D.A. tries to remove judge from Brian Nichols death penalty case in Atlanta
The Brian Nichols case is back in the news after a brief respite. District Attorney Paul Howard has filed a motion asking Judge Fuller to recuse himself from the case. The Atlanta Journal Constitution has the story. I was interviewed about the case and this recent motion on the local Atlanta affiliate of National Public Radio.
ATLANTA, GA (2007-12-28) A motion filed by Fulton County District Attorney Paul Howard yesterday asks the judge in the Brian Nichols case to recuse himself. Nichols is charged with killing four people as part of a courthouse escape attempt. But some criminal attorneys say that finding a new judge could further complicate things.Howard's motion claims that Judge Fuller is biased in favor of the defense, an ethical violation. But Atlanta criminal defense attorney Page Pate doesn't buy it:
PATE: Even though Paul Howard says it's about ethics, it's really about money. It all comes back to money.
The case has dragged on for more than a year, has cost 1.2 million dollars, and is now suspended indefinitely. Pate says the latest motion won't help:
PATE: It's a losing game, and it's just going to cost additional time and money to go through this recusal process, because it won't be successful.
Fuller may rule on Howard's motion himself, or allow another Superior Court judge to make that decision. If the motion is denied, Pate says Howard will likely appeal the decision to Georgia's Supreme Court.
© Copyright 2008, WABE
Several judges, prosecutors and even some criminal defense lawyers have criticized Judge Fuller's handling of this case because of the delays and his willingness to apparently give Nichols' defense lawyers a blank check for their fees and expenses. But whatever people may say about Judge Fuller, he is no quitter and will not simply cave in to the DA's demands for a new judge. As much as this case needs to be tried, the D.A. shouldn't get to pick the judge to try it.
I seriously doubt that changing the judge or changing the defense lawyers at this point will speed things up. It looks like the only way the case will be tried soon is if Fulton County or the State of Georgia gives the defense lawyers more money. If I were Nichols' lawyer, I wouldn't hold my breath.
