Prospective Juror No. 33 came face-to-face with what she could be required to do if she sits on the jury that decides the fate of Brian Nichols.

Kellie Hill, the lead prosecutor, and Henderson Hill, the lead defense attorney, on Monday asked about her feelings on the death penalty. (The two lawyers are not related.)

John Spink/jspink@ajc.com (ENLARGE)

Brian Nichols

• Trial photos: Penalty phase | Verdict Week 7 | 6 | 5 | 4 | 3 | 2 • Opening arguments • Interactive graphic: Timeline of shootings • BLOG: Discuss the verdict RECENT STORIES Nichols' daughter only met dad after killings  Witness says Nichols was model employee at H-P  Nichols defense team gets an earful from judge  Nichols trial penalty phase to stretch on  Spare Nichols because of his awful childhood, witnesses say  Nichols saw brownies as part of conspiracy, psychiatrist says  Hired defense psychologist caught off guard Nichols' mother calls him easygoing, 'a gentleman' Nichols says he was at war with U.S. government in taped confession Ashley Robinson says Nichols tried to recruit her AJC's full trial coverage RELATED LINKS Atlanta news Georgia and metro news

The juror explained she could support execution if the crime warranted it, but didn't think the death penalty was an automatic remedy for murder.

According to Georgia law, that answer says the person is qualified to be on a jury that must decide whether to enact the ultimate punishment.

But that didn't end the questioning for the woman who worked at the U.S.Department of Housing and Urban Development.

The prosecutor wanted to make dead certain Juror No. 33 knew what she was saying. Kellie Hill didn't need a waffler.

She told the woman to look at Nichols.

"If you thought it was appropriate, could you vote for death for that man sitting here today?" Hill asked.

There was a long pause. Juror No. 33's answer was barely audible but it was still understandable: "Yes," she said.

Kellie Hill's quest for clarity was also understandable. Last week she watched at least two people who said they opposed capital punishment get in the jury pool because they said could "consider" execution and would do what the law required them to.

Georgia law doesn't require jurors vote for capital punishment if certain factors are present in the crime. It only requires they be able to consider it.

Later that afternoon, prosecutor Clint Rucker used the same tactic with Juror No. 50, a stay-at-home mom, who said she believed the death-penalty was justice but wept at the idea of imposing it.

"I can't look at him and know ... I would be responsible for taking his life," she said. "I could try."

Rucker reminded her that she would have to stand in open court and tell the judge that she was recommending death as punishment.

"I have a hard time seeing myself standing up and doing it," she said. "I don't feel there is no way that I couldn't do it, but it would be a big hurdle."

Rucker asked Superior Court Judge James Bodiford to remove the juror. The prosecutor noted the juror was convinced of Nichols guilt, would have a hard time considering life with the possibility of parole as punishment and that she testified she faints at the sight of blood. The jury will be shown graphic photos.

The defense has questioned the sincerity of the prosecution's contention that certain jurors should be removed to be fair to Nichols. Henderson Hill suggested Rucker could use one of his strikes to remove the juror once the jury pool is drawn.

"I saw nothing that would disqualify her to serve as a juror," Henderson Hill said.

Bodiford agreed and the woman became the ninth juror to be qualified for the jury pool since jury selection began Thursday.

Bodiford wants a pool of 100 from which to select a 12-person jury and six alternates.

Nichols has pleaded not guilty by reason of insanity to the killing of four people and multitude of other crimes that happened after he escaped from his holding cell at the Fulton County Courthouse, where he was on trial for rape on March 11, 2005.

He is accused of murdering Superior Court Judge Rowland Barnes, who was presiding over the rape case; court reporter Julie Ann Brandau; Sheriff Deputy Hoyt Teasley and David Wilhelm, an off-duty immigration and customs agent.

Nichols contends he suffered from a delusional compulsion at the time of the killings that overcame his will to resist killing.