' attorneys last year for him to plead guilty to the murder
charges if the state took the death penalty off the table. Both sides
have spent millions of dollars since in legal fees to try the
case.
Nichols sat emotionless throughout the hearing,
while relatives of the victims looked
downtrodden.
Lawyers from both sides refused to
comment until after Saturday's sentencing decision, as did the family
members of the victims. Court spokesman Don Plummer said the jurors,
who also refused to comment, were "exhausted and
relieved."
"They said they felt like they had been
here forever," said Plummer.
Death sentences in
Georgia require a unanimous jury decision. The jurors deliberated for
more than 30 hours over four days before telling Bodiford around noon
Thursday they were deadlocked 9-3, with nine in favor of death and
three in favor of life without parole.
The judge
declared the jury deadlocked late Friday after the jury reported it had
"reached a stage where further deliberations will not change an
opinion."
Atlanta residents have watched the trial
unfold as one setback after another slowed efforts to bring Nichols to
justice and tested the patience of a city seeking
closure.
Nichols was accused of plotting an escape
from jail with his pen-pal girlfriend. Frustrated legislators used the
growing expenses as a rallying cry to slash Georgia's fledgling public
defender system.
An earlier effort to bring the case
to trial was postponed because of funding problems, and the case's
first judge, Hilton Fuller, resigned after he was quoted in a magazine
article saying of Nichols, "everyone in the world knows he did
it."
The new judge, Bodiford, vowed to keep the trial
on a tight schedule since the opening statements began in late
September. Attorneys introduced more than 1,000 pieces of evidence and
jurors have heard testimony from more than 140 witnesses throughout the
trial.
After Nichols was convicted on Nov. 7, defense
attorneys called a parade of Nichols' friends and family to the stand
to build a case to spare their client's life. Sentencing him to death,
they argued, would not improve society.
"Are we, can
we be better off with mercy? The answer to that question is, 'Yes,'"
said Henderson Hill, a defense attorney.
Prosecutors
summoned relatives of Nichols' victims to deliver emotional testimony
on how the shootings have changed their lives. And they sought to prove
Nichols was an unrepentant "snake" who would plot to escape once
more.
"He has not changed," prosecutor Clint Rucker
told the jurors. "And if he's done it once, he'll do it again - until
someone stops him. And that someone is you."
The
trial was held amid high security in a municipal courthouse a few
blocks from where the first shootings occurred, and police cordoned off
the streets outside the building and screened visitors through two
separate checkpoints. Still, Fulton County authorities said they
confiscated a razor and a handgun from two people who tried to enter
the courtroom last month.
The shooting rampage began
when Nichols stole a deputy's gun and burst into the courtroom, where
he shot and killed Superior Court Judge Rowland Barnes and court
reporter Julie Ann Brandau. Deputy Hoyt Teasley was killed
outside.