Of Counsel

Legal Notes on Georgia and The South

Just What We Need For Nichols–More Craziness!

Posted by Maggie on November 1, 2007

So the Nichols case is crazy and complicated and threatening to take over the State. So what has happened in the last week? The legislature is forming a committee to consider impeaching the Judge. That will certainly make the case less complicated. And now another county Judge has sent an email to all the Superior Court Judges expressing his outrage. Yes, that will make this go much more smoothly.

The defense, apparently, has decided not to throw oil on the fire. They are withdrawing their contempt motion against GPDSC and are going to seek alternative measures of funding.

I wish someone would sit down the legislature and others who keep making a bad situation worse and let them know that all this crap they’re pulling only makes a successful appeal more likely, leading to the possibility of having to retry the whole case.

Not that I have full access to the court records in the case, but it seems to me like Judge Fuller is trying to be prudent to avoid being overturned on appeal. This seems to me like a good strategy. Then again, it couldn’t hurt for him to sit the prosecution down, tell them to lay off with the huge scope of their case and pull back a little bit so the whole thing can get going. Most of the delays have been caused by funding issues or by huge amounts of discovery. If defense is willing to compromise on the funding, that means the prosecution needs to narrow down that 400-person witness list.

2 Responses to “Just What We Need For Nichols–More Craziness!”

  1. Ben Von Schuch said

    The Legislature and the AJC has made a big deal about the cost of the defense but I would like to see a itemized accounting and an estimate of time spent on the case by Nichol’s lawyers. It would be great if the AJC had a Capitol Denfense Expert to talk about the money spent in this case and the typical cost to have a really good death penalty defense. $2 million sounds like a lot to the average person but the AJC has neglected to give the public any kind of reference to the cost.

  2. Maggie said

    Actually, the Defense team did exactly that in a hearing a few months ago. They showed how they were spending substantially less than the Rudolph case, which is a similarly complex case and brought in experts. Sadly, none of the reporters at that hearing really gave a lot of detail so we didn’t get to see specifics, but I heard it was a very detailed power-point.

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